Suppose the defendant A is a non-resident, where should the action against him to be commenced? Answer: It may be commenced at the place where such defendant may be found. (Section 2, Rule 4 of Rules of Court). Note that the rule on venue where defendant may be found applies only to non-residents. (Cohen vs… Continue reading Defendant is Non-Resident
Category: Bar Exam Review
Study and review of bar examinations in all countries in the world. Law Review Note provides easy way for all students of law and even lawyers to understand the legal framework in every law in all nations.
Unpaid Debt: Venue to File Case
A, a resident of San Pedro, Laguna, borrowed money from B, a resident of Binan, Laguna. In case A fails to pay, where should B commence the action? Explain Answer: B may commence the action against A either in the proper courts of San Pedro, Laguna or Binan. This is so because the venue of… Continue reading Unpaid Debt: Venue to File Case
Rule on Venue of Actions in RTC and MTC
State the uniform rule on venue of actions in the Regional Trial Court (RTC Philippines) and the Municipal Trial Court (MTC Philippines). Answer: All other actions may be commenced and tried where the plaintiff or any of the principal plaintiffs resides, or where the defendant or any of the principal defendants resides, or in the… Continue reading Rule on Venue of Actions in RTC and MTC
Legal Dictionary: Real Party-in-Interest
What is real party-in-interest? Answer: A real party-in-interest is the party who would be benefited or injured by the judgment or the party entitled to the avails of the suit. (Salonga vs Warner Barnes and Co., Ltd., 88 Phil. 125; UP Board of Regents vs Ligot-Telan, 45 SCAD 429, G.R. No. 110280, October 21, 1993).… Continue reading Legal Dictionary: Real Party-in-Interest
Legal Definition of Defendant
What does the term defendant refer to? Answer: The term defendant may refer to the original defending party, the defendant in a counter-claim, the cross-defendant or the third (fourth, etc.) party defendant. (Section 1, Rule 3 of Rules of Court Philippines)
Meaning of Legal Term Plaintiff
What does the term plaintiff refer to? The term plaintiff may refer to the claiming party, the counter-claimant, the cross-claimant or the third (fourth, etc.) party plaintiff. (Section 1, Rule 3 of Rules of Court Philippines)
Period to Resolve Motion for New Trial
Within what period shall the Court of Appeals resolve the motion for new for new trial? Answer: It shall resolve a motion for new trial within 90 days from the date when the court declares it submitted for resolution. (Section 3, Rule 53, Rules of Court)
Newly Discovered Evidence in New Trial
Does it mean that when a motion for new trial on the ground of newly discovered evidence is filed, the Court of Appeals will conduct a trial like what is being done in the trial courts? Answer: Yes. In fact, the Rules of Court provide that the procedure in the new trial shall be the… Continue reading Newly Discovered Evidence in New Trial
Court of Appeals’ Action When New Trial is Filed
What actions may the Court of Appeals do when a motion for new trial is filed? The Court of Appeals shall consider the new evidence together with that adduced at the trial below, and may grant or refuse a new trial, or may make such order, with notice to both parties, as to the taking… Continue reading Court of Appeals’ Action When New Trial is Filed
New Trial for Newly Discovered Evidence
Under what conditions may a motion for new trial on the ground of newly discovered evidence be filed and sustained? Answer: The newly discovered evidence 1) Must not have been discovered prior to the trial in the lower court by the exercise of due diligence; 2) Must be of such character as would probably change… Continue reading New Trial for Newly Discovered Evidence
Ground a Party May File a Motion for New Trial
On what ground may a party file a motion for new trial? Answer: It may be on the ground of newly discovered evidence which could not have been discovered prior to the trial in the lower court by the exercise of due diligence and which is of such character as would probably change the result.… Continue reading Ground a Party May File a Motion for New Trial
Time a Party May File a Motion For New Trial
Within what time may a party file a motion for new trial? A party may file a motion for new trial at any time after the appeal from the lower court has been perfected and before the Court of Appeals loses jurisdiction over the case. (Rule 53, Rules of Court, Section 1)