GENERAL PRINCIPLES

I. DISTINGUISH: SUBSTANTIVE LAW AND REMEDIAL LAW

II. RULE-MAKING POWER OF THE SUPREME COURT
A. Limitations on the rule-making power of the Supreme Court
B. Power of the Supreme Court to amend and suspend procedural rules
III. NATURE OF PHILIPPINE COURTS
A. Meaning of a court
B. Distinguish: court and judge
C. Classification of Philippine courts
D. Courts of original and appellate jurisdiction
E. Courts of general and special jurisdiction
F. Constitutional and statutory courts
G. Courts of law and equity
H. Principle of judicial hierarchy
I. Doctrine of non-interference or doctrine of judicial stability
IV. JURISDICTION
- There should be a law which confers jurisdiction upon the court.
- Jurisdiction over subject matter  it is the authority and power of the
court to hear and determine cases of the general class to which the
proceeding in question belongs.
- Jurisdiction over the person  the power of the court to bind a party or
person.
1. Jurisdiction over the plaintiff  acquired by the filing of the
complaint or petition;
2. Jurisdiction over the defendant  acquired by service of summons
or his voluntary appearance.
- Jurisdiction over the res  is the power of the court to try a case which
would bind real or personal property or determine the status of the
property.
A. Distinguish: original and appellate
- Original  exercised by a court or body in the first instance, as for
instances the jurisdiction of the MTC over ejectment cases.
- Appellate  exercised by a court or body over a case elevated to it by way
of review.
B. Distinguish: general and special
C. Distinguish: exclusive and concurrent
- Exclusive  jurisdiction exercised by a court or body to the exclusion of all
other courts.
- Concurrent  jurisdiction exercised by the court over a case or subject
matter by two or more courts or bodies.
D. Exercise of Jurisdiction
- Ra7691
V. DOCTRINES OF HIERARCHY OF COURTS AND CONTINUITY OF JURISDICTION
VI. JURISDICTION OF VARIOUS PHILIPPINE COURTS
A. Supreme Court

Original
Exclusive Concurrent
a. Petitions for certiorari, Prohibition, a. With the CA
or Mandamus against: 1. Petitions for Certiorari,
1. CA Prohibition, or Mandamus
2. COMELEC against:
3. COA i. RTC
4. CTA ii. NLRC (compelling
5. Sandiganbayan and exceptional
circumstances,
normally, appeal
to CA first.)
b. With the CA and RTC
1. Petitions for Certiorari,
Prohibition, or Mandamus
against courts of first level
and other bodies.
2. Petition for Habeas Corpus
and Quo Warranto
c. With the RTC
1. Actions against
ambassadors, other public,
ministers, and consuls.
d. With the Sandiganbayan
1. Petitions for Certiorari,
Prohibition, or Mandamus,
habeas Corpus,
injunctions, and ancillary
writs in aid of its appellate
jurisdiction and over
petitions of similar nature,
including quo warranto in
PCGG cases
e. With the CA, Sandiganbayan,
and RTC
1. Petition for Writ of
Amparo
2. Petition for Writ of Habeas
Data
Appellate
1. Petitions for Review on
Certiorari against:
a. CA
b. Sandiganbayan
c. RTC in cases involving --
i. Constitutionality
or validity of a
treaty,
ii. international
agreements or
executive
agreement,
iii. law,
 iv. PDs,
v. Proclamation,
vi. Order,
vii. Instruction,
viii. ordinance, or
ix. regulation.

