Professional Documents
Culture Documents
COURSE OUTLINE
1ST SEMESTER, AY 2015-2016
DE LA SALLE UNIVERSITY COLLEGE OF LAW
JUDGE ANNE PERPETUAL S. RIVERA-SIA
INTRODUCTION
1. Concept of Remedial Law
1.1.
Remedial Law v. Substantive Law
1.2.
Application of Procedural Rules
1.3.
Effect
1.4.
Scope of Civil Procedure
2. Rule-Making Power of the Supreme Court
2.1.
Article VIII, Constitution
2.2.
Power to Amend and Power to Suspend
2.3.
Limitations
2.4.
Rule on Liberal Construction
3. Nature of the Philippine Courts
3.1.
Equity Jurisdiction
3.2.
Principle of Judicial Hierarchy
3.3.
Doctrine of Judicial Stability
Pertinent Rules: Rule 1, 1997 Rules of Civil Procedure
Annotations: Willard B. Riano, Civil Procedure (The Bar Lecture Series), Vol. 1, 2014 ed.
Jurisprudence:
Neypes v. CA (469 SCRA 633)
Apo Fruits Corp. v. Land Bank (632 SCRA 727)
Tan v. Bausch & Lomb, Inc. (December 15, 2005)
Cabili v. Balindong, AM No. RTJ-10-2225, September 6, 2011
Spouses Bergonio v. Court of Appeals (January 25, 2012)
JURISDICTION
1. Jurisdiction in General
2. Jurisdiction of Courts
2.1.
Supreme Court and Appellate Courts
2.2.
Regional Trial Court
2.3.
Family Courts
2.4.
Metropolitan Trial Courts/Municipal Trial Courts
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Applicable Laws: Batas Pambansa Blg. 129 as amended, Republic Act 7691, Republic Act
8369,
Annotations: Willard B. Riano, Civil Procedure (The Bar Lecture Series), Vol. 1, 2014 ed.
Jurisprudence:
Sante v. Claravall (February 22, 2010)
Heirs of Bautista v. Lindo (March 10, 2014)
Padlan v. Dinglasan (March 20, 2013)
Genesis Investment v. Heirs of Ebarasabal (November 20, 2013)
Gomez v. Montalban (March 14, 2008)
Tumpag v. Tumpag (September 29, 2014)
Lu v. Lu Ym (February 15, 2011)
Do-All Metal Industries Inc. v. Security Bank Corp. (January 10, 2011)
Barrameda Vda, de Ballesteros v. Rural Bank of Canaman, Inc., (November 24, 2010)
Lamsis v. Dong-e, (October 20, 2010)
De Joya v. Marquez, GR No. 162416, January 31, 2006
ORDINARY CIVIL ACTIONS
Filing of Complaint and other Preliminary Matters
1. Definition of Pleading
2. Complaint as a type of pleading
2.1.
Manner of Making Allegations
2.1.1. Ultimate Facts
2.1.2. Capacity to Sue and to be Sued
2.1.3. Fraud, mistake, condition of the mind
2.1.4. Pleading a judgment
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6.9.
6.10.
6.11.
6.12.
7. Venue
7.1.
7.2.
7.3.
7.4.
7.5.
Pertinent Rules: Rules 2-4, 6-8, 10, 1997 Rules of Civil Procedure, A.M. No. 00-2-10-SC
dated May 1, 2000, Bar Matter No. 1922 amended on January 14, 2014
Annotations: Willard B. Riano, Civil Procedure (The Bar Lecture Series), Vol. 1, 2014 ed.
