Cover of Rules of Court, Volume II: Special Civil Actions and Special ProceedingsRULES OF COURT · VOLUME IISPECIAL CIVILACTIONS ANDPROCEEDINGSFor Law Students and Bar CandidatesIIMARK JOSEPH MORALES · CPA · MBA · JD

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Rules of Court, Volume II: Special Civil Actions and Special Proceedings

For Law Students and Bar Candidates — Doctrine, Procedure and Practice

The actions and proceedings that do not follow the ordinary rules — interpleader through contempt, and settlement of estate through the correction of civil registry entries.

Facts about the book

7

parts

44

chapters

Who it is for

Law students

Doctrine set out in the order it is taught, with the leading cases in place.

Bar candidates

Worked problems and a method for answering a question under time.

Practitioners

The remedies and the timetables, as they actually run.

Inside the book

Seven parts, forty-four chapters. Two bodies of procedure share this volume because they share a habit: neither follows the ordinary rules, and both are lost marks for anyone who assumes they do.

The first part is classification, and it is not a formality. Whether a case is an ordinary civil action, a special civil action, or a special proceeding decides the court, the parties, the pleadings and the appeal — so the volume settles that question before anything else.

Part two takes the special civil actions that seek a ruling: interpleader, declaratory relief, and then certiorari, prohibition, mandamus and quo warranto. Part three takes those that affect property and possession — expropriation and just compensation, judicial foreclosure with the equity and the right of redemption, partition, forcible entry and unlawful detainer set carefully against each other, and contempt in both its direct and indirect forms.

Part four is six chapters of nothing but distinctions, because this is where cases and examinations are lost. Certiorari against appeal. Certiorari against prohibition. Certiorari against mandamus. Mandamus against injunction. Annulment of judgment beside the rest. And the constitutional writs — amparo and habeas data — placed where they actually belong in the scheme of remedies.

Parts five and six are the special proceedings. The settlement of estate across seven chapters — venue and jurisdiction, probate, letters testamentary and of administration, the powers and duties of the administrator, claims against the estate, and distribution and partition. Then guardianship, adoption under the administrative regime of R.A. 11642 with its transitional rules, habeas corpus in both its liberty and its custody dimensions, the cancellation and correction of registry entries under Rule 108, and the remaining proceedings — change of name, absentees, and appeals in special proceedings.

The seventh part turns it into practice: separate roadmaps for a special civil action and for a special proceeding, a framework for choosing the proper extraordinary remedy, the traps in each half of the volume, comprehensive problems, and a quick reference of the matrices.

Every chapter is built the same way, in sixteen sections: the governing rule, the same rule in plain language, why it matters, the elements as a checklist, the procedure step by step, the exceptions, a Distinguish box for the concepts commonly confused, the controlling doctrines, a short example, a practice point, the Bar angle, the mistakes students actually make, a one-page Quick Recall, then a law-school problem, a Bar-style problem, and a model answer.

Contents

  • I

    Classification

    Why it matters whether a case is an ordinary action, a special civil action, or a special proceeding.

    Chapters 1–3
  • II

    Interpleader, Declaratory Relief and the Extraordinary Writs

    Certiorari, prohibition, mandamus and quo warranto.

    Chapters 4–9
  • III

    Actions Affecting Property and Possession

    Expropriation, foreclosure, partition, ejectment, and contempt.

    Chapters 10–15
  • IV

    Choosing Among the Extraordinary Remedies

    Six chapters distinguishing remedies that are constantly confused.

    Chapters 16–21
  • V

    Settlement of Estate

    Probate, letters, administration, claims against the estate, and distribution.

    Chapters 22–28
  • VI

    Guardianship, Adoption, Habeas Corpus and the Registry

    Including adoption under R.A. 11642 and Rule 108.

    Chapters 29–34
  • VII

    Practice and Bar Integration

    Roadmaps, remedy selection, the traps, and comprehensive problems.

    Chapters 35–44

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