Civil Procedure Syllabus 2021 2022

SAN BEDA UNIVERSITY
College of Law
COURSE SYLLABUS
COURSE CODE:
COURSE TITLE: CIVIL PROCEDURE
COURSE CREDIT: 5 UNITS
COURSE PREREQUISITE/S:
FACULTY:
EMAIL ADDRESS:
TERM/ACADEMIC YEAR: FIRST SEMESTER SCHOOL YEAR 2021-2022
DAY/TIME/ROOM/SECTION:
COURSE DELIVERY MODE: FULL ONLINE

CONSULTATION DAY/TIME:
COURSE DESCRIPTION:
A detailed evaluation of the law on civil procedure as amended by A.M. No. 19-10-
20-SC otherwise known as the Revised Rules on Civil Procedure, including
pertinent special laws, administrative circulars, and Supreme Court decisions.
COURSE GOALS: Expected College of Law Graduate Attributes (ELGAs)
Know and understand the laws, memorize provisions critical and analytical
thinking, effective in written and oral communication, logical reasoning, and sound
judgment, exercise of proper professional and ethical responsibilities
LEARNING OBJECTIVES/OUTCOMES (LOs):
1. Knowledge/Remembering: define, list, recognize

2. Comprehension/Understanding: describe, explain, identify, recognize
3. Application/Applying: choose, demonstrate, implement, perform
4. Analysis/Analyzing: analyze, categorize, compare, differentiate
5. Evaluation/Evaluating: assess, critique, evaluate, rank, rate
6. Synthesis/Creating: construct, design, formulate, organize, synthesize
Upon completion of the Course Title course, the student is expected to be able to:
Expected College of
Law Graduate LEARNING OUTCOMES (LOs)
Attributes (ELGAs)
Critical and analytical LO1. Exhibit a clear and in-depth understanding of remedial law, and
thinking civil procedure in particular, in preparation for the bar examination and
Effective in written and practice of legal profession
oral communication LO2. Analyze the practical and policy implications of current and
Logical reasoning proposed statutes, regulations, judicial rulings, legal arguments, and
Sound judgment strategies in preparing for a legal case
Exercise of proper LO3. Assess client concerns and translating them into responsive legal
professional and ethical arguments and strategies.
responsibilities
ASSESSMENT/GRADING SYSTEM:
1
The student will be graded according to the following:
Percentage
(Weight is based
Scope of Work
Requirements (Based on the Learning Outcomes) on the
(Individual)
importance of
the LO)
LO1 Class recitations, Quizzes, Case Digests, Individual
LO2 and Examinations Individual
LO3 Individual
Class standing before Midterms Individual 16.67%

Midterm Exams Individual 16.67%
Class Standing after Midterms Individual 33.33%
Final Exams Individual 33.33%
TOTAL 100
LEARNING PLAN:
Design or the structure of the course that includes content/topics to be covered;

learning resources to be used; weekly schedule of the topics to be taken up; and the
learning methods to be utilized that are most likely to lead students towards the
goals and learning outcomes that were defined.
LEARNING
METHODS
LEARNING
WEEK/ DATE (activities
RESOURCES
(Schedule of designed or
TOPIC/CONTENT (print and non-
each Topic, deployed by the
(arrangement or sequence of the major print materials
Assign, Exam for teacher to
topics is based on a logical order) and online/
the entire bring about, or
open-access
semester) create the
resources)
conditions for
learning)
Course Introduction Syllabus August 16-21, Lecture

Course overview 2021 Discussion
Course assignments
Course requirements
Module 1:
• Syllabus August 23-28, Recitation
I. Preliminaries • Textbooks 2021 Quiz
a. Remedial Law distinguished from • Supreme
substantive law Court
b. Prospective Effect of the Rules of Decisions
Court/ Retroactive Application of (SCRA)
Rules of Court
i. In the Matter to Declare in
Contempt of Court Hon. Simeon
Datumanong, G.R. No. 150274,
4 August 2006
c. Applicability to pending actions;
retroactivity
d. Rule-making power of the Supreme
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Court
i. Constitution, Art. VI, Sec. 30
ii. Constitution, Art. VIII, Sec. 5(5)
e. Power of the Supreme Court to
suspend the Rules of Court
i. Sarmiento v. Zaratan, G.R. No.
167471, 5 February 2007
ii. Labao v. Flores, G.R. No.
187984, 15 November 2010
iii. Gios-Samar, Inc. v. DOTC, G.R.
No. 217158, 12 March 2019
f. Distinctions: Civil Action, Criminal
Action, and Special Proceedings
II. General Principles

