CIVIL PROCEDURE SYLLABUS I.

BASIC CONCEPTS
Remedial Law Remedial Statute Procedural Law v. Substantive Law Retroactive Application of Procedural Law: Fresh-Period Rule Power to Promulgate Rules of Procedure Court v. Judge Court of Law v. Court of Equity Different Courts in the Philippine o Constitutional o Statutory o Tribal Courts Kinds of Actions and their Distinctions Coverage/Application of Rules of Court and its exemption/suppletory application Concept of Liberal Construction of the Rules Power of Supreme Court to Suspend its Own Rules: Grounds Rule Making Power of the Supreme Court Power of the Congress to Enact Laws Affecting the Jurisdiction of the Supreme Court Katarungang Pambarangay Law: o Purpose o Exceptions to Referral to Katarungang Pambarangay Law o Effect of Non-Compliance with Katarungan Pambarangay Law o Effect of Amicable Settlement at the Barangay Level o Execution and Repudiation of Amicable Settlement o Certificate to File Action

BASIC OF CIVIL LITIGATION PROCESS A. Complaint 1. Right of Action and Cause of action 2. Jurisdiction, Venue and Parties, Prescription and Condition Precedent a. Classification of Jurisdiction: i. General ii. Special Limited iii. Original Appellate iv. Exclusive - Concurrent (Subject to Hierarchy) Delegated v. Territorial b. How to Determine Jurisdiction c. Jurisdiction v. Venue d. Venue i. Definition

ii. in Criminal Case v. Venue Civil Case 3. Action

a. b. c. d. e. Commencement of Action (Civil Acton v. Small Claims) Commencement of Action in relation to Prescriptive Period Cause of Action v. Right of Action Basis: Civil, Criminal, Special Proceedings Classification of Action i. To determine Venue (As to subject matter) 1. Real 2. Personal 3. Mixed 4. Local 5. Transitory ii. To acquire jurisdiction over the party (Service of Summons) 1. In rem 2. In personam 3. Quasi in rem

4. Complaint a. Preparation b. Filing c. Amendment B. Summons C. Answer D. Pre- trial E. Trial F. Judgment G .Post Judgment remedies H. Execution

III. SPECIFIC TOPICS A. Cause of Action 1. 2. 3. 4. 5. 6. 7. 8. Meaning Elements of Cause of Action Cause of Action in Specific case Action vs. Cause of Action Failure to state cause of action Test of the sufficiency of a cause of action Splitting a single cause of action and its effects Joinder and Misjoinder of causes of action

9. Remedy in case of Misjoinder of cause of Actions B. Actions 1. Ordinary civil actions 2. Special civil actions 3. Criminal actions 4. Civil actions vs. Special proceedings 5. Personal actions and real actions 6. Local and transitory actions 7. Actions in rem, personam and quasi in rem 8. Independent civil actions C. Jurisdiction 1. Over the parties (Meaning and Significance) a. How jurisdiction over the plaintiff is acquired b. How jurisdiction over the defendant is acquired c. When jurisdiction over the person of the defendant is required d. Objections to Jurisdiction over the person of the defendant 2. Over the subject matter a. Meaning of jurisdiction over the subject matter b. Jurisdiction vs. Exercise of Jurisdiction c. Error of judgment vs. Error of Jurisdiction d. How is jurisdiction conferred and determined e. Doctrine of Primary Jurisdiction f. Doctrine of Adherence to Jurisdiction g. Objections to Jurisdiction over the Subject matter h. Effect of Estoppel on Objections to Jurisdiction 3. Over the Issues 4. Over the res or the property in litigation 5. Jurisdiction of Courts a. Supreme Court b. Court of Appeals c. Court of Tax Appeals d. Sandiganbayan e. Regional Trial Courts f. Family Courts g. Metropolitan Trial Courts- Municipal trial Courts h. Shariah Courts i. Over Small Claims, Rules on Summary Procedure, Barangay Conciliation j. Totality Rule D. Venue

1. 2. 3. 4. 5. 6.

Venue vs. Jurisdiction Venue of Real Actions Venue of Personal Actions Venue of actions against non residents When the rules on venue does not apply Effects of stipulation on venue

E. Parties to civil action 1. Real parties in interest, Indispensable parties, representatives as parties, necessary parties, indigent parties, alternative defendants 2. Compulsory and permissive joinder of parties 3. Misjoinder and non joinder of parties 4. Class suit 5. Suits against entities without juridical personality 6. Effect of death of a party litigant F. Pleadings 1. Kinds of pleadings a. Complaint b. Answer i. Negative defense ii. Negative pregnant iii.Affirmative defenses c. Counterclaims i. Compulsory counter claim ii. Permissive counter claim iii. Effect on the counterclaim when the complaint is dismissed d. e. f. g. h. Cross- claims Third (Fourth, etc,) party claims Complaint -in- Intervention Reply Pleadings allowed in Small Claims and cases covered by the Rules on Summary Procedure.