B. Court of Appeals
C. Court of Tax Appeals
D. Sandiganbayan
E. Regional Trial Courts
- The RTC has general juris to handle ordinary civil actions.
- Special jurisdiction (special commercial courts)
F. Family Courts
G. Metropolitan Trial Courts, Municipal Trial Courts, Municipal Trial Courts in Cities,
and Municipal Circuit Trial Courts
VII. ASPECTS OF JURISDICTION
A. Jurisdiction over the parties
a. How jurisdiction over the plaintiff is acquired
- Acquired by filing a complaint or petition.
b. How jurisdiction over the defendant is acquired
- Acquired by service of summons or voluntary appearance.
B. Jurisdiction over the subject matter
a. Meaning of jurisdiction over the subject matter
- it is the authority and power of the court to hear and determine cases of
the general class to which the proceeding in question belongs.
b. Distinguish: jurisdiction and exercise of jurisdiction
c. How jurisdiction is conferred and determined
d. Distinguish: doctrine of primary administrative jurisdiction and doctrine of
exhaustion of administrative remedies
e. Doctrine of adherence of jurisdiction
f. Objections to jurisdiction over the subject matter
g. Effect of estoppel on objection to jurisdiction
C. Jurisdiction over the issues
D. Jurisdiction over the res or property in litigation
E. Jurisdiction over the remedies
VIII. DISTINGUISH: ERROR OF JURISDICTION AND ERROR OF JUDGMENT
IX. DISTINGUISH: JURISDICTION AND VENUE
X. JURISDICTION OVER SMALL CLAIMS, CASES COVERED BY THE RULES ON SUMMARY
PROCEDURE AND BARANGAY CONCILIATION
XI. HOW JURISDICTION IS DETERMINED

CIVIL PROCEDURE
(General Provisions)
I. ACTIONS
- Meaning of ordinary civil actions
An action by which a party sues another for the enforcement of a right, or the
prevention or redress of a wrong.

- Meaning of special civil actions

A remedy by which a party seeks to establish a status, right, or a particular

fact.

- Meaning of criminal actions

An action by which the State prosecutes a person for an act or omission punishable
by law.

- Distinguish: civil actions and special proceedings

- Personal actions and real actions

Personal actions  is one which does not affect title to or possession of real
property or interest therein.  action to recover ownership or possession of
personal property; action for specific performance; action for collection of sum
of money.
Real actions  is one which affects title to or possession of real property or
interest therein.  action to recover ownership or passion of a land; foreclosure
of a real estate mortgage; partition; ejectment.
Distinction is relevant for purposes of determining the venue of actions and the
court having jurisdiction over the subject matter.
Venue of RA where the property is located.
Venue of PA  where the plaintiff or defendant resides at the election of the
plaintiff.
Jurisdiction of RA  depends on the AV.
Jurisdiction of PA  depends on the amount of claim or demand. Except where the
subject of litigation is incapable of pecuniary estimation, jurisdiction is vested in the
RTC.

- Local and transitory actions

- Actions in rem, in personam and quasi in rem

Actions in rem  one which is not directed against a particular person but on
the thing or res itself which asks the court to make a declaration of or to dispose
or to deal with the res,
“Res”  may be personal, or real property, or status, right or a particular fact.
Examples:
- Application for original registration of a parcel of land.
- Special proceedings where the subject is right, status, or a particular fact.
- Petition for declaration of insolvency.
- Escheat proceedings
- Petition for change of name
Action in Personam  is one which is directed against a particular persons and
seeks a relief which would be binding only upon such particular persons.
- Sum of money
- Specific performance
 Action Quasi-in rem  is an action which is directed against particular persons
but seeks to reach and dispose of or deal with their property located in the PH.
- Judicial foreclosure of mortgage.
- Action in personam in which of the defendant has been attached. The
attachment converts the action to one quasi in rem.
- Action to quiet title and to remove cloud.
- Action for partition.

