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The document outlines various aspects of remedial and criminal law, including appeals, bail, jurisdiction, and specific legal remedies. It covers topics such as murder, justifying circumstances, and defenses in criminal cases, as well as procedural rules in civil cases. Additionally, it discusses significant laws and cases relevant to these legal principles.

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3 views

Tips

The document outlines various aspects of remedial and criminal law, including appeals, bail, jurisdiction, and specific legal remedies. It covers topics such as murder, justifying circumstances, and defenses in criminal cases, as well as procedural rules in civil cases. Additionally, it discusses significant laws and cases relevant to these legal principles.

Uploaded by

jarednalupta
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Remedial law –

o appeal as a matter of right and petition for review on certiorari as available remedies in cases
involving life imprisonment or reclusion perpetua,
o prohibited pleadings in ejectment cases,
o when is bail available as a matter of right/, when is it a matter of discretion?
o Inordinate delay,
o double jeopardy,
o evidence which need not be proved,
o exceptions to hearsay rule,
o venue in personal and real actions,
o jurisdiction, when is venue jurisdictional,
o motion to quash,
o grounds for a motion to dismiss in civil cases,
o res inter alios acta,
o dying declarations,
o disputable presumptions,
o waiver of jurisdiction sibonghanoy,
o estoppel,
o effects of default,
o non filing of pre trial brief or failure to attend pre trial conference,
o periods for appeal and certiorari,
o when is certiorari available,
o filing of MR as condition precedent to the filing of certiorari,
o supersedeas bond,
o is bail required in cases before the first level court?
o Difference between failure to state a cause of action and lack of cause of action,
o remedies from the metc to rtc to ca to sc;
o appellate jurisdiction of SB over crim cases,
o writ of habeas corpus
o writ of amparo ,
o writ of habeas data and writ of kalikasan, when is mandamus available?
o Adoption,
o settlement of estate
o publication requirement and multiple appeals,
o notice of appeal or record on appeal?,
o change of name requisites and correction of entries, distinctions, can you combine or join a
civil case and a special proceeding?
Crim law :
o Murder and homicide,
o justifying circumstances,
o attempted and frustrated stages,
o territoriality,
o anti graft sec 3e,
o plunder,
o vawc,
o falsification of public docs
o forgery
o bigamy ( defenses)
o mitigating circumstances
o incomplete self defense,
o mistaken identity,
o adultery (defenses)
o rape of a mentally challenged woman ( statutory rape)
o lack of discernment,
o Read Pulido and Morales cases re bigamy.
o R. A. No. 11648 re statutory rape; the exception and the exception to the exception.
o Read also complex crimes;
o Special complex crimes,
o robbery with homicide,
o kidnapping for ransom with homicide;
o Art. 70 three-fold rule,
o service of sentence vs imposition of penalties;
o Art. 89;
o Bayotas vs People;
o pardon by the pres. vs pardon by the offended party as to when it should be granted;
o amnesty, how it becomes effective.

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