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CivilProcedure Syllabus
CivilProcedure Syllabus
CIVIL PROCEDURE
1st Semester, AY 2019-2020
A. Classroom Rules:
1. Attendance will be checked at the beginning of every meeting.
2. Recitation will be conducted every meeting. Students are expected, therefore, to come to class
prepared and to have read the materials scheduled to be covered during the meeting. When a student
is reciting, the rest of the class is expected to listen to him. Students are encouraged to participate in
the discussion by asking questions.
3. A student who is called to recite is expected to close his book during his recitation.
4. Electronic gadgets are not prohibited during class hours. A student is expected, however, to turn off
his mobile phone or to put it on silent mode as soon as he steps into the classroom. If the student
expects a call during the meeting, he can take the call by discretely leaving the classroom. Laptops,
tablets, and other similar electronic devices, are not, likewise, prohibited but the students who are
called to recite should close these electronic devices for the duration of their recitation. The same
rule applies to mobile phones that serve as data storage.
5. Any student may discretely leave the classroom if and when absolutely necessary. When a student
is not in the classroom when called for recitation, he will be given a grade of 5.0 or its equivalent.
B. Grading System:
Recitation - ___
Quiz - ___
Mid-Term Exam - ___
Final Exam - ___
C. Reference/s:
___________________
___________________
OUTLINE PROPER:
I. GENERAL PRINCIPLES
A. Concept of Remedial Law
- Prescribes the method of enforcing rights or obtaining redress for their invasion.
B. Substantive Law visavis Remedial Law
- As to definition
- As to vested rights
- As to creation of rights
- As to application
- As to source
Suggested Cases:
- Bustos v. Lucero, G.R. No. L2068, Oct. 20, 1948
- Billones v. CIR, G.R. No. L17566, Jul. 30, 1965
- Fabian v. Disierto, G.R. No. 129742, Sep. 16,1998
- People v. Sumilang, G.R. No. L49187, Dec. 18, 1946
- Alvero v. De La Rosa, G.R. No. L286, Mar. 29, 1946
C. Rulemaking power of the Supreme Court and its limitations
- 1987 Phil. Const., Art. VII, Sec. 5, par. 5
Course Outline in Civil Procedure
Suggested Cases:
- In Re: Petition for Recognition of the Exemption of the Government Service Insurance
System from Payment of Legal Fees, A.M. No. 082010, Feb. 11, 2010
- Neypes v. Court of Appeals, G.R. No. 141524, Sept. 14, 2005
- Republic of the Philippines v. Imperial, G.R. No. 130906, Feb. 11, 1999
- Labao v. Flores, et. al., G.R. No. 187984, Nov. 10, 2010
D. Nature of Philippine Courts
- The Court and the Judge
- Classification of Philippine Courts
- Courts of Original and Appellate Jurisdiction
- Courts of General and Special Jurisdiction
- Constitutional and Statutory Courts
- Courts of Law and Equity
- Principle of Judicial Hierarchy
- Doctrine of NonInterferance or Doctrine of Judicial Stability
Suggested Cases:
- Wagenhorst v. Philadelphia Life Insurance, Co. 358 Pa. 55, 55 A2d 762
- Todd v. United States 158 US 278
- ABC Davao Auto Supply v. Court of Appeals, G.R. No. L113296, Jan. 16, 1998
- Alonzo v. Intermediate Appellate Court, G.R. No. 72873, May 28, 1987
- Santiago v. Vasquez, G.R. No. 9928990, Jan. 27, 1993
- Heirs of Bertudlo Hinog v. Hon. Achilles Melicor, G.R. No. 140954, April 12, 2005
- Republic of the Philippines v. Hon. Ramon S. Caguioa, etc., et al., G.R. No. 174385, Feb.
20, 2013
- Villamor v. Salas, G.R. No. 101041, Nov. 13, 1991
II. JURISDICTION
- The power and authority of the court to hear, try and decide a case, as well as to enforce
or execute its judgments or final orders.
A. Over the Parties
- Jurisdiction over the Plaintiff, how acquired
- Jurisdiction over the Defendant, how acquired
Suggested Case:
- Davao Light & Power Co., Inc v. Court of Appeals, G.R. No. 93262, Dec. 29, 1991
B. Over the Subject Matter
- Jurisdiction versus the Exercise of Jurisdiction.
