Civil Procedure

Intro to Law | Atty. Hannah Barrantes | Compiled by Lourdes ☆彡 ☆

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Rule Making Power of the Supreme Court

1987 CONSTITUTION

SECTION 5. The Supreme Court shall have the following powers:

• Promulgate rules concerning the protection and enforcement of

constitutional rights, pleading, practice, and procedure in all
courts;
• The admission to the practice of law, the Integrated Bar;
• Legal assistance to the underprivileged.

Such rules shall provide a simplified and inexpensive procedure for the
speedy disposition of cases, shall be uniform for all courts of the same
grade, and shall not diminish, increase, or modify substantive rights. Rules
of procedure of special courts and quasi-judicial bodies shall remain.
(Article VIII, 1987 Constitution)

The rule making power of [the Supreme Court] was expanded [in the 1987
Constitution]. This Court for the first time was given:

The power to promulgate rules concerning the protection and

enforcement of constitutional rights.

To disapprove rules of procedure of special courts and quasi-judicial

bodies.

But most importantly, the 1987 Constitution took away the power of
Congress to repeal, alter, or supplement rules concerning pleading,
practice, and procedure.

The Supreme Court may promulgate procedural rules in all courts. It has
the sole prerogative;

1. to amend,
2. repeal,
3. or even establish new rules

for a more simplified and inexpensive process, and the speedy disposition
of cases.

LIMITATIONS

Section 13, Article VIII, of the Constitution prescribes that "the Supreme
Court shall have power to promulgate rules concerning pleading, practice
and procedure in all courts, but said rules shall not diminish, increase or
modify substantive rights."

The constitution added the last part of the above-quoted constitutional

precept in order to emphasize that the Supreme Court is not empowered,
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Intro to Law | Atty. Hannah Barrantes | Compiled by Lourdes ☆彡 ☆
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and therefore cannot enact or promulgate substantive laws or rules, for

it is obvious that rules which diminish, increase or modify substantive
rights, are substantive and not adjective laws or rules concerning
pleading, practice and procedure.

As provided previously, the limitations are:

1. The rules shall provide a simplified and inexpensive procedure for

the speedy disposition of cases;
2. The rules shall be uniform for all courts of the same grade, and;
3. The rules shall not diminish, increase, or modify substantive
rights.

Note:

• If the rule takes away a vested right, it is NOT procedural. If the rule
creates a right such as the right to appeal, it may be classified as a
substantive matter; but if it operates as a means of implementing an
existing right then the rule deals merely with procedure.

Jurisdiction Vs Venue
DISTINGUISHED

VENUE JURISDICTION
Venue simply refers to the physical Jurisdiction is abstract and refers
or geographical location where to the power or authority of a court
court proceedings will be held. to hear and decide a case.
The place of trial or geographical The power to hear and determine
location in which an action or cases of the general class to which
proceeding should be brought." In the proceedings in question
civil cases, venue is a matter of belong." Jurisdiction is a matter of
procedural law. A party's substantive law. Thus, an action
objections to venue must be may be filed only with the court or
brought at the earliest tribunal where the Constitution or
opportunity either in a motion to a statute says it can be brought.
dismiss or in the answer; Objections to jurisdiction cannot
otherwise the objection shall be be waived and may be brought at
deemed waived. When the venue any stage of the proceedings, even
of a civil action is improperly laid, on appeal. When a case is filed
the court cannot motu proprio with a court which has no
dismiss the case. jurisdiction over the action, the
court shall motu proprio dismiss
the case.
Venue is a matter of procedural Jurisdiction is a matter of
law. substantive law.

KINDS OF JURISDICTION (AS PROVIDED BY THE SYLLABUS)

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Jurisdiction Over the Subject Matter – It is the power to hear,

determine, and decide the case based on its nature as determined by
laws.

Jurisdiction Over the Person Accused – It is the power to hear,

determine, and decide the case when the person is brought to court
either by virtue of arrest or by his voluntary submission.

Jurisdiction Over the Issue – It is the power to try and of the court to try
and decide the issues raised in the pleadings of the parties.

Jurisdiction Over the Territory – It is the power to hear, determine, and

decide the case when the act is committed or any of its essential
elements occurred within its territory.

