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2019 2020 Civil Procedure Syllabus
2019 2020 Civil Procedure Syllabus
COLLEGE OF LAW
Mendiola, Manila
COURSE DESCRIPTION:
An in-depth study of the basic principles of jurisdiction and the procedure to be observed in the conduct of
civil cases. It also includes a study of the jurisdiction of various courts of different levels and
administrative or quasi-judicial agencies. The course is centered on the study of Rule 1 to 61 of the 1997
Rules of Civil Procedure and its amendatory circulars and resolutions.
I. PRELIMINARIES
a. Classification of courts
1. General v. Special
2. Original v. Appellate
3. Exclusive v. Concurrent
1. Delegated Jurisdiction
2. Primary Jurisdiction
3. Special Jurisdiction
4. Territorial Jurisdiction
5. Residual Jurisdiction
6. Universal Jurisdiction
7. Epistolary Jurisdiction
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-Resident Marine Mammals Of The Protected Seascape Tañon Strait, et al. v.
Secretary Angelo Reyes, et al., G.R. No. 180771, April 21, 2015
8. Expanded Jurisdiction
9. Equity Jurisdiction
-Dr. Joseph Malixi, et al. v. Dr. Glory Baltazar, G.R. No. 208224, November
22, 2017
2. Test of Jurisdiction
d. Jurisdictional References:
2. Republic Act 7691 – An act expanding the jurisdiction of the MTC, MeTC,
MCTC, amending B.P. 129
1. Conditions Precedent
i. Katarungang Pambarangay Law
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v. Ruby Shelter Builders v. Formaran, G.R. No. 175914 February 10,
2009
vi. Saint Louis University v. Cobarrubias, G.R. No. 187104 August 3,
2010
vii. Gipa v. Southern Luzon Institute, G.R. No.177425 June 18, 2014
1. F.A.T. Key Computer System v. Online Networks International, Inc. 641 SCRA
390, 408 February 2, 2011
2. City of Dumaguete v. Phil. Ports Authority, G.R. No. 168973, August 24, 2011
3. Abrenica v. Law Firm of Abrenica, Tungol and Tibayan, 502 SCRA 614, 622
i. Del Rosario v. Far East Bank and Trust Company, G.R. No. 150134
October 31, 2007
ii. CGR Corporation v. Treyes, Jr., G.R. No. 170916 April 27, 2007
iii. Mariscal v. Court of Appeals, 311 SCRA 51
i. Natural persons
ii. Who are Juridical Persons with capacity to sue
iii. Entities authorized by law
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3. Section 3 – Representatives as parties
i. Read in relation to Articles 111 of the Family Code, 1207, 1216 of the
Civil Code.
i. Agro Conglomerates, Inc. v. CA, G.R. No. 117660 December 18, 2000
ii. Laperal Devt. Corp. v. Court of Appeals, 223 SCRA 261
i. Strangers to a case
i. Requisites
i. Insurance Co. of North America v. United States Lines Co., G.R. No. L-
21839 April 30, 1968
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15. Section 16 – Death of a party
i. Requisites
ii. Effect of non-substitution of a deceased party
i. BPI Family Savings Bank v. Sps. Yujuico, G.R. No. 175796 July 22,
2015
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4. Section 3 - Venue of actions against non-residents
1. Pleading; definition
i. Nature of pleadings
ii. Necessity and purpose of pleadings
iii. Construction of pleadings
i. Definition
a. Complaint
b. Answer
d. Counterclaim
i. Permissive v. Compulsory
e. Reply
a. Sections 1-11
b. G.V. Florida Transport, Inc., Vs. Tiara Commercial Corporation,
G.R. No. 201378 October 18, 2017
1. Caption
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2. The Body
i. Paragraphs
ii. Headings
iii. Relief
a. Prince Transport Inc. v. Garcia, 639 SCRA 312 January 12,
2011
iv. Date
4. Verification
i. Purpose
a. No certification
b. False certification
c. Non-compliance with any of the undertakings
d. Willful and deliberate forum shopping
1. Section 1 - In general
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ii. Tantuico, Jr. v. Republic, 204 SCRA 428
4. Section 4 – Capacity
i. How alleged
6. Section 6 – Judgment
a. Specific Denial
b. Qualified Denial
c. Lack of Knowledge
d. Negative Pregnant; definition
i. Judicial Admission
ii. How express admissions withdrawn
iii. Bp Oil and Chemicals International Philippines, Inc., v. Total Distribution
& Logistic Systems, Inc., G.R. No. 214406 February 6, 2017
a. Res judicata
b. Litis pendentia
c. Prescription
d. Lack of jurisdiction over the subject matter
e. Intramuros Administration v. Offshore Construction Development
Company, G.R. No. 196795 March 7, 2018