- Error of Jurisdiction versus Error of Judgment.
- How jurisdiction is conferred and determined.
- Doctrine of Primary Jurisdiction
- Doctrine of Adherence of Jurisdiction
- Objections to jurisdiction over the subject matter;
Rules of Court Codal Provisions;
Rule 9, Sec. 1
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Course Outline in Civil Procedure
Rule 16, Sec. 1
Suggested Cases:
- Jaro v. Court of Appeals, G.R. No. 127536, Feb. 19, 2002
- Sunny Motor Sales Sales, Inc. V. Court of Appeals, G.R. No. 119900, Aug. 16, 2001
- Zamora v. Court of Appeals, G.R. No. 78206, Mar. 19, 1990
- Luna v. Carandang, G.R. No. L27145, Nov. 29, 1968
- Republic of the Philippines v. Estipular, G.R. No. 136588, Jul. 20, 2000
- Omictin v. Court of Appeals, G.R. No. 148004, Jan. 22, 2007
- Ramos v. Central Bank of the Philippines, G.R. No. L29352, Oct. 4, 1971
- People of the Philippines v. Cheng, G.R. No. 12015859, Sep. 15, 1997
- Tijam v. Sibonghanoy, G.R. No. L21450, Apr. 15, 1968
- La’o v. Republic of the Philippines, G.R. No. 160719, Jan. 23, 2006
- Concepcion v. Regalado, G.R. No. 167988, Feb. 6, 2007
C. Over the Issues
- How conferred and determined
Rules of Court Codal Provisions;
Rule 18
Rule 10, Sec. 5
D. Over the Res or Property in litigation.
- How acquired.
Suggested Cases:
- Perkins v. Dizon, G.R. No. 46631, Nov. 16, 1939
- Macahilig v. Heirs of Grace M. Magalit, G.R. No. 141423, Nov. 15, 200
E. Jurisdiction of Courts
- Supreme Court’s Exclusive Original, Concurrent, Appellate Jurisdiction
- Court of Appeals’ Exclusive Original, Concurrent, Appellate Jurisdiction
- Sandiganbayan’s Exclusive Original, Concurrent, Appellate Jurisdiction
- Regional Trial Courts Exclusive Original, Special, Concurrent, Appellate, Delegated
Jurisdiction.
Suggested Readings:
- B.P. 129
- R.A. 7691
- Rules of Court Codal Provisions; Rules 43, 65
- 1987 Phil. Const., Art. VIII, Sec. 5
- St. Martin Funeral Home v. Court of Appeals, G.R. No. 130866, Sep. 16, 1998
- R.A. 7975 and 8294
F. Small Claims, Summary Procedure, Barangay Reconciliation
- Exclusively for payment or reimbursement of money.
- Jurisdictional amount
- Ejectment Cases; Forcible Entry, Unlawful Detainer
- Violations for Municipal or City Ordinances
- Barangay Judicial System
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Course Outline in Civil Procedure
G. Totality Rule
- B.P. 129, Sec. 33
- Flores v. MallarePhillips, G.R. No. L66620, Sep. 24, 1986
III. CIVIL PROCEDURE PROPER
GENERAL PROVISIONS
- Applicability of the Rules of Court
- Purpose of the Rules
- Cases governed
- Commencement of Action
- Construction of the Rules
- Ordinary Civil Actions vs. Special Civil Actions vs. Special Proceedings, Independent
Civil Action
- Personal and Real Action
- Tests to determine the nature of the action.
- Actions in Rem, In Personam, and Quasi in Rem
Suggested Cases:
- Tenorio v. Pańo, G.R. No. L48117, Nov. 27, 1986
- Rone v. Claro, G.R. No. L4472, May 8, 1952
PROCEDURE
A. COMPLAINT
- Complaint in Civil Proceedings vs. Complaint in Criminal Proceedings.