Jurisdiction Over the Jurisdiction Over the Jurisdiction Over

Subject Matter Person Accused the Issues
As to definition
Power to hear and try Legal power of the court Power of the court
a particular case. to render personal to try and decide
judgement against a the legal issues
party to an action or involved in the case.
proceeding.
As to nature and creation
Matter of substantive Not a matter of substantive law.
law. Established by
the Constitution or by Covered by the Rules of Court.
law.
As to how acquired
Determined by the As to plaintiff – Acquired Determined by the
allegations of the by filing of the pleadings of the
complaint regardless complaint or other parties and
of whether or not the initiatory pleading. acquired upon filing
plaintiff is entitled to of the answer which
the claims asserted As to the defendant – joins the issues
therein and acquired Acquired either: By involved in the case.
upon the filing of the service of summons; or
complaint. by his voluntary
appearance in court.
As to Curability
Lack of jurisdiction Lack of jurisdiction over Lack of jurisdiction
over the matter the person of the over the issues may
cannot be cured by defendant may be cured be cured by waiver
waiver, consent, by waiver, consent, or or failure to object
silence, or failure to lack of objection. to the presentation
object. of evidence on a
matter not raised in
the pleadings.
Civil Procedure
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TERRITORIAL JURISDICTION

Territorial jurisdiction means that a criminal action should be filed in the

place where the crime was committed, except in those cases provided
for in Article 2 of the Revised Penal Code.

“Application of its provisions. - Except as provided in the treaties and laws

of preferential application, the provisions of this Code shall be enforced
not only within the Philippine Archipelago, including its atmosphere, its
interior waters and maritime zone, but also outside of its jurisdiction,
against those who:

1. Should commit an offense while on a Philippine ship or airship

2. Should forge or counterfeit any coin or currency note of the
Philippine Islands or obligations and securities issued by the
Government of the Philippine Islands;
3. Should be liable for acts connected with the introduction into
these islands of the obligations and securities mentioned in the
presiding number;
4. While being public officers or employees, should commit an
offense in the exercise of their functions; or
5. Should commit any of the crimes against national security and the
law of nations, defined in Title One of Book Two of this Code.”
(ARTICLE 2 OF THE REVISED PENAL CODE)

Venue of Actions
SECTION 1. VENUE OF REAL ACTIONS

Actions affecting the title to or possession of real property, or interest

therein, shall be commenced and tried in the proper court which has
jurisdiction over the area wherein the real property, involved, or a portion
thereof, is situated.

• Forcible entry and detainer actions shall be commenced and tried in

the municipal trial court of the municipality or city wherein the real
property involved, or a portion thereof, is situated.

SECTION 2. VENUE OF PERSONAL ACTIONS

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 case of a non-resident defendant
where he may be found, at the election of the plaintiff.

SECTION 3. VENUE OF ACTIONS AGAINST NONRESIDENTS

If any of the defendant does not reside and is not found in the Philippines,
and the action affects the personal status of the plaintiff, or any property
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of said defendant located in the Philippines, the action may be

commenced and tried in the court of where the plaintiff resides, or where
the property thereof is situated or found.

SECTION 4. WHEN RULE NOT APPLICABLE

This Rule shall not apply:

a. In those cases where a specific rule or law provides otherwise;

b. Where the parties have validly agreed in writing before the filing
of the action on the exclusive venue thereof.

PROCEDURE (ORDINARY CIVIL ACTION)