2. Parts of a pleading a. Caption b. Signature and address c. Verification and certification against forum shopping

d. Effect of signature of a counsel in a pleading

3. Allegations in a pleading 4. Manner of making allegations a. Condition precedent b. Fraud, mistake, malice, intent, knowledge and other condition of mind. Judgment, official documents or acts. 5. Pleading an actionable document 6. Specific denials a. Effect of failure to make specific denials b. When a specific denial requires an oath 7. Effect of failure to plead defenses and objections a. Failure to plead defenses and objections b. Failure to plead a compulsory counterclaim and cross claim 8. Default a. b. c. d. e. f. when a declaration of default is proper Effect of an order of default relief from an order of default effect of partial default extent of relief action where default is not allowed

9. Judgment on the pleadings 10. Summary Judgment 11. Efficient Use of Paper Rule

G. Filing and service of pleadings 1. 2. 3. 4. 5. payment of docket fees filing vs. service of pleading periods of filing pleadings manner of filing mode of service a. personal service b. service by mail c. substituted service d. service of judgments, final orders or resolutions e. priorities in the modes of service and filing

f. when service is deemed complete g. proof of filing service H. Amendment 1. 2. 3. 4. 5. 6. amendment as a matter of right amendments by leave of court formal amendment amendments to conform to or authorize presentation of evidence amendment vs. supplemental pleadings effect of amended pleading

I. Dismissal by Plaintiff (rule 17) 1. Dismissal by mere notice of dismissal 2. Dismissal by filing motion to dismiss 3. Dismissal due to the fault of the plaintiff J. Summons 1. Nature and Purpose of summons in relation to actions in personam, in rem and quasi in rem 2. voluntary appearance 3. substituted service a. how substituted service is made b. Manotoc vs. CA 4. constructive service by publication a. Service upon a defendant where his identity is unknown or is whereabouts are unknown b. Service upon residents temporarily outside the Philippines 5. Extra territorial service, when allowed 6. Service upon prisoners and minors 7. Proof of service K. Proceedings after service of summons a. Motion for bill of particulars b. Motion to dismiss L. Pre trial a. Nature and purpose b. Notice of pre trial c. Appearance in pre trial d. Effect of failure to appear by the plaintiff e. Effect of failure to appear by the defendant

M. Modes of Discovery a. Meaning and purpose b. Modes of discovery N. Trial O. Demurrer to evidence a. rule 16 vs. rule 33 b. demurrer to evidence in civil case vs. demurrer to evidence in criminal case IV. Judgment A. Post Judgment remedies 1. Remedies before a judgment becomes final and executory a. Rule 37- motion for reconsideration b. Rule 37- motion for new trial c. Appeals i. Rule 40- Appeal from MTC to RTC ii. Rule 41- Appeal from RTC to CA iii. Rule 42- Petition for Review from RTC to CA iv. Rule 45- Appeal by Certiorari to the SC 2. Remedies after a judgment has become Final and Executory a. Rule 38-Petition for Relief or Relief from Judgments, Orders or other Proceedings b. Rule 47-Annulment of Judgment or Final Orders or Resolutions c. Rule 65 Certiorari d. Collateral attack of a Judgment V. Execution of Judgments A. Modes of execution of Judgment B. Revival of Judgment C. When the 5 year period is interrupted D. Discretionary Execution ( requisites) 1. Good reasons for discretionary execution 2. Posting of a bond as a reason for discretionary execution 3. Execution for a judgment for the delivery or restitution of a real property 4. Property exempt from execution a. Principle of terceria b. Remedy when the judgment is unsatisfied c. Effect of foreign judgment or final order VI. Provisional Remedies A. Nature and purpose B. Kinds of provisional remedies

1. 2. 3. 4. 5.

Preliminary Attachment Preliminary Injunction Receivership Replevin Support Pendente Lite

VII. Special Civil Actions A. Interpleader B. Declaratory relief and Other similar remedies C. Review of Judgments and Final orders or resolutions of the COMELEC and COA D. Certiorari, Prohibition and Mandamus e. Quo warranto f. Expropriation i. Forclosure of Real estate mortgage j. Partition k. Forcible Entry and Unlawful Entry l. Contempt