a. Nature and classification of
Philippine Courts
b. Doctrine of Exhaustion of
Administrative Remedies
i. Spouses Gonzales v. Marmaine
Realty Corp., G.R. No. 214241,
January 13, 2016
c. Doctrine of Primary Jurisdiction
i. Fabia v. Court of Appeals, G.R.
No. 132684, 11 Sept 2002
ii. Lihaylihay v. The Treasurer of the
Republic of the Phil., G.R. No.
192223, 23 July 2018, Leonen
c. Doctrine of non-interference or
doctrine of judicial stability
i. Tan v. Cinco, G.R. No. 213054,
15 June 2016
ii. Specified Contractors & Dev Inc
v. Pobocan G.R. No. 212014-15,
212427-28, 212694-95, 212794-
95, 6 December 2016
III. Jurisdiction
a. Statute in force at the time of the
commencement of the action
i. Cang v. Court of Appeals, G.R.
No. 105308, 25 September 1998
b. Classification of jurisdiction
i. Original vs. Appellate
ii. General vs. Special
iii. Exclusive vs. Concurrent
c. Doctrines of hierarchy of courts
and continuity of jurisdiction
• Gios-Samar, Inc. v. DOTC,
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G.R. No. 217158, 12 March
2019
d. Jurisdiction of various Philippine
courts
i. Katarungang Pambarangay (Sec.
399-422, Local Government
Code) NOTE: Particularly a
condition precedent, just like
earnest efforts and arbitration,
NOT on jurisdiction, as LGC on
Barangay provides “authority to
bring together the parties for an
amicable settlement”. Thus, an
ADR, not jurisdiction to hear and
decide a case.
• Condition Precedent
• See also Art. 151,
Family Code – earnest
efforts toward
compromise between
member of the family
• Art. 2041 of the Civil Code
• Lansangan v. Caisip, G.R. No.
212987, 6 August 2018
• Abagatnan v. Spouses
Clarito, G.R. No. 211966,
7 August 2017
• Chavez v. Court of Appeals,
G.R. No. 159411, 18 March
2005
ii. Jurisdiction over small claims,
cases covered by the rules on
Summary Procedure
• Summary Procedure v.
Summary Proceeding (Art.
100, 252, 253, Family Code)
iii. Section 5 (4) Article VIII of the
1987 Constitution
iv. B.P. 129 – Judicial
Reorganization Act of 1980, as
amended by RA 115761
• Anama v. Citibank G.R. No.
192048, 13 December 2017
• Sps. Trayvilla v. Sejas G.R.
No. 204970, 1 February 2016
• Heirs of Reterta v. Sps. Lopez
G.R. No. 159941, 17 August
2011
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v. Republic Act 7691 – An act
expanding the jurisdiction of the
MTC, MeTC, MCTC, amending
B.P. 129
• Suapo et al v. Sps. De Jesus
G.R. No. 198356, 20 April
2015
vi. P.D. 1606 as amended by
Republic Act 8249; Republic
Act 10660 – Sandiganbayan
vii. Republic Act 8369 – Family
Courts Act
viii. Republic Act 8799, Sec. 5.2 –
Securities Regulations Code
e. Aspects of jurisdiction
i. Jurisdiction over the Subject
Matter
• Sps. Erorita v. Sps. Dumlao
G.R. No. 195477, 25
January 2016
• Rivera v. Catalo, A.M. No.
RTJ-15-2422, 20 July 2015
• Heirs of Alfredo Bautista v.
Lindo, G.R. No. 208232,
10 March 2014
• Heirs of Julao v. De Jesus,
G.R. No. 176020, 29
September 2014
ii. Jurisdiction over the Parties
• David v. Agtibay, G.R. No.
199113, 18 March 2015
• Miranda v. Tuliao, G.R. No.
158763, 31 March 2006
• Palmiano-Salvador v.
Angeles, G.R. No. 171219,
3 September 2012
iii. Jurisdiction over the Issues
• Bernabe v. Vergara, G.R.
No. L-48652, 16 September
1942
iv. Jurisdiction over the Res
• De Joya v. Marquez, G.R.
No. 162416, 31 January
2006
• Gomez v. Court of Appeals,
G.R. No. 127692, 10 March
2004
v. Estoppel Jurisdiction
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vi. Tijam v. Sibonghanoy, G.R. No.
L-21450, 15 April 1968
vii. Figueroa v People, G.R. No.
147406, 04 July 2008 –
clarifying the ruling in Tijam
IV. Actions
a. Ordinary Civil Actions, Special
Civil Actions, Criminal Actions,
Special Proceedings
b. Personal actions and Real Actions
• Sps. Trayvilla v. Sejas G.R. No.
204970, 1 February 2016
• Heirs of Reterta v. Sps. Lopez
G.R. No. 159941, 17 August 2011
c. Actions in rem, in personam, and
quasi in rem
V. Rule 2 - Cause of Action

