Professional Documents
Culture Documents
SCHOOL OF HUMANITIES
A. Bonifacio St., Baguio City, Philippines
DESCRIPTIVE TITLE:
Introduction to Legal Procedure
II.
COURSE NUMBER:
LS 27
III.
PREREQUISITE SUBJECTS
LS 1, 6, 9, 15
IV.
COURSE DESCRIPTION:
COURSE OBJECTIVES
VI.
COURSE CONTENT
Content
Prelim
I. INTRODUCTION
A. Definition of Terms;
Distinctions
1. Substantive Law and
Remedial Law
2. Constitutional mandate
on Judicial power; Power
of Judicial Review; Biraogo
v. The Philippine Truth
Commission, Gr.
Numbe
r of
Meetin
gs
(One
hour
per
meetin
g)
18
Meetin
gs
Strategies
Lecture-discussion
Socratic method
Graded recitation
Group dynamics
Creative
presentation
Supreme Court
decided cases
presentation
Page | 2
No.192935, Lagman
et.al.v. Ochoa, Gr. No.
193036, 7 December
2010
3. Requisites of Judicial
Review
4. Grave abuse of discretion
5. Justiciable Question and
Political Question; 2
Aspects of Political
Question
6. Functions of judicial
Review
7. Jurisdiction and Judgment
8. Requisites for a valid
exercise of jurisdiction
9. Estoppel by Laches; Tijam
vs. Sibonghanoy Gr. No. L21450, April 15, 1968
10. Jurisdiction and
Exercise of Jurisdiction
11. Error of Jurisdiction and
Error of Judgment
B. Classification of Jurisdiction
1. As to cases tried
2. As to nature of the cause
3. As to nature and extent of
exercise
4. As to situs
C. Courts of law and Courts of
Equity; US v. Tamporong, 31 Phil 321
D. Constitutional court and
Statutory court
E. Superior court and Inferior Court
F. Court of Record
G. Policy of Judicial Hierarchy
Page | 3
III.
4. Special Jurisdiction of
Regional Trial Court
5. Municipal Trial Court
6. Special Jurisdiction of
Municipal Trial Court
B. Criminal Cases on Original,
Concurrent and Appellate
Jurisdictions
1. Supreme Court
2. Court of Appeals
3. Regional Trial Court
4. Municipal Trial Court
C. Other Statutory Courts
1. Sandiganbayan
2. Court of Tax Appeals
IV.
Civil Procedure
A. Definition; Action and Claim;
Civil Action, Criminal Action and
Special Proceedings
B. Classification of Actions
1. as to nature
2. as to object
3. as to cause
4. as to the place of filing
C. Cause of action and Right of
Action; Requisites
1. Joinder of causes of action
2. Splitting of cause of action
D. Commencement of an
action; Filing of the civil case
E. Parties to a civil action;
Requirements
1. Indispensable Party
2. Necessary Party
3. Representative Party
4. Pro forma parties
Page | 5
5. Quasi-parties
F. Venue of Actions; Venue v.
Jurisdiction
G. Kinds of Pleadings; Parts of
Pleading
H. Summons; Motions; Motion
to dismiss
I. Pre-trial; Trial; Judgment
1. Doctrine of Res Judicata; 2
parts
2. Annulment of Judgment
3. Motion for New Trial
4. Motion for Reconsideration
Midterm
J. Appeals
1. Modes of Appeal; Rule 40Rule 45 of the Rules of Court
2. Difference of Petition for
Review on Certiorari (Rule 45)
and Special Civil Action of
Certiorari (Rule 65) of the Rules
of Court
16
Meetin
gs
Lecture-discussion
Socratic method
Graded recitation
Group dynamics
Creative
presentation
Supreme Court
decided cases
presentation
Criminal Procedure
A. Criminal Law and Criminal
Procedure
1. Systems of Criminal
Procedure
2. Criminal Jurisdiction
3. Requisites for a valid exercise
of Criminal Jurisdiction
Page | 6
B. Prosecution of offenses
1. Criminal action; Institution of
Criminal action
2. Complaint v. Information;
Contents of a valid complaint
and information
3. Rule on amendments and
substitution
4. Powers, Functions of the
Prosecutor; Department of Justice
5. Prosecution of private crimes
6. Venue
7. Prosecution of Civil actions;
Prejudicial question
C. Preliminary Investigation
1. Definition; Purpose;
Procedure; Remedies
2. Persons authorized to
conduct a preliminary
investigation
3. Rights of a person in
Preliminary investigation
4. Inquest Proceedings
D. Arrest and Search warrants
1. Constitutional Provision;
Definitions; Requisites
2. Modes of arrest and search
3. Warrant of Arrest and search
warrant; Definition; Issuance
4. Exceptions; Lawful
warrantless search and arrest
E. Bail
1. Constitutional Provision on
Bail; Definition; Requisites
2. Forms of bail; Conditions
3. Bail as a matter of right;
exceptions
4. Filing of bail; increase and
reduction; forfeiture of bail
Page | 7
13
Meetin
gs
Lecture-discussion
Socratic method
Graded recitation
Group dynamics
Creative
presentation
Supreme Court
decided cases
presentation
G. Motion to quash
1. Definition; requisites; When
to quash? General Rule;
Exception
2. Grounds for Motion to quash
3. Double Jeopardy; Definition;
Requisites
4. Provisional Dismissal
H. Pre-trial; Trial; Order of trial;
Judgment
1. Definitions; Doctrine of
continuous trial
2. Discharge of an accused to
be state witness; Requisites
3. Contents of judgment
4. Civil liability in case of
acquittal
5. Promulgation of judgment;
Rules; In absentia
I. Motion for New Trial or
Reconsideration
J. Appeals
1. Modes of Review
2. Provisional remedies in
Criminal cases
Page | 8
COURSE REQUIREMENTS
A.
B.
C.
D.
E.
F.
G.
VIII.
Creative presentation
Teaching demonstration
Quizzes, seatwork, group works
Graded recitation
Attendance
Active participation in class and group discussions
Major exams
GRADING SYSTEM
Has adopted the grading system stipulated in the SLU faculty
handbook
60% Class standing (exercises, quizzes, assignments)
40% Major exam
100% Total
IX.
REFERENCES
Noted by:
Dr. Cheryl Taclawan
Political and Social Sciences Department Head
Approved by
Lilian G. Gandeza, Ph.D, RGC
Dean- School of Humanities
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