II. CAUSE OF ACTION

A. Meaning of cause of action
- Act or omission by which a party violates a right of another.
- Requisites:
a. Right
b. Violation or breach
c. Act or omission
d. injury
B. Distinguish: right of action and cause of action
- Right of action  remedial right or right to relief granted by law to a party
to institute an action against a person who has violated his right. It is the
legal right to sue. Right to commence an action.
- COA  the right of action springs from the cause of action but does not
accrue until all the facts which constitute the cause of action accrued. It is
the facts which gives right to a right of action.
- There may be a COA but no ROA if the latter is barred by prescription.
- The concept of COA in declaratory relief is not, as in ordinary civil action, the
wrong or delict by which the plaintiff’s rights are violated, but it is extended
to mere denial, refusal, or challenge raising at least an uncertainty or
insecurity which is injurious to plaintiff’s rights.
C. Distinguish: failure to state a cause of action and lack of cause of action
D. Test of the sufficiency of a cause of action
- If there is no COA  then the court has 30 days to ascertain that and if
determined that there is absence, the same will result to dismissal.
However, ________
- Can a case stand with no COA  No.
- SC: A COA that is premature may not be cured by an amendment of
pleading.
- An amendment will ___ that the pleading now has COA is not proper.
E. Splitting a single cause of action and its effects
- It will result to the pendency of one and the result of another will result to
the dismissal of another.
- It may be subject of res judicata or litis pendentia.
- Splitting of a causes of action is not an affirmative defense.
- RJ and LP is an affirmative defense under the amendment.
- Cruz v. Tolentino  requisites: similar or substantial similar parties, issues,
or relief, both actions are pending; judgment in one case will ___.
-
- Splitting of causes of action is when a party institutes more than one suit for
a single cause of action.
 - The filing of one is a ground for the dismissal of the others.
- A judgment upon merits in any one is available as a ground for the dismissal
of the others.
- “Doctrine of Anticipatory breach”  it is a principle wherein in a divisible
contract or one contemplating divisible prestation over a period of time and
there is a breach of one prestation, the oblige may bring a suit not only for
the current prestation but even for future prestation if it is clear that the
obligor can no longer or will no longer perform the future prestation.
F. Joinder and misjoinder of causes of actions
- Rules governing joinder of causes of actions:
a. The party joining the cause of action must comply with the rule on joinder
of parties under S6, R3.
b. The joinder must not include special civil actions or actins governed by
special rules.
c. If the causes of action are between the same parties but the causes of
action pertain to different venues or jurisdictions, the joinder may be
allowed in the RTC provided that one of the causes of action falls within its
jurisdiction and the venue lies therein.
d. If the claim in all the causes of action ae principally claimed shall be the
test of jurisdiction.
- “totality rule”  if the claims in all the causes of action are principally for
recovery of money, the aggregate amount claimed shall be the test of
jurisdiction.
- When persons join as plaintiffs or be joined as defendant in one complaint:
- All persons in whom or against whom any right to relief in respect to
or arising out of the same transactions alleged to exist, whether
jointly, severally, or in the alternative, may except as otherwise
provided in these Rules, join as plaintiffs or be joined as defendants
in one complaint, where any questions of law or fact common to all
such plaintiffs or to all such defendants may arise in the action.
- Where the causes of action are between the same parties but pertain to
different venues or jurisdiction of the RTC and the venue lies therein.
- The fact that the causes of action are unrelated to each other does not
affect the propriety of the joinder of action.
III. PARTIES TO CIVIL ACTIONS

Only natural or juridical persons or entities authorized by law may be parties in a

civil action.
Examples:
- Estate of a deceased persons
- A registered labor union
- An entity without juridical personality sued as a defendant.
Unless otherwise authorized by law por these Rules, every action must be
prosecuted or defended in the name of the real party in interest.
S2, R3 requires is that the civil action be raised in the name of the RPII not
necessarily by the RPII.
Exception: S3, R3 provides that an action is allowed to be prosecuted or defended by
a representative or someone acting in a fiduciary capacity provided that the
 beneficiary shall be included in the title of the case and shall be deemed to be the
real party in interest. Such as: Trustee of an express trust; guardian; executor or
administrator; party authorized by law or the ROC.
“Spouses as Parties”  S4, R3 states that the husband and wife shall sue or be sued
jointly, except as provided by law.
If a spouse is being sued, the other spouse should be joined if the suit could result in
liability being incurred by the absolute community or conjugal property. If the result
will affect only the separate liability of a spouse, the other spouse should not be
joined.
In an action to recover sum of money, the failure to join the other spouse is not a
jurisdictional defect since it is merely a formal defect which may be cured by
amendment.

A. Real parties in interest; indispensable parties; representatives as parties; necessary

parties; indigent Parties; alternative defendants

RPII  the party who stands to be benefited or injured by the judgment in the
suit or entitled to the avails of the suit.
Indispensable Parties  he is a party-in-interest without whom no final
determination may be had of an action.
Necessary Party  is one who is not indispensable but who ought to be joined
as a party: if complete relief is to be accorded as to those already parties, or for
a complete determination or settlement of the claim subject of the action.
Indispensable Party  he shall be joined either as a plaintiff or as a defendant.
Note: the burden to implead or to do order the impleading of an IP rests on the
plaintiff and the trial court respectively.
Test of determining whether a party is an IP or not: if the party ‘s interest would
be directly affected or necessarily prejudiced by the judgment which would be
rendered in the case, then he is an IP.

