SYLLABUS FOR CIVIL PROCEDURE1*

Atty. Victor Y. Eleazar

INTRODUCTION and JURISDICTION

Suggested textbooks: Herrera, Remedial Law, Volumes 1, 2 and 3; Riano, Civil Procedure, Books 1 and 2

I. General Principles
A. Remedial Law
1. History
2. Coverage
B. Concept of Remedial Law
1. Substantive Law
2. Procedural Law
3. Jurisdiction
4. Venue
C. Rule-making Power of the Supreme Court
Sec. 5, Article VIII, 1987 Constitution
Echegaray v. The Secretary of Justice ​(Resolution in G.R. No. 132601, January 19, 1999, 301 SCRA
96)
Morales v. Court of Appeals​, G.R. No. 217126-27, November 10, 2015
1. Limitations on the rule-making power of the
Supreme Court
Sec. 2 of Article VIII, 1987 Constitution
Sec. 30, Article VI, 1987 Constitution
Fabian v. Desierto, ​G.R. No. 129742, September 16, 1998, 295 SCRA 470
Kuizon v. Desierto​, G.R. No. 140619-24, March 9, 2001, 354 SCRA 158
Baviera v. Zoleta​, G.R. No. 1609098, October 12, 2006, 504 SCRA 280
2. Power of the Supreme Court to amend and suspend
procedural rules
Neypes v. Court of Appeals​, G.R. No. 141524, September 14, 2005, 469 SCRA 633.
Rodriguez v. People, ​G.R. No. 192799, October 24, 2012, 684 SCRA 580
3. Power to suspend procedural rules
In Re: Petition for Recognition of the Exemption of the GSIS from Payment of Legal Fees, ​A.M. No.
08-2-01-0, February 11, 2010
McBurnie v.​ ​Ganzon, ​G.R. No. 178034, October 17, 2013
4. Retroactivity of procedural rules
Article 4, Civil Code
Sun Insurance Office Ltd. v. Asuncion, ​G.R. No. 79937-38, February 13, 1989
5. Basic principles in Jurisdiction
a. Elements of Jurisdiction
(i) Jurisdiction over the subject matter or nature of the case
(ii) Jurisdiction over the parties
(iii) Jurisdiction over the res
de Pedro v. Romasan Development Corp., G ​ .R. No.
194751, November 26, 2014
b. Estoppel by jurisdiction
Figueroa v. People​, G.R. No. 147406, July 14, 2008, 558 SCRA 63
6. Classes of Jurisdiction
a. Concepts
(i) General
(ii) Special or Limited
(iii) Original
(iv) Appellate
(v) Exclusive
(vi) Concurrence/confluent/coordinate
Puse v. Santos-Puse, G ​ .R. No. 183678, March 15, 2010
b. Nature of Philippine Courts
(i) Meaning of a court
(ii) Court as distinguished from a judge
c. Classification of Philippine courts
d. Courts of original and appellate jurisdiction
e. Courts of general and special jurisdiction
f. Constitutional and statutory courts
g. Courts of law and equity
h. Principle of judicial hierarchy
Castro v. Carlos, ​G.R. No. 194994, April 16, 2013
Dy v. Bibat-Palamos, ​G.R. No. 196200, September 11, 2013
Querubin v. Comelec, ​G.R. No. 218787, December 8, 2015
i. Doctrine of non-interference or doctrine of judicial stability
(i) Doctrine of Judicial Stability
Go v. Clerk of Court, ​G.R. No. 154623, March 13, 2009
Tan v. Cinco, G.R. No. 213054, June 15, 2016 and ​del Rosario v.
Ocampo-Ferrer, ​G.R. No. 215348, June 20, 2016
7. Different kinds of jurisdiction
a. Delegated jurisdiction (e.g. BP 129, Sec. 34 in
relation to PD 1529, Sec. 2)
b. Special jurisdiction (e.g. BP 129, Sec. 35)
c. Residual jurisdiction
DBP v. Judge Carpio​, G.R. No. 195450, February 1,

