Archives for posts with tag: Rules of Court

1.  Right to be Notified of Order of Replevin – Upon receiving such order, the sheriff must serve a copy thereof on the adverse party, together with a copy of the application, affidavit and bond, and must forthwith take the property, if it be in the possession of the adverse party, or his agent, and retain it in his custody.

2.)  The property subject of replevin must be kept in a secure place.  After the sheriff has taken possession of the property as herein provided, he must keep it in a secure place and shall be responsible for its delivery to the party entitled thereto upon receiving his fees and necessary expenses for taking and keeping the same.

3.  Right to Object to insufficiency of requirements.  The defendant can object to the sufficiency of the applicant’s bond, or of the surety or sureties thereon.  If he does not so object, he may, at any time before the delivery of the property to the applicant, require the return thereof, by filing with the court where the action is pending a bond executed to the applicant, in double the value of the property as stated in the applicant’s affidavit for the delivery thereof to the applicant, if such delivery be adjudged, and for the payment of such sum to him as may be recovered against the adverse party, and by serving a copy of such bond on the applicant.

 

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AMENDMENTS TO RULES 41, 45, 58 AND 65
OF THE RULES OF COURT
Acting on the recommendation of the Chairperson and Members of the Subcommittee on the Revision of Rule 65 submitting for this Courts consideration and approval the proposed amendments to Rules 41, 45, 58 and 65 of the Rules of Court, the Court Resolved to APPROVE the same. hanrobles virtual law l

This Resolution shall take effect on December 27. 2007 following its publication in a newspaper of general circulation. hanrobles virtual law l

December 4, 2007
RULE 45

Section 1. Filing of petition with Supreme Court.  A party desiring to appeal by certiorari from a judgment, final order or resolution of the Court of Appeals, the Sandiganbayan, the Court of Tax Appeals, the Regional Trial Court or other courts, whenever authorized by law, may file with the Supreme Court a verified petition for review on certiorari. The petition may include an application for a writ of preliminary injunction or other provisional remedies and shall raise only questions of law, which must be distinctly set forth. The petitioner may seek the same provisional remedies by verified motion filed in the same action or proceeding at any time during its pendency.

REPUBLIC OF THE PHILIPPINES) City/Municipality_______________) Province_____________________) SS. AFFIDAVIT OF SERVICE I,______________________________________ as, ____________________________ (relation to party or counsel) of, ___________________________________________________ with office address at ______________________________________________, after being duly sworn, depose and say: That on ______________________________, 198_____ I served a copy of the following Date Pleading/paper by ordinary/registered mail in accordance with Sections 3 and 5 in relation to Section 10 of Rule 13, Rules of Court: Nature of Pleading/Paper ______________________________________ ______________________________________ ______________________________________ ______________________________________ In case No. ______________________________________________________ entitled Depositing a copy in the post office, in a sealed envelope, plainly addressed to the party or his attorney at his office/ residence with postage fully prepaid, as evidenced (in case of registered mail) by Registry Receipt No. ________________ hereto attached, and with instructions to the postmaster to return the mail to the sender after ten (10) days, if undelivered. That the addressee(s) is/are as follows: ______________________________________ ______________________________________ ______________________________________ ______________________________________ __________________ Manila, Philippines. SUBSCRIBED AND SWORN to before me this ______ day of Philippines, affiant exhibiting to me his/her Residence Certificate No. ______________, issued at__________ on ___________________. Officer Administering the Oath.