Indispensable Party Necessary Party

As to necessity No final determination may A final determination may
for final be had of an action if an IP be had of an action if a
determination is not impleaded. necessary party is not
impleaded.
As to effect of If the IP is not impleaded The failure of the plaintiff to
not impleading by the plaintiff despite implead a NP despite court
despite court court order, the court may order, will not result in the
order dismiss the case for failure dismissal of the case but
to prosecute. simply the waiver of the
plaintiff’s claim against such
NP.
- Indigent Party  a party may claim exemption as an indigent party if they can
prove that they have no money or property sufficient and available for food,
shelter, and basic necessities for themselves and their family as provided for
under S21, R3.

B. Compulsory and permissive joinder of parties

C. Misjoinder and non-joinder of parties
 Non joinder of necessary parties or indispensable parties is not a ground for a
motion to dismiss.

D. Class suit

A class suit is a suit brought by or defended by a representative member or

members of a large group of persons on behalf of all the members of the group.
Requisites:

a. The subject matter of the controversy is one of common or general

interest to the members of a group;
b. The persons who are members of the group are so numerous that it is
impracticable to join all as parties.

A group member who was not appointed as a representative intervene in the class
suit to protect his personal interest.

E. Suits against entities without juridical personality

- You have to prove that the same does not have authority. (duly
incorporated or has authority)
- It could be a domestic or foreign entity.
- Service of summons to domestic  P, GM… “wherever they may be found”
or in their absence, their secretaries.
- Entities Authorized by Law:
- Non-Juridical Entity:
F. Effect of death of party litigant

If the party dies and the claim is not thereby extinguished, it shall be the duty of his
counsel:

1) To inform the court within 30 days after such death of the fact thereof,
and
2) To give the name and address of his legal representative or
representatives.

Note: the failure of counsel to comply with this duty shall be a ground for
disciplinary action.
General Rule: the person’s rights and obligations are transmissible upon his
death to his heirs.
However: where the rights and obligations of a party are intransmissible by law
or stipulation or purely personal, the party’s death would result in the
extinguishment of claim.
G. Effect of transfer if interest during the pendency of the litigation
The action may be continued by or against the original party, unless the court upon
motion directs the transferee to be substituted in the action or joined with the
original party.

IV. VENUE

Venue refers to the possible or proper place or places for the trial of the suit, as
among several places where jurisdiction could be established.

Jurisdiction Venue
 Deals with the authority of a court to Deals with the place where the power
exercise judicial power. should be exercised.
In civil cases, venue is not jurisdictional.
- In criminal cases, venue is jurisdictional.

A. Venue of real actions

- Real actions shall be commenced and tried in the proper court which has
jurisdiction over the area where the real property or its portion is located.

B. Venue of personal actions

Personal actions may be commenced and tried where the plaintiff or of any of
the principal plaintiffs resides, or where the defendant or any of the principal
defendants resides at the election of the plaintiff.

C. Venue of actions against non-residents

In case of NR defendant found in the PH, the action may be commenced and tried
where the plaintiff resides or where the non-resident defendant may be found, at
the election of the plaintiff.

NRD found in the PH NRD not found in the PH

Personal Action Plaintiff’s residence or
where the defendant
found.
Real Action Where the property is
located
Action affecting
personal status of
plaintiff or property
of defendant in PH

D. When the rules on venue do not apply

S4, R4 provide that the rules will not apply in the following:
a. In those cases where a specific rule or law provides otherwise.
b. Where the parties have validly agreed in writing before the filing of the
action on the exclusive venue thereof.

E. Effects of stipulations on venue

Should be exclusive.
Ground of improper venue may not be raised by the defendant.  the defendant
should raise improper venue as an affirmative defense in the answer under S12, R8
of the 2020 Rules of Civil Procedure.
Failure to raise the same in the answer shall be deemed that the defendant waived it.

V. PLEADINGS

Are written statements of the respective claims and defenses of the parties submitted to
the court for appropriate judgment.