b. Meaning of cause of action
• Heirs of Tomas Dolleton v. Fil-
Estate Management, Inc., G.R.
No. 170750, 7 April 2009
• Right of Action – Multi-Realty
Development Corp., G.R. No.
146726, 16 June 2006
• Consular Area Residents
Association v. Casanova G.R. No.
202618, 12 April 2016
c. Test of sufficiency of cause of action
• Misamis Occidental II
Cooperative, Inc. v. David, G.R.
No. 129928, 25 August 2005
d. Splitting of a single cause of action
and its effects
• Marilag v. Martinez G.R. No.
201892, 22 July 2015
• Yap v. First E-Bank Corporation,
G.R. No. 169889, 29 September
2009
• Umale v. Canoga Park
167246, 20 July 2011
• Chu et al v. Cunanan G.R. No.
156185, 12 September 2011
• Riviera Golf Club Inc v. CCA
Holdings B.V. G.R. No. 173783,
17 June 2015
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e. Joinder and misjoinder of causes of
action
• Perez v. Hernano, G.R. No.
147417, 8 July 2005
• Danilo v. Pedro, G.R. No. 155736,
31 March 2005
• Totality Rule (BP 129, Sec. 33)
• Flores v. Mallare-Phillipps, G.R.
No. L-66620, 24 September 1986
VI. Rule 3 - Parties to Civil Actions

a. Natural and Juridical Persons,
Entities Authorized by law
• Verzosa v. Fernandez, 49. Phil.
627 (1926)
b. Real parties in interest
• Evangelista v. Santiago, G.R. No.
157447, 29 April 2005
c. representatives as parties
• V-Gent, Inc. v. Morning Star
Travel & Tours, Inc., G.R. No.
186305, 22 July 2015
• Oposa v. Factoran, G.R. No.
101083, 30 July 1993
• Resident Marine Mammals of
Tanon Strait v. Reyes G.R. No.
180771, 21 April 2015
d. indispensable parties
• In the Matter of the Heirship of the
Late Hermogenes Rodriguez, G.R.
No. 182645, 15 December 2010
(Resolution)
• Cerezo v. Tuazon, G.R. No.
141538, 23 March 2004
• Foster-Gallego
||| v. Spouses
Galang, G.R. No. 130228, July 27,
2004
e. necessary parties;
• Caravan Travel and Tours
International, Inc. v. Abejar, G.R.
No. 170631, February 10, 2016
f. indigent parties;
• Spouses Algura v. City of Naga
G.R. No. 150135, 30 October
2006
g. alternative defendants
h. Complusory and permissive joinder
of parties
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i. Misjoinder and non-joinder of parties
• Divinagracia v. Parilla G.R. No.
196750, 11 March 2015
j. Class suit
k. Suits against entities without juridical
personality
l. Effect of death of party litigant
• Spouses De la Cruz v. Joaquin,
G.R. No. 162788, July 28, 2005
• Gaffney v. Butler G.R. No.
219408, 8 November 2017
• San Juan v. Cruz G.R. No.167321,
31 July 2006
m. Death or separation of a party who is
a public officer
n. Incompetency or incapacity
o. Transfer of Interest
p. Notice to Solicitor General
VII. Rule 4 - Venue

a. Venue vs. Jurisdiction
• Nocum v. Lucio Tan G.R. No.
145022, 23 September 2005
b. Venue in civil cases vs. Criminal cases
• Nocum v. Lucio Tan G.R. No.
145022, 23 September 2005
c. Venue of real actions
d. Venue of personal actions
e. Venue of actions against non-residents
f. When the rules on venue does not
apply
• Ley Construction & Development
Corp v. Sedan G.R. No. 222711,
23 August 2017
• Unimasters Conglomeration Inc v.
CA G.R. No. 119657, 7 February
1997
g. Effects of stipulation on venue
h. Rule 8, Sec. 12
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Module 2: • Syllabus Recitation