- ROC, Rule 6 Section 3
1. Cause of Action
o ROC, Rule 2
o Right of Action vs. Causes of Action
o Failure to state a Cause of Action
o Test of Sufficiency of Cause of Action
o Splitting a Cause of Action and its Effect
o Joinder and Misjoinder of Causes of Action
Suggested Cases:
o Ceroferr Realty Corp. V. Court of Appeals, et al., G.R. No. 139539, Feb. 5, 2002
o Domondon v. Lopez, A.M. RTJ021696, Jun. 20, 2002
o Decena v. Piquero, G.R. No. 155736, Mar. 31, 2005
o Ada v. Baylon, G.R. No. 182435, Aug. 13, 2012
2. Jurisdiction
o Material Allegations vs. Title of the Case
o Jurisdictional Amounts
o Doctrine of Hierarchy of Courts
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Course Outline in Civil Procedure
3. Venue
o ROC, Rule 2
o Venue vs. Jurisdiction
o Effects of Stipulation on Venue
o Restrictive stipulation vs. Permissive stipulation
Suggested Cases:
o Sps. Lantin v. Lantion, G.R. No. 160053, Aug. 28, 2006
4. Parties
o ROC, Rule 3
o The Real PartyinInterest
o Permissive Joinder of Parties
o Class Suit
Suggested Cases:
o Pepsi Co, Inc. V. Emerald Pizza., Inc., G.R. No. 153059, Aug. 14, 2007
o Tamargo v. Court of Appeals, G.R. No., 85044, Jun. 3, 1992
o Oposa v. Factoran G.R. No. 101083 Jul. 30, 1993
5. Preparation
o ROC; Rule 6, Rule 7, Rule 8
o Kinds of Pleadings
o Parts of Pleading
o Manner of making allegations
o Material facts vs. Ultimate facts
o Verification vs. Certification against forumshopping
o Notice of Hearing
6. Filing and Service of Pleadings
o Filing to the Clerk of Court, Docket Fees
o Service to the other Party
Personal Service
Service by Mail
Substituted Service of Pleadings
o Provisional Remedies
Preliminary Attachment (ROC, Rule 57)
Preliminary Injunction (ROC, Rule 58)
Receivership (ROC, Rule 59)
Replevin (ROC, Rule 60)
Support Pendente Lite (ROC, Rule 61)
o Modes of Discovery
Interrogatories to the Parties (ROC, Rule 25)
Admission by Adverse Party (ROC, Rule 26)
Depositions Before Action or Pending Appeal (ROC, Rule 24)
Production or Inspection of Documents or Things (ROC, Rule 27)
Physical and Mental Examination of Persons (ROC, Rule 28)
Depositions Pending Action (ROC, Rule 23)
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Course Outline in Civil Procedure
7. Amendments
o ROC, Rule 10
o To reflect the actual merits of the controversy.
o “IS A RESPONSIVE PLEADING SERVED?”
o Matter of Right vs. By Leave of Court
o Effect of amended pleading.
8. Dismissal by the Plaintiff
o ROC, Rule 17
o Upon Notice vs. Upon Motion vs. Fault of the Plaintiff
o Right of the Defendant for counterclaim
B. SUMMONS
- ROC, Rule 14
- HOW MADE?
o Personal Service
o Substituted Service of Summons
o Alias Summons
o Pecularities:
Service upon Prisoners
Service upon minors and incompetents
Service upon domestic private juridical entity
Service upon public corporations
o Extraterritorial Service
o Voluntary Appearance
o Options of the Defendant
Bill of Particulars (ROC, Rule 12)
Motion to Dismiss (ROC, Rule 16)
Omnibus Motion Rule
Exceptions
Answer (ROC, Rule 6)
C. ANSWER
- ROC, Rule 6
- No Answer – In Default (ROC, Rule 9, Sec.3)
- With an Answer but no specific denials – Judgment on the Pleading (ROC, Rule 34)
- Answer with a:
o Counterclaim
o Crossclaim
o Third party complaint
- ComplaintinIntervention (ROC, Rule 19)
- Reply
D. PRETRIAL
- ROC, Rule 18
- Purpose
- Judicial Affidavit Rule
- PreTrial Brief
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Course Outline in Civil Procedure
- Notice of PreTrial
- Causes for Dismissal of the action, with prejudice
- Causes to allow the plaintiff to present his evidence ex parte
E. TRIAL
- ROC, Rule 30
- Adjournments and Postponements
