CivPro cases part 5.docx - Question No 01 Make an essay...

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Question No. 01: Make an essay stating whether or not the rules on the timelines applicable to deposition taking have been rendered nugatory by the amendments to the rules. The 2019 Amended Rules on Civil Procedure provides for a substantial change on the rules on the timelines applicable to deposition-taking. It expressly enunciated the term “calendar days”, the legal definition of which, “each day, not including the day of the act, event, or default from which a designated period of time begins to run, but including the last day of the period unless it is a Saturday, Sunday, statewide furlough day, or legal holiday, in which case the period runs until the end of the next day that is not a Saturday, Sunday, statewide furlough day, or legal holiday”. Such amendment is inclined with the objectives of the justice system in guaranteeing that the application of the law in relation to the rights and liberties of the public is not only accurate but also orderly, timely, and intelligible. The amendments to the 1997 Rules of Civil Procedure present a multi-faceted adjustment to the rules, with the goal of improving the flow of court proceedings and avoiding delays. The amendments are designed to benefit the public since they address head-on the twin problems of docket congestion and delays. Speedier proceedings will help in managing the heavy dockets of our courts since cases will be resolved much quicker. With the amendments, frivolous or baseless actions will be lessened, if not eliminated. 1 | S a n t i a g o , S a r a A n d r e a N i n a P . | C i v i l P r o c e d u r e | S a t u r d a y | 1 - 6 p m
Question No. 02: Digest all the cases found on the Modes of Discovery in the syllabus. G.R. No. 240053 October 9, 2019 PEOPLE OF THE PHILIPPINES vs. MARIA CRISTINA P. SERGIO and JULIUS L. LACANILAO FACTS Mary Jane was offered by her friends, the respondents, a job as a domestic helper in Malaysia. Upon acquiring a sufficient amount for her placement fee, Mary Jane, together with Cristina, eventually left the Philippines for Malaysia. However, to Mary Jane's dismay, she was informed by Cristina upon their arrival in Malaysia that the job intended for her was no longer available. Upon Mary Jane's arrival at the Adisucipto International Airport in Yogyakarta, Indonesia, she was apprehended by the police officers for allegedly carrying 2.6 kilograms of heroin inside her luggage. She was accordingly charged with drug trafficking before the District Court of Sleman, Yogyakarta, Indonesia. Meanwhile, in the Philippines, Cristina and Julius were arrested by the operatives of the Anti-Human Trafficking Division of the NBI. Thereafter, they were charged with qualified trafficking in person in violation R.A. No. 9208. The State filed a " Motion for Leave of Court to Take the Testimony of Complainant Mary Jane Veloso by Deposition Upon Written Interrogatories ”. It averred that the taking of Mary Jane's testimony through the use of deposition upon written interrogatories is allowed under Rule

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