• Textbooks Quiz
I. Pleadings • Supreme
Rules 6 to 11, as amended by the Court
2019 Amendments to the 1997 Decisions
Rules of Civil Procedure (SCRA)
a. Pleading vs. Motion (Rule 6, Sec. 1;
Rule 15, Sec. 1)
b. Kinds of Complaint and when they
should be filed
c. Pleadings allowed in small claims
cases and cases covered by the Rules
on Summary Procedure
d. Parts and contents of a pleading (Rule
7, Sec. 1-5, Rule 6, Sec. 3, Rule 6,
Sec. 4, Rule 6, Sec. 5)
• Efficient Use of Paper Rule A.M.
No. 11-9-4-SC
• Ao-As v. Court of Appeals, G.R.
No. 128464, 20 June 2006
• Victory Liner, Inc. v. Malinias,
G.R. No. 151170, May 29, 2007
• Judicial Affidavit Rule A.M. No.
12-8-8-SC
• Cosco Philippines Shipping, Inc.
v. Kemper Insurance Co., G.R.
No. 179488, April 23, 2012
e. Periods to file pleadings

f. Allegations in a pleading
i. Manner of making allegations
ii. Complaint
• Reyes v. RTC of Makati, G.R. No.
165744, 11 August 2008
• Lazaro v. Brewmaster Intl, Inc.,
G.R. No. 182779, 23 August 2010
iii. Pleading an actionable
document
iv. Answer
• Specific denials
• Memita v. Masongsong, G.R.
No. 150912, 28 May 2007
• Effect of failure to make specific
denials
• Negative Pregnant
• Philippine American General
Insurance Co., Inc. v. Sweet
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Lines, G.R. No. 87434, 8 May
1992
• Galofa v. Nee Bon Sing, G.R.
No. L-22018, January 17, 1968
• Affirmative Defenses
• When a specific denial requires an
oath
• Go Tong Electrical Supply Co.,
Inc. v. BPI Family Savings
Bank, Inc., G.R. No. 187487,
June 29, 2015
• Filipinas Textile Mills v. Court
of Appeals, G.R. No. 119800,
November 12, 2003
g. Counterclaims
• Bangis v. Heirs of Adolfo, G.R.
No. 190875, June 13, 2012
i. Compulsory
• Metropolitan Bank v. CPR
Promotions, G.R. No. 200567, 22
June 2015
• Financial Building Corp. v. Forbes
Park Association, G.R. No.
133119, 17 August 2000
• Pinga v. Santiago, G.R. No.
170354, 30 June 2006
• Maceda v. Court of Appeals, G.R.
No. 83545, 11 August 1989
• Carpio v. Rural Bank of Sto.
Tomas (Batangas), Inc., G.R. No.
153171, 4 May 2006
• North Greenhills Association, Inc.
v. Morales, G.R. No. 222821,
August 9, 2017
ii. Permissive
• Alba v. Malapajo, G.R. No.
198752, 13 January 2016
• Sy-Vargas v. Estate of Ogsos,
G.R. No. 221062, October 5, 2016
h. Effect of failure to plead
i. Failure to plead defenses and
objections
ii. Failure to plead a compulsory
counterclaim and cross-claim
i. Reply
• Casent Realty Development Corp.
v. Philbanking Corporation, G.R.
No. 150731, 14 September 2007
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j. Rejoinder
k. Default
i. When a declaration of default is
proper
• Momarco Import Co., Inc. v.
Villamena, G.R. No. 192477, July
27, 2016
ii. Effect of an order of default
• Gajudo v. Traders Royal Bank,
G.R. No. 151098, 21 March 2006
iii. Relief from an order of default
• Ramnani v. Court of Appeals,
G.R. No. 101789, April 28, 1993
iv. Default judgment and Relief
from judgment by default
• Rule 37, Rules 40-41, Rule 38
• Rule 28, Sec. 3 (c)
• Martinez v. Republic, G.R. No.
160895, 30 October 2006
• Jao & Co., Inc. v. Court of
Appeals, G.R. No. 93233
(Resolution), December 19, 1995
• Indiana Aerospace University v.
Commission on Higher Education,
G.R. No. 139371, April 4, 2001
v. Effect of a partial default
vi. Extent of relief
vii. Actions where default are not
allowed
viii. Extension of time to file an
Answer
ix. Filing and service of pleadings –
Rules 11 and 13, as amended
i. Payment of docket fees
ii. Periods of filing of
pleadings
iii. Manner of filing
iv. Modes of service
v. Service of judgments, final
orders or resolutions;
service of court-issued
orders and other documents
vi. Priority of filing and service/
Conventional service or
filing of orders, pleadings,
and other documents
vii. When service is deemed
complete
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viii. Proof of filing and service
ix. SC Admin Order No. 251-
20 dated 11 September 2020
on the Guidelines on the
Implementation in the
Philippines of the Hague
Service Convention on the
Service Abroad of Judicial
Documents in Civil and
Commercial Matters
l. Notice of Lis Pendens
• Spouses Gonzales v. Marmaine
Realty Corp., G.R. No. 214241,
January 13, 2016
m. Amendments
• Barfel Development Corp. v.
Court of Appeals, G.R. No. 98177,
June 8, 1993
• Godinez v. Court of Appeals, G.R.
No. 154330, 15 February 2007
n. Supplemental Pleadings
• Shoemart, Inc. v. Court of
Appeals, G.R. No. 86956, October
1, 1990
• Ada v. Baylon, G.R. No. 182435,
13 August 2012
II. Summons – Rule 14, as amended

