ATENEO DE DAVAO UNIVERSITY

COLLEGE OF LAW

Remedial Law – Civil Procedure

Atty. Jess Zachael B. Espejo, Professor
Second Semester SY 2010-2011

TOPICAL SYLLABI
(1) Basic Principles and (2) Jurisdiction

I. BASIC PRINCIPLES

Guide Questions:

1. What is the difference between Substantive Law and Remedial Law?

2. What are the aspects of Remedial Law?
3. What are the branches of Philippine Remedial Law?
4. What is a court? How is it different from a judge?
5. How are courts of the Philippine judiciary classified?
6. What are the inherent powers of a court?
7. What is the import of Rule 135, Section 6 of the Rules of Court?

Readings:

Rule 135, Sections 5 and 6

II. JURISDICTION IN GENERAL

Guide Questions:

1. What is the etymology of the word “jurisdiction”?

2. What are the two ways in which the term “jurisdiction” is understood?
3. How is jurisdiction different from exercise of jurisdiction?
4. How is error of jurisdiction different from error of judgment?
5. Distinguish between lack of jurisdiction with excess of jurisdiction.
6. What are the types of jurisdiction?
7. What are the elements of jurisdiction?
8. What is jurisdiction over the subject matter?
9. What factors are used to determine if the court has jurisdiction over the
subject matter?
10. What is jurisdiction over the person? How is it acquired?
11. What is jurisdiction over the res?
12. What is jurisdiction over the issues? How and when is it acquired?

Cases:

SERRANO vs. MUÑOZ (HI) MOTORS INC., G.R. No. L-25547,

November 27, 1967

DE VILLA vs. COURT OF APPEALS, G.R. No. 87416, April 8, 1991

HEIRS OF JUANITA PADILLA vs. DOMINADOR MAGDUA, G.R. No.

176858, September 15, 2010

EQUITABLE PCI BANK, INC. vs. APURILLO, G.R. No. 168746,

November 5, 2009

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 III. JURISDICTION OF THE SUPREME COURT

Guide Questions:

1. What law lays down the jurisdiction of the Supreme Court?

2. What are the powers of the Supreme Court?
3. What cases fall within the original jurisdiction of the Supreme Court?
4. What is meant by exclusive jurisdiction and concurrent jurisdiction?
5. What is the doctrine of hierarchy of courts?
6. What is the doctrine of non-interference?
7. What is the doctrine of primary jurisdiction?
8. What are the cases falling within the original jurisdiction of the
Supreme Court but are concurrent with other courts?
9. What constitutes the appellate jurisdiction of the Supreme Court?
10. What are the limitations on the power of Congress in enacting laws
which affect jurisdiction?
11. Is the Supreme Court a trier of facts? Under what instances may the
Supreme Court review findings of facts?
12. What cases are required by law to be heard by the Supreme Court en
banc?

Readings:

Article VIII, 1987 Constitution

Section 1, Republic Act No. 7902
Section 19, Republic Act No. 9282
A.M. No. 07-9-12-SC, September 25, 2007 (Re: Writ of Amparo)
Article VII, Section 4, 1987 Constitution
Article VII, Section 18, 1987 Constitution
Article VI, Section 30, 1987 Constitution
Sections 20 and 23, Republic Act No. 9700

Cases:

LACSON HERMANAS, INC. vs. HEIRS OF CENON IGNACIO, G.R.

No. 165973, 29 June 2005, 462 SCRA 290

HEIRS OF BERTULDO HINOG vs. MELICOR, G.R. No. 140954, April

12, 2005, 455 SCRA 460

BAVIERA VS. PAGLINAWAN , 515 SCRA 171 (2007)

VICENTE DACANAY vs. YRASTORZA , G.R. No. 150664, September

3, 2009

ERNESTO MORALES vs. COURT OF APPEALS, G. R. No. 126623,

December 12, 1997

ST. MARTIN FUNERAL HOME vs. NATIONAL LABOR RELATIONS

COMMISSION, G.R. No. 130866 September 16, 1998

FELIXBERTO CUBERO, ET AL. vs. LAGUNA WEST MULTI-

PURPOSE COOPERATIVE, G.R. No. 166833, December 5, 2006

DAR vs. CUENCA, G.R. No. 154112, September 23, 2004

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 IV. JURISDICTION OF THE COURT OF APPEALS

Guide Questions:

1. What is the relation of the Court of Appeals to the Intermediate

Appellate Court?
2. What cases fall within the exclusive and original jurisdiction of the
Court of Appeals?
3. What cases fall within the concurrent and original jurisdiction of the
Court of Appeals?
4. What principles must be considered when jurisdiction is concurrent?
5. What cases constitute the appellate jurisdiction of the Court of
Appeals?
6. What is a question of fact? What is a question of law? What is a mixed
question?
7. Can the Court of Appeals conduct hearings like trial courts?

Readings:

Sections 9, 22 and 34, Batas Pambansa Blg. 129

Section 3, A.M. No. 07-9-12-SC

Cases:

VALDEZ vs. CHINA BANKING CORPORATION, G.R. No. 155009,

April 12, 2005, 455 SCRA 687

POLANCO versus CRUZ, G.R. No. 182426, February 13, 2009

SIXTO P. CRISOSTOMO vs. SECURITIES AND EXCHANGE

COMMISSION, ET AL., G.R. Nos. 89095 & 89555, November 6, 1989

WILLY TAN versus PEOPLE OF THE PHILIPPINES, G.R. No.

