Codal Buddy

krishamarie

Human-read audio recordings of codal provisions for mastery.

  1. Aug 17

    Expedited Rules - Summary Procedure - Rule 4 - Appeals in Summary Procedure

    Active Recall Questions: Section 1: To what court may a judgment, final order, or final resolution in a Summary Procedure case be appealed?Section 1: What rules govern appeals in civil and criminal Summary Procedure cases?Section 1: How is an appeal taken?Section 1: What must accompany the notice of appeal?Section 1: With which court must the notice of appeal be filed?Section 1: Within how many calendar days must the appeal be filed?Section 1: From when is the 15-day period to appeal counted? Section 2: What is the nature of the Regional Trial Court’s judgment on appeal?Section 2: May the Regional Trial Court’s judgment on appeal be further appealed?

    Expedited Rules - Summary Procedure - Rule 4 - Appeals in Summary Procedure

  2. Aug 15

    Expedited Rules - Summary Procedure - Rule 3 - Criminal Cases

    Active Recall Questions: Section 1: How may a criminal case governed by the Rule on Summary Procedure be commenced? Section 1: What must accompany the complaint or information? Section 1: How many copies of the judicial affidavits must be filed? Section 1: May the complaint, information, and other submissions be filed and served electronically? Section 1: What is required for electronic filing and service? Section 2(a): When may the court dismiss a case commenced by complaint outright? Section 2(a): What must the court order if the accused is in custody and the case is dismissed for lack of probable cause? Section 2(b): What must the accused submit when the case is commenced by information or is not dismissed? Section 2(b): Within how many calendar days must the accused submit the required judicial affidavits and evidence? Section 2(b): To whom must the accused serve copies of the submissions? Section 2(b): What is the effect of a judicial affidavit at trial? Section 2(b): May the prosecution use sworn statements or affidavits instead of judicial affidavits? Section 2(b): When may the prosecutor ask additional direct examination questions? Section 3: When shall the court determine whether probable cause exists? Section 3: What happens if the court finds no probable cause? Section 3: What happens if the court finds probable cause? Section 3: When may the court proceed with arraignment even if the detained accused has not submitted his or her judicial affidavits? Section 3: How long is the fresh period for submission of the accused’s judicial affidavits after arraignment and pre-trial? Section 4: When may the court issue a warrant of arrest in criminal cases under the Rule on Summary Procedure? Section 4: How may an arrested person be released? Section 4: When shall the court archive the case if the warrant cannot be served because the accused cannot be located? Section 5(a): Within how many calendar days shall arraignment and pre-trial be set for a detained accused? Section 5(a): Within how many calendar days shall arraignment and pre-trial be set for a non-detained accused? Section 5(a): Who are required to attend the arraignment and pre-trial? Section 5(a): What must the court inquire into before arraigning the accused? Section 5(a): What happens if the accused pleads guilty to the original charge? Section 5(a): What is required when the accused offers to plead guilty to a lesser offense? Section 5(b): What rules govern the Pre-Trial Conference? Section 5(b): When may an admission by the accused be used against him or her? Section 6: What documents shall constitute the testimony of witnesses at trial? Section 6: What is the effect if an affiant fails to testify? Section 6: When may a witness testify even without a previously submitted affidavit? Section 6: How many calendar days does the prosecution have to complete its evidence presentation? Section 6: When shall the prosecution orally offer its evidence? Section 6: How many calendar days does the defense have to complete its evidence presentation? Section 6: How many calendar days does the prosecution have to present rebuttal evidence? Section 6: What grounds may justify a postponement of trial? Section 6: Does a granted postponement extend the period for presenting evidence? Section 7: Within how many calendar days must the court render and promulgate judgment? Section 7: From what event is the 30-day period for judgment counted?