a. Nature and purpose of summons
• De Pedro v. Romasan
194751, November 26, 2014
b. Duty to Issue, Validity of
Summons, Form
c. Voluntary appearance
• Uy v. Del Castillo, G.R. No.
223610, July 24, 2017
• Tujan-Militante v. Nustad, G.R.
No. 209518, June 19, 2017
d. Who may serve summons
e. On whom summons will be served
• Heirs of Manguiat v. Court of
Appeals, G.R. Nos. 150768 &
160176, August 20, 2008
• CCC Insurance Corp. v. Kawasaki
Steel Corp., G.R. No. 156162,
June 22, 2015
f. Personal service, Substituted
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service, and Constructive service
g. Extraterritorial service, when
allowed
• Arrieta v. Arrieta, G.R. No.
234808, November 19, 2018
• Perkin Elmer Singapore Pte Ltd. v.
Dakila Trading Corp. G.R. No.
172242, August 14, 2007
h. Service upon prisoners and minors;

upon spouses
i. Service upon domestic or foreign
private juridical entities
j. Proof of service
III. Motions – Rule 15, as amended

a.Motions in general
b.Form and Contents
c.Omnibus Motion Rule; Exceptions
d.Prohibited Motions; Exceptions
e.Litigious and Non-Litigious
Motions
f. Motion Day
g. Motions for Bill of Particulars (Rule
12)
IV. Dismissal of Actions – Rule 17

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
• Limaco v. Shonan Gakuen Children's
House Phil. Inc., G.R. No. 158245, June
30, 2005
• Heirs of Tungpalan v. Court of Appeals,
G.R. No. 136207, June 21, 2005
• Blay v. Baña, G.R. No. 232189, [March
7, 2018
• Quintos v. Nicolas, G.R. No. 210252,
June 16, 2014
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• Textbooks Quiz
I. Pre-Trial – Rule 18, as amended • Supreme
a. Concept, Nature and Purpose of a Court
pre-trial Decisions
b. Notice of pre-trial (SCRA)
c. Appearance of parties; effect of
failure to appear
d. Pre-trial brief; effect of failure to
appear and to file Pre-trial brief
• Paredes v. Verano, G.R. No.
164375, October 12, 200
• Spouses Khonghun v. United
Coconut Planters Bank, G.R. No.
154334, July 31, 2006
• Domingo v. Spouses Singson,
|||
G.R. Nos. 203287 & 207936,

April 5, 2017
e. Pre-trial order
f. Pre-trial in civil cases and pre-
trial in criminal cases
g. Court-Annexed Mediation
h. Judicial Dispute Resolution
i. A.M. No. 19-10-20-SC, 2020
Guidelines for the Counduct of
Court Annexed Mediation and
Judicial Dispute Resolution in
Civil Cases
j. Judgment After Pre-Trial
II. Intervention – Rule 19

• Office of the Ombudsman v. Bongais,
G.R. No. 226405, July 23, 2018
• Pulgar v. RTC of Mauban, Quezon,
Branch 64, G.R. No. 157583, September
10, 2014
III. Calendar of Casees – Rule 20

IV. Subpoena
a.Subpoena duces tecum
b.Subpoena ad testificandum
c.Service of subpoena
d.Compelling attendance of
witnesses; contempt
e. Quashing of subpoena
V. Computation of Time – Rule 22
VI. Modes of Discovery – Rules 23 to
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a. Depositions pending action;
depositions before action or
pending appeal
• Santamaria v. Cleary, G.R. Nos.
|||
197122 &197161, June 15, 2016