Jurisprudence:
Selga v. Brar (September 21, 2011)
Ang v. Ang (August 22, 2012)
Pua v. Deyto (November 26, 2012)
Regalado v. Regalado (June 6, 2011)
Ballatan v. Court of Appeals (March 2, 1999)
Macaslang v. Zamora (May 30, 2011)
Brown-Araneta v. Araneta (October 9, 2013)
Formoso v. PNB (June 1, 2011)
Cosco Phils. Shipping v. Kemper Insurance Co. (April 23, 2012)
Ledda v. BPI (November 21, 2012)
Aquino v. Aure, GR No. 153567, February 18, 2008
On Filing and Service of Pleadings, Judgments and Orders
1. Definition of Filing
1.1. Manner of Filing
1.2. How to Prove Filing
2. Definition of Service
2.1. Upon whom service shall be made
2.2. Service upon counsel representing several parties
2.3. How to prove service
3. Papers required to be filed and served
4. Service of Judgments, Final Orders and Resolutions
5. Modes of Service
5.1. Personal Service
5.2. Service by Registered Mail
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When to File
Specific Denial
Negative Defenses and Affirmative Defenses
How to contest an Actionable Document
Effect of Failure to Plead Defenses and Objections
Compulsory Counterclaim vis--vis Permissive Counterclaim
1.6.1. Effect of Failure to Plead Counterclaim
Cross-claim
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1.8.
1.9.
1.10.
1.11.
1.12.
6.3.
4.3.
4.4.
4.5.
Effect of grant
Waiver of right to present evidence
Distinction as to demurrer to evidence in a criminal case
2.
Appeal
2.1. Judgments and orders that are appealable
2.2. Judgments and orders not subject of appeal
2.3. Period to File Appeal
2.4. Perfection of Appeal
2.5. Issues that may be raised on appeal
2.6. Notice of Appeal vis--vis Record on Appeal
2.7. Dismissal of Appeal
2.7.1. Dismissal of appeal before the RTC
2.7.2. Dismissal of appeal before the Court of Appeals
2.7.3. Dismissal of appeal before the Supreme Court
3.
Modes of Appeal
3.1. Ordinary Appeal
3.2. Petition for Review
3.3. Appeal by Certiorari
3.3.1. Questions of law vis--vis Questions of fact
3.3.2. What may be reviewed on appeal by certiorari
3.3.3. When questions of fact may be passed upon
4.
5.
6.
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7.
8.
9.
10.
11.
12.
IX.
X.
XI.
XII.
PROVISIONAL REMEDIES
Nature of Provisional Remedies
Provisional Remedies under the Rules of Court
1. Preliminary Attachment
1.1. Definition and Purpose
1.2. Requirements and Procedure for the Issuance
1.3. Grounds for the Issuance
1.4. Stages in the Implementation of the Writ
1.5. Discharge of Attachment and filing of counterbond
1.6. Recovery of Damages
2. Preliminary Injunction
2.1. Definition and Nature
2.2. When writ is granted
2.3. Classes of Preliminary Injunction
2.4. Requirements and Procedure for the Issuance
2.5. Temporary Restraining Order
2.6. Prohibition on injunction under special laws
3. Receivership
3.1. What is a Receiver?
3.2. Grounds for the grant of receivership
3.3. Denial of application for receivership
3.4. Appointment of Receiver
3.5. General Powers of Receiver
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4. Replevin
4.1. Definition and Nature
4.2. Requirements and Procedure for the Issuance
4.3. How to seek return of the property
4.4. When property is claimed by third person
5. Support Pendente Lite
5.1. Requirements for Application
5.2. Nature
5.3. Factors in determining support
5.4. Procedure and Enforcement
Applicable Rule: Rules 57-61, 1997 Rules of Civil Procedure
Annotations: Willard B. Riano, Civil Procedure (The Bar Lecture Series), Vol. 2, 2012 ed.
Jurisprudence:
Davao Light & Power Co.,Inc. v. CA (December 29, 1991)
Sofia Torres, et.al. v. Nicanor Satsatin, et.al. (November 25, 2009)
Lim v. Spouses Lazaro (July 3, 2013)
Buyco v. Baraquia (December 21, 2009)
Medina v. Greenfield Development Corp. (November 19, 2004)
Commodities Storage & Ice Plant Corp. v. CA (June 19, 1997)
BA Finance Corp. v. CA (July 5, 1996)
Distilleria Washington, Inc. v. Court of Appeals, 331 Phil. 622
Twin Ace Holdings Corporation v. Rufina and Company (June 8, 2006)
Susan Lim-Lua v. Danilo Lua (June 5, 2013)
SPECIAL CIVIL ACTIONS
Nature of Special Civil Actions
As distinguished from Ordinary Civil Actions
Jurisdiction and Venue
Special Civil Actions under the Rules of Court
Applicable Rule: Rules 62-71, 1997 Rules of Civil Procedure
Annotations: Willard B. Riano, Civil Procedure (The Bar Lecture Series), Vol. 2, 2012 ed.
