As mentioned in the previous lesson, there are two general classifications of legal forms: business forms and judicial forms.
These are used in business transactions and agreements. Examples include deeds, insurance documents, and business contracts.
These are used in different kinds of pleadings, petitions, affidavits, etc. They include Ordinary Civil Action, Special Civil Action, Criminal Actions, and Special Proceedings.
This is a type of judicial action in which one party sues another for the purpose of enforcing or protecting a right, or preventing or redressing a wrong, where the defendant has done or failed to do something that violates the plaintiff's rights. The primary goal is to compensate.
Complaint a pleading alleging the plaintiff's cause or causes of action
Answer a pleading in which a defending party sets forth his defenses
Motion an application for relief other than by pleading
Counterclaim any claim which a defending party may have against an opposing party
This is a type of judicial action in which a party sues another to enforce or protect a right or to prevent or correct a wrong. While such action is controlled by the rules that apply to ordinary civil proceedings, it is also subject to the unique rules that apply to civil actions.
Interpleader a civil procedure that permits a plaintiff or defendant to file a case in order to compel the participation of two or more additional parties in dispute
Mandamus requires or compels the respondent to perform a particular duty, which duty results from the official station of the respondent, or from operation of law
Positive Remedy a special civil action whereby a court of jurisdiction commands an inferior tribunal, corp or person to perform a particular duty which the law requires to be done resulting from such office or trust
Negative Remedy a preventive remedy whereby a person is directed to desist from unlawfully excluding another from the use/enjoyment of an office, trust or station
Quo Warranto a writ of inquity that determines whether or not there is legal right to a public office, position, or franchise and may be instituted against an individual or entity, as the case may be
Expropriation gives power to the sovereign state to authorize the taking of a property within jurisdiction for the public use and without the owner's consent
Partition the separation, division, and assignment of an item held in common among people to whom it may belong
It is a type of judicial action by which a person accused of committing a crime is charged, brought to trial, and judged.
It is a remedy by which a party seeks to establish a status, a right, or a particular facts.
Petition for Escheat An escheat is a proceeding whereby the real and personal property of a deceased person in the Philippines, who died without leaving any will or legal heirs, become the property of the state upon his death.
Petition for Habeas Corpus Literally, "you have the body". In the Philippines, it is illegal to detain a person without going through proper legal proceedings. This is a legal recourse that a person may take to seek immediate release.
Other examples of special proceedings include Petition for Guardianship, Petition for Appointment, and Petition for Letters of Administration.