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    SCA Reading Assignment For 12.13.16

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    Jacking1
    This document outlines the key topics and cases for the 2nd Semester Special Civil Actions course. It discusses the rules for reviewing judgments and final orders from the COMELEC and COA under Rule 64, including the requisite conditions and differences in application compared to other tribunals. It also examines the concepts of certiorari, prohibition, and mandamus under Rule 65, distinguishing between these remedies. Various cases are cited as examples for each topic. Additional supplementary cases on these issues are also listed.

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    SCA Reading Assignment For 12.13.16

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    Jacking1
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    This document outlines the key topics and cases for the 2nd Semester Special Civil Actions course. It discusses the rules for reviewing judgments and final orders from the COMELEC and COA under Rule 64, including the requisite conditions and differences in application compared to other tribunals. It also examines the concepts of certiorari, prohibition, and mandamus under Rule 65, distinguishing between these remedies. Various cases are cited as examples for each topic. Additional supplementary cases on these issues are also listed.

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    SCA Reading Assignment for 12.13.16

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    This document outlines the key topics and cases for the 2nd Semester Special Civil Actions course. It discusses the rules for reviewing judgments and final orders from the COMELEC and COA under Rule 64, including the requisite conditions and differences in application compared to other tribunals. It also examines the concepts of certiorari, prohibition, and mandamus under Rule 65, distinguishing between these remedies. Various cases are cited as examples for each topic. Additional supplementary cases on these issues are also listed.

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    34 views2 pages

    SCA Reading Assignment For 12.13.16

    Uploaded by

    Jacking1
    This document outlines the key topics and cases for the 2nd Semester Special Civil Actions course. It discusses the rules for reviewing judgments and final orders from the COMELEC and COA under Rule 64, including the requisite conditions and differences in application compared to other tribunals. It also examines the concepts of certiorari, prohibition, and mandamus under Rule 65, distinguishing between these remedies. Various cases are cited as examples for each topic. Additional supplementary cases on these issues are also listed.

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    Special Civil Actiions

    nd
    2 Semester, SY: 2016-2017

    IV. Review of Judgments and Final Orders or Resolutions of the


    COMELEC and COA (Rule 64)

    A. Read Rule 64 and Rule 65


    B. Requisites for applicability of rule
    C. Distinction in the application of Rule 65 to judgments of the
    COMELEC and COA and the application of Rule 65 to other
    tribunals, persons and officers
    D. Cases
    i. Aratuc v. COMELEC, 88 SCRA 251 - Acuna
    ii. Reyna v. COA, 642 SCRA 210 -
    iii. Pates v. COMELEC, June 30, 2009 - Archival
    iv. Sanchez v. COA, G.R. No. 127545, April 23, 2008 waps sik
    v. Ambil, Jr v. COMELEC, 344 SCRA 358 tapad ni katreena

    V. Rule 65 - Certiorari, Prohibition and Mandamus

    A. Read Sections 1-9, Rule 65


    B. Concept and Purpose
    C. Distinctions
    i. Certiorari, Prohibition, Mandamus
    ii. Prohibition vs. Injunction
    iii. Petition for Review on Certiorari under Rule 45 vs. Petition for
    Certiorari under Rule 65
    iv. Certiorari from Appeal
    D. Cases:
    i. Ganaden Al v. Lanag, GR No. 170500&17051011, June 1, 2011
    ii. Fortich v. Corona, 289 SCRA 629 (1998)
    iii. Dela Cruz v. IAC, 134 SCRA 417 (1985)
    iv. People v. Ramos, 83 SCRA 1 (1978)
    v. Bautista v. Sarmiento, 128 SCRA 587 (1987)
    vi. Vda. De Bacang v. CA, 125 SCRA 137 (1983)
    vii. Santiago v. CA, 184 SCRA 590 (1990)
    viii. Calderon v. Solicitor-General, 215 SCRA 876 (1992)
    ix. Municipality of Bian, Laguna v. CA, 219 SCRA 69 (1993)
    x. Spouses Marcelo v. LBC Bank, GR No. 183575, April 11, 2011
    xi. Mari & People v. Gonzales, GR No. 187728, Sept. 12, 2011
    xii. Tang v. Subic Bay Distribution Inc., GR No. 162575, Dec. 15,
    2010

    xiii. Martillano v. CA, GR No. 148277, June 29, 2004


    xiv. Santos v. Orda, GR No. 189402, May 6, 2010
    xv. China Banking Corp. v. Cebu Printing and Packaging Corp., GR
    No. 172880, August 11, 2010
    xvi. Winston Garcia v. CA, GR No. 169005, January 28, 2013

    E. Proceedings where certiorari is not available to question


    interlocutory orders
    - amparo, habeas data, small claims, summary procedure

    Additional Cases:

    1. Galicto v. Aquino, 667 SCRA 150, Feb


    2. Metropolitan Bank & Trust Company v. National Wages Productivity
    Commission, 514 SCRA 346
    3. City Engineer of Baguio v. Baniqued, 571 SCRA 617
    4. Destileria Limtuaco & Co. Inc. v. Advertising Board of the Phil., 572 SCRA
    455 prohibition not for private individuals

    5. Spouses Yusay v. CA, 647 SCRA 269


    6. Militante vs. CA, 330 SCRA 318
    7. De Castro v. Judicial and Bar Council, 615 SCRA 666
    8. Araos v. Regala, 613 SCRA 207
    9. Lumapas v. Tamin, 334 SCRA 391
    10. Cuatro v. Ombudsman 658 SCRA 580

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