1. Interpleader
1.1. Purpose
1.2. When interpleader is proper
1.3. Interpleader vis--vis intervention
1.4. Adjudication
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Jurisprudence
Lui Enterprises v. Zuellig Pharma, March 12, 2014
Ocampo v. Tirona, April 6, 2005
2. Declaratory Relief and Similar Remedies
2.1. Purpose
2.2. Types of actions under Rule 63
2.3. Requisites and subject matter of declaratory relief
2.4. Special Issues on Declaratory Relief
2.5. Examples of Similar Remedies
Jurisprudence
Malana, et.al., v. Tappa, et.al., September 17, 2009
Galicto v. Pres. Aquino, February 28, 2012
3. Review of Judgments and Final Orders or Resolutions of COMELEC and COA
3.1. Application of Rule 65 under Rule 64
3.2. Distinction in the application of Rule 65 to judgments of the Comelec and
COA and the application of Rule 65 to other tribunals, persons and officers
Jurisprudence
Lokin, Jr. v. COMELEC, June 26, 2012
Pates v. COMELEC, June 30, 2009
4. Certiorari, Prohibition, and Mandamus
4.1. Certiorari
4.1.1. Nature of the remedy of certiorari
4.1.2. Certiorari distinguished from appeal
4.1.3. Petition for Certiorari vis--vis Petition for Review on Certiorari
4.1.4. Application of Judicial Courtesy
4.1.5. Exceptions to the requirement of a prior Motion for Reconsideration
4.1.6. Requirements for filing the petition
4.1.7. Parties to the petition
4.1.8. Grounds for dismissal
4.1.9. Effect of judgment
4.2. Nature of the remedy of prohibition
4.2.1. Requisites for the issuance of writ of prohibition
4.2.2. Prohibition distinguished from injunction and certiorari
4.2.3. Prohibition as an original action
4.3. Nature of the remedy of mandamus
4.3.1. Requisites for mandamus to be available
4.3.2. Ministerial act distinguished from discretionary act
4.3.3. Mandamus vis--vis injunction
4.3.4. Mandamus vis--vis prohibition
4.3.5. Effect of judgment in mandamus
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Jurisprudence
Pascual v. Robles, June 22, 2011
Crisologo v. JEWM Agro-Industrial Corp., March 3, 2014
GSIS v. De Leon, November 17, 2010
A.L. Ang Network Inc. v. Mondejar, January 22, 2014
Kalipunan ng Damayang Mahihirap v. Robredo, July 22, 2014
5. Quo Warranto
5.1. Nature and purpose of the action
5.2. Quo warranto distinguished from mandamus
5.3. Quo warranto distinguished from an election protest
5.4. Parties to the petition
5.5. Role of the Solicitor General or Public Prosecutor
5.6. Venue
5.7. Quo warranto in an elective office and Quo warranto in an appointive office
5.8. Effect of judgment
5.9. Limitations on the period to file action
Jurisprudence
Calleja, et.al., v. Panday, et.al., February 28, 2006
6. Expropriation
6.1. Power of Eminent Domain in relation to Expropriation
6.2. Institution of expropriation proceeding
6.3. Parties to the proceeding
6.4. Stages in Expropriation
6.4.1. Determination of authority to expropriate
6.4.1.1. Filing of the Complaint
6.4.1.2. Defenses and Objections
6.4.1.3. Issuance of Order of Expropriation
6.4.2. Determination of just compensation
6.4.2.1. Appointment of commissioners
6.4.2.2. Proceedings before the commissioners
6.4.2.3. Action upon the commissioners report
6.4.2.3.1. Rendition of Judgment as to compensation
6.4.2.3.2. Remedy of Appeal, effect
6.5. Entry upon the property and possession thereof
6.5.1. Deposit and Notice under Rule 67
6.5.2. Application of RA 8974 anent immediate payment
6.6. Payment of Just Compensation
6.6.1. Right of plaintiff after judgment and acceptance of payment
6.6.2. Refusal to accept payment
6.6.3. Effect of Non-payment
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