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Date of last revision: 12 January 2020 
2017
Differentiate from residual prerogatives
Katon v. Palanca, Jr.​, G.R. No. 151149, September
7, 2004
d. Primary jurisdiction
The Province of Aklan v. Jody King Construction and Development Corp., ​G.R. No. 197592,
November 27, 2013
MMDA v. D.M. Consunji, Inc., ​G.R. No. 222423, February 20, 2019
Heirs of Mateo Pidacan v. Air Transportation Office, G.R. No. 186192, August 25,
2010
e. Extended jurisdiction (e.g. Sec. 26-A, RA 9208)
f. Split jurisdiction
City of Manila v. Judge Cuerdo, ​G.R. No. 175723, February 4, 2014
g. Epistolary jurisdiction
Resident Marine Mammals of the Protected
Seascape Tanon Strait v. Reyes​, G.R. No. 180771, April 21, 2015
h. Equity jurisdiction
Rubio v. Alabata​, G.R. No. 203947, February 27, 2014
Regulus Development Inc. v. dela Cruz, G ​ .R. No. 198172, January 25, 2016
8. Estoppel by jurisdiction
Tijam v. Sibonghanoy,​ G.R. No. L-21450, April 15, 1968
Calimlim v. Ramirez, 204 Phil. 25 (1982)
Figueroa v. People, G.R. No. 147406, July 14, 2008, 558 SCRA 63
9. Principle of judicial hierarchy
Gios-Samar, Inc. v. DOTC, G.R. No. 217158, March 12, 2019
10. Doctrine of non-interference or doctrine of judicial stability
Yadno v. Anchales,​ G.R. No. 174582, October 11, 2012
Del Rosario v. Ocampo-Ferrer​, G.R. No. 215348, June 20, 2016
II. Jurisdiction
A. Jurisdiction in general
1. Meaning of jurisdiction over the subject matter
2. Jurisdiction versus the exercise of jurisdiction
Gonzales v. GJH Land, Inc., ​G.R. No. 202664, November 10, 2015
3. Error of jurisdiction as distinguished from error of judgment
4. How jurisdiction is conferred and determined
5. Doctrine of adherence of jurisdiction
6. The facts alleged in the complaint and the law in force at the time of commencement of action
determine the jurisdiction
7. Objections to jurisdiction over the subject matter
B. Jurisdiction over the parties
1. How jurisdiction over the accused is acquired
2. Jurisdiction over the subject matter
3. Distinguish jurisdiction over subject matter from jurisdiction over person of the defendant
C. Jurisdiction of Courts
1. Supreme Court
a. Sec. 1, Art. VIII, 1987 Constitution
b. Internal Rules of the Supreme Court
Rule 2, Sec. 3; Sec. 11; Sec. 14
Rule 3, Sec. 2; Sec. 3; Sec. 4
Rule 9, Sec. 5
Rule 10, Sec. 2
2. Court of Appeals
a. Sec. 3, BP 129
Sec. 9 of BP 129, as amended by Rep. Act No. 8246
b. 2009 Internal Rules of the Court of Appeals
Rule 1, Sections 2 and 3
Rule 2, Sec. 5
Rule 3, Sec. 2 (a); Sec. 3
Rule 4, Sec. 4 (b)
Rule 6, Sec. 1; Sec. 3; Sec. 4
c. RA 9160 (Anti-Money Laundering Act) as amended by RA 9160; RA
9194, RA 10167 and RA 10365: Sec. 5, Sec. 10 and Sec. 11
3. Court of Tax Appeals
a. Rep. No. 9503
b. Rep. Act No. 9282 amending RA 1125
c. CTA Rules of Procedure
Bureau of Customs v. Devanadera, ​G.R. No. 193253, September 8, 2015
CE Casecnan Water and Energy Co. Inc. v. The Province of Nueva Ecija, G ​ .R. No.
196278, June 17, 2015
National Power Corp. v. Municipal Government of Navotas, ​748 Phil. 473
Salva v. Magpile, ​G.R. No. 220440, November 8, 2017
4. Sandiganbayan
a. Rep. Act No. 8249 as amended by RA 10660
b. Revised Internal Rules of the Sandiganbayan
Rule III, Sec. 3
Rule VII, Sec. 1; Sec. 4
Rule IX, Sec. 1; Sec. 4, Sec. 5; Sec. 6, Sec. 7; Sec. 8
Rule X, Sec.1
Rule XI, Sections 1 and 2
5. Regional Trial Courts

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 a. Sec. 20 of BP 129 as amended by Rep. Act No. 7691
b. Other laws which specifically lodge jurisdiction in the RTC:
(i) Special Agrarian Courts under Sec. 56 of RA 6657,
as amended
c. Sec. 21 of BP 129 as amended
d. Sec. 20 of BP 129, as amended (appellate jurisdiction over all cases decided by the MTCs
in their respective territorial jurisdiction
e. In areas where there are no family courts, the cases falling under the jurisdiction of family
courts shall be adjudicated by the RTC
f. Sec. 23 of BP 129, as amended (Special jurisdiction to try special cases). Examples: Article
XI, Sec. 90 of RA 9165; Sec. 56 of RA 6657, as amended by RA 9700
g. Sec. 24 of BP 129, as amended (Special Rules of Procedure)

INCAPABLE/CAPABLE OF PECUNIARY ESTIMATE

Lu v. Lu Ym Sr., ​G.R. No. 153690, August 26, 2008; Resolution dated August 4, 2009; Resolution En
Banc dated February 15, 2011
Mijares v. Hon. Ranada, ​G.R. No. 139325, April 12, 2005
Ortigas & Co. Ltd. v. Herrera, G​ .R. No. L-36098, January 21, 1983
Villena v. Payoyo, ​G.R. No. 163021, April 27, 2007
Iniego v. Purganan, ​G.R. No. 166876, March 24, 2006
Read: Herrera’s critique on the confusing test in classification of actions – capable or incapable of
pecuniary estimation
First Sarmiento Property Holdings, Inc. v. Philippine Bank of Communications, ​G.R. No. 202836, June
19, 2018
See: Sections 416 and 417 of RA 7160
Sebastian v. Lagmay Ng, ​G.R. No. 164594, April 22, 2015
Miguel v. Montanez, G ​ .R. No. 191336, January 25, 2012, 664 SCRA 345
Genesis Investment Inc. v. Heirs of Celerino Ebarasabal, ​G.R. No. 181622, November 20, 2013
Saraza v. Francisco, ​G.R. No. 198718, November 27, 2013
BPI v. Hontanosas, Jr., G​ .R. No. 157163, June 25, 2014

RTC or LABOR COURTS

Daichi Electronics Manufacturing v. Villarama, ​G.R. No. 112940, November 21, 1994

RTC or MTC
Geonzon vda. De Barrera v. Heirs of Vicente Legaspi, G ​ .R. No. 174346, September 12, 2008, 565
SCRA 192
​ .R. No. 204970, February 1, 2016
Trayvilla v. Sejas, G
Hugueta v. Embudo, ​G.R. No. 149554, July 1, 2003, 405 SCRA 273

RTC or HLURB
PD 957; RA 11201
Eugenio v. Sta. Monica Riverside Homeowners Association, ​G.R. No. 187751, November 22, 2010
​ .R. No. 164789, August 27, 2009
Christian General Assembly v. Ignacio, G
Phil. Bank of Communications v. Pridisons Realty Corp.,​ G.R. No. 155113, January 19, 2013

RTIC or NCIP
Unduran v. Aberasturi, ​G.R. No. 181284, October 20, 2015
Heirs of Tunged v. Sta. Lucia Realty and Development Inc., ​G.R. No. 231737, March 6, 2018

SPECIAL COMMERCIAL COURTS

Medical Plaza Makati Condominium Corp. v. Cullen, G ​ .R. No. 181416, November 11, 2013
Calleja v. Panday, ​G.R. No. 168696, February 28, 2006, 483 SCRA 680
Gonzales v. GJH Land, Inc., G ​ .R. No. 202664, November 10, 2015
Concorde Condominium Inc. v. Baculio, G ​ .R. No. 203678, February 17, 2016

SPECIAL COURTS FOR INTELLECTUAL PROPERTY RIGHTS

SC Adm. Order No. 113-95; revoked by A.M. No. 03-03-03-SC July 1, 2003, as amended on
November 16, 2015

