Professional Documents
Culture Documents
BASIC CONCEPTS
Remedial Law
Remedial Statute
Procedural Law v. Substantive Law
Bustos v Lucero, October 20, 1948
Retroactive Application of Procedural Law: Fresh-Period Rule
Neypes Doctrine
Rodriguez v. People, October 24, 2012
San Lorenzo Ruiz Builders v. Bayang, April 20, 2015
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
Cabrera v. Ng, March 12, 2014
Negros Slashers, INc., v. Alvarez, et al., February 22, 2012
Cebu Bionic Builders Supply v. DBP, November 17, 2010
Power of Supreme Court to Suspend its Own Rules: Grounds
Garcia v. CA, January 28, 2013
Rule Making Power of the Supreme Court
GSIS v Caballero, October 4, 2010
Power of the Congress to Enact Laws Affecting the Jurisdiction of
the Supreme Court
Katarungang Pambarangay Law:
o Purpose
Aquiono v. Laure, February 18, 2008
o Exceptions to Referral to Katarungang Pambarangay Law
Sanbanun v. Go, February 2, 2010
o Effect of Non-Compliance with Katarungan Pambarangay Law
o Effect of Amicable Settlement at the Barangay Level
Miguel v. Montanez, January 25, 2012
o Execution and Repudiation of Amicable Settlement
Vidal et al., v. Escueta, December 10, 2003
o Certificate to File Action
Meaning
Elements of Cause of Action
Cause of Action in Specific case
Right of Action vs. Cause of Action
Commencement of Action
Commencement of Action in relation to Prescriptive Period
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
Remedy in case of Misjoinder of cause of Actions
B.
1.
2.
3.
4.
5.
ACTIONS
Ordinary civil actions
Special civil actions
Criminal actions
Civil actions vs. Special proceedings
Independent civil actions
C.
JURISDICTION
1.
Classification of Jurisdiction
a. General
b. Special
c. Limited
d. Original
e. Appellate
f. Exclusive
g. Concurrent (Subject to Hierarchy)
h. Delegated
i. Territorial
2.
a.
b.
I
4.
5.
6.
Indispensable parties
Contreras v. Rovila Water Supply, December 2, 2013
Guy v. Guy, September 5, 2012
Arcelona v. CA, Oct 2 1997
Go v. Distingction Properties Development, April 25, 2012
3.
Representatives as parties,
Ang v. Sps. Ang, August 22, 2012
4.
5.
6.
7.
Necessary parties
Indigent parties
Alternative defendants
Compulsory and permissive joinder of parties
8.
9.
Class suit
Complex v. Fil-Estate, march 5, 2012
Newsweek v. IAC, May 30, 1986
VENUE
4.
5.
6.
F.
PLEADINGS
1.
2.
a. Complaint
b. Answer
i. Negative defense
ii.
Negative pregnant
iii.
Affirmative defense
iv.
iv. SLAPP Defense (A.M. 09-06-08-SC)
I'm
c. Counterclaims
i.
ii.
iii.
d.
e.
f.
g.
h.
i.
j.
3.
Cross- claims
Third (Fourth, etc,) party claims
Complaint -in- Intervention
Reply
Rejoinder
Pleadings allowed in Small Claims
Pleadings allowed under the Rules on Summary Procedure.
Bungcayao v. Fort Ilocandia, et al., April 19, 2010
Quintanilla v. CA, September 24, 1997
Parts of a pleading
a.
b.
c.
Caption
Signature and address
Verification
Martos, et al., v New San Jose Builders, October 24, 2012
Congressman Lucy Torres v. Codilla, Jr., March 20, 2012
d.
e.
Forum Shopping
Jose v. Javellana, January 25, 2012
Allegations in a pleading
Manner of making allegations
a. Condition precedent
b. Fraud, mistake, malice, intent, knowledge and other condition
of mind. Judgment, official documents or acts.
6.
7.
Specific denials
a. Effect of failure to make specific denials
b. When a specific denial requires an oath
Republic v. Conjuanco, et al., April 12, 2011
8.
2.
3.
4.
5.
H.
3.
4.
5.
Substituted service
Manotoc vs. CA, G.R. No. 130974 August 16, 2006
Constructive service by publication
Service upon a defendant where his identity is unknown or is
whereabouts are unknown
6. Service upon residents temporarily outside the Philippines
7. Extra territorial service, when allowed
8. Service upon prisoners and minors
9. Proof of service
10.
A.M. No 11-3-6, March 15, 2011
EB Villarosa v. Benito, August 6, 1999
Manotoc v. CA, August 16, 2006
Banco do Brasil v. CA
Gentle Supreme Philippines v. CA, September 1, 2010
Lucas v. Lucas, June 6, 2011
Palma v. Hon. Galvez, March 10, 2010
Atiko Trans Inc., et al., v. Prudential Guarantee and Assurance,
August 17, 2011
HB Zachary v. CA, 232 SCRA 329
Optima Realty Corporation v. Hertz Phils Exclusive Cars, January
8, 2013
Planters Development Bank v. Chandumal, Septermber 5, 2012
JAPRL v. Security Bank, June 6, 2011
Go v. Cordero, May 4, 2010
Rapid City Realty v. Villa, et al., February 11, 2010
Lhuillier v. British Airways, March 15, 2010
I. DEFAULT
1. when a declaration of default is proper
2. Order of Default
3. Judgment By Default
4. Effect of an order of default
5. Relief from an order of default
6. Effect of partial default
7. Extent of relief
8. Action where default is not allowed
Sablas v. Sablas, July 3, 2007
Magdiwang Realty et al., v. The Manila Banking Corp, September
5, 2012
Lim v. NPC, November 14, 2012
J. MOTION
1. Kinds
a. Motion ex-parte
b. Motion of courses
c. Litigated Motion
d. Non-litigated Motion
2. Forms of Motion
a. Oral
b. Written
3. Requirements for Valid Written Motion
4. Section 4, 5, and 6 of Rule 15
a. Effects of non-compliance
Anama v. PSB, F.R. No. 187021, January 25, 2012
Manila Electric Company v. La Compana Food
Products, Inc, G.R. No. 97535 August 4, 1995
b. Exception
Cabrera v. Ng, G.R. No. 201601, March 12, 2014
5. Omnibus Motion Rule
a. Exceptions
6. Motion for Leave
K. AMENDMENT
1. Manner of Amendment
2. Amendment as a matter of right
3. Amendments by leave of court
4. Formal amendment
5. Amendments to conform to or authorize presentation of evidence
6. Amended vs. supplemental pleadings
7. Effect of amended pleading
Campos Rueda Corp, v. Bautista, G.R. No. L-18453
September 29, 1962
Siasoco v. CA, GR. No. 132096, August 22, 2008
Tiu v. Phil Bank Of Communication, August 19, 2009
Lisam Enterprises, Inc. v BDO, G.R. No. 143264, April 23, 2012
L. MOTION FOR BILL OF PARTICULARS
1. Purpose
2. Action on Court on the Motion
3. Compliance Order
4. Effect of Non-Compliance
M. MOTION TO DISMISS
1. Grounds
2. Remedy in case of Denial of a Motion to Dismiss
3. Effects of Dismissal of a Motion to Dismissal
4. Distinction Motion to Dismiss and Demurrer to Evidence
N. Dismissal by Plaintiff