1. CAUSE OF ACTION
• The cause of action is what triggers the filing of the case, without
cause of action, there’s no reason for filing a case or a basis for filing a
complaint.
• The cause of action belongs to the plaintiff. He is one of the primary
actors in an ordinary civil action. He’s the owner of the right that was
violated by the defendant, the other primary actor in a civil case.
Because his right was violated, the plaintiff files a complaint.
2. COMPLAINT
• Initiatory pleading, it initiates or starts the case, in response, the
defendant files a pleading call and answer.
3. ANSWER
• The answer may admit certain matters in the complaint, it will also
contain the defenses of the defendant. In the answer, the defendant
may also raise certain claims against the plaintiff which we call a
counter claim. The defendant may also raise certain claims against a
co-defendant which we call a cross claim.
• After the parties file their complaint and answer respectively, the case
will now be set for pre-trial.
4. PRE-TRIAL
• Pre-trial has several purposes, perhaps the parties might agree on a
mutual settlement which can lead to the early resolution of the case,
if not, the parties will be required to lay their cards on the table by
agreeing on the issues to be tried and disclosing the evidence that
they intend to present during the trial.
5. TRIAL
• Once the pre-trial is over, trial will be held in which the plaintiff will be
required to present evidence first and then rest his case. Then the
defendant will present evidence and rest his case. After both parties
have completed their evidence presentation, the court will render a
judgement.
6. JUDGEMENT
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• The party who has not agreed to the judgment may file a motion for
reconsideration, for new trial, or appeal within 15 days from notice of
the judgement.
7. FINALITY AND EXECUTION
• The judgement will become final and executory after the lapse of 15
days if none of the aforementioned were filed. If the aforementioned
were filed, the parties will wait for this to be resolved.
• The judgement will then become final and executory and may now be
enforced. For example, if the plaintiff won the case and the judge
rendered a judgement finding the defendant liable for a sum of
money, this is the time to enforce judgement. However, there are still
two extraordinary remedies available to the losing party even if after
the judgement has become final and executory. These are the petition
for relief, and action to annul judgement.
8. PETITION FOR RELIEF; ACTION TO ANNUL JUDGMENT
• These can availed under very exceptional circumstances.

Judicial System in the Philippines

PRINCIPLE OF JUDICIAL HIERARCHY

Pursuant to this principle, a case must be filed first before the lowest
court possible having the appropriate jurisdiction, except if one can
advance a special reason which would allow the party a direct resort to a
higher court. (Miaque vs. Patag, 2009)

This is an ordained sequence of recourse to courts vested with

concurrent jurisdiction, beginning from the lowest, on to the highest,
and ultimately to the highest. This hierarchy is determinative of the
venue of appeals and is likewise determinative of the proper forum for
petitions for extraordinary writs. (Montes v. CA, 2006)

EXCEPTIONS:

1. When there are genuine issues of constitutionality that must be

addressed at the most immediate time;
2. When the issues involved are of transcendental importance;
3. Cases of first impression;
4. The constitutional issues raised are better decided by the Court;
5. Exigency in certain situations;
6. The filed petition reviews the act of a constitutional organ;
7. When the petitioners rightly claim that they had no other plain
speedy, and adequate remedy in the ordinary course of law that
could free them from the injurious effects of respondents’ acts in
violation of their right to freedom of expression;
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8. The petition includes questions that are dictated by public

welfare and the advancement of public policy, or demanded by
the broader interest of justice, or the orders complained of were
found to be patent nullities, or the appeal was considered as
clearly inappropriate remedy. (Gio-Samar v. DOTC, 2019)

JURISDICTION OF COURTS IN CIVIL CASES

SUPREME COURT
• Composed of a Chief Justice and 14 Associate Justices.
• It may sit en banc or in its discretion, in divisions of three, five, or
seven Members. Any vacancy shall be filled within 90 days from the
occurrence. (SEC. 4, ART VIII, PC)

COURT OF APPEALS

• Established under the Batas Pambansa Bilang 129, aka, “The

Judiciary Reorganization Act of 1980”.
• Composed of 1 Presiding Justice and 68 Associate Justices. All
appointed by the President.
• Operates in 23 divisions, each comprising of 3 members.

SANDIGANBAYAN

• Established under Presidential Decree No. 1606. Equivalent in rank

with the Court of Appeals.
• Special court tasked to handle criminal cases involving graft and
corruption and other offenses committed by public officers and
employees in connection with the performance of their function or
the so called service-connected duties.

REGIONAL TRIAL COURTS (Second Level Court formerly known as Court

of First Instance)
Civil Procedure
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• Generally, it has jurisdiction over criminal cases where the imposable

penalty is more than 6 years imprisonment.
• Its jurisdiction over criminal cases are said to be general, which
means that if the cases are not within the jurisdiction of any other
courts, the same are lodged with the RTC.