• Republic v. Sandiganbayan,
G.R. No. 152375, December 13,
2011
• People v. Sergio, G.R. No.
240053, 9 October 2019
b. Written interrogatories to adverse
parties
• Phil. Health Insurance Corp. v.
Our Lady of Lourdes Hospital,
G.R. No. 193158, November 11,
2015
• Sibayan v. Alda, G.R. No.
233395, January 17, 2018
c. Request for admission
• Allied Agri-Business
Development Co., Inc. v. Court
December 4, 1998
• Duque v. Spouses Yu, G.R. No.
226130, February 19, 2018
• Metro Manila Shopping Mecca
Corp. v. Toledo, G.R. No.
190818, June 5, 2013]
• Estate of Marcos v. Republic,
G.R. Nos. 213027 & 213253
(Resolution), January 18, 2017
• Lañada v. Court of Appeals,
G.R. Nos. 102390 & 102404,
February 1, 2002
• Manzano v. Despabiladeras,
G.R. No. 148786, December 16,
2004
d. Production or inspection of
documents or things
• Insigne v. Abra Valley Colleges,
Inc., G.R. No. 204089 , July 29,
2015
• Air Philippines Corp. v.
Pennswell, Inc., G.R. No.
172835, December 13, 2007
e. Physical and mental examination
of persons
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f. Consequences of refusal to comply
with modes of Discovery
• Spouses Afulugencia v.
Metropolitan Bank and Trust
Co., G.R. No. 185145, February
5, 2014
MIDTERM EXAMINATION
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• Textbooks Quiz
I. Trial – Rule 30 • Supreme
a. Schedule of Trial Court
b. Adjournments and postponements Decisions
c. Requisites of motion to postpone (SCRA)
trial
d. Agreed statement of facts
e. Order of trial; reversal of order
• Judicial Affidavit Rule
f. Oral Offer of Documentary
Exhibits
g. Suspension of Actions
• Art. 2030 and 2035, Civil Code
h. Consolidation or severance of
hearing or trial – Rule 31
• PNB v. Gotesco, G.R. No.
183211, 6 June 2009
i. Delegation of reception of
evidence
j. Trial by commissioners – Rule 32
k. A.M. No. 20-12-10-SC, Proposed
Guidelines on the Conduct of
Videoconferencing
II. Demurrer to Evidence - Rule 33

a.
Ground
b.
Effect of denial
c.
Effect of grant
d.
Waiver of right to present
evidence
e. Demurrer to evidence in a civil
case and demurrer to evidence in
a criminal case
• Republic v. De Borja, G.R. No.
187448, January 9, 2017
• Radiowealth Finance Co. v. Spouses
Del Rosario, G.R. No. 138739, July 6,
2000
• GMA Network, Inc. v. Central
CATV, Inc., G.R. No. 176694, July
18, 2014
III. Judgment and Final Order – Rule

36
• BA Finance Corp. v. Court of
Appeals, G.R. No. 107345, January
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27, 1994
• Silverio v. Court of Appeals, G.R. No.
178933, 16 September 2009
• Garrido v. Tortogo, G.R. No. 156358,
17 August 2011
a. Default Judgment – Rule 9
b. Judgment after pre-trial, Judgment
after ex parte presentation of
evidence – Rule 18
c. Judgment without trial
d. Judgment on Compromise
• Gadrinab v. Salamanca, G.R.
No. 194560, 11 June 2014
e. Judgment on the pleadings – Rule
34
• Sunbanun v. Go, G.R. No.
163280, 2 February 2010
• Diman v. Alumbres, G.R. No.
131466, November 27, 1998
• Iloilo Jar Corp. v. Comglasco
Corp., G.R. No. 219509, January
18, 2017
• Comglasco Corp. v. Santos Car
Check Center Corp., G.R. No.
202989, March 25, 2015
f. Summary judgments – Rule 35
• Asian Construction v. PCIB,
G.R. No. 153827, 25 April 2006
• Republic v. Sandiganbayan,
G.R. No. 152154, July 15, 2003
• Province of Pangasinan v. Court
March 31, 1993
g. Contents of a judgment
h. Rendition of judgments and final
orders
i. Amendment of Judgment vs.
Supplemental Judgment
• Esquivel v. Alegre, G.R. No.
79425, April 17, 1989
• Flight Attendants and Stewards
Association of the Philippines v.
Philippine Airlines, Inc., G.R.
Nos. 178083 & A.M. No. 11-
10-1-SC (Resolution), March
13, 2018
j. Judgment nunc pro tunc
• Cardoza v. Singson, G.R. No.
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59284, January 12, 1990
• Nuñal v. Court of Appeals, G.R.
No. 94005, April 6, 1993
k. Entry of judgment and final order
l. Law of the Case
m. Bar by former judgment and
conclusiveness of judgment
• Del Rosario v. Far East Bank.
G.R No. 150134, 31 October
2007
• Islamic Directorate of the
Philippines v. Court of Appeals,
G.R. No. 117897, May 14, 1997
• Allied Banking Corp. v. Court
January 10, 1994
• Spouses Noceda v. Arbizo-
Directo, G.R. No. 178495, July
26, 2010
n. Immutability of final judgment
• Griffith v. Estur, G.R. No.
161777, 7 May 2008