    Expedited Rules - Summary Procedure - Rule 3 - Criminal Cases

  3. Aug 15

    Expedited Rules - Summary Procedure - Rule 3 - Civil Cases

    Active Recall Questions: Section 1: What pleadings are allowed to be filed under this Rule?Section 1: What is required of all pleadings? Section 2: What rules govern the form and contents of pleadings?Section 2: What must cases requiring barangay conciliation contain?Section 2: What is the effect of failure to comply with barangay conciliation? Section 3: What must the complaint state regarding judicial affidavits?Section 3: What happens if a judicial affidavit is not attached to the complaint?Section 3: What evidence must be identified in the complaint?Section 3: What must the plaintiff state regarding electronic/facsimile service? Section 4: Within how many days must summons be issued?Section 4: What must the summons state?Section 4: What grounds may justify outright dismissal by the court? Section 5: What rules govern filing and service of pleadings and summons? Section 6: Within how many days must the defendant answer?Section 6: What must the answer contain regarding judicial affidavits and evidence?Section 6: Which affirmative defenses are waived if not pleaded?Section 6: Which defenses are not waived?Section 6: What is the effect of failing to assert cross-claims and compulsory counterclaims? Section 7: What are the requirements for a counterclaim covered by this Rule?Section 7: What is the maximum amount allowed for a counterclaim? Section 8: When may the plaintiff file a reply?Section 8: Within how many days must the reply be filed? Section 9: What happens when the defendant fails to answer? Section 10: When must the Notice of Preliminary Conference be issued?Section 10: When must the Preliminary Conference be held?Section 10: What three proceedings/dates must the notice include? Section 11: When must the Preliminary Conference Brief be filed?Section 11: What must it contain? Section 12: Who must appear at the Preliminary Conference, CAM, and JDR?Section 12: When may non-appearance be excused?Section 12: What happens if the plaintiff or defendant fails to appear? Section 13: What is the purpose of the Preliminary Conference Order?Section 13: When may the case be submitted for judgment?Section 13: When may position papers be required? Section 14: Within how many days must judgment be rendered after the Mediator’s/JDR Report?Section 14: When may the court require clarificatory evidence?

    Expedited Rules - Summary Procedure - Rule 3 - Civil Cases

  4. Aug 14

    Expedited Rules: Rules on Summary Procedure - General Common Provisions - Rule 2

    Active Recall Questions: Section 1: When do the regular Rules of Court apply to cases covered by these Rules? Section 1: When may the regular Rules of Court apply suppletorily? Section 1: In case of inconsistency between these Rules and the regular Rules of Court, which shall prevail? Section 2: What pleadings, motions, or petitions are prohibited in cases governed by these Rules? Section 2(a): What motion is prohibited in civil cases, and what motion is prohibited in criminal cases? Section 2(a): What are the exceptions to the prohibition against a motion to dismiss or motion to quash? Section 2(b): Is a motion to hear or resolve affirmative defenses allowed? Section 2(c): Is a motion for a bill of particulars allowed? Section 2(d): Is a motion for new trial, reconsideration, or reopening of proceedings allowed? Section 2(e): Is a petition for relief from judgment allowed? Section 2(f): Is a motion for extension of time to file pleadings, affidavits, or other papers allowed? Section 2(h): Is a petition for certiorari, mandamus, or prohibition against an interlocutory order allowed? Section 2(i): Is a motion to declare the defendant in default allowed? Section 2(j): When may a motion for postponement be allowed? Section 2(k): Is a rejoinder allowed? Section 2(l): Are third-party complaints allowed? Section 2(m): Are motions for and complaints in intervention allowed? Section 2(n): When may a motion to admit late judicial affidavits, position papers, or other evidence be allowed? Section 2(o): Is a motion for judicial determination of probable cause allowed in criminal cases? Section 3: When may the court set a case for videoconference hearing? Section 4: When is service made pursuant to the Hague Convention valid? Section 4: When does the period to answer commence after service under the Hague Convention?