SHARI’A DISTRICT COURT

• Equivalent to the Regional Trial Courts in rank are the Shari'a District
Courts which were established in certain specified provinces in
Mindanao where the Code of Muslim Personal Laws of the Philippines
is being enforced.
• There are five Shari'a District Courts and fifty one Shari'a Circuit Courts
in existence.
• A Shari'a District Court is of limited jurisdiction. It was created under
Presidential Decree No. 1083. Cases falling within the exclusive
jurisdiction of the Shari'a District Courts primarily pertain to family
rights and duties as well as contractual relations of Filipino Muslims in
the Mindanao.
• The Shari'a District Court has appellate jurisdiction over all cases tried
in the Shari'a Circuit Courts within their territorial jurisdiction.
• It shall decide every case on the basis of the evidence and the records
transmitted as well as such memoranda, briefs or oral arguments as
the parties may submit.
• The decisions of the Shari'a District Courts, whether on appeal from
the Shari'a Circuit Courts or not, shall be final. The Supreme Court shall,
however, continue to exercise original and appellate jurisdiction over
certain issues as provided by the Constitution.

MUNICIPAL TRIAL COURT (First Leven Court formerly known as Inferior

Court)

• There is a Metropolitan Trial Court in each metropolitan area

established by law, a Municipal Trial Court in each of the other cities
or municipalities, and a Municipal Circuit trial Court in each circuit
comprising such cities and/or municipalities grouped together
pursuant to law.
• Generally, it has jurisdiction over criminal cases where the imposable
penalty is 6 years imprisonment or below.

Remedies
Civil Procedure
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RUNDOWN OF THE PROVISIONAL REMEDIES UNDER THE RULES

1. Preliminary Attachment (Rule 57)

Definition: A provisional remedy issued upon the order of the court

where an action is pending to be levied upon the property or properties
of the adverse party therein, the same to be held thereafter by the sheriff
as security for the satisfaction of whatever judgement might be secured
in said action by the attaching against the adverse party.

Grounds:

a. In an action for the recovery of a specified amount of damages,

other than moral and exemplary, on cause of action arising from
law, contract, quasi-contract, delict, or quasi-delict against a party
who is about to depart from the Philippines with intent to
defraud his creditors;
b. In an action for money or property embezzled or fraudulently
misapplied or converted to his own use by a public officer of a
corporation, or an attorney, factor, broker, agent or clerk, in the
course of his employment as such, or by any other person in a
fiduciary capacity or for a willful violation of duty;
c. In an action to recover the possession of property unjustly or
fraudulently taken, detained or converted, when the property or
any part thereof, has been concealed, removed or disposed of to
prevent its being found or taken by the applicant or an
authorized person;
d. In an action against a party who has been guilty of fraud in
contracting the debt or incurring the obligation upon which the
action is brought, or in the performance thereof;
e. In an action against a party who has removed or disposed of his
property, or is about to do so, with intent to defraud his creditors;
f. In an action against a party who does not reside and is not found
in the Philippines, or on whom summons may be served by
publication.

Purpose: As security for the satisfaction of any judgement that may be

recovered by the claimant.

Court Which can Grant:

• Supreme Court
• Court of Appeals
• Regional Trial Court
• Family Court
• Metropolitan
• Municipal Trial Courts
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2. Preliminary Injunction (Rule 58)

Definition: An order granted at any stage of an action or proceeding prior

to the judgement or final order requiring a party or a court, agency or a
person to refrain from a particular act or acts. It may also require the
performance of a particular act or acts, in which case it shall be known as
a preliminary mandatory injunction.

Grounds:

a. That the applicant is entitled to the relief demanded, and the

whole or part of such relief consists in restraining the commission
or continuance of the act or acts complained of, or in requiring
the performance of an act or acts, either for a limited period or
perpetually;
b. That the commission, continuance or non-performance of the act
or acts complained of during the litigation would probably work
injustice to the applicant;
c. That a party, court, agency or a person is doing, threatening, or is
attempting to do, or is procuring or suffering to be done, some
act or acts probably in violation of the rights of the applicant
respecting the subject of the action or proceeding, and tending
to render the judgement ineffectual.

Purpose: To preserve the status quo or to resolve the last uncontested

status quo.

