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Showing posts with the label civil procedure reviewer

Civil Procedure: Rules of Court, Rule 2 Reviewer (A.M. No. 19-10-20-SC)

   RULE 2 CAUSE OF ACTION Section 1. Ordinary civil actions, basis of  -  Every ordinary civil action must be based on a  cause of action . Section 2. Cause of action, defined.  -  A cause of action is the  act or omission by which a party violates a right of another .  CA=AO-PV-RA Section 3. One suit for a single cause of action.  -  A party may not institute more than one suit for a single cause of action.  Section 4. Splitting a single cause of action; effect of  -  If two or more suits are instituted on the basis of the same cause of action, the filing of one or a judgment upon the merits in anyone is available as a  ground for the dismissal of the others . Section 5. Joinder of causes of action.   - A party may in one pleading assert, in the alternative or otherwise, as many causes of action as he may have against an opposing party, subject to the following conditions: CNVM (a) The party joining the cau...

Civil Procedure Reviewer on General Principles of Remedial Law and Jurisdiction

  General Principles of Remedial Law A. Distinguish: Substantive Law and Remedial Law Substantive Law  — creates,  defines or regulates rights concerning life, liberty or property, or the powers of agencies or instrumentalities for the administration of public affairs. ( Primicias vs. Ocampo ) Source: Congress, Ex: Civil Code Operation: Prospective Procedural/Adjective/Remedial Law — prescribes the method of enforcing rights or obtaining redress for their violation. ( Bustos v. Lucero ) Sources: General Rule:  Supreme Court, Ex: Administrative Matters Exception:  Congress, Ex: BP 129 on Jurisdiction Operation: General Rule:  Retroactive, no vested rights in the rules of procedure Exceptions:  The statute itself expressly or by necessary implication provides  Applying it to pending proceedings would impair vested rights Not be feasible or would work injustice Aquino vs. Aquino, G.R. Nos. 208912 & 209018, Dec. 7, 2021 Article 285 of the ...