1.Obiter Dictum

A statement or remark in courts decision that is not essential to the disposition of the case.

2.Splitting Cause of Action

the act of instituting two or more suits for the same cause of action.

3.Action

Is a suit file in court for the enforcement or protection of a right, or the prevention or redress of a wrong.4.Venue

Theplace orgeographical location where the case is to be heard or tried.

5.Jurisdiction

The power and authority of the tribunal tohear,try and decide a case.

6.Summons

is a writ by which the defendant is notified of the action brought against him.

7.Motion

Motion is an application for relief other than by a pleading.

8.Interlocutory Order

It isa temporaryorder issued during the course of litigation.

9.Pleadings

Are written statements of the respective claims and defenses of the parties submitted to the court for resolution.10.Residual jurisdiction

The residual jurisdiction of trial courts is available at a stage in which the court is normally deemed to have lost jurisdiction over the case or the subject matter involved in the appeal.

1.Modes of discovery under the ROC:

1. Depositions pending Action (Rule 23)

2. Depositions before Action or Pending Appeal (Rule 24)

3. Written Interrogatories to Adverse Parties (Rule 25)

4. Request for Admission (Rule 26)

5. Production or Inspection of Documents or Things (Rule 27)

6. Physical and Mental Examination of Persons (Rule 28)

2.Remedies of party declared in default:a) The defendant in default may, at any time after discovery thereof and before judgment, file a motion, under oath, to set aside the order of default on the ground that his failure to answer was due to fraud, accident, mistake or excusable neglect, and that he has meritorious defenses; (Sec 3, Rule 18)b) If the judgment has already been rendered when the defendant discovered the default, but before the same has become final andexecutory, he may file a motion for new trial under Section 1(a) of Rule 37;c) If the defendant discovered the default after the judgment has become final andexecutory, he may file a petition for relief under Section 2 of Rule 38; andd) He may also appeal from the judgment rendered against him as contrary to the evidence or to the law, even if no petition to set aside the order of default has been presented by him. (Sec.2, Rule 41)

3.Pleadings allowed by the ROC:

As provided by Section 2, Rule 6 of the Rules of Civil Procedure, the following pleadings are allowed:

1.Complaint

2.Answer

3.Counterclaim

4.Cross-claim

5.Third/fourth party complaint

6.Complaint-in=intervention

7.Reply

4.Special civil action in the ROC

1.Interpleader(Rule 62)

2.Declaratory Relief and Similar Remedies (Rule 63)

3.Review of Judgments and Final Orders or Resolutions of the COMELEC and COA4.Certiorari, Prohibition and Mandamus (Rule 65)

5.QuoWarranto(Rule 66)

6.Expropriation (Rule 67)

7.Foreclosure of Real Estate Mortgage (Rule 68)

8.Partition (Rule 69)

9.Forcible Entry and Unlawful Detainer (Rule 70)

10.Contempt (Rule 71)

5.Remedies after judgment has become final andexecutory:

(a) Petition for relief from judgment;

(b) Action to annul a judgment;

(c) Certiorari; and

(d) Collateral attack of a judgment.

6.Requisites before a defending party may be declared in default

Three requirements must be complied with before the court can declare the defending party in default: a) the claiming party must file a motion asking the court to declare the defending party in default;b) the defending party must be notified of the motion to declare him in default and c) the claiming party must prove that the defending party has failed to answer within the period provided by the Rules of Court.

1.What is the doctrine of primary jurisdiction?

It is the principle that the courtscan notor will not determine a controversy involving a question which is still pending resolution within the special competency of an administrative tribunal2.What is the doctrine ofhierarchy ofcourts?

A higher court will not entertain direct resort to it unless relief cannot be obtained in the appropriate lower courts.

3.Distinguish Rule 45 from Rule 65 of the ROC

Although both are certiorai, Rule 45 is a mode of appeal which seeks to review final judgments or orders, while Rule 65 is a special civil action which seeks to question the jurisdiction of a tribunal that rendered the decision. Questions of law vs questions of fact and law.4.Whatisthe material data ruleand its importance?

A rule embodied in Section 6, Rule 41 of the ROC which declares that the full names of all parties to the proceedings shall be stated in the caption of the record on appeal and it shall include the order or judgment from which the appeal is taken, and in chronological order, copies of only such pleadings, petitions, motions and all interlocutory orders are related to the appealed order or judgment and necessary for the proper understanding of the issue involved, together with such data as will show that the appeal was perfected on time.

A rule in Section6, Rule 41 of the ROC, to the effect that where the trial court finds and declares in its order of approval of a record on appeal that it was filed on time or within thereglamentaryperiod and the correctness, accuracy and veracity of such finding are not impugned, questioned or disputed by the adverse party, the non-inclusion of a motion or order is not fatal and does not warrant dismissal of the appeal since the appellate court mayproperly rely on the trial courts order of approval and determination of the timeliness of appeal.

---important to detemine the timeliness of the petition

5.What ruleauthorizes the issuance ofnuncpro tunc order?

( what specific provision in ROC? pakihanap nlng po )

The object of a judgmentnuncprotuncis not the rendering of a new judgment and the ascertainment and determination of new rights, but is one placing in proper form on the record, the judgment that had been previously rendered, to make it speak the truth, so as to make it show what the judicial action really was, not to correct judicial errors, such as to render a judgment which the court ought to have rendered, in place of the one it did erroneously render, nor to supplynonactionby the court, however erroneous the judgment may have been. (Wilmerding vs. Corbin Banking Co., 28South.,640, 641; 126 Ala., 268.)

---a judgment intended to enter into the record acts which had already been done, but which do not yet appear in the records.ELEMENTS OF RES JUDICATA:

1. court of competent jurisdiction

2. final judgment based on merits

3. same identity of parties

4. same cause of action