Court Which can Grant:

• Supreme Court
• Court of Appeals
• Regional Trial Court
• Family Court
• Metropolitan
• Municipal Trial Courts

3. Temporary Restraining Order (TRO)

Definition: An order which may issue upon the filing of an application for
preliminary a injunction forbidding the defendant to do the threatened
act until a hearing on the application can be had.

Grounds:

a. Matter is of extreme urgency;

b. The applicant will suffer grave injustice and irreparable injury
before the matter can be heard on notice
4. Receivership
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Definition: Provisional remedy by which the court appoints a receiver as

its representative and in behalf of all the parties to an action for the
purpose of preserving and conserving the property in litigation and to
prevent possible wastage or dissipation or otherwise carry the
judgement into effect.

Grounds:

a. When it appears from the verified application, and such other

proof as the court may require, that the party applying for the
appointment of a receiver has an interest in the property or fund
which is the subject of the action or proceeding, and that such
property or fund is in danger of being lost, removed, or materially
injured unless a receiver be appointed to administer and preserve
it;
b. When it appears in an action by the mortgagee for the
foreclosure of a mortgage that the property is in danger of being
wasted or dissipated or materially injured, and that its value is
probably insufficient to discharge the mortgage debt, or that the
parties have stipulated in the contract of mortgage;
c. After judgement, to preserve the property during the pendency
of an appeal, or to dispose of it according to the judgement, or to
aid execution has been returned unsatisfied or the judgement
obligor refuses to apply his property in satisfaction of the
judgement, or otherwise to carry the judgement into effect;
d. Whenever in other cases, it appears that the appointment of a
receiver is the most convenient and feasible means of preserving,
administering or disposing of the property in litigation. During
the pendency of an appeal, the appellate court may allow an
application for the appointment of a receiver to be filed in and
decided by the court of origin and the receiver appointed to be
subject to the control of said court.

Purpose: To preserve the property during the pendency of the litigation

or to dispose of it according to the judgement when it is finally rendered
or otherwise to carry the judgement into effect.

Court Which can Grant:

• Supreme Court
• Court of Appeals
• Regional Trial Court
• Family Court
• Metropolitan and Municipal Trial Courts

5. Replevin
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Definition: Court orders the seizure of chattels or goods claimed by a

party as his which are allegedly wrongfully taken or detained by another
person and to be delivered to the former to be retained by him during
the pendency of the action.

Grounds:

a. Applicant is the owner of the property claimed, particularly

describing it, or is entitled to the possession thereof;
b. The property is wrongfully detained by the adverse party, alleging
the cause of detention thereof according to the best of his
knowledge, information, and belief;
c. The property has not been distrained or taken of a tax assessment
or a fine pursuant to law, or seized under a writ of execution or
preliminary attachment, or otherwise placed under custodia
legis, or if so seized, that is exempt from such seizure or custody;
d. The actual market value of the property.

Purpose: To prevent the subject property from being disposed of during

the pendency of the case.

Court Which can Grant:

• Regional Trial Court

• Family Court
• Metropolitan and Municipal Trial Courts

6. Support Pendente Lite

Definition: Order issued by a court in which an action for support has

been filed fixing an amount of support to be given by the adverse party
to the applicant during the pendency of the case.

Grounds: When equity and justice may require having due regard to the
probable outcome of the case and such other circumstances as may
suggest the reasonability of granting support pendente lite.

Purpose: To answer the material needs of the applicant during the

pendency of the case.

Court Which can Grant:

• Family Court

RUNDOWN OF THE SPECIAL PROCEEDINGS UNDER THE RULES

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The 1997 Rules of Civil Procedures define a special proceeding as “a

remedy by which a party seeks to establish a status, a right, or a particular
fact.” It is distinct from an ordinary legal “action” where one party files a
suit against another party to seek redress for a wrong or an injury, or to
protect his (the suing party’s) rights.

For example, if you’re renting out a property and the tenant refuses to pay
rent or to lawfully vacate the property, you may file a civil “action” that
would compel the tenant to pay the amount he owes or to leave the
property.

On the other hand, if someone disappears without any trace for a

significant period of time, an interested party may petition for a
“declaration of absence” to fulfill certain legal requirements. This petition
would fall under “special proceedings.”

A special proceeding is initiated by a petition, application, or a special

pleading.