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2. Section 3 – Default
4. Liberality
i. Swagman Hotels & Travel, Inc. v. Court of Appeals, G.R. No. 161135
April 8, 2005
8. Supplemental Pleadings
9. Filing of amended pleadings
10. When amendment not proper
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i. Virata v. Sandiganbayan, 221 SCRA 52
6. Compliance with the Order of the Court granting the Motion for Bill of
particulars
i. Effect of Non-compliance
k. Rule 13 - Filing and Service of Pleadings, Judgments and Other Papers (Sections
1-14)
1. Meaning of filing
i. Manner of filing
2. Meaning of service
1. Summons; defined
i. Sps. Mason vs. Court of Appeals, G.R. No. 144662 October 13, 2003
2. Nature of Summons
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4. Effect of knowledge of the filing of action
5. Purpose of summons
17. Service upon a foreign private juridical entity (Sec. 12, Rule 14 amended by
A.M. No. 11-3-6 – New rule on service of summons)
i. Exclusive enumeration
i. Tender of summons
a. When proper
b. Number of attempts
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a. Montalban v. Maximo, 22 SCRA 1070
1. Motion; defined
2. Kinds of Motions
i. Litigated
ii. Non-Litigated
3. Contents of Motions
5. Proof of service
6. Motion day
i. Summary Procedure
ii. Writ of Amparo
iii. Small Claims Cases
iv. Environmental Cases
1. Section 1 – Grounds
i. When filed
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2. Section 2 - Hearing of motion
3. Section 3 - Resolution of Motion
i. When a motion to dismiss may be filed even after the answer has been
served and filed
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3. Dismissal due to the fault of the plaintiff (Sec. 3, Rule 17)
a. Failure to appear;
b. Test of Failure to Prosecute;
c. Unreasonable length of time
p. Rule 18 - Pre-Trial
i. National Power Corp. v. Adiong, A.M. No. RTJ-07-2060, July 27, 2011
3. Referral to the Philippine Mediation Center (Adm. Circular No. 20-2002, March
24, 2002; A.M. No. 03-1-09-SC, July 13, 2004)
5. When motion is filed by plaintiff (Adm. Circular No. 3-99, Jan. 15, 1999; A.M.
03-01-09-SC)
i. By the plaintiff
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10. Pre-Trial Brief; Filing and Contents (Sec. 6, Rule 18)
i. Pre-trial Order; Contents (Adm. Circular No. 1-89); When issued (A.M.
No. 03-1- 09-SC)
q. Rule 19 – Intervention
i. Office of the Ombudsman v. Sison, G.R. No. 185954 February 16, 2010
3. Requisites of Intervention
ii. Exception
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i. Director of Lands v. Court of Appeals, 93 SCRA 238
s. Rule 21 – Subpoena
i. Subpoena ad testificandum
ii. Subpoena duces tecum
u. Modes of Discovery
1. Meaning of discovery
2. Purpose of discovery
i. Deposition. Defined
ii. Depositions pending action; leave of court when required (Sec.1, Rule
23)
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xi. Deposition upon written interrogatories (Sec. 25, 26 Rule 23)
iv. Effect of failure to file and serve a sworn statement of denial (Sec. 2,
Rule 26)
i. Purpose (Sec.1)
ii. Filing of a motion; order of the court
i. Refusal to answer any question upon oral examination (Sec.1, Rule 29)
ii. Refusal to answer designated or particular questions or refusal to
produce documents or things to submit to physical or mental examination
(Sec.3, Rule 29)
iii. Refusal to be sworn (Sec. 2, Rule 29)
iv. Refusal to Admit (Sec. 4, Rule 29)
v. Rule 30 - Trial
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1. Nature of Trial
i. Orders in Chambers
3. Consolidation of Civil and Criminal cases; allowed (Sec. 2 (a) Rule 111 of 1985
Criminal Procedure)
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4. When consolidation mandatory
i. Philippine Savings Bank v. Mañalac, G.R. No. 145441, April 26, 2005
1. Commissioner Defined.
2. Consent of all parties necessary. Reference without consent void. (Sec. 1, Rule
32)
i. Philippine Savings Bank v. Mañalac, G.R. No. 145441, April 26, 2005
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ii. Consolidated Bank and Trust Corporation v. Del Monte Motor Works,
Inc., 465 SCRA 117
z. Judgments
1. Meaning of Judgment
i. Macahilig v. Heirs of Magalit, 344 SCRA 838, 848
ii. Social Justice Society v. Atienza, 545 SCRA 92, 114
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a. Philippine Business Bank v. Chua, 634 SCRA 635