CYBERCRIME COURTS
RA 10175, Sec. 21.
A.M. No. 03-03-03-SC dated November 15, 2016

SPECIAL AGRARIAN COURTS

RA 6657, Sections 56 and 57
​ .R. No. 169008, July 31, 2008, 560 SCRA 776
Land Bank v. Martinez, G
Land Bank v. Daluata, ​G.R. No. 190004, August 8, 2017

DEMAND EXCEEDS 300T/400T THRESHOLD

Iniego v. Judge Purganan, ​G.R. No. 166876, March 24, 2006
Sante v. Claravall, ​G.R. No. 173915, February 22, 2010
Cabrera v. Francisco, ​G.R. No. 172293, August 28, 2013
Soliven v. Fastforms Philippines Inc., ​G.R. No. 139031, October 18, 2004

INSURANCE COMMISSION
PD 612 as amended by RA 10607, Sec. 439

BARANGAY BOUNDARY DISPUTES

Barangay Mayamot v. Antipolo City, ​G.R. No. 187349, August 17, 2016

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 7. Family Courts
a. Rep. Act No. 8369 (Family Courts Act of 1997)
b. RA 9344 as amended by RA 10630, Sec. 6
c. Rep. Act No. 7610, as amended by Rep. Act No. 7658
d. Rep. Act No. 9262
Garcia v. Drilon, ​G.R. No. 179267, June 25, 2013

SUMMARY JUDICIAL PROCEEDINGS

​ .R. No. 182760, April 10, 2013
Republic v. Narceda, G

8. Metropolitan Trial Courts/Municipal Trial Courts

a. Sec. 32 of BP 129, as amended
b. Sec. 35 of BP 129, as amended

Cabiling v. Dangcalan, G​ .R. No. 187696, June 15, 2016

Quinagoran v. Court of Appeals, ​531 SCRA 104
​ .R. No. 215640, November 28, 2016
Cabrera v. Clarin, G
Foronda-Crystal v. Son, G ​ .R. No. 221815, November 29, 2017
Pajares v. Remarkable Laundry and Dry Cleaning, G ​ .R. No. 212690, February 20,
2017

9. Shariah​ Courts
PD 1083, Articles 137; 138; 143; 144; 148
Villagracia v. Fifth Sharia District Court,​ G.R. No. 188832, April 23, 2014
Mendez v. Sharia District Court, G ​ .R. No. 201614, January 12, 2016

10. Rules on Summary Procedure

a. Sec. 36 of BP 129, as amended
b. Revised Rules on Summary Procedure

​ .R. No. 95697, August 5,

Rosales v. Court of Appeals, G 1991, 200 SCRA 300
Teraña v. de Sagun, ​587 SCRA 60

DOCTRINE OF PROCEDURAL VOID

​ .R. No. 128954, October 8, 1988
Go v. Court of Appeals, G
Republic v. Sunvar Realty Development Corp.,​ G.R. No. 194880, June 20, 2012

c. Peculiarities

11. Rules on Barangay Conciliation

a. Adm. Circular No. 14-93
b. Secs. 399-422, Chapter VII, Title I, Book III, and Sec. 515, Title I, Book IV, R.A. 7160

​ .R. No. 211966, August 7, 2017

Abagatnan v. Clarito, G

12. Small Claims Court (as amended by A.M. No. 08-8-7- SC,
effective February 1, 2016)

A.L. Ang Network Inc. v. Mondejar, ​G.R. No. 200804, January 22, 2014

a. Peculiarities

13. Totality Rule

Sec. 33 (1), BP 129, as amended
Sec. 5 (d), Rule 2

14. Judgments and processes

BP 129, Sec. 38

oooOOOooo
End of Introduction/Jurisdiction

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 SYLLABUS FOR CIVIL PROCEDURE2*
Atty. Victor Y. Eleazar
Rules 1 to 36

III. Civil Procedure

2019 Amendments to the 1997 Rules of Civil Procedure did not amend Rule 1 (General Provisions), Rule 2 (Cause of Action), Rule
3 (Parties to Civil Actions), Rule 4 (Venue of Actions) and Rule 5 (Uniform Procedure in Trial Courts).

A. Actions

1. Meaning of ordinary civil actions

2. Meaning of special civil actions
3. Meaning of criminal actions
4. Civil actions versus special proceedings
5. Personal actions and real actions
6. Local and transitory actions
7. Actions in rem, in personam and quasi in rem

Lucas v. Lucas​, G.R. No. 190710, June 6, 2011

De Pedro v. Romasan Development Corp.,​ G.R. No. 194751, November 26, 2014

8. Payment of docket fees

​ .R. No. 116121, July 18, 2011, 654 SCRA 1

Heirs of the late Reinoso, Sr. v. CA, G
GSIS v. Heirs of Caballero, ​G.R. No. 158090, October 4, 2010, 632 SCRA 5

Rule 1, Rules of Court

Read: Herrera, Remedial Law 1, pp. 367-409

B. Cause of action

1. Meaning of cause of action

Turner v. Lorenzo Shipping Corp.,​ G.R. No. 157479, November 24, 2010

2. Right of action versus cause of action

3. Failure to state a cause of action
4. Test of the sufficiency of a cause of action

Belle Corporation v. de Leon-Banks,​ G.R. No. 174669, September 19, 2012

Santos v. Santos-Gran,​ G.R. No. 197380, October 8, 2014
Guillermo v. Philippine Information Agency,​ G.R. No. 223751, March 15, 2017

5. Splitting a single cause of action and its effects

Umale v. Canoga Park Development Corp., ​G.R. No. 167246, July 20, 2011, 654 SCRA 155
Mallion v. Alcantara​, G.R. No. 141528, October 31, 2006
Marilag v. Martinez,​ G.R. No. 201892, July 22, 2015

