AVAIL the slides here: bit.ly/lexrexe...
TOPICS:
00:26 - Bar Prediction 2024: Are the four grounds for motions to dismiss under Rule 15 exclusive?
01:11 - Res Judicata vs. litis pendentia vs. prescription
07:41 - Katarungang Pambarangay - Lupong Tagapamayapa: Cases covered therein
11:31 - Question about MTC and RTC Jurisdiction
13:57 -- Exclusive Original Jurisdiction of MTC and RTC in Civil Cases
15:32 -- Exclusive Original Jurisdiction of MTC and RTC in Criminal Cases
16:48 - Rule governing unlawful detainer actions
17:37 -- Civil cases governed by Rules on Expedited Procedure
20:09 -- Verification
[More about verification (different video): • Parts and Contents of ... ]
23:46 - Filing Fees
28:44 -- Non-payment or erroneous payment of docket fees
30:16 - Preliminary Attachment
44:48 - Two Dismissal Rule (Ching vs. Cheng)
52:47 - Two Dismissal Rule (Requisites)
58:12 - Two Dismissal Rule (Requisites - shortcut terms)
59:27 -- ordinary actions vs. special civil actions vs. special proceedings
INDIVIDUAL QUESTIONS IN THIS VIDEO:
What are the four grounds where a motion to dismiss is allowed?
When can the court dismiss the case moto proprio when the aforementioned grounds appear?
What action by the defendant is equivalent to service of summons?
Bar 2018 Question #1:
Was there a need to refer the case to the Lupong Tagapamayapa for prior barangay conciliation before the court can take cognizance of the case?
Was the action properly instituted before the RTC of Davao City?
Should the complaint be verified or is the certification sufficient?
When is referral to the Lupong Tagapamayapa a pre-condition for the filing of a case in court?
What are cases covered under the Katarungang Pambarangay?
What cases fall under the jurisdiction of MTCs and RTCs?
What Rules shall govern unlawful detainer actions?
What civil cases are governed by the Rules on Expedited Procedures in the First Level Courts?
What civil cases are governed by the Rules on Expedited Procedures in the First Level Courts?
What is a small claim?
Is there a fee?
Should a complaint under the Rules on Expedited Procedure be Verified?
Bar 2018 Question #2:
If you were the Judge, will you grant the motion to dismiss?
When should legal fees be paid?
How should they be paid?
How shall assess and collect legal fees?
Why is payment of legal fees important?
Can it be made to depend on the outcome of the case?
Bar 2018 Question #3:
Can the preliminary attachment issued by the Court in favor of Dinggoy be dissolved? What ground/s can Dodong's counsel invoke?
If Dodong posts a counter bond, is he deemed to have waived any of his claims for damages arising from the issuance of the Order and writ of attachment?
What is a preliminary attachment?
What are provisional remedies?
Examples of provisional remedies?
What is the nature of preliminary attachment?
What are the grounds upon which a party whose property has been ordered attached may file a motion to quash by filing a motion in court in which the action is pending before or after the levy?
Bar 2018 Question #4:
Will the two-dismissal rule apply making the second dismissal with prejudice?
Bar 2017 Question:
May Yana successfully invoke the Two-Dismissal Rule to bar Agatha's third complaint? Explain your answer.
6 окт 2024