The Rules of Civil Procedures list down the cases where rules of special
proceedings are provided. These are:

• Settlement of estate of deceased persons;

- In the Philippines, any will, whether notarial or holographic,
needs to go through probate before it can be effected.
Probate is a process that establishes the validity of a will.
- A will may be contested for various reasons, including the
omission of compulsory heirs, proof that the testator was not
of sound mind at the time of the will’s execution, or errors in
the will.
- In cases where the deceased left no will and no debts, the
heirs may execute an extrajudicial settlement where they
agree on the division of the estate without help from the
courts or in case of sole heir, an affidavit of self-adjudication.
• Escheat
- Escheat, under sections 750 and 751 of the Code of Civil
Procedure, is a proceeding whereby the real and personal
property of a deceased person become the property of the
State upon his death without leaving any will or legal heirs.
• Guardianship and custody of children; Adoption
- Petitions for adoption, guardianship and custody of a minor
involve more or less the same parameters. Petitioners have to
meet certain conditions, including their qualification, the area
of jurisdiction and consent of adoption by the child and the
child’s parents or legal guardians.
- Adoption rules in the Philippines are embodied in the
following:
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o Republic Act 8552 or the Domestic Adoption Act of 1998 –

applies to adoption of a Filipino child by Filipino citizens
o Republic Act 8043 or the Inter-Country Adoption Act of
1995 – applies to adoption of a Filipino child by foreign
nationals
• Trustees
- A trustee necessary to carry into effect the provisions of a will
on written instrument shall be appointed by the Court of First
Instance in which the will was allowed, if it be a will allowed in
the Philippines, otherwise by the Court of First Instance of the
province in which the property, or some portion thereof,
affected by the trust is situated.
• Rescission and revocation of adoption
- Cancellation or annulment of an adoption decree
- The petition shall be verified and filed by the adoptee who is
over eighteen (18) years of age, or with the assistance of
the Department, if he is a minor, or if he is over eighteen (18)
years of age but is incapacitated, by his guardian or counsel.
• Habeas corpus;
- Habeas corpus is a petition seeking the court to release or
present to the court a person believed to be illegally detained
or confined, whether by government entities or civilians. It
may also be applied in family law cases where a parent refuses
to give the other parent access to their child.
- The writ of habeas corpus compels the detaining person or
entity to produce the body of the person detained, and to
explain the cause and nature of the detention.
- If the court finds the detention to be illegal or unauthorized, it
may issue the privilege of the writ of habeas corpus, which
orders the immediate release of the detained person.
• Change of name; Cancellation of correction of entries in the civil
registry
- Under Republic Act No. 9048, which was later amended to
Republic Act 10172, also known as the Correct a Clerical or
Typographical Error in an Entry and/or Change of First Name
or Nickname on Civil Register (birth, marriage and other
certificates) allows correction by the concerned city or
municipal civil registrar without a judicial order. This corrects
misspelled name or misspelled place of birth, mistake in the
entry of day and month in the date of birth or the sex of the
person or the like, which is visible to the eyes or obvious to the
understanding.

• Voluntary dissolution of corporations

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- A corporation may cease its operations and existence for

various reasons. Involuntary dissolution could come from an
order by the Securities and Exchange Commission (SEC) for
non-compliance to certain rules. Voluntary dissolution, on the
other hand, may be the result of such factors as financial
losses or the transition of the company to another business
type.
• Judicial approval of voluntary recognition of minor natural
children;
• Constitution of family home;
• Declaration of absence and death;
• Hospitalization of insane persons

SOURCES:

https://www.projectjurisprudence.com/2021/09/supreme-courts-rule-
making-power.html

https://www.projectjurisprudence.com/2018/09/what-are-limitations-on-
supreme-court-rule-making-power.html

https://www.youtube.com/watch?v=ATYZzXnS0vc

https://www.youtube.com/watch?v=m3yryKClA2o

https://www.projectjurisprudence.com/2019/07/summary-of-basics-re-
provisional-remedies.html

https://chanrobles.com/cralaw/1938februarydecisions.php?id=7

NOTE FOR ME: EVIDENCE AND CIVPRO ARE PRINTED ON OTHER

PAPERS