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7.

f)

Filing and service of pleadings v


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
Notice of lis pendens

Rule 13, Rules of Court


Read: Herrera, Remedial Law Vol. 1, pp. 873-915
Benguet Electric Coop v. NLRC, 209 SCRA 55
City of Dumaguete v. Philippine Ports Authority, G.R. No.
168973, August 24, 2011, 656 SCRA 102
Gagoomal v. Villacorta, G.R. No. 1092813, January 18,
2012, 663 SCRA 444
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
e)
Different from supplemental
pleadings f) 1

Rule 10, Rules of Court


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
Swagman Hotels and Travel Inc. v. Court of Appeals, 455
SCRA 175
Siasoco v. CA, G.R. No. 132753, February 15, 1999
Dela Cruz v. Concepcion, 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
Ong Peng v. Custodio, 1 SCRA 780 and Pan Asiatic Travel
Corp. v. CA, G.R. No. L-62781, August 19, 1988

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

Sansio Philippines Inc. v. Mogol Jr., G.R. No. 177007, July


14, 2009
4.
5.

6.

Substituted service
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
Extra-territorial service, when allowed

7.
8.

Service upon prisoners and minors


Proof of service

Rule 14, Rules of Court


Read: Herrera, Remedial Law Vol. 1, pp. 916-985
Philamlife v. Breva, 442 SCRA 217
Atiko Trans Inc. and Cheng Lie Navigation Co. Ltd. v.
Prudential Guarantee and Assurance Inc., G.R. No. 167545,
August 17, 2011
NM Rothschild & Sons (Australia) Ltd. v. Lepanto
Consolidated Mining Co., G.R. No. 175799, November 28,
2011, 661 SCRA 328
French Oil Mill Machinery Co. Inc. v. CA, G.R. No. 126477,
September 11, 1998
Northwest Orient Airlines Inc. v. CA, G.R. No. 112573,
February 9, 1995
The Dial Corp. v. Soriano, G.R. No. L-82330, May 31, 1988
Kawasaki Port Service Corp. v. Amores, G.R. No. L-58340,
July 16, 1991, 199 SCRA 230
Banco de Brasil v. CA, G.R. No. 121576-78, June 16, 2000
A.M. No. 11-3-6-SC
Samartino v. Raon, July 3, 2002
Asiavest Limited v. Court of Appeals, September 25, 1998
Manotoc v. CA, 499 SCRA 21
Pascual v. Pascual, December 4, 2009
Republic v. Domingo, G.R. No. 175299, September 14,
2011, 657 SCRA 621

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


Read: Herrera, Remedial Law Vol. 1, pp. 986-1003
Barcelonia v. Court of Appeals, G.R. No. 143440, February
11, 2003
Jehan Shipping Corp. v. NFA, 477 SCRA 781
City of Dumaguete v. PPA, 656 SCRA 102
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
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

Rule 12, Rules of Court


Read Herrera, Remedial Law Vol. 1, pp. 864-872
3.

Motion to dismiss
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
Film Development Council of the Philippines v. SM Prime
Holdings Inc., G.R. No. 197937, April 3, 2013
Maramag v. Maramag, G.R. No. 181132, June 5, 2009
Koppel Inc. v. Makati Rotary Club Foundation, Inc., G.R. No.
198075, September 4, 2013

I.

Dismissal of actions
1.
Dismissal upon notice by plaintiff; twodismissal 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
Strongworld Construction Corp. v. Perello, 496 SCRA 700
Pinga v. Heirs of German Santiago, 494 SCRA 393