• Textbooks Quiz
I. Post-judgment Remedies • Supreme
a. Motion for New Trial or Court
Reconsideration Decisions
• Manila Memorial Park (SCRA)
Cemetery, Inc. v. Court of
Appeals, G.R. No. 137122,
November 15, 2000
• Dinglasan, Jr. v. Court of
September 19, 2006
• Flight Attendants and Stewards
Association of the Philippines v.
Philippine Airlines, Inc., G.R.
Nos. 178083 & A.M. No. 11-
10-1-SC (Resolution), March
13, 2018
b. Appeal - Appeals in general
1. Judgment and final orders
subject to appeal
2. Matters not appealable
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3. Remedies against judgment
and orders which are not
appealable
4. Modes of appeal
5. Issues to be raised on appeal
a. Custodio v. Court of
Appeals, G.R. NO.
116100, 9 February 1996
b. Citytrust Banking Corp. v.
Court of Appeals, G.R. No.
92591, April 30, 1991
6. Period of appeal
a. Heirs of Albano v.
|||
Spouses Ravanes, G.R.

No. 183645, July 20, 2016
b. Neypes v. Court of
September 14, 2005
c. Sumiran v. Spouses
Damaso, G.R. No. 162518,
August 19, 2009
d. Sumaway v. Urban Bank,
Inc., G.R. No. 142534,
June 27, 2006
e. San Lorenzo Ruiz Builders
and Developers Group,
Inc. v. Bayang, G.R. No.
194702, April 20, 2015
7. Perfection of appeal
a. Julian v. DBP, G.R. No.
174193, 7 December 201
b. Regional Agrarian Reform
Adjudication Board v.
Court of Appeals, G.R. No.
165155, April 12, 2010
8. Residual Jurisdiction
a. Fernandez v. Court of
Appeals, G.R. No. 131094, 16
May 2005
9. Appeal from judgment or final
orders of the MTC, MeTC,
MTC in cities, MCTC
10. Appeal from judgments or final
orders of the RTC
Ordinary Appeal Cases (Rules
40-41):
1. Encarnacion v. Amigo,
G.R. No. 169793, 15
September 2006
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2. Canlas v. Tubil G.R. No.
184285, 25 September
2009
Petition for Review Rule 42
Cases:
1. Ross Rica Sales v. Ong,
G.R. No. 132197, 16
August 2005
2. LBP v. Court of Appeals,
G.R. No. 190660, 11
August 2011
3. Macawiwili Gold Mining
and Development Co.,
Inc. v. Court of Appeals,
G.R. No. 115104, October
12, 1998
4. Anderson v. Ho, G.R. No.
172590, 7 January 2013
5. Heirs of Garcia I v.
Municipality of Iba,
Zambales, G.R. No.
162217, July 22, 2015
6. Intramuros Administration
v. Offshore Construction
Development Co., G.R.
No. 196795, March 7,
2018
11. Appeal to the Court of Appeals
orders of the CA
13. Petition for Review Rule 45
14. Rule 45 vs. Rule 65; Question
of Law v. Question of Fact
a. Republic v. Mercadera,
G.R. No. 186027,
December 8, 2010
b. Asian Terminals, Inc. v.
Simon Enterprises, Inc.,
G.R. No. 177116,
February 27, 2013
c. Maza v. Turla, G.R. No.
187094, February 15, 2017
d. Philippine Bank of
Communications v. Court
of Appeals, G.R. No.
218901, February 15, 2017
e. Mackay v. Angeles, G.R.
No. 144230 (Resolution),
September 30, 2003
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orders of the Sandibanbayan
orders of the CTA
17. Review from judgments or
final orders of the COA
final orders of the COMELEC
final orders of the CSC
final orders of the Ombudsman
final orders of the NLRC
final orders of quasi-judicial
agencies
Petition for Review Rule 43
Cases:
1. Fabian v. Desierto, G.R.
No. 129742, September
16, 1998
2. Lanting v. Ombudsman,
G.R. No. 141426, May 6,
2005
3. St. Martin Funeral Home
v. NLRC, G.R. No.
130866, September 16,
1998
4. Alcaraz v. Gonzales, G.R.
No. 164715, 20 September
2006
c. Relief from judgments, orders and
other proceedings
• Purcon v. MRM Philippines,
G.R. No. 182718, 26 September
2008
• Valencia v. Court of Appeals,
G.R. No. 119118, February 19,
2001
• Gomez v. Montalban, G.R. No.
174414, 14 March 2008
• Victory Liner v. Malinias, G.R.
No. 151170, 29 May 2007
• Madarang v. Spouses Morales,
G.R. No. 199283, June 9, 2014
d. Annulment of judgments or final
orders and resolutions
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• Republic v. De Castro, G.R. No.
189724, 7 February 2011
• Victory Liner v. Malinias, G.R.
No, 151170, 29 May 2007
• Islamic Da'wah Council of the
G.R. No. 80892, September 29,
1989
e. Collateral attack of judgments