Damages in ejectment cases: ​Progressive Development Corp. Inc. v. Court of Appeals​, 301 SCRA 637
Read Herrera’s Critique on “damages and costs”
See ​Hualam Construction v. Court of Appeals​, 214 SCRA 612; ​Felisilda v. Villanueva,​ 139 SCRA 431; ​Teraña v. de Sagun​, 587
SCRA 60
Dynamic Builders & Construction Co. v. Mayor Presbiterio, Jr.,​ G.R. No. 174202, April 7, 2015, 755 SCRA 90

6. Joinder and misjoinder of causes of action

Rule 2, Rules of Court

Read: Herrera, Remedial Law Vol. I, pp. 410-503
UCPB v. Beluso,​ 530 SCRA 567

C. Parties to civil actions

1. Real parties in interest; indispensable parties;

Representatives as parties; necessary parties; indigent parties; alternative defendants

Excellent Quality Apparel Inc. v. Win Multi Rich Builders, Inc.,​ G.R. No. 175048, February 10, 2009
Alliance of Quezon City Homeowners’ Association, Inc. v. Quezon City Government, ​G.R. No. 230651, September 18, 2018
V-Gent Inc. v. Morning Star Travel and Tours,​ G.R. No. 186305, July 22, 2015
Navarro v. Esco​bido, November 27, 2009
Arcelona v. CA​ – NB: Read case in the SCRA and take note of the Errata: ​Arcelona v. CA​, 280 SCRA 20
Carandang v. De Guzman,​ November 29, 2006

Personality to sue; Estate of a decedent

Vda. de Borromeo v. Pogoy​, G.R. No. 63277, November 29, 1983, 126 SCRA 217
Compare: ​Ventura v. Militante,​ G.R. No. 63145, October 9, 1999 and ​Spouses Rodolfo Berot and Lilia Berot v. Siapno,​ G.R. No.

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Date of last revision: 5 March 2020 
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188944, July 9, 2014
Boston Equity Resources v. CA,​ G.R. No. 173946, June 19, 2013
Heirs of Paciano Labao v. Vand Der Kolk​, G.R. No. 207266, June 25, 2014

Ang v. Ang​, G.R. No. 186993, August 22, 2012

2. Compulsory and permissive joinder of parties

Sepulveda Jr. v. Pelaez,​ January 31, 2005, 450 SCRA 302

Moldes v. Villanueva​, 468 SCRA 697
Limos v. Spouses Odones​, G.R. No. 186979, August 11, 2010
Pacana-Contreras v. Rovila Water Supply,​ G.R. No. 168979, December 2, 2013
China Banking Corp. v. Oliver​, G.R. No. 135796, October 3, 2002, 390 SCRA 263

Indispensable party v. Necessary party

Seno v. Mangubat​, G.R. No. L-44339, December 2, 1987, 156 SCRA 113

3. Misjoinder and non-joinder of parties

Pantranco North Express v. Standard Insurance​, 453 SCRA 482

4. Class suit

Adm. Matter No. No. 88-1-646: ​Re Request of the Heirs of the Passengers of Dona Paz to set aside the Order of Judge B.V.
Chingcuangco​, promulgated on March 31, 1988, 159 SCRA 623

5. Suits against entities without juridical personality

6. Effect of death of party litigant

Yadno v. Anchales,​ G.R. No. 174582, October 11, 2012

Carandang v. de Guzman
Heirs of Paciano Yabao v. Vander Kolk

7. Indigent party

Algura v. LGU of City of Naga​, October 30, 2006

Rule 3, Rules of Court

Read: Herrera, Remedial Law Vol. 1, pp. 504-611

8. Transferee pendente lite

Medrano v. de Vera​, G.R. No. 165770, August 9, 2010

D. Venue

1. Venue versus jurisdiction

2. Venue of real actions

Villanueva v. Judge Mosqueda,​ G.R. No. L-58287, August 19, 1982

Union Bank of the Philippines v. Maunlad Homes Inc.,​ G.R. No. 190071, August 15, 2012

3. Venue of personal actions

Marcos-Araneta v. Court of Appeals​, G.R. No. 154096, August 22, 2008

Latorre v. Latorre​, G.R. No. 183926, March 29, 2010, 617 SCRA 88

Hyatt Elevators and Escalators Corp. v. Goldstar Elevators Phils.​, 473 SCRA 705
Golden Arches Development Corp. v. St. Francis Square Holding Inc.​, 640 SCRA 227

See Rule on Venue in A.M. No. 02-11-10-SC, A.M. No. 02-11-11-SC and A.M. No. 02-6-02-SC

4. Venue of actions against non-residents

Ang v. Ang​, G.R. No. 186993, August 22, 2012

5. When the rules on venue do not apply

Gumabon v. Larin​, G.R. No. 142523, November 27, 2001

Briones v. CA,​ G.R. No. 204444, January 14, 2015
Ley Construction v. Sedano,​ G.R. No. 222711, August 23, 2017

6. Effects of stipulations on venue

Unimasters Conglomeration Inc. v. CA,​ G.R. No. 119657, February 7, 1997

7. Doctrine of forum non-conveniens

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Hongkong and Shanghai Banking Corp. v. Sherman,​ G.R. No. 72494, August 11, 1989
Philippine Deposit Insurance Corp. v. Citibank,​ ​N.A. ​and​ Bank of America S.T. & N.A.​ , G.R. 170290, April 11, 2012, 669 SCRA 191

Rule 4, Rules of Court

Read Herrera, Remedial Law Vol. 1, pp. 612-651

E. Uniformity of Rules

Rule 5, Rules of Court

Read: Herrera, Remedial Law Vol. 1, pp. 652-671
Revised Rule on Summary Procedure
Revised Rule on Small Claims Court

F. Pleadings

1. Kinds of pleadings
a) Complaint
b) Answer
(i) Negative defenses
(ii) Negative pregnant
(iii) Affirmative defenses
c) Counterclaims
(i) Compulsory counterclaim
(ii) Permissive counterclaim
(iii) Effect on the counterclaim when the complaint is dismissed
d) Cross-claims
e) Third (fourth, etc.) party complaints
f) Complaint-in-intervention
g) Reply

Rule 6, Rules of Court. Note the amendments in the following sections of Rule 6: Sec. 2; Sec. 5; Sec. 7; Sec. 8; Sec. 10; Sec. 11