- Order of Trial / Reverse Trial
- Demurrer to Evidence (ROC, Rule 33)
o Effects if Granted or Denied
o Demurrer to Evidence in Civil Case vs. Criminal Case
F. JUDGMENT
- ROC, Rule 36
- Contents of the Judgment
- Judgement on the Pleadings (ROC, Rule 34)
- Summary Judgments (ROC, Rule 35)
G. REMEDIES AGAINST A JUDGMENT
WITHIN THE REGLEMENTARY PERIOD:
- Motion for Reconsideration (ROC, Rule 37)
- Motion for New Trial (ROC, Rule 37)
o Concept of FreshPeriod Rule
- Appeals
o Appeal from MTC to the RTC (ROC, Rule 40)
o Appeal from the RTCs (ROC, Rule 41)
o Petition for Review from the RTCs to the Court of Appeals (ROC, Rule 42)
o Appeals from the Court of Tax Appeals and Quasijudicial agencies to the Court
of Appeals (ROC, Rule 43)
o Appeal by Certiorari to the Supreme Court (ROC, Rule 45)
o Modes of Appeal:
Ordinary Appeal
Petition for Review
Petition for Review on Certiorari
o Improper appeal vs. Erroneous Appeal
o Questions of Fact vs. Questions of Law
o Flow of Appeals
OUTSIDE THE REGLEMENTARY PERIOD:
- Relief from Judgment, Order or Other Proceedings/ Petition for Relief (ROC, Rule 38)
- Annulment of Judgment (ROC, Rule 47)
- Petition for Certiorari (ROC, Rule 65)
- ROC, Rule 45 vs. ROC, Rule 65
H. EXECUTION
- ROC, Rule 39
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Course Outline in Civil Procedure
- As a matter of right vs. As a matter of discretion
- As an Independent Civil Action
- Attachment, Levy vs. Garnishment
- Supersedeas Bond
IV. SPECIAL CIVIL ACTIONS
- Nature of Special Civil Actions
- Jurisdiction and Venue
A. Interpleader
o ROC, Rule 62
o Requisites
o Purpose
o When to file
B. Declaratory Relief
o ROC, Rule 63
o Who may file
o Purpose
o Requisites
o Conversion to Ordinary Action
C. Review of Judgments & Final Orders of COMELEC & COA
o ROC, Rule 64
o Application in connection with ROC, Rule 65
D. Certiorari, Prohibition, Mandamus
o ROC, Rule 65
o Certiorari vs. Prohibition vs. Mandamus
o Respective requisites
o Who may file
o Effect of the pendency of this special civil action on the principal case before the
lower court
E. Quo Warranto
o ROC, Rule 66
o What is a Quo Warranto
o Against whom may be filed
o Quo Warranto under ROC, Rule 66 vs. Quo Warranto in the Omnibus Election
Code
F. Expropriation
o ROC, Rule 67
o Power of Eminent Domain
o Matters to be alleged
o Two stages of Expropriation
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Course Outline in Civil Procedure
o Defenses and Objections
o Ascertainment of Just Compensation
G. Foreclosure of Real Estate Mortgage
o ROC, Rule 68
o Matters to be alleged
o Purpose
o Effect of Sale of the Mortgaged Property
o Disposition of Proceeds of Sale
o Judicial Foreclosure vs. Extrajudicial Foreclosure
o Equity of Redemption vs. Right of Equity
H. Partition
o ROC, Rule 69
o Who may file, who should be made defendants.
o Matters to be alleged
o Two stages of Partition
o Order of Partition vs. Partition by Agreement
o Judgments and its Effects
o Prescription of Action
I. Forcible Entry & Unlawful Detainer
o ROC, Rule 70
o Forcible Entry vs. Unlawful Detainer
o Distinguished from Accion Interdictal, Accion Publiciana, Accion
Reinvidicatoria
o Who may file, against whom may be maintained
o Prescription
o Purpose of the Preliminary Injunction and Preliminary Mandatory Injunction
o Resolving the Defense of Ownership
o Summary Procedure
o Prohibited Pleadings in Ejectment Case
J. Contempt
o ROC, Rule 71
o Reason for the power to punish for contempt
o Kinds of Contempt
o Remedies
o When Imprisonment shall be imposed
o Contempt against QuasiJudicial Bodies
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