A. Kinds of pleadings and when they should be filed

 i. Complaint

Is the pleading alleging the plaintiff’s or claiming party’s cause or causes

of action.
The names and addresses of the parties must be stated in the complaint.

ii. Answer

Is a pleading in which a defending party sets forth his defenses.

Kinds of defenses: Negative or Affirmative
a. Negative defense is the specific denial of the material fact or facts
alleged in the pleading of the claimant essential to his cause or
causes of action.
b. Affirmative defense is an allegation of a new matter, which, while
hypothetically admitting the material allegations in the claimant’s
pleading, would nevertheless prevent or bar recovery from him.

1. Negative defenses

is the specific denial of the material fact or facts alleged in the

pleading of the claimant essential to his cause or causes of action.

2. Negative pregnant
iii. Counterclaims

Is any claim which a defending party may have against an opposing

party.
S8, R11 provides that a counterclaim is a separate and independent
pleading, pleaded or set up in an answer. However, it may not be set up
in a motion to dismiss since no rule provides that counterclaims may be
set up in a MTD.
A counterclaim may be asserted against an original counterclaim.

1. Compulsory counterclaim

- Is one which arises out of or is connected with the transaction or

occurrence constituting the subject matter with the other
requirements set forth in S7, R6.

2. Permissive counterclaim
- Is one which is not a compulsory counterclaim.

Compulsory Permissive
Counterclaim Counterclaim
As to A CC not set up in an A PC not set up is not
preclusion if action shall be barred even of not set
not raised. deemed barred. up in the action.
As to Payment of FF on CC FF needs to be paid on
payment of has been suspended. PC filed with the RTC.
filing fees.
As for need to CC as a rule need not PC should be answered
answer. be answered otherwise the plaintiff
could be declared in
 default in respect
thereof.
As for A CC is allowed under May not be availed of
prohibition the Rules on Summary under Rules on
under the Procedure. Summary Procedure.
Rule on
Summary
Procedure
As for A CC need not be A PC must be so
requirement accompanied by a accompanied.
of cert. against forum
certification shopping.
against forum
shopping

3. Effect on the counterclaim when the complaint is dismissed

x. Cross-claims
- Is any claim by one party against a co-party arising out of the transaction
or occurrence that is the subject matter either of the original action or
of a counterclaim therein.
- A cross claim may include a claim that the party against whom it is
asserted is or may be liable to the cross-claimant for all or part of a claim
asserted in the action against the cross-claimant.
- A cross claim not set up is barred.
- A cross claim which either matured or was acquired by a party serving
his pleading is not compulsory.
- The cross-defendant may file an answer to the cross-claim and he may
plead in the answer a counterclaim or a cross-claim.
- A cross-claim filed before the MTC is not subject to docket fees but one
filed with the RTC is.