    Expedited Rules: Rules on Summary Procedure - General Common Provisions - Rule 2

  5. Aug 13

    Expedited Rules: Summary Procedure - Criminal Cases - Rule 1(B) - Sec. 1 - 2

    Active Recall Questions: Section 1: What criminal cases are governed by the Rule on Summary Procedure? Section 1(1): Are violations of traffic laws, rules, and regulations covered by the Rule on Summary Procedure? Section 1(2): Are violations of the rental law covered by the Rule on Summary Procedure? Section 1(3): Are violations of municipal or city ordinances covered by the Rule on Summary Procedure? Section 1(4): Are violations of Batas Pambansa Blg. 22 covered by the Rule on Summary Procedure? Section 1(5): What is the maximum imprisonment or fine for criminal cases to fall under the Rule on Summary Procedure? Section 1(5): What is the special maximum fine for offenses involving damage to property through criminal negligence under Article 365 of the Revised Penal Code? Section 1: If the prescribed penalty consists of imprisonment and/or a fine, which penalty determines the applicable procedure? Section 1: What procedure governs criminal cases not covered by the Rule on Summary Procedure? Section 2: To what civil cases do the Rules on Expedited Procedures not apply? Section 2: To what criminal cases do the Rules on Expedited Procedures not apply?

    Expedited Rules: Summary Procedure - Criminal Cases - Rule 1(B) - Sec. 1 - 2

  6. Aug 13

    Expedited Rules: Summary Procedure - Civil Cases - Rule 1 - Sec. 1-2

    Active Recall Questions Section 1: What civil cases are covered by the Summary Procedure? Section 1(a): Are forcible entry and unlawful detainer cases covered regardless of the amount of damages or unpaid rentals sought? Section 1(a): What is the maximum amount of attorney’s fees that may be awarded in forcible entry and unlawful detainer cases? Section 1(b): What is the maximum amount of the plaintiff’s claim for civil actions to fall under the Summary Procedure? Section 1(b): What types of civil actions are excluded from this coverage? Section 1(c): What is the maximum claim for complaints for damages to fall under the Summary Procedure? Section 1(d): What is the maximum money claim for enforcement of barangay amicable settlement agreements and arbitration awards under the Summary Procedure? Section 1(d): What condition must be met before such barangay settlements or arbitration awards may be enforced under the Rule? Section 1(e): What cases solely for the revival of judgment are covered by the Summary Procedure? Section 1(f): When is the civil aspect of a violation of B.P. Blg. 22 covered by the Summary Procedure? Section 1(f): What happens if a criminal action is later instituted for the same B.P. Blg. 22 violation? Section 2: What is the maximum amount for a case to qualify as a Small Claims Case? Section 2: What is a “small claim”? Section 2: What types of claims or reliefs are excluded from small claims? Section 2(a): What types of contracts may give rise to a small claim for money owed? Section 2(a)(4): What type of contract of sale may be the basis of a small claim? Section 2(b): What is the maximum money claim for enforcement of barangay amicable settlement agreements and arbitration awards under Small Claims? Section 2(b): What condition must be met before such barangay settlements or arbitration awards may be enforced under Small Claims?

