CIVIL PROCEDURE

SYLLABUS
(Chato Ancheta Cabigas-Punzalan)
I. 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
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
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.

Over the parties (Meaning and Significance)

a.
b.

How jurisdiction over the plaintiff is acquired

How jurisdiction over the defendant is acquired
Rapid City Realty v. Villa, February 11, 2010
c. When jurisdiction over the person of the defendant is required
d. Objections to Jurisdiction over the person of the defendant
Boston Equity Resources v. CA Jun 19 2013
3.

Over the subject matter

a. Meaning of jurisdiction over the subject matter
Ursua v. Republic, January 24, 2012
b. Jurisdiction vs. Exercise of Jurisdiction
c. Error of judgment vs. Error of Jurisdiction
d. How is jurisdiction conferred and determined
Ursua v. Republic, January 24, 2012
City of Dumaguete v. PPA, August 24, 2011
e. Doctrine of Primary Jurisdiction
Province of Aklan v. Jody King Construction, November 27, 2013
f.
Doctrine of Adherence to Jurisdiction
Lucia Barrameda v. Rural Bank of Canaman, Inc, November 24, 2010
g. Doctrine of Judicial Stability or Non-Interference
PAFIN v. EJI Yanagisawa April 11 2012
h. Doctrine of Hierarchy of Courts
Dy v. Hon. Palamos, September 11, 2013
i.
Objections to Jurisdiction over the Subject matter
Republic v. Batigue Point Development Chhorp, March 14, 201
j.
Effect of Estoppel on Objections to Jurisdiction
Tijamv.Sibonghanoy
k. Payment of Filing Fee/Docket Fee Julian v. DPB December 7, 2011
FEDMAN Development Corp v. Agcaoili, August 31, 2011
Sun Insurance v. CA

4.
5.
6.

Over the Issues

Over the res or the property in litigation
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

Case: Copioso v. Copioso [2002]

7. Small Claims Procedure
8. Rules on Summary Procedure
II. SPECIFIC TOPICS
A. CAUSE OF ACTION
1.
2.
3.
4.
5.

Meaning
Elements of Cause of Action
Cause of Action in Specific case
Right of Action vs. Cause of Action
Commencement of Action

6.
7.
8.
9.
10.
11.

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

D.

PARTIES TO CIVIL ACTION

1.

Real parties in interest

Magallanes v. Palmer Asia Inc., July 18, 2014
a. Citizen suit in environmental cases
b. Civil Forfeiture
c. Derivative Suit

2.

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.
8.

Necessary parties
Indigent parties
Alternative defendants
Compulsory and permissive joinder of parties
Misjoinder and non-joinder of parties
Orpiano v. Sps. Tomas, January 14, 2013

9.

SpsGenato v. Viola, February 5, 2010

Class suit
Complexv. Fil-Estate, march 5, 2012
Newsweek v. IAC, May 30, 1986

10. Suits against entities without juridical personality

11. Effect of death of a party litigant
Napere v. Barbarona, January 31, 2008
12. Transfer of Interest
13. Actions that do/and do not survived
E.
1.
2.

3.
4.
5.
6.

VENUE
Venue vs. Jurisdiction
Venue of Real Actions

Ang v. Sps. Ang, August 22, 2012

Emergency Loan pawnshop v. CA, Febraury 28, 2001
Sps. Ochoa v. China Banking Corp March 23, 2011
Venue of Personal Actions
Venue of actions against non residents
When the rules on venue does not apply
Effects of stipulation on venue

F.

PLEADINGS

1.

Efficient Use of Paper Rule (A.M. 11-09-04-SC)

2.

Kinds of pleadings

a.
b.

Complaint
Answer
i.
Negative defense
ii.
Negative pregnant
iii.
Affirmative defense
iv.
SLAPP Defense (A.M. 09-06-08-SC)

c.

Counterclaims
i.
ii.
iii.

d.
e.
f.
g.
h.
i.
j.

3.

Compulsory counter claim

Permissive counter claim
Effect on the counterclaim when the complaint is dismissed

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.

Certification against forum shopping

Jacinto v. Gumaru, Jr., June 2, 2014

e.

Forum Shopping
Jose v. Javellana, January 25, 2012
Mediserv v. CA, April 5, 2010

4.
5.

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.

Pleading an actionable document

Ledda v. BPI, November 21, 2012
Sps Fernando v. Alcazar, March 12, 2014
Casent Realty Corp v. Philbanking Corpo, September 14, 2007

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.

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

G.
1.

FILING AND SERVICE OF PLEADINGS

Payment of docket fees
Sun Insurance Corp v. CA

2.
3.
4.
5.

H.

Do-All Metal Industries v. Security Bank, January 10, 2011

Rizal et al., v. naredo et al., March 14, 2012
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
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
Manotoc vs. CA, G.R. No. 130974 August 16, 2006
4. Constructive service by publication
5. 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, 201k0
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
1. Dismissal by mere notice of dismissal
2. Dismissal by filing motion to dismiss
3. Dismissal due to the fault of the plaintiff
O. MODES OF DISCOVERY
1. Modes
2. Purpose
3. Refusal to Comply with Modes of Discovery
P. Pre trial
NPC V. JUDGE ADIONG, July 27, 2011
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
Q. Trial
R. Demurrer to evidence
1. rule 16 vs. rule 33

2. demurrer to evidence in civil case vs. demurrer to evidence in criminal case

S. Judgment
1. Judgement v Decision
2. Requisites of a Valid Judgment
3. Clarificatory Judgment
4. Interlocutory Orders
5. Memorandum Decisions
6. Stare Decisis
7. Res Judicata
8. Pro Hac Vice
9. Several Judgment
10. Separate Judgment
11. Judgment Sin Perjuico
12. Conditional Judgment
13. Judgment Nun Pro Tunc
14. Judgment Upon a Compromise
15. Judgment Upon a Confession
T. Judgment on the Pleadings

Basbas et al., v. Sayson et al., G.R. No. 172660, August 24, 2011

U. Summary Judgment

Buncayao Sr., v. Fort Illocandia, April 19, 2010

MARINA v. Marc Properties, Feburay 15, 2012
Heirs of Cabigas v. Limbaco, July 27, 2011

III. POST JUDGMENT REMEDIES

A. Post Judgment Remedies
a. Motion for Reconsideration
b. Motion for New trial
c. Appeal
i. Appeal from the MTC to RTC
ii. Appeal from the RTC to CA
iii. Petition for Review from the RTC to CA
iv. Appeal by Certiorari to the Supreme Court
v. Appeal by Quasi-Judicial Bodies to the CA
vi. Appeal from the Sandiganbayan
vii. Appeal from the CTA
viii. Appeal from the COMELEC
ix. Appeal from the COA
x. Appeal from the CSC
xi. Appeal from the Office of the President
xii. Review of Resolution of the Secretary of Justice
B. REMEDIES AFTER JUDGMENT HAS BECOME FINAL AND EXECUTORY
a. Petition for Relief from Judgment
b. Annulment of Judgment
c. Certiorari
d. Collateral Attack of a Judgment
IV. EXECUTION AND SATISFACTION OF JUDGMENT