148194, April 12, 2002 (Dissenting Opinion)

ROBIN M. CANO versus CHIEF OF PHILIPPINE NATIONAL POLICE,

ET AL., G.R. No. 139368, November 21, 2002

ENGR. APOLINARIO DUEÑAS vs. ALICE GUCE-AFRICA, G.R. No.

165679, October 5, 2009

LINGNER & FISHER GMBH vs. INTERMEDIATE APPELLATE

COURT, G.R. No. L-63557, October 28, 1983

V. JURISDICTION OF THE REGIONAL TRIAL COURT

Guide Questions:

1. What cases fall within the exclusive and original jurisdiction of the
Regional Trial Court?
2. What cases fall within the concurrent and original jurisdiction of the
Regional Trial Court?
3. What cases fall within the appellate jurisdiction of the Regional Trial
Court?
4. What cases fall within the special jurisdiction of the Regional Trial
Court?

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5. What is meant by “incapable of pecuniary estimation”?
6. What actions are deemed “incapable of pecuniary estimation”?
7. What is the so-called rule of joinder in the Regional Trial Court?

Readings:

Sections 19, 21-24, Batas Pambansa Blg. 129

Article 194, Family Code
Section 5, Republic Act No. 8369
Sections 7, 10, Republic Act No. 9262
Administrative Circular No. 09-94, June 14, 1994
Section 5, Rule 2 of the Rules of Court
Sections 17, 32, 36, 70, 108, Presidential Decree No. 1529

Cases:

SPOUSES DE LEON vs. COURT OF APPEALS, G.R. No. 104796,

March 6, 1998

RUSSELL ET AL. vs. VESTIL ET AL., G.R. No. 119347, March 17,
1999

HEIRS OF GENEROSO SEBE vs. HEIRS OF VERONICO SEVILLA,

G.R. No. 174497, October 12, 2009

DEVORAH E. BARDILLON vs. BARANGAY MASILI OF CALAMBA,

LAGUNA, G.R. No. 146886, April 30, 2003

INIEGO vs. PURGANAN, ET AL., G.R. No. 166876, March 24, 2006

MENDOZA vs. TEH, G.R. No. 122646 March 14, 1997

THE BASES CONVERSION AND DEVELOPMENT AUTHORITY vs.

UY, G.R. No. 144062, November 2, 2006

SOCIAL SECURITY SYSTEM vs. ATLANTIC GULF AND PACIFIC

COMPANY, G.R. No. 175952, April 30, 2008

LOLITA B. COPIOSO vs. LAURO COPIOSO, G.R. No. 149243,

October 28, 2002

ORTIGAS vs. HERRERA, 120 SCRA 89

SAN PEDRO vs. ASDALA, G.R. No. 164560, July 22, 2009

SPS. JORGE J. HUGUETE, ET AL. vs. SPS. TEOFEDO AMARILLO,

ET AL, G.R. No. 149554, July 1, 2003

SUMULONG vs. COURT OF APPEALS, May 10, 1994

RUBY SHELTER BUILDERS AND REALTY DEVELOPMENT CORP.

vs. FORMARAN, G.R. No. 175914, February 10, 2009

LAND BANK OF THE PHILIPPINES, vs. JOSE MARIE M. RUFINO,

ET AL., G.R. No. 175644, October 2, 2009

LAND BANK OF THE PHILIPPINES vs. J. L. JOCSON AND SONS,

G.R. No. 180803, October 23, 2009

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 ONGSUCO vs. MALONES, G.R. No. 182065, October 27, 2009

SANDOVAL vs. CAÑEBA and ESTATE DEVELOPERS &

INVESTORS CORPORATION, G.R. No. 90503 September 27, 1990

FAJARDO vs. BAUTISTA, G.R. Nos. 102193-97, May 10, 1994

LUPANGCO vs. COURT OF APPEALS, 160 SCRA 180

HALAGUEÑA, et al. vs. PHILIPPINE AIRLINES INCORPORATED,

G.R. No. 172013, October 2, 2009

VI. JURISDICTION OF THE MUNICIPAL TRIAL COURT

Guide Questions:

1. What cases fall within the exclusive and original jurisdiction of the
Municipal Trial Court?
2. What are the remedies available to the owner or possessor to judicially
recover possession of real property?
3. What are the relevant principles regarding payment of docket fees?
4. What is the so-called totality rule?

Readings:

Sections 32-35, Batas Pambansa Blg. 129

Section 5, Rule 1, Rules of Court
Sections 3-5, Republic Act No. 7691
Revised Rules on Summary Procedure for Civil Cases
A.M. No. 02-11-09-SC, November 12, 2002
Sections 2, 4 and 23, Rule of Procedure for Small Claims Cases

Cases:

JOVEN DE GRANO vs. GREGORIO LACABA, G.R. No. 158877, June

16, 2009

VALENTIN CABRERA vs. ELIZABETH GETARUELA, et al., G.R. No.

164213, April 21, 2009

MANCHESTER DEVELOPMENT CO. vs. COURT OF APPEALS,

149 SCRA 562 (1987)

SUN INSURANCE vs. ASUNCION, 170 SCRA 274 (1989)

TACAY vs. RTC OF TAGUM, 180 SCRA 433 (1989)

RUBY SHELTER BUILDERS AND REALTY DEVELOPMENT vs.

FORMARAN, ET AL., G.R. No. 175914, February 10, 2009

METROPOLITAN BANK AND TRUST CO. and SOLIDBANK

CORPORATION vs. BERNARDITA H. PEREZ, G.R. No. 181842, February
5, 2010

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