Read: Herrera, Remedial Law 1, pp. 672-711

Answer ​Ex Abudanti Cautela? ​ See ​Rosete v. Lim,​ G.R. No. 136051, June 8, 2006
Filing fees for compulsory counterclaim or cross-claims: See ​Korea Technologies Co. Inc. v. Judge Lerma,​ G.R. No. 143581,
January 7, 2008
Spouses Mendiola v. Court of Appeals​, G.R. No. 159746, July 18, 2012
Bungcayao Sr. v. Fort Ilocandia Property Holdings and Development Corp.​, G.R. No. 170483, April 19, 2010
Firaza Sr. v. Ugay​, G.R. No. 165838, April 3, 2013
Sapugay v. CA, ​G.R. No. 86792, April 21, 1990; ​Lafarge Cement Phil. Inc. v. Continental Cement Corp.​, G.R. No. 155173,
November 23, 2004
Sy-Vargas v. Estate of Rolando Ogsos, Sr.​, G.R. No. 221062, October 5, 2016
Philtranco Service Enterprises Inc. v. Paras​, G.R. No. 161909, April 25, 2012
Paramount Life & General Insurance v. Castro,​ G.R. No. 195728, April 19, 2016
Villanueva-Ong v. Enrile,​ G.R. No. 212904, November 22, 2017

When counterclaim exceeds court jurisdiction

Philtranco Service Enterprises Inc. v. Paras​, G.R. No. 161909, April 25, 2012

Intervention: ​Bon-Mar Realty and Sport Corp. v. Spouses de Guzman​, G.R. No. 182136-37, August 29, 2008; ​Republic v. CA, G
​ .R.
No. 174385, February 20, 2013

2. Pleadings allowed in small claim cases and cases covered by the Rules on Summary Procedure

3. Parts of a pleading
a) Caption
b) Signature and address
c) Verification and certification against forum shopping
(i) Requirements of a corporation executing the verification/certification of non-forum
shopping
d) Effect of the signature of counsel in a pleading

Rule 7, Rules of Court. Note amendments of the following sections of Rule 7: Sec. 3; Sec. 4; Sec. 5; Sec. 6 (new)

Read: Herrera, Remedial Law Vol. 1, pp. 712-760

See Sec. 8, A.M. No. 02-11-10-SC
See Sec. 5 (a), A.M. No. 02-11-11-SC
Vda. de Formoso v. PNB​, June 1, 2011
Heirs of Lazaro Gallardo v. Soliman​, G.R. No. 178952, April 10, 2013
Arevalo v. Planters Development Bank,​ G.R. No. 193415, April 18, 2012
Colegio Medico-Farmaceutico de Filipinas, Inc. v. Lim​, G.R. No. 212034, July 2, 2018
Heirs of Josefina Gabriel v. Cebrero​, G.R. No. 222737, November 12, 2018

What constitutes forum shopping: ​Brown-Araneta v. Araneta,​ G.R. No. 190814, October 9, 2013; ​Clark Development Corp. v.
Mondragon Leisure and Resorts Corp.​, G.R. No. 150986, March 2, 2007
Galang v. Peakhold Finance Corp.​, G.R. No. 233922, January 24, 2018

4. Allegations in a pleading

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 a) Manner of making allegations
(i) Condition precedent
(ii) Fraud, mistake, malice, intent, knowledge and other condition of the mind,
judgments, official documents or acts
b) Pleading an actionable document
c) Specific denials
(i) Effect of failure to make specific denials
(ii) When a specific denial requires an oath

Rule 8, Rules of Court. Note the amendments in the following sections of Rule 8: Sec. 1; Sec. 6; Sec. 7; Sec. 12 (new version)

Read: Herrera, Remedial Law Vol. 1, pp. 761-793

Tumpag v. Tumpag​, G.R. No. 199133, September 29, 2014
Santos v. Alcazar​, G.R. No. 183034, March 12, 2014
Heirs of Nicolas S. Cabigas v. Limbaco​, G.R. No. 175291, July 27, 2011
Heirs of Andres Naya v. Naya,​ G.R. No. 215759, November 28, 2016

5. Effect of failure to plead

a) Failure to plead defenses and objections

b) Failure to plead a compulsory counterclaim and cross-claim

6. Default

a) When a declaration of default is proper

b) Effect of an order of default
c) Relief from an order of default
d) Effect of a partial default
e) Extent of relief
f) Actions where default are not allowed

Rule 9, Rules of Court. Note that Rule 9 was virtually unchanged except for Sec. 3 (e) thereof.

Rule 11, Rules of Court. Note the amendments in the following sections: Sec. 1; Sec. 2; Sec. 3; Sec. 4; Sec. 6; Sec. 7; Sec. 11

Read: Herrera, Remedial Law Vol. 1, pp. 794-823

Read: Herrera Remedial Law Vol. 1, pp. 857-863
Manuel Uy and Sons, Inc. v. Valbueco, Inc.,​ G.R. No. 179594, September 11, 2013
Gajudo v. Traders Royal Bank,​ March 21, 2006
Lina v. CA​, 135 SCRA 637
Lui Enterprises v. Zuellig Pharma Corp.​, G.R. No. 193494, March 12, 2014, 719 SCRA 88
​ .R. No. 212256, December 9, 2015
Bitte v. Jonas, G
Benedicto-Muñoz v. Cacho-Olivarez​, G.R. No. 179121, November 9, 2015
Sec. 8 (2), Special Rule of Procedure on Declaration of Absolute Nullity of Void Marriage
Sec. 5 (b) and (c), Special Rule of Procedure in Legal Separation

7. Filing and service of pleadings

a) Payment of docket fees

b) Filing versus service of pleadings
c) Periods of filing of pleadings
d) Manner of filing
e) Modes of service
(i) Personal service
(ii) Service by mail
(iii) Substituted service
(iv) Service of judgments, final orders or resolutions
(v) Priorities in modes of service and filing
(vi) When service is deemed complete
(vii) Proof of filing and service
f) Notice of lis pendens