Counterclaim Cross-claim
As to whom directed Directed against the Directed against a
opposing party co-party
As to connection with May or may not arise Always arises out of
the main action out of the the transaction or
transaction occurrence that is
constituting the the subject matter of
subject matter of the the original action or
opposing party’s of a counterclaim
claim therein.
As to compulsoriness May or may not be Is always
compulsory. compulsory.
As for need to answer Need not be Must be answered,
answered if the otherwise the party
counterclaim is against whom it is
compulsory. pleaded may be
declared in default
upon motion.
 xi. Third (fourth, etc.) party complaints
xii. Complaint-in-intervention
xiii. Reply
- Is a pleading, the function of which is to deny, or allege facts in denial or
avoidance of new matters alleged in or relating to an actionable
document attached to the answer.
- A plaintiff may only be allowed to file a reply IF the defendant attaches
an actionable document in his answer.
- The plaintiff needs to file a reply if the defending party attaches an
actionable document to his answer and the plaintiff wishes to contest
the genuineness and due execution of the actionable document.
Otherwise the genuineness and due execution of the actionable
document are deemed admitted by the plaintiff.
- If the plaintiff does not file a reply, all the new matters alleged in the
answer, including those alleged in or relating to an actionable document
attached to the answer, are deemed controverted.
- If the plaintiff wishes to interpose any claims arising out of the new
matters so alleged, he shall set forth such claims in an amended or
supplemental complaint.
xiv. Extensions of time to file
B. Pleadings allowed in small claims cases and cases covered by the Rules on Summary
Procedure
C. Parts and contents of a pleading
i. Caption
- This sets forth the name if the court, title of the action, and the docket
number if assigned.
ii. Signature and address
iii. Verification
iv. Certification against forum shopping
v. Contents of a pleading
D. Allegations in a pleading
i. Manner of making allegations
1. Condition precedent
2. Fraud, mistake, malice, intent, knowledge and other condition of the
mind, judgments, official documents or acts
ii. Pleading an actionable document
iii. Specific denials
1. Effect of failure to make specific denials
2. When a specific denial requires an oath
iv. Affirmative defenses
E. Effect of failure to plead
i. Failure to plead defenses and objections
ii. Failure to plead a compulsory counterclaim and cross-claim
F. Default
i. When a declaration of default is proper
ii. Effect of an order of default
iii. Relief from an order of default
iv. Effect of a partial default
 v. Extent of relief
vi. Actions where default are not allowed
G. Filing and service of pleadings
i. Payment of docket fees
ii. Distinguish: filing and service of pleadings
iii. Periods of filing of pleadings
iv. Manner of filing
1. Personal filing
2. filing by registered mail
3. filing by accredited courier
4. transmittal by electronic mail or other electronical means
v. Modes of service
1. Personal service
2. Service by registered mail
3. Service by accredited courier
4. Service by electronic mail, facsimile transmission, or other electronic
means
5. Service as provided for in international conventions
vi. Service of judgments, final orders or resolutions; service of court-issued
orders and other documents
vii. Conventional service or filing of orders, pleadings, and other documents
viii. When service is deemed complete
ix. Proof of filing and service
H. Amendment
i. Amendment as a matter of right
ii. Amendments by leave of court
iii. Formal amendment
iv. Effect of amended pleading
v. Supplemental pleadings
VI. SUMMONS
- Nature and purpose of summons
i. In relation to actions in personam, in rem and quasi in rem
ii. When summons are issued
iii. Contents of summons
iv. Duty of counsel
v. Return
B. Voluntary appearance
C. Who may serve summons
D. Personal service
E. Substituted service
F. Constructive service
i. Service upon a defendant where his identity is unknown or where his
whereabouts are unknown
ii. Service upon residents temporarily outside the Philippines
G. Extraterritorial service, when allowed
H. Service upon prisoners and minors; upon spouses
I. Service upon domestic or foreign private juridical entities
J. Proof of service
VII. MOTIONS
- Motions in general
i. Definition of a motion
ii. Distinguish: motions and pleadings
iii. Contents and form of motions
iv. Litigious and non-litigious motions; when notice of hearingnecessary
v. Omnibus motion rule
vi. Prohibited motions
- Motions for Bill of Particulars
i. Purpose and when applied for
ii. Actions of the court
iii. Compliance with the order and effect of noncompliance
iv. Effect on the period to file a responsive pleading
VIII. DISMISSAL OF ACTIONS
A. Dismissal with prejudice
B. Dismissal upon notice by plaintiff
C. Dismissal upon motion by plaintiff; effect on existing counterclaim
D. Dismissal due to the fault of plaintiff
E. Dismissal of counterclaim, cross-claim or third-party complaint
IX. PRE-TRIAL
A. Concept of pre-trial
B. Nature and purpose
C. Notice of pre-trial
D. Appearance of parties; effect of failure to appear
E. Pre-trial brief; effect of failure to appear
F. Pre-trial order
G. Distinguish: pre-trial in civil cases and pre-trial in criminal cases
X. INTERVENTION
A. Requisites for intervention
B. Time to intervene
C. Remedy for the denial of motion to intervene
XI. SUBPOENA
A. Subpoena duces tecum
B. Subpoena ad testificandum
C. Service of subpoena
D. Compelling attendance of witnesses; contempt
E. Quashing of subpoena
XII. COMPUTATION OF TIME
XIII. MODES OF DISCOVERY
- Depositions pending action; depositions before action or pending appeal
i. Meaning of deposition
ii. Uses; scope of examination
iii. When may objections to admissibility be made
iv. When may taking of deposition be terminated or its scope limited
B. Written interrogatories to adverse parties

