Philippine Association of Law Schools Bar Operations 2023

Jul 11, 2024

Philippine Association of Law Schools Bar Operations 2023 - Lecture Notes

Opening Prayer

  • Thanksgiving for opportunity to learn and become fruitful.
  • Praying for success of the gathering and deeper connection among everyone.
  • Seeking strength and hope amidst challenges in health, prosperity, and solidarity.
  • Delivered through Christ, Our Lord.

Welcome Address

  • Greetings to the Philippine Association of Law Schools Bar Operations 2023 participants.
  • Introduction to "Cased Discurso" – a discussion on recent Supreme Court cases.
  • Partners and sponsors: Polytechnic University of the Philippines College of Law, Association of Law Students of the Philippines National, Rex Education, Central Books.
  • Series schedule includes: Remedial Law, Property, Persons and Succession, Criminal Law, Land Titles and Deeds, Commercial Law, Taxation, Political Law, Labor Law, Legal Ethics.

Remedial Law Lecture - Dean Soledad Mawis

Starting with Basics

  • Disclaimer regarding non-originality of images in the presentation.

Expedited Rules of Procedure

  • Scope: Includes forcible entry and unlawful detainer cases, civil actions, enforcement of barangay settlement agreements above P1M, Revival of Judgment, Civil aspect of BP 22 (unless criminal action is instituted).
  • Prohibited Pleadings: Motion to dismiss, hearing of affirmative defenses, Bill of Particulars, etc.

Small Claims

  • Definition: Claims less than P1M excluding interest and costs, purely civil in nature, limited to issues like contracts of lease, loan, services, sale of personal property, etc.
  • Venue: Regular rules on venue apply; exceptions for lending/banking businesses.
  • Joinder of Claims: Limited total not to exceed P1M.
  • Prohibited Motions: Similar to expedited rules – including motion for a new trial, postponement, etc.

General Provisions

  • Prohibited Pleadings & Motions: Motions to dismiss, to quash a complaint or information, motions for Bill of Particulars, new trial, reconsideration of judgments, etc.
  • Court Actions: Handling failures to file an answer, default judgments, etc.
  • Preliminary Conferences: Mandatory and can lead to submission of judgment based on pleadings.

Key Case Discussions

Palafox vs. Pendiola

  • Venue issue regarding civil action for damages – need for barangay conciliation before filing.

Heirs of Marquez vs. Heirs of Hernandez

  • Nature of action determined by complaint allegations and relief sought (quieting of title vs. specific performance).

Santos Ventura Hocorma Foundation Inc. vs. Mabalacat Institute

  • Forum shopping, misjoinder of actions, improper joinder, and separate proceedings for ordinary actions vs. special civil actions.

Commissioner of Internal Revenue vs. Standard Insurance Co.

  • Declaratory relief procedural requirements and breach of document conditions.

Linden Suites vs. Meridian Far East Properties

  • Judgment Court’s supervisory control over execution and remedies available under Rule 39.

Rule Exposures

Rule 14 - Summons

  • Section 3: Service of summons by sheriff, plaintiff, etc.
  • Substituted through residence, office, homeowners’ association based on presented circumstances.
  • Legal and proper service validation requirements, return requirements etc.

Summary Judgment (Rule 35) vs. Judgment on the Pleadings (Rule 34)

  • Judgment on the Pleadings: When the answer admits material allegations of the complaint.
  • Summary Judgment: Based on affidavits, depositions showing no genuine issue of material fact.

Dismissals and Affirmative Defenses (Rule 8, Rule 9)

  • Repeal of Rule 16 and implications for affirmative defenses and grounds for dismissal motions.
  • Special appearance and its implications.

Closing Advice

  • Effective study and reliance on prayer for guidance and strength.
  • Encouragement for perseverance in preparation for the bar exams.

Future Sessions

  • Upcoming Schedule: Property (July 21), Criminal Law (July 26), Land Titles and Deeds (July 28), Commercial Law (August 4), Taxation (August 7), Political Law (August 9), Labor Law (August 11), Legal Ethics (August 14).