Rule 13, Rules of Court. Note the amendments in the following sections of Rule 13: Sec. 1; Sec. 2; Sec. 3; Sec. 5; Sec. 6; Sec. 9
(new version); Sec. 10 (new version); Sec. 11 (new version); Sec. 12 (new version); Sec. 13 (formerly Sec. 9); Sec. 14 (new
version); Sec. 15 (formerly Sec. 10); Sec. 16 (formerly Sec. 12); Sec. 17 (formerly Sec. 13); Sec. 18 (new); Sec. 19 (formerly Sec.
14)

Read: Herrera, Remedial Law Vol. 1, pp. 873-915

Philippine Savings Bank v. Papa,​ G.R. No. 200469, January 15, 2018
Gatmaytan v. Dolor,​ G.R. No. 198120, February 20, 2017
Gagoomal v. Villacorta​, G.R. No. 1092813, January 18, 2012, 663 SCRA 444
Valderama v. Arguelles,​ G.R. No. 223660, April 2, 2018
Homeowners Savings and Loan Bank v. Felonia​, G.R. No. 189477, February 26, 2014

8. Amendment

a) Amendment as a matter of right

b) Amendments by leave of court
c) Formal amendment
d) Amendments to conform to or authorize presentation of evidence

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 e) Different from supplemental pleadings
f) Effect of amended pleading

Rule 10, Rules of Court. Note the amendments in the following sections of Rule 10: Sec. 3; Sec. 5

Read: Herrera, Remedial Law Vol. 1, pp. 824-856

Read Regalado and Riano on issue on amendment in case of jurisdictional issues on the original pleading – no longer an issue with
the amendment of Sec. 3.

Siasoco v. CA​, G.R. No. 132753, February 15, 1999

Citystate Savings Bank v. Aguinaldo​, G.R. No. 200018, April 6, 2015
Dela Cruz v. Concep ​ cion, October 11, 2012
Dayao v. Shell Company​, G.R. No. L-32475, April 30, 1980
Diona v. Balangue​, G.R. No. 173559, January 7, 2013
Marcos-Araneta v. Court of Appeals, G ​ .R. No. 154096, April 22, 2008

G. Summons

1. Nature and purpose of summons in relation to actions in personam, in rem and quasi in rem
2. Voluntary appearance
3. Personal service

Sec. 128, Corporation Code

Sec. 190, Insurance Code; now Sec. 196 of PD 612 as amended by 10607
Sec. 76, General Banking Law of 2000, R.A. No. 8791
Onstott v. Upper Tagpos Neighborhood Association​, G.R. No. 221047, September 14, 2016
Sansio Philippines Inc. v. Mogol Jr.,​ G.R. No. 177007, July 14, 2009

4. Substituted service
5. Constructive service (by publication)
a) Service upon a defendant where his identity is unknown or where his whereabouts are
unknown
b) Service upon residents temporarily outside the Philippines
6. Extra-territorial service, when allowed
7. Service upon prisoners and minors
8. Proof of service

Rule 14, Rules of Court. Note the amendments in the following sections of Rule 14: Sec. 1; Sec. 2; Sec. 3; Sec. 4; Sec. 5; Sec. 6;
Sec. 8; Sec. 9 (new version); Sec. 11 (new); Sec. 12 (new version); Sec. 13 (new); Sec. 14 (formerly Sec. 12); Sec. 16 (formerly
Sec. 14); Sec. 17 (formerly Sec. 15); Sec. 20 (formerly Sec. 4); Sec. 21 (formerly Sec. 18); Sec. 23 (formerly Sec. 20)

Read: Herrera, Remedial Law Vol. 1, pp. 916-985

Atiko Trans Inc. and Cheng Lie Navigation Co. Ltd. v. Prudential Guarantee and Assurance Inc.,​ G.R. No. 167545, August 17, 2011
De Pedro v. Romasan Development Corp.,​ G.R. No. 194751, November 26, 2014
NM Rothschild & Sons (Australia) Ltd. v. Lepanto Consolidated Mining Co.,​ G.R. No. 175799, November 28, 2011, 661 SCRA 328
Manotoc v. CA​, 499 SCRA 21
Pascual v. Pascual​, December 4, 2009
Yuk Ling Ong v. Co,​ G.R. No. 206653, February 25, 2015
Ang v. Chinatrust​, G.R. No. 200693, April 18, 2016
Republic v. Domingo,​ G.R. No. 175299, September 14, 2011, 657 SCRA 621
Express Padala (Italia) S.P.A. v. Ocampo, G​ .R. No. 202505, September 6, 2017
Interlink Movie Houses, Inc. v. CA​, G.R. No. 203298, January 17, 2018

H. Motions

1. Motions in general

a) Definition of a motion
b) Motions versus pleadings
c) Contents and form of motions
d) Notice of hearing and hearing of motions
e) Omnibus motion rule
f) Litigated and ex parte motions
g) Pro-forma motions

Rule 15, Rules of Court. Note the amendments in the following sections of Rule 15: Sec. 2; Sec. 4 (new version); Sec. 5 (new
version); Sec. 6 (formerly Sec. 5); Sec. 8 (formerly Sec. 7); Sec. 12 (new); Sec. 13 (formerly Sec. 6 of Rule 16)

Read: Herrera, Remedial Law Vol. 1, pp. 986-1003

De los Reyes v. Ramnani,​ G.R. No. 169135, June 18, 2010
Ramos v. Teves​, A.M. No. P-12-3061, June 27, 2012; see ​Pojas v. Gozo-Dadole,​ 192 SCRA 575
Victory Liner Inc. Malinias,​ G.R. No. 151170, May 29, 2007
Zosa v. Consilium, Inc.​, G.R. No. 196765, September 19, 2018

2. Motions for bill of particulars

a) Purpose and when applied for

b) Actions of the court
c) Compliance with the order and effect of noncompliance
d) Effect on the period to file a responsive pleading

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Rule 12, Rules of Court. Rule 12 virtually remained unchanged.

