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Remedial Law Key Concepts
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Remedial Law Key Concepts
Remedial Law Key Concepts
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1
Question
What are the grounds for issuing a writ of prohibition by the RTC?
Answer
A writ of prohibition may be issued when the respondent exercises judicial or quasi-judicial functions and acts without jurisdiction, in excess of jurisdiction, or with grave abuse of discretion amounting to lack or excess of jurisdiction.
2
Question
When can the RTC issue a temporary restraining order (TRO)?
Answer
The court may issue a TRO after conducting a summary hearing if affidavits or verified complaints show that great or irreparable injury would result to the applicant before the matter can be heard on notice.
3
Question
What determines whether an interpleader case falls under the jurisdiction of MTC or RTC?
Answer
For money claims in interpleader: MTC has jurisdiction if the amount does not exceed 2 million pesos; RTC has jurisdiction if it exceeds 2 million pesos. For real actions: MTC if the assessed value does not exceed 400,000 pesos; RTC if it exceeds 400,000 pesos.
4
Question
When is the Solicitor General required to file a petition for quo warranto?
Answer
The Solicitor General or public prosecutor must file a petition for quo warranto when directed by the President of the Philippines or when there is good reason to believe that the petition can be established by proof.
5
Question
What is the right of redemption in judicial foreclosure of real estate mortgage under Rule 68?
Answer
There is no right of redemption by the mortgagor in judicial foreclosure. However, the mortgagor has the equity of redemption, meaning he has from 90 to 120 days after judgment entry to pay the obligation and extinguish the mortgage.
6
Question
Is there a right of redemption in extrajudicial foreclosure of real estate mortgage under Act 3135?
Answer
Yes. The mortgagor has a right of redemption within one year from registration of the certificate of sale in the Registry of Deeds.
7
Question
Under what circumstances can the Municipal Trial Court (MTC) properly issue a writ of habeas corpus?
Answer
If there are no Regional Trial Courts (RTCs) or judges of RTCs in the area concerned, the petition for writ of habeas corpus may be filed with the MTC.
8
Question
What is the legal effect of acceptance by the beneficiary in an express trust?
Answer
Acceptance by the beneficiary is essential to the existence of the trust. If the trust imposes no onerous condition, acceptance is presumed if there is no proof to the contrary.
9
Question
Are aliens allowed to adopt under RA No. 8552?
Answer
Yes, but only if they have resided in the Philippines for at least three continuous years before filing the petition and continue to reside here until the adoption decree becomes final and executory. There are additional diplomatic and certification requirements.
10
Question
What is the proper remedy for someone who is being prevented from exercising a public office by another?
Answer
The proper remedy is a petition for mandamus to compel the person unlawfully preventing the exercise of the office, not a petition for quo warranto.
11
Question
Can the exclusionary rule be applied to presume guilt against military officers investigating enforced disappearances?
Answer
No. The presumption of innocence is stronger and the exclusionary rule applies to evidence improperly obtained. Thus, military officers should not be presumed complicit without proof.
12
Question
What is the purpose of a guardian ad litem?
Answer
A guardian ad litem is appointed by the court to represent and assist a minor or incompetent party in a pending legal action.
13
Question
Can a guardian be appointed over a legal-aged person who is of sound mind?
Answer
Yes. A guardian may be appointed for a legal-aged person who is of sound mind but unable to care for himself or manage his property due to age, illness, or similar causes.
14
Question
Does a writ of preliminary injunction require the plaintiff to have a clear and positive right?
Answer
Yes. To obtain a writ of preliminary injunction, the plaintiff must prove a clear and positive right that deserves protection, not just a contested claim or defense.
15
Question
When does the Metropolitan Trial Court (MeTC) have exclusive original jurisdiction over a partition case of real property?
Answer
The MeTC has exclusive jurisdiction when the assessed value of the parcel involved is P20,000 or less. If it exceeds P20,000, the RTC has jurisdiction.
16
Question
Is a petition for indirect contempt a criminal or civil action, and what remedies may the court impose?
Answer
Contempt proceedings are considered both criminal and civil actions. The court may order imprisonment if the respondent is found guilty of indirect contempt, especially if the judgment obligor refuses to satisfy the judgment.
17
Question
What are the requirements for filing a petition for writ of habeas corpus based on illegal detention?
Answer
The person must be illegally or unlawfully deprived of liberty. A valid arrest pursuant to a warrant does not justify a petition for habeas corpus when other remedies such as a motion to quash the warrant exist.
18
Question
What is the effect of a writ of amparo regarding the imposition of penalties on officers responsible for extralegal killings?
Answer
The amparo court can only determine responsibility and provide remedies but cannot impose criminal penalties. It can recommend filing of criminal cases to proper authorities.
19
Question
Under what conditions may the court issue a writ of preliminary attachment?
Answer
A writ of preliminary attachment may only be issued in cases enumerated by law. Refusing to pay an obligation despite having the financial means is not alone sufficient ground for issuance.
20
Question
What are the grounds and procedures for a motion to discharge attachment on the basis of bond insufficiency?
Answer
If the adverse party objects to the sufficiency of the applicant's bond or sureties, the court shall not immediately discharge the attachment. However, if there is no objection before delivery of property, the court may order the return by requiring a bond double the value of the property.