i. Before finality
ii. After finality
iii. Difference between an Amended Judgment and a Supplemental
Judgment
21. Judgment nunc pro tunc (literally "now for then"), define.
24. Judgment against entity without juridical personality (Sec. 6, Rule 36)
25. Entry of Judgment; date thereof (Sec. 2, Rule 36)
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3. Cases where judgment on the pleadings will not apply
ii. When to file (Sec. 1, Rule 37); No extension (Sec. 2, Rule 40, Sec. 3,
Rule 41)
iii. Effect of filing of the motion on the period to appeal (Sec. 2, Rule 40;
Sec. 3, Rule 41)
ix. Motion for reconsideration in summary procedure (Sec. 19 {c}, IV, 1991
Revised Rules on Summary Procedure and Small Claims (Sec. 14 {c})
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b. Newly discover evidence
i. Requisites:
4. Denial of the motion; fresh period rule; Order of denial not appealable (Sec. 9,
Rule 37)
dd. Appeals
7. Dismissal of Appeal; Court of Appeals (Sec.1, Rule 50); Supreme Court (Sec.5,
Rule 56)
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8. Rule 40 - Appeal from Municipal Trial Courts to The Regional Trial Court
xi. Appellee who has not appealed may not obtain affirmative relief from
appellate court
a. Late filing
b. non-payment of docket and other lawful fees
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i. Scope and title of cases; Cases appealed to the Court of Appeals under
Rule 41.
a. When to file;
a. When to file;
iv. Contents of Appellant's Brief (Sec. 13, Rule 41); Appellee's Brief (Sec.
14, Rule 41)
v. Questions that may be raised on appeal; Exceptions (Sec. 15, Rule 41)
11. Rule 42 - Petition for Review from The Regional Trial Courts to The Court
of Appeals
a. Ross Rica Sales Center, Inc. vs. Ong, G.R. No. 132197, August
16, 2005
a. Macawiwili Gold Mining and Devt. Co, Inc.vs. CA, 297 SCRA
602 (1998)
xiii. Exceptions:
12. Rule 43 - Appeals from The Court of Tax Appeals and Quasi-Judicial
Agency
i. Scope (Sec.1)
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iii. Cases not covered (Sec. 2)
a. St. Martin Funeral Home vs. NLRC, 295 SCRA 494 (1998)
xviii. General rule: shall NOT STAY award, judgment, final order or resolution
xix. Exceptions:
i. Application of Rule 45
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1. Rule 38 - Relief from Judgments, Orders, Or Other Proceedings
v. Strictly followed
vi. Contents
vii. Affidavit of merit (Sec. 3)
viii. When motion for reconsideration considered as petition for relief
ix. Action of court before answer
x. Power to deny (Sec. 4)
xi. Preliminary injunction pending proceedings (Sec. 5)
xii. Order to file answer (Sec. 4)
xiii. Procedure
xiv. Availability of preliminary injunction (Sec. 5)
xv. Proceedings after answer is filed (Sec. 6)
xvi. Where denial of appeal is set aside (Sec. 7)
xvii. Action of court after giving due course
xviii. Grant of petition for relief (Sec. 7)
xix. Denial of petition for relief (Rule 41, Sec. 1 (b))
xx. Remedies after petition for relief expires
vi. Laches
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1. Judgment or final order (Sec. 1)
2. Losing party must first receive notice of the judgment before the court or its
personnel can execute the Judgment
3. Kinds of execution
i. According to nature
i. Enforceable by mandamus
b. Discretionary (Sec. 2)
ii. Trial court can grant motion for execution pendingappeal even after
perfection of appeal (Sec. 9, last par.)
Bonds in execution
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ii. Satisfaction by levy
17. Execution of money judgments under Rule 39, Sec. 9 – promissory note not
allowed.
i. Dagooc vs. Erlina, A.M. No. P-04-1857 (formerly OCA I.P.I. No. 02-
1429-P), March 16, 2005
i. Meaning of garnishment
a. Manila Remnant Co., Inc. vs. CA, 231 SCRA 281 (1994)
ii. Garnishment of bank deposits - does not violate bank secrecy law (RA
1405)
i. Real property
ii. Personal property
iii. In all cases
iv. Conveyance of property sold to highest bidder, how made (Secs. 23, 24,
25, 26)
i. Right of redemption
a. Personal property
b. Real property
v. Time and manner of, and amounts payable on, successive redemption,
etc. (Sec. 28)
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viii. Redemptioner redeeming from another redemptioner – within 60 days
after the last redemption
i. Del Rosario vs Far East Bank and Trust Company, G.R. No. 150134,
October 31, 2007
V. PROVISIONAL REMEDIES
i. Purpose
iii. Requirements
2. Other requirements:
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vii. Discharge of Attachment; provisions which provide for discharge
a. By counterbond
a. Deposit
b. Counterbond
i. Attachment;
ii. Preliminary Injunction;
iii. Replevin;
iv. Receivership
1. Definition
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i. Lagrosas v. Bristol-Myers Squibb, G.R. No. 168637 September 12,
2008
a. Hearing requirement:
iv. Effectivity
a. 72-hour TRO
b. 20-day TRO
8. Section 6 - Grounds for objection to, or for motion of dissolution of, injunction or
restraining order
2. Receiver
4. Grounds
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1. Definition
3. When applied
4. Requirements
i. Affidavit
ii. Bond
a. Twice the value of the personal property
i. Section 7, Rule 60
8. Section 9 – Judgment
4. Application
5. Comment; Hearing; Order
6. Enforcement of Order
7. Support in criminal cases
8. Restitution
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