Read Herrera, Remedial Law Vol. 1, pp. 864-872

3. Motion to dismiss

Note that Rule 16 has been deleted or transposed. You should identify where the provisions of Rule 16 were transposed and which
provisions of the Rule have been deleted.

a) Grounds
b) Resolution of motion
c) Remedies of plaintiff when the complaint is dismissed
d) Remedies of the defendant when the motion is denied
e) Effect of dismissal of complaint on certain grounds
f) When grounds pleaded as affirmative defenses
g) Bar by dismissal
h) Distinguished from demurrer to evidence under Rule 33

Rule 16, Rules of Court

Read: Herrera, Remedial Law Vol. 1, pp. 1004-1054
Note Art. 151, Family Code
Obando v. Figueras​, 322 SCRA 148; ​J.O.S. Managing Builders, ​ .R. No.
Inc. v. United Overseas Bank Philippines, G
219815, September 14, 2016
Film Development Council of the Philippines v. SM Prime Holdings Inc.,​ G.R. No. 197937, April 3, 2013
Caltex (Philippines), Inc.​ ​v. Aguirre, G
​ .R. Nos. 170746-47, March 9, 2016
Pacana-Contreras v. Rovila Water Supply Inc.
Maramag v. Maramag
Heirs of Magdaleno Ypon v. Ricaforte, ​G.R. No. 198680, July 8, 2013, 700 SCRA 778
Apostolic Vicar of Tabuk v. Spouses Sison,​ G.R. No. 191132, January 27, 2016
Lansangan v. Caisip, G ​ .R. No. 212987, August 6, 2018

I. Dismissal of actions

1. Dismissal upon notice by plaintiff; two-dismissal rule

2. Dismissal upon motion by plaintiff; effect on existing counterclaim
3. Dismissal due to the fault of plaintiff
4. Dismissal of counterclaim, cross-claim or third-party complaint

Rule 17, Rules of Court

Read: Herrera, Remedial Law Vol. 1, pp. 1055-1073
FAJ Construction v. Saulog,​ G.R. No. 200759, March 25, 2015
Macedonio v. Ramo,​ G.R. No. 193516, March 24, 2014
Ching v. Cheng,​ G.R. No. 175507, October 8, 2014
Blay v. Baña, G​ .R. No. 232189, March 7, 2018
Yap-Co v. Uy,​ G.R. No. 209295, February 11, 2015
Padilla v. Globe Asiatique Realty,​ G.R. No. 207376, August 6, 2014

J. Pre-trial

1. Concept of pre-trial
2. Nature and purpose
3. Notice of pre-trial
4. Appearance of parties; effect of failure to appear
5. Pre-trial brief; effect of failure to appear
6. Distinction between pre-trial in civil case and pre-trial in criminal case
7. Alternative Dispute Resolution (ADR)

Rule 18, Rules of Court

Read: Herrera, Remedial Law Vol. 1, pp. 1074-1115
A.M. No. 03-1-09-SC, August 16, 2004
A.M. No. 12-8-8-SC or Judicial Affidavit Rule
A.M. No. 11-1-6-SC-Philja (Re: Consolidated and Revised Guidelines to Implement the Expanded Coverage of CAM
and JDR
A.M. No. 14-03-02-SC (Piloting of a New System for Speedy Court Trial), Rule 22 on Preliminary Conference
Sec. 13 (a) and (b), A.M. No. 02-11-10-SC
Sec. 10 (1) and (2), A.M. No. 02-11-11-SC
RA 876
RA 9285
Aguilar v. Lightbringers Credit Cooperative​, G.R. No. 209605, January 12, 2015

K. Intervention
1. Requisites for intervention
2. Time to intervene
3. Remedy for the denial of motion to intervene

Rule 19, Rules of Court

Read: Herrera, Remedial Law Vol. 1, pp. 1116-1136
Mactan-Cebu International Airport Authority v. Heirs of Miñoza, G.R. No. 186045, February 2, 2011
Añonuevo v. Intestate Estate of Rodolfo G. Jalandoni, ​G.R. No. 178221, December 1, 2010

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 Otto Gmur Inc. v. Revilla,​ 55 Phil. 627
Saw v. Court of Appeals,​ 195 SCRA 170
Office of the Ombudsman v. Sison,​ G.R. No. 185954, February 16, 2010; See contrary rulings: ​Office of the
Ombudsman v. Samaniego, ​G.R. No. 175573, September 11, 2008; ​Office of the Ombudsman v. de
​ .R. No. 172206, July 3, 2013
Chavez, G

L. Calendar of cases and Computation of Period

Rule 20, Rules of Court

Rule 22, Rules of Court
Read: Herrera, Remedial Law Vol. 1, pp. 1137-1144
Read: Herrera, Remedial Law Vol. 1, pp. 1155-1161

oooOOOooo
M. Subpoena

1. Subpoena duces tecum

2. Subpoena ad testificandum
3. Service of subpoena
4. Compelling attendance of witnesses; contempt
5. Quashing of subpoena

Rule 21, Rules of Court

Read: Herrera, Remedial Law Vol. 1, pp. 1145-1154
Chan v. Chan​, G.R. No. 179786, July 24, 2013
People v. Montejo​, L-24154, October 31, 1967
Yu v. Court of Appeals​, G.R. No. 154115, November 29, 2005

N. Modes of discovery

1. Depositions pending action; depositions before action or pending appeal

a) When depositions may be taken
Rule 23, Sec. 1
b) What may be asked or the scope of examination in the taking of the deposition
Rule 23, Sec. 2
c) Before whom the deposition can be taken
Rule 23, Sections 10, 11, 12, 13 and 14
d) Use of deposition
Rule 23, Sec. 4
e) In case deposition is used by any party
Rule 23, Sections 3, 6 and 9
f) Effect on the taking and use of deposition
Rule 23, Sections 5, 7 and 8
g) Oral deposition -- How is it done?
Rule 23, Sec. 15
1. Things done during the taking of the deposition
Rule 23, Sections 17 and 19
2. What officer has to do after the deposition has been taken
Rule 23, Sections 20, 21 and 22
h) Written deposition – How is it done?
Rule 23, Sec. 25
1. Things done during the taking of the deposition
Rule 23, Sec. 26
2. What officer has to do after the deposition has been taken
Rule 23, Sec. 27
i) Instances when court intervenes in oral deposition proceeding:
1. Before the taking of the deposition
Rule 23, Sec. 16
2. During the taking of the deposition
Rule 23, Sec. 18
j) Instances when court intervenes in written deposition taking
1. Rule 23, Sec. 28 – same as Sections 15, 16 and 18
2. To order that the deposition shall not be taken before the officer designated in the
notice
3. To order that it shall not be taken except upon oral deposition
k) Sanctions
Rule 23, Sections 23 and 24
l) Effects of errors and irregularities in depositions
Rule 23, Sec. 29

