PROJECT JURISPRUDENCE

LAW ON LEGAL AND COURT PROCESSES: A RULE-BY-RULE EXPOSITION PUBLISHED ONLY VIA PROJECT JURISPRUDENCE - PHILIPPINES   -oOo-   MARK ANGELO S. DELA PEÑA To cite this online book, please use the following: Dela Peña. 2023. "Law on Legal and Court Processes: A Rule-by-Rule Exposition." Published by Project Jurisprudence - Philippines. Published: September 20, 2023. Link: [Insert link] Last accessed: [Insert date of access]. x---------------------------------------------x RULE 9: EFFECT OF FAILURE TO PLEAD Failure to plead occurs when a defending party fails to submit a responsive pleading for the purpose of resisting the claims of the claiming party. Insofar as defendants are concerned, they may be declared in default if they fail to file an answer. The same is true for defendants in a counterclaim, cross-claim defendants, third-party defendants, and defendants in an intervention. DEFENSES AND OBJECTIONS NOT PLEADED Defenses and objections not pleaded either in a motion to dismiss...

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RULE 4: VENUE OF ACTIONS [1]   [2]   [3]   [4]   [5]   [6]   [7]   [8]   [9]   [10]   [11]   [12]   [13]   [14]   [15]   [16]   [17]   [18]   [19]   [20]         [21]   [22]      [23]  

NOTICE TO THE SOLICITOR GENERAL [71]   [72]   [73]   [74]   [75]   [76]   [77]   [78]   [79]   [80]   [81]   [82]  Section 3, Rule 63, Rules of Court. [83]   [84]  

If you plan to become a lawyer, it is important to prepare for it right away. Every decision you make matters because the opportunities you may or may not have will depend on what you choose today. One important thing to consider is the pre-law course or undergraduate studies you will take before you enter law school. Although there are some who only decided to enter law school later in life, there are others who, as a child, already dreamed of becoming a lawyer someday.  For the information of the person reading this, you can enter law school regardless of the course/major you took. However, there are some law schools that require you to have other requirements aside from graduating from any four-year course. For example, the Ateneo de Manila University (ADMU) requires their applicant to have at least twelve (12) units of English and at least three (3) units of a Rizal course at the tertiary level. Requirements will still depend on the law school you wish to enter. Regardless of t...

CASE DIGEST: 595 Phil. 305[ G.R. Nos. 171947-48, December 18, 2008] METROPOLITAN MANILA DEVELOPMENT AUTHORITY, DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES, DEPARTMENT OF EDUCATION, CULTURE AND SPORTS, DEPARTMENT OF HEALTH, DEPARTMENT OF AGRICULTURE, DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS, DEPARTMENT OF BUDGET AND MANAGEMENT, PHILIPPINE COAST GUARD, PHILIPPINE NATIONAL POLICE MARITIME GROUP, AND DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT, PETITIONERS, VS. CONCERNED RESIDENTS OF MANILA BAY, REPRESENTED AND JOINED BY DIVINA V. ILAS, SABINIANO ALBARRACIN, MANUEL SANTOS, JR., DINAH DELA PEÑA, PAUL DENNIS QUINTERO, MA. VICTORIA LLENOS, DONNA CALOZA, FATIMA QUITAIN, VENICE SEGARRA, FRITZIE TANGKIA, SARAH JOELLE LINTAG, HANNIBAL AUGUSTUS BOBIS, FELIMON SANTIAGUEL, AND JAIME AGUSTIN R. OPOSA, RESPONDENTS. FACTS Concerned Residents of Manila Bay filed a complaint before the Regional Trial Court (RTC) in Imus, Cavite against several government agencies, among them the petitioners, for t...

[ NO RECOMMENDED CITATION ] PJP UNDOCKETED : This content is yet to be be peer reviewed and has not yet received any favorable recommendation for citation. It may or may not be queued up for citation recommendation or peer review. Caution is advised. CONTACT US: For immediate action on requests, comments, concerns, suggestions, and other forms of feedback, please message us on Facebook at www.m.me/projectjuris . CASE DIGEST: [ 758 Phil. 724, G.R. No. 180771. April 21, 2015 ] RESIDENT MARINE MAMMALS OF THE PROTECTED SEASCAPE TANON STRAIT, ET AL., PETITIONERS, V. SECRETARY ANGELO REYES, ET AL., RESPONDENTS. FACTS: This case concerns Service Contract No. 46 (SC-46), which allowed the exploration, development, and exploitation of petroleum resources within Tañon Strait, a narrow passage of water situated between the islands of Negros and Cebu. Represented by their human stewards, petitioners are marine mammals who are residents of Tañon Strait who filed an original Petition...

An information is an accusation in writing charging a person with an offense, subscribed by the prosecutor and filed with the court. [1]  The due recognition of the constitutional right of an accused to be informed of the nature and cause of the accusation through the criminal complaint or information is decisive of whether his prosecution for a crime stands or not.[2] In deference to the constitutional right of an accused to be informed of the nature and the cause of the accusation against him,[3] "[a] complaint or information is sufficient if it states the name of the accused; the designation of the offense given by the statute; the acts or omissions complained of as constituting the offense; the name of the offended party; the approximate date of the commission of the offense; and the place where the offense was committed."[4]

81 OG No. 40, 4426 (October 7, 1985) [ PRESIDENTIAL DECREE NO. 1986, October 05, 1985 ] CREATING THE MOVIE AND TELEVISION REVIEW AND CLASSIFICATION BOARD. WHEREAS,  the movie and television industry has been beset with manifold and multifarious problems accented by its nebulous stance towards the Board of Review for Motion Pictures and Television reorganized under Executive Order No. 876-A; WHEREAS,  the movie and television industry is now on the brink of economic collapse, that unless remedial measures are undertaken, this grave emergency facing the industry will be a roadblock to the early economic recovery program of the government; WHEREAS,  there is an urgent need to rationalize the movie and television industry vis-a-vis the body regulating and supervising its operations; WHEREAS,  a regulatory body must not only function in reviewing and censoring films or television programs brought before it but must also initiate the plans and coop...

AAA, a dual citizen -- Filipino and French, intended to go to Germany after his stay in France where he is a domiciliary under a permanent residence grant. So, he bought a two-way plane ticket from Air France Philippines, Inc. via a contract of sale that provides that any claim arising from injury of a passenger must be brought within 2 years from the date of occurrence and any award of damages to the passenger shall be subjected to a 10% interest rate per annum. Air France Philippines, Inc., although registered in the Philippines, has its main office in Paris, France. Unfortunately, in mid-air and within the air space of Germany, the plane exploded due to an engine malfunction. AAA died as a result, leaving a car in Germany, a house in France, and 2-hectare agricultural land in the Philippines. AAA's family went to Germany and decided to bury his remains there. They discovered that AAA and his fiancee, BBB (a French woman), jointly executed a last will ...