Professional Documents
Culture Documents
CIVIL PROCEDURE
Prepared by
PRELIMINARY CONSIDERATIONS
1
7. BPI Family Savings Bank, Inc., vs. Spouses Benedicto and Teresita
Yujuico, G.R. No. 175796, July 22, 2015
8. Ana Lou B. Navaja vs. Hon. Manuel A. De Castro, etc., G.R. No. 182926,
June 22, 2015
9. First Sarmiento Holdings, Inc. v. Philippine Bank of Communications,
G.R. No. 202836, June 10, 2018
1. Rules of Court
2. Requirements as to Validity of Rules
3. Extent and Scope of the Power to Promulgate Rules of Pleading and
Practice
4. Force and Effect of the Rules
5. Authority of the Supreme Court to suspend rules
6. Salvador Estipona, Jr., y Asuela v. Hon. Frank E. Lobrigo, G.R. No.
226679, August 15, 2017
2
10. Jurisdiction of the Court of Tax Appeals over Tax Collection Cases
11. Dando A. Duncano vs. Hon. Sandiganbayan and Hon. Office of the
Special Prosecutor, G.R. No. 191894, July 15, 2015
QUASI-JUDICIAL AGENCIES
CONSTITUTIONAL COMMISSIONS
3
JUDICIAL REVIEW OF FINAL DECISIONS OF ADMINISTRATIVE
AGENCIES
4
6. Compulsory and permissive joinder of parties; misjoinder and non-
joinder of parties
7. Suits against entities without juridical personality
8. Representative parties: executor or administrator
9. Spouses as parties; married women; minors or incompetents
10. Permissive joinder of parties: types of joinder of parties; distinguished
from joinder of causes of actions
11. Compulsory joinder of indispensable parties: indispensable party
defined; distinguished from necessary party; joinder mandatory
12. Right of plaintiff to select defendant
13. Necessary party: proper parties defined
14. Unwilling co-plaintiff
15. Misjoinder and non-joinder of parties: non joinder of proper parties
16. Class suit: requisites; class suit distinguished from joinder of parties
17. Alternative defendants
18. Unknown identity of defendant
19. Entity without juridical personality as defendant
20. Effect of death of party litigant
1. Uniform procedure
2. The Revised Rules on Summary Procedure: civil cases and criminal cases
3. Rules of Procedure for Small Claims
4. Rules of Procedure for Environmental Cases
5
2. Complaint, Answer, Negative defenses, Negative pregnant, Affirmative
defenses, Collateral attack on torrens title
3. Direct attack and collateral attack distinguished
4. Counterclaim, set-off and recoupment
5. Compulsory counterclaim; cross-claims
6. Reply; when reply is necessary
7. Bringing new parties; purposes
8. Answer to third-party complaint
9. Pleadings allowed in small claim cases and cases covered by the Rules
on Summary Procedure
6
3. Compulsory cross-claim
4. Default; remedies available to a defendant in default; effect of appeals
on default judgment
RULE 14 – SUMMONS
7
2. Contents of summons and by whom served; issuance of alias summons
3. Substituted service; extraterritorial service
4. Effect of failure to mail summons
5. Where publication to be made
6. Residents temporarily out of the Philippines; substituted service allowed
7. Motion for leave of court to effect service against a non-resident
defendant to be supported by affidavit
8. Proof of service
9. Voluntary appearance; voluntary appearance equivalent to service;
defective service waived by voluntary appearance
10. Yuk Ling Ong vs. Benjamin T. Co. G.R. No. 206653, February 25, 2015
11. Benjamin H. Cabanez vs. Marie Joseph Solana a.k.a. Ma. Josephine S.
Cabanez, G.R. No. 200180, June 6, 2016
12. Green Star Express, Inc., and Fruto Sayson vs. Nissin-Universal Robina
Corporation, G.R. No. 181517, July 6, 2015
RULE 15 – MOTIONS
8
3. Dismissal due to the fault of plaintiff; dismissal at defendant’s or court’s
instance
4. Dismissal of counterclaim, cross-claim or third-party complaint; effects
of dismissals
RULE 18 PRE-TRIAL
RULE 19 – INTERVENTION
RULE 21 – SUBPOENA
1. How to compute time; first day excluded and last day included;
pretermission of holidays
2. Extension of time to file the required pleading; effect of interruption
3. Filing of motion for new trial; the “fresh period rule”
9
3. Evidentiary matters may be inquired into
4. Deposition as a mode of discovery
5. Procedure in taking depositions; examination and cross examination
6. Use of depositions
7. Rebutting depositions
8. Persons before whom depositions may be taken within the country
9. Persons before whom depositions may be taken abroad
10. Commission or letters rogatory
10
RULE 30 – TRIAL
1. Notice of trial; trial on the merits; procedural due process in civil cases;
adjournments and postponements
2. Requisites of motion to postpone trial for absence of evidence
3. Order of trial
1. Trial by commissioners
2. Order of preference; powers of the commissioner
3. Commissioner’s report; notice to parties and hearing on the report
11
11.Gabriel Yap, Sr., Gabriel Yap, Jr., etc., vs. Letecia Siao, etc., G.R. No.