    Expedited Rules: Summary Procedure - Civil Cases - Rule 1 - Sec. 1-2

  7. Aug 11

    Civil Procedure - Rule 7 - Parts and Contents of a Pleading

    Active Recall Questions: Section 1: What are the three things set forth in the caption of a pleading? Section 1: What does the title of the action indicate? Section 1: How shall the names of the parties be stated in the original complaint or petition? Section 1: In subsequent pleadings, what is sufficient when there are multiple parties? Section 1: What must be indicated regarding the respective participation of the parties in the case? Section 2: What matters does the body of a pleading set forth? Section 2(a): How should the allegations in the body of a pleading be divided? Section 2(a): What should each numbered paragraph contain? Section 2(a): How may a paragraph be referred to in succeeding pleadings? Section 2(b): What heading should precede the statement of the first cause of action?The second cause of action? Section 2(b): What should be stated when an answer addresses several causes of action? Section 2(c): What must a pleading specify regarding the relief sought? Section 2(c): May a pleading include a general prayer for further or other relief? Section 2(c): What kind of further or other relief may be included in the general prayer? Section 2(d): What is the requirement regarding the date of every pleading? Section 3(a): Who must sign every pleading and other written submission to the court? Section 3(b): What does the signature of counsel constitute? Section 3(b)(1): What must counsel certify regarding the purpose for which the pleading or document is presented? Section 3(b)(2): What must counsel certify regarding the claims, defenses, and other legal contentions? Section 3(c): What are the possible sanctions for violating the certification requirements? Section 3(c): When may a law firm be held jointly and severally liable for a violation? Section 3(c): May the lawyer or law firm pass the monetary penalty on to the client? Section 4: As a general rule, are pleadings required to be under oath or verified? Section 4: When is verification of a pleading required? Section 4: What must be attached when the affiant is authorized to act on behalf of a party? Section 4(b): What must the affiant attest regarding the purpose of filing the pleading? Section 4: What does the signature of the affiant certify? Section 4: How is a pleading treated if a required verification is based on “information and belief”? Section 4: How is a pleading treated if it lacks a proper verification? Section 5: Who must execute the certification against forum shopping? Section 5: In what pleading must the certification against forum shopping be made? Section 5(a): What must the plaintiff or principal party certify regarding previously commenced actions or claims involving the same issues? Section 5(b): What must the plaintiff or principal party state if there is another pending action or claim? Section 5(c): What must the plaintiff or principal party do if he or she later learns that the same or similar action or claim has been filed or is pending? Section 5(c): Within how many calendar days must the party report the later-filed or pending action or claim? Section 5: What is the consequence of failure to comply with the requirements of the certification against forum shopping? Section 5: Can failure to comply with the certification requirements be cured by mere amendment of the complaint or other initiatory pleading? Section 5: What does the submission of a false certification constitute? Section 5: What is the consequence of willful and deliberate forum shopping? Section 6: What must every pleading stating a party’s claims or defenses contain in addition to the requirements of Section 2, Rule 7? Section 6(a): What must be stated regarding the witnesses who will be presented and their intended testimonies? Section 6(b): What is the effect of the judicial affidavits attached to the pleading? Section 6(b): When may the court admit additional witnesses? Section 6(c): What evidence must be stated in the pleading aside from the witnesses?

    Civil Procedure - Rule 7 - Parts and Contents of a Pleading

  8. Aug 9

    Rule 6 - Kinds of Pleadings

    Active Recall Questions: Section 1: What are pleadings? Section 2: What pleadings may be used to assert the claims of a party? Section 2: What pleading is used to assert the defenses of a party? Section 2: When may a defending party's answer be responded to by a reply? Section 3: What is a complaint? Section 3: What information regarding the parties must be stated in a complaint? Section 4: What is an answer? Section 5: What are the two kinds of defenses? Section 5(a): What is a negative defense? Section 5(b): What is an affirmative defense? Section 5(b): What is the effect of an affirmative defense? Section 5(b): What are examples of affirmative defenses? Section 5(b): What grounds for dismissal may be raised as affirmative defenses? Section 6: What is a counterclaim? Section 7: What is a compulsory counterclaim? Section 7: What are the requisites of a compulsory counterclaim? Section 7: What is the effect of failing to raise a compulsory counterclaim in the same action? Section 7: What is the rule regarding jurisdiction over the amount and nature of a compulsory counterclaim? Section 8: What is a cross-claim? Section 8: Against whom is a cross-claim asserted? Section 8: From what must a cross-claim arise? Section 9: Against whom may a counterclaim be asserted? Section 9: Against whom may a cross-claim be filed? Section 10: What happens to new matters alleged in the answer if no reply is filed? Section 10: When may a plaintiff file a reply? Section 10: What is the function of a reply? Section 10: When may a defendant file a rejoinder? Section 11: What is a third-party complaint? Section 11: Who may file a third-party complaint? Section 11: Against whom is a third-party complaint filed? Section 11: What are the purposes of a third-party complaint? Section 11: Is leave of court required to file a third-party complaint? Section 11: When should the court require the defendant to institute a separate action instead of allowing a third-party complaint? Section 12: When may new parties be brought into an action? Section 12: What condition must be met before new parties may be brought in? Section 13: What may a third-party defendant allege in the answer? Section 13: May a third-party defendant assert defenses that the third-party plaintiff could have raised against the original plaintiff's claim? Section 13: May a third-party defendant assert a counterclaim against the original plaintiff?

    Rule 6 - Kinds of Pleadings
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Human-read audio recordings of codal provisions for mastery.

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  • Creator
    krishamarie
  • Years Active
    2026
  • Episodes
    26
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    Clean
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    © krishamarie
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    Codal Buddy