Analysis on the Amendment to CivPro.docx - 1 |S A N T I A G...

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1 |S A N T I A G O , S a r a A n d r e a N i n a P. | 2 0 1 7 - 0 0 6 4 | C i v i l P r o c e d u r eA CRITICAL ANALYSIS ON THE 2019 AMENDMENTS TO THE 1997RULES OF CIVIL PROCEDUREPROVISIONAL REMEDIESProvisional remedies may be availed of depending on the nature of the action.Under the Rules on Provisional Remedies:1.Preliminary Attachment2.Preliminary Injunction3.Receivership4.Replevin5.Support Pendente LiteWhen a person files an action for forcible entry against another, he can ask the courtto issue a Writ of Preliminary Mandatory Injunction to restore the possession of the landin question during the pendency of the case. On the other hand, if the action is to collecta sum of money, the plaintiff is allowed by the court to issue a Writ of PreliminaryAttachment against the defendant’s property.This can be done even in the commencement of the action when there is showingthat the defendant is to leave the Philippines with the intention to defraud the plaintiff-creditor. Attachment of the defendant’s property is provided by the rules to help theplaintiff secure the future execution of the judgment. It aims to avoid the unfortunatescenario of a party winning the case but taking home an empty bag, for no property canbe found by the sheriff to satisfy the judgment. In an action for support, the grant ofsupport depends from the results of the case after a full-blown litigation.Nevertheless, the person seeking support against the defendant has the chance toask the court to order the latter to give support to the former while the litigation is stillpending. This is called Support Pendente Lite. Similar to this situation is an action forDamages which erroneously cut off its water services to the plaintiff’s residence. Whilethe case is pending, the plaintiff may petition to the court for a Writ of PreliminaryMandatory Injunction to reinstate the water supply in the plaintiff’s residence in themeantime.2019 AMENDMENTS TO THE 1997 RULES OF CIVIL PROCEDUREAmendments will have a tremendous impact and will change the landscape ofcivil litigation in the Philippines. The objective of the amendment is perfect and timelyand such amendment will cater to the speedy disposition of civil cases. The SupremeCourt must have taken inspiration from the result of the implementation of the guidelines
2 |S A N T I A G O , S a r a A n d r e a N i n a P. | 2 0 1 7 - 0 0 6 4 | C i v i l P r o c e d u r efor continuous trial in criminal cases. The resolutions of criminal cases were actuallydisposed in a very expeditious manner.Actionable Documents. Under the old rule, when you attach a document which isthe basis of your defense which is the basis of the defendants, there is an uncertaintyon whether the plaintiff would file a reply. There are two schools of thought: first, thefiling of a reply is not anymore necessary because according to Section 10, Rule 6 ofthe Old Rule, all matters ascertained in the answer are deemed controverted or denied

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Term
Spring
Professor
N/A
Tags
Pleading, Federal Rules of Civil Procedure

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