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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
- IChapters 1–3
Classification
Why it matters whether a case is an ordinary action, a special civil action, or a special proceeding.
- IIChapters 4–9
Interpleader, Declaratory Relief and the Extraordinary Writs
Certiorari, prohibition, mandamus and quo warranto.
- IIIChapters 10–15
Actions Affecting Property and Possession
Expropriation, foreclosure, partition, ejectment, and contempt.
- IVChapters 16–21
Choosing Among the Extraordinary Remedies
Six chapters distinguishing remedies that are constantly confused.
- VChapters 22–28
Settlement of Estate
Probate, letters, administration, claims against the estate, and distribution.
- VIChapters 29–34
Guardianship, Adoption, Habeas Corpus and the Registry
Including adoption under R.A. 11642 and Rule 108.
- VIIChapters 35–44
Practice and Bar Integration
Roadmaps, remedy selection, the traps, and comprehensive problems.
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