2. Written interrogatories to adverse parties

a) Consequences of refusal to answer
b) Effect of failure to serve written interrogatories

Autographics Inc. v. CA,​ 224 SCRA 198

DFA v. BCA International Corp., G ​ .R. No. 210858, June 29, 2016
Pajarillaga v. Court of Appeals​, G.R. No. 163515, October 31, 2008
Cokaliong Shipping Lines, Inc. v. UCPB General Insurance Co. Inc.,​ G.R. No. 146018, June 25, 2003
Dulay v. Dulay,​ G.R. No. 158857, November 11, 2005
Republic v. Sandiganbayan (Africa)​, G.R. No. 152375, December 16, 2011

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 Ayala Land Inc. v. Judge Tagle,​ G.R. No. 153667, August 11, 2005
Spouses Afulugencia v. Metrobank​, G.R. No. 185145, February 5, 2014

3. Request for admission

a) Implied admission by adverse party
b) Consequences of failure to answer request for admission
c) Effect of admission
d) Effect of failure to file and serve request for admission
4. Production or inspection of documents or things
5. Physical and mental examination of persons
6. Consequences of refusal to comply with modes of discovery
7. Compare with modes of discovery available in criminal cases

Rules 23, 24, 25, 26, 27, 28 and 29, Rules of Court
Read: Herrera, Remedial Law Vol. II, 2006 Ed., pp. 1-77
Diman v. Judge Alumbres, ​G.R. No. 131466, November 27, 1998
Duque v. Yu, Jr., ​G.R. No. 226130, February 19, 2018
Eagleridge Development Corp. v. Cameron Granville 3 Asset ​ .R. No. 204700, April 10,
Management, Inc., G
2013
Compare with Criminal Procedure: See Sec. 3 (b), 2​nd​ paragraph, Rule 112
See also Secs. 13 and 15, Rule 119

O. Trial
1. Adjournments and postponements
2. Requisites of motion to postpone trial
a) For absence of evidence
b) For illness of party or counsel
3. Agreed statement of facts
4. Order of trial; reversal of order
5. Consolidation or severance of hearing or trial
6. Delegation of reception of evidence
7. Trial by commissioners
a) Reference by consent or ordered on motion
b) Powers of the commissioner
c) Commissioner’s report; notice to parties and hearing on the report

Rule 30, Rules of Court

Rule 31, Rules of Court
Rule 32, Rules of Court
Read: Herrera, Remedial Law Vol. II, pp. 78-95
Read: Herrera, Remedial Law Vol. II, pp. 96-102
Read: Herrera, Remedial Law Vol. II, pp. 103-109
A.M. No. 14-03-02-SC (Piloting of a New System for Speedy Court Trial), Rule 24 on Trial of Issues
Yu v. Basilio Magno Construction,​ G.R. No. 138701-02, October 17, 2006
Republic v. Sandiganbayan​, G.R. No. 152375, December 13, 2011, 662 SCRA 152
What if the cases are before different courts sitting in different jurisdictions, is consolidation possible? See ​Delta
Motors Sales Corp. v. Mangosing,​ 70 SCRA 598; ​Superlines Transportation Co. v. Victor,​ 124 SCRA 939;
Vallacar Transit v. Yap,​ 126 SCRA 500
Metrobank v. Sandoval​, G.R. No. 169677, February 18, 2013
Maraño v. Pryce Gases, Inc., G​ .R. No. 196592, April 6, 2015

P. Demurrer to evidence
1. Ground
2. Effect of denial
3. Effect of grant
4. Waiver of right to present evidence
5. Demurrer to evidence in a civil case versus demurrer to evidence in a criminal case

Rule 33, Rules of Court

Read: Herrera, Remedial Law Vol. II, pp. 110-112
See Rule 119, Sec. 23
Claudio v. Saraza, ​G.R. No. 213286, August 26, 2015
Republic v. de Borja, ​G.R. No. 187448, January 9, 2017

Q. Judgments and final orders

1. Judgment without trial
2. Contents of a judgment
3. Judgment on the pleadings
4. Summary judgments
a) For the claimant
b) For the defendant
c) When the case not fully adjudicated
d) Affidavits and attachments
5. Judgment on the pleadings versus summary judgments
6. Rendition of judgments and final orders
7. Entry of judgment and final order

Rule 34, Rules of Court

Rule 35, Rules of Court
Rule 36, Rules of Court

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 Read: Herrera, Remedial Law Vol. II, pp. 113-117, 118-138, 139- 2003
Agoy v. Araneta Center Inc.,​ G.R. 196358, March 21, 2012, 668 SCRA 883
Navarra v.​ ​Liongson,​ G.R. No. 217930, April 18, 2016
Multinational Village Homeowners’ Association v. Gacutan, ​G.R. No. 188307, August 2, 2017
Go v. East Oceanic Leasing and Finance Corp., G ​ .R. No. 206841-42, January 19, 2018
GSIS v. Prudential Guarantee and Assurance Inc.​, G.R. No. 165585, November 20, 2013
Estrada v. Consolacion​, 71 SCRA 523
Bank of Philippine Islands v. Yu​, January 20, 2010
Heirs of Nicolas S. Cabigas v. Limbaco,​ 654 SCRA 643
Olivarez Realty Corp. v. Castillo,​ G.R. No. 196251, July 9, 2014
Basbas v. Sayson,​ 656 SCRA 151
Philippine National Bank v. San Miguel Corp.,​ G.R. No. 186063, January 15, 2014
Fernando v. Santamaria,​ December 10, 2004
Philippine Business Bank v. Chua​, G.R. No. 178899, November 15, 2010
Imperial v. Armes, ​G.R. No. 178842, January 30, 2017

oooOOOooo

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