i. Consequences of refusal to answer

ii. Effect of failure to serve written interrogatories
 C. Request for admission
i. Implied admission by adverse party
ii. Consequences of failure to answer request for admission
iii. Effect of admission
iv. Effect of failure to file and serve request for admission
D. Production or inspection of documents or things
E. Physical and mental examination of persons
F. Consequences of refusal to comply with modes of discovery
XIV. TRIAL
A. Adjournments and postponements
B. Requisites of motion to postpone trial
i. For absence of evidence
ii. For illness of party or counsel
C. Agreed statement of facts
D. Order of trial; reversal of order
E. Consolidation or severance of hearing or trial
F. Delegation of reception of evidence
G. Trial by commissioners
i. Reference by consent or ordered on motion
ii. Powers of the commissioner
iii. Commissioner's report; notice to parties and hearing on the report
XV. DEMURRER TO EVIDENCE
A. Ground
B. Effect of denial
C. Effect of grant
D. Waiver of right to present evidence
E. Action on demurrer to evidence
F. Distinguish: demurrer to evidence in a civil case and demurrer to evidence in a
criminal case
XVI. JUDGMENTS AND FINAL ORDERS
A. Judgment after pre-trial
B. Judgment without trial
C. Judgment on the pleadings
D. Summary judgments
i. For the claimant
ii. For the defendant
iii. When the case not fully adjudicated
iv. Affidavits and attachments
E. Distinguish: judgment on the pleadings and summary judgments
F. Contents of a judgment
G. Rendition of judgments and final orders
H. Entry of judgment and final order
XVII. POST-JUDGMENT REMEDIES
- Motion for new trial or reconsideration
i. Grounds
ii. When to file
iii. Denial of the motion; effect
iv. Grant of the motion; effect
 v. Remedy when motion is denied, fresh 15-day period rule
B. Appeals in general
i. Judgments and final orders subject to appeal
ii. Matters not appealable
iii. Remedy against judgments and orders which are not appealable
iv. Modes of appeal
1. Ordinary appeal
2. Petition for review
v. Petition for review on certiorari
vi. Issues to be raised on appeal
vii. Period of appeal
viii. Perfection of appeal
ix. Appeal from judgments or final orders of the Metropolitan Trial
Courts/Municipal Trial Courts/ Municipal Trial Courts in Cities/Municipal
Circuit Trial Court
x. Appeal from judgments or final orders of the Regional Trial Courts
xi. Appeal from judgments or final orders of the Court of Appeals
xii. Appeal from judgments or final orders of the Sandiganbayan
xiii. Appeal from judgments or final orders of the Court of Tax Appeals
xiv. Review of final judgments or final orders of the Commission on / Audit
xv. Review of final judgments or final orders of the Commission on Elections
xvi. Review of final judgments or final orders of the Civil Service Commission
xvii. Review of final judgments or final orders of the Ombudsman
xviii. Review of final judgments or final orders of the National Labor Relations
Commission
xix. Review of final judgments or final orders of quasi-judicial agencies
C. Relief from judgments, orders and other proceeding
i. Grounds for availing of the remedy
ii. Time to file petition
iii. Contents of petition
D. Annulment of Judgments or final orders and resolutions
i. Grounds for annulment
ii. Period to file action
iii. Effects of judgment of annulment
E. Collateral attack of judgments
XVIII. EXECUTION, SATISFACTION, AND EFFECT OF JUDGMENTS

A. Difference between finality of judgment for purposes of appeal; for purposes of

execution
B. When execution shall issue

i. Execution as a matter of right

ii. Discretionary execution
C. How a judgment is executed

i. Execution by motion or by independent action

ii. Issuance and contents of a writ of execution
iii. Execution of judgments for money
iv. Execution of judgments for specific acts
 v. Execution of special judgments
vi. Effect of levy on third persons

D. Properties exempt from execution

E. Proceedings where property is claimed by third persons; in relation to third party
claim in attachment and replevin
F. Rules on redemption
G. Examination of judgment obligor when judgment is unsatisfied
H. Examination of obligor of judgment obligor
I. Effect of judgment or final orders
J. Enforcement and effect of foreign judgments or final orders