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Atty. Custodio Civil Procedure Outline
Atty. Custodio Civil Procedure Outline
Course Outline
1. Introduction
1.1. Courts and their jurisdiction
over persons
over res
Competency of parties
Death of party
Read:
United Overseas Bank Phils. V Rosemoore Mining &
Development Corp. 518 S 123 (2007)
Agreement on venue
Kinds of pleadings
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Parts of a pleading
Verification by Counsel
Sufficiency of allegations
Specific Denial
Counterclaims
Order of default
Rule when some but not all defendants filed responsive pleading
when issues not raised by the pleadings are tried with the consent of the
parties
when, even if objected to, the court is satisfied no prejudice will befall the
objecting party
Service of pleadings and court papers (other than judgments, final orders and
resolutions) may be done by substituted service if personal service and service
by mail not successful
3.7. Summons
Valmonte v CA 252 S 92
Grounds
pendentia litis
res judicata
no cause of action
- The dismissal of the complaint due to the fault of plaintiff does not necessarily
carry with it the dismissal of the counterclaim
- A dismissal for failure to prosecute has the effect of an adjudication on the merits,
and operates as res judicata, particularly when the court did not direct that the
dismissal was without prejudice
Effect
3.9. Pre-trial
Definition
Will result in plaintiff presenting his evidence ex parte and for the court to
render judgment thereon.
This is dissimilar to default from failure to plead where the sanction is for
the court to render judgment based on the complaint
Rule 19 Intervention
Requirements
Nordic Asia Limited v. CA, 403 SCRA 390, June 10, 2003
When to Intervene
Salandanan v. Sps. Mendez, 581 SCRA 182, March 13, 2009
Mactan-Cebu Intl Airport Authority v. Heirs of Mioza, 641 SCRA 520,
February 2, 2011
Who may Intervene
GSIS v. Nocom, 543 SCRA 676, February 04, 2008
Ombudsman v. Maximo Sison, 612 SCRA 702, February 16, 2010
3.10.
Discovery
Limitations on discoverability
Modes of discovery
Deposition
Function
Admissibility of Deposition
02 Sales v. Sabino, 477 SCRA 101, December 09, 2005
Interrogatories to parties
Examination of persons
3.11.
Trial
Order of trial
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Sps. Calo v. Sps. Tan, 476 SCRA 426, November 29, 2005
Consolidation
Consolidation of actions
3.13.
Absence of party
3.12.
Espinoza v. United Overseas Bank Phils, 616 SCRA 353, March 22,
2010
Demurrer to Evidence
Concept of demurrer
- What evidence
Casent Realty Devt Corp. v. Philbanking Corp., 533 SCRA 390,
September 19, 2007
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3.14.
Ong v. Roban Lending Corporation, 557 SCRA 516, July 09, 2008
Who files
3.15.
Summary Judgments
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3.16.
Judgments
Requirements
Separability of judgments
3.17.
FAMEN
Accident and Mistake as ground must be based on wellengendered belief ordinary prudence could not guard against
Libudan v. Gil, 45 S 17
grounds
Under Section 1, Rule 38, of the Rules of Court, the Court may grant relief
from judgment only when a judgment or final order is entered, or any
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grounds
when/how invoked
Propriety of Relief
3.18.
Execution of judgments
Test of a final judgment: Does it leave something for the court to do with
respect to the merits of the case?
Execution a matter of right when judgment final and executory, but only upon
motion
judgment becomes final by operation of law, i.e., when no appeal has been
taken within the period provided by law
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execution before or after death of judgment obligor will depend on the nature
of the judgment, i.e. recovery of property v money judgments
4. APPEALS
4.1. Nature of appeal as a remedy
ordinary appeal (by mere notice of appeal with court rendering judgment)
MTC to RTC
RTC to CA
petition for review (by filing petition with CA under rule 42)
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appeal to the SC
dilatory appeals
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the above modes will merit dismissal; no transfer to correct court will be
allowed
(Exception is when appeal to SC on questions of law and fact in which case,
the case will be remanded to CA)
5. PROVISIONAL REMEDIES
5.1. Preliminary Attachment
Kinds of attachment
preliminary
garnishment
levy on execution
Estares v CA GR 144755
Buyco v Baraquia GR 177486 (December 21, 2009)
Heirs of the late JBL Reyes v CA 338 S 282
Brocka v Enrile 192 S 182
Medina v Greenfield Development GR 140228
5.3. Receivership
powers of a receiver
National Investment and Development Corp v Judge Aquino 163 S 153
Traders Royal Bank v IAC 273 S 521
5.4. Replevin
6.1. Interpleader
Ocampo v Tirona GR 147812 (April 6, 2005)
6.2. Declaratory Relief
Tano v Socrates GR 110249 (August 14, 1997)
Martelino v NHMF Corp GR 160208 (June 30, 2008)
Velasco v Villegas GR 24153 (February 14, 1983)
6.3. Certiorari, Prohibition and Mandamus
Circular 28-91
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in the same case, in case of deficiency, the court will render judgment
AM No. 99-10-05-0
Act No 3135
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