212493 and Cebu South Memorial Garden, Inc., vs. Letecia Siao, etc.,
G.R. No. 212504, June 1, 2016
12
7. Remedies where there is a supervening fact
8. Jurisdiction of court to modify its judgment and to enforce its
judgment
9. When portion of judgment may be executed
10. Cases where execution may issue even if judgment not final
11. Execution by motion or by independent action
12. Remedy against execution pending appeal
13. Fixing of amount of supersedeas bond
14. Effect of reversal of executed judgment
15. Execution in case of death of party
16. Effect of levy on execution as to third persons
17. Properties exempt from execution; when to claim exemption
18. Return of writ of execution; alias writ of execution
19. Notice of sale of property on execution
20. Proceedings where property is claimed by third persons
21. How property sold on execution
22. Certificate of sale where property claimed by third person
23. Who may redeem real property sold; effect of redemption
24. Manner of using premises pending redemption
25. Recovery of price if sale not effective; revival of judgment
26. Examination of judgment debtor when judgment unsatisfied
27. Appointment of receiver
28. Entry of satisfaction of judgment by clerk of court
29. Effect of judgment or final orders
30. Enforcement and effect of foreign judgments or final orders
31. Tarcisio S. Calilung vs. Paramount Insurance Corporation, etc., G.R.
No. 195641, July 11, 2016
32. Stronghold Insurance Co., Inc., vs. Pamana Island Resort Hotel and
Marina Club, Inc., G.R. No. 174838, June 1, 2016
33. Ma. Corazon M. Ola vs. People, G.R. No. 195547, December 2, 2015
34. Philippine National Bank vs. Sps. Victoriano & Jovita Faricia Rivera,
G.R. No. 189577, April 20, 2016
35. Pulumbarit, Sr., vs. Court of Appeals, G.R. No. 153745-46, October
14, 2015
36. Republic vs. NAPOCOR, G.R. No. 191831, September 8, 2015
37. Go vs. Chavez, G.R. No. 174542, August 3, 2015
38. Philippine Deposit Insurance Corp. vs. Manu Gidwani, G.R. No.
234616, June 20, 2018
39. San Miguel Pure Foods Company, Inc., vs. Foodsphere, Inc., G.R.
No. 217781, June 20, 2018
40. Pension and Gratuity Management Center (PGMC), GHQ, AFP, Camp
Aguinaldo vs. AAA, CA-G.R. No. SP No. 04359-MIN, G.R. No. 201292,
April 1, 2018
13
RULE 41 – APPEAL FROM THE REGIONAL TRIAL COURTS
1. Ordinary appeal
2. Questions of fact or law; need for certificate of non-forum shopping
3. Effect of failure to comply with requirements regarding payment of
docket and other lawful fee
4. Perfection of appeal
14
8. Maria Cecilia Ocbanda vs. People, G.R. No. 208137, June 8, 2016
9. Armilyn Morillo vs. People, etc., G.R. No. 198270, December 9, 2015
10. Ma. Corazon M. Ola vs. People, G.R. No. 195547, December 2, 2015
11. Rogen Allen Bigler vs. People, G.R. No. 210972, March 19, 2016
12. Nelson Tenido y Silvestre vs. People, G.R. No. 211642, March 9, 2016
13. Damaso T. Ambray and Ceferino T. Ambray, Jr., vs. Sylvia A. Tsourous,
Carmencita Ambray, etc., G.R. No. 209264, July 5, 2016
14. Bangko Sentral Ng Pilipinas vs. Feliciano P. Legaspi, G.R. No. 205966,
March 2, 2016
15. Leviste Management System, Inc. vs. Legaspi Towers 200, Inc., et al.,
G.R. No. 199353, April 4, 2018 and Legaspi Tower 200, Inc. vs. Leviste
Management System, Inc., et al., G.R. No. 199389, April 4, 2018
RULE 51 – JUDGMENT
15
1. When case deemed submitted for judgment
2. Disposition of a case; remand for trial on the merits
3. Function of lower court with respect to final judgment of Supreme Court
4. Judgment where there are several parties
5. Promulgation and notice of judgment; entry of judgment and final
resolution
6. Ma. Corazon M. Ola vs. People, G.R. No. 195547, December 2, 2015
7. Sps. Campos vs. Republic, G.R. No. 184371, March 5, 2015
16
3. Grounds for issuance of preliminary injunction
4. When injunction is improper; duration of a Temporary Restraining Order
(TRO), ban on issuance of TRO or writ of injunction in cases involving
government infrastructure projects; R.A. No. 8975
5. Zuneca Pharmaceutical, etc., vs. Natrapharm, Inc., G.R. No. 197802,
November 11, 2015
RULE 59 – RECEIVERSHIP
RULE 60 – REPLEVIN
RULE 62 – INTERPLEADER
17
RULE 65 – CERTIORARI, PROHIBITION AND MANDAMUS
1. Quo warranto
2. Parties and contents of petition against usurpation
3. Republic vs. Maria Lourdes P.A. Sereno, G.R. No. 237428, June 19, 2018
RULE 67 – EXPROPRIATION
RULE 69 – PARTITION
18
RULE 70 – FORCIBLE ENTRY AND UNLAWFUL DETAINER
RULE 71 – CONTEMPT
NOTES:
1. Recitations with lectures and quizzes.
2. Opening of books and other reading materials like Ipods/Tablets, except
your handwritten notes, is not allowed.
3. Aim High but Work Hard – Jovito R. Salonga, former Dean, FEU Institute
of Law and former Senate President.
19