• Textbooks Quiz
II. Execution, Satisfaction and Effect • Supreme
of Remedies – Rule 39 Court
a. Difference between finality of Decisions
judgment for purposes of appeal; (SCRA)
for purposes of execution
b. When execution shall issue
c. How a judgment is executed
• Villeza v. German Management
and Services, Inc., G.R. No.
182937, August 9, 2010
• Gagoomal v. Spouses
|||
Villacorta, G.R. No. 192813,

January 18, 2012
• Testate Estate of Maria Manuel
Vda. De Biascan v. Biascan,
G.R. No. 138731, 11 December
2000
• Office of the Court
Administrator v. Corpuz, A.M.
No. P-00-1418, September 24,
2003
• Florendo v. Paramount
Insurance Corp, G.R. No.
167976, 20 January 2020
• Balajonda v. COMELEC, G.R.
No. 166032, 28 February 2005
• Saligumba v. Palanog, G.R. No.
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143365, 4 December 2008
• Infante v. Aran Builders, G.R.
No. 156596, 24 August 2007
d. Immediate execution
• Centennial Guarantee Assurance
Corp. v. Universal Motors
Corp., G.R. No. 189358,
October 8, 2014
e. Properties exempt from execution
f. Proceedings where property is
claimed by third persons; in
relation to third party claim in
attachment and replevin
g. Rules on redemption
h. Examination of judgment obligor
when judgment is unsatisfied
i. Effect of judgment or final orders
• Del Rosario v. Far East Bank.
G.R No. 150134, 31 October
2007
• Islamic Directorate of the
G.R. No. 117897, May 14, 1997
• Allied Banking Corp. v. Court
January 10, 1994
• Spouses Noceda v. Arbizo-
Directo, G.R. No. 178495, July
26, 2010
j. Enforcement and effect of foreign
judgments or final orders
I. Provisional Remedies
a. Nature and Purpose
b. Jurisdiction over
provisional remedies
II. Preliminary attachment

a. Grounds for issuance of writ of
attachment
b. Requisites
c. Issuance and contents of order of
attachment; affidavit and bond
d. Rule on prior or contemporaneous
service of summons
e. Manner of attaching real and
personal property; when property
attached is claimed by third person
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f. Discharge of attachment and the
counter-bond
g. Satisfaction of judgment out of
property attached
• Davao Light & Power Co., Inc. v.
Court of Appeals, G.R. No. 93262,
November 29, 1991
• Torres v. Satsatin. G.R. No. 166759,
25 November 2009
• Valmonte v. Court of Appeals, G.R.
No. 108538, 22 January 1996
• Traders Royal Bank v. Intermediate
Appellate Court, G.R. No. 66321,
October 31, 1984
• (Pacis v. Commission on Elections,
|||
G.R. No. L-29026 (Resolution),

August 22, 1969
III. Preliminary injunction

a. Definition and differences between
preliminary injunction, temporary
restraining order, and status quo
ante order
b. Requisites
c. Kinds of injunctions; kinds of
temporary restraining orders
d. When writ may be issued, when
writ may not be issued
e. Grounds for issuance of
preliminary injunction
f. Grounds for objection to, or for the
dissolution of injunction or
restraining order
g. Duration of temporary restraining
order
h. Rule on prior or contemporaneous
service of summons in relation to
attachment
i. Laws Prohibiting Injunction – PD
605, PD 1818, PD 385
• Hernandez v. NPC, G.R. No. 145328,
23 March 2006
• Australian Professional Realty v.
Municipality of Padre Garcia,
Batangas, G.R. No. 183367, 14 March
2012
• City of Iloilo v. Honrado, G.R. No.
160399, December 9, 2015
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• Dungog v. Court of Appeals, G.R. No.
139767, August 5, 2003
• Antig v. Antipuesto, G.R. No. 192396
(Resolution), January 17, 2018
• Spouses Laus v. Optimum Security
Services, Inc., G.R. No. 208343,
February 3, 2016
• Verzosa v. Court of Appeals, G.R.
Nos. 119511-13, November 24, 1998
• Tay Chun Suy v. Court of Appeals,
G.R. No. 93640, January 7, 1994
• Laus v. Optimum Security Services,
G.R. No. 208343, 3 February 2016
• Federation of Land Reform Farmers
of the Philippines v. Court of Appeals,
G.R. No. 88384, July 14, 1995
IV. Receivership
a. Cases when receiver may be
appointed
b. Requisites
c. Requirement before issuance of an
order
d. General powers of a receiver
e. Two kinds of bonds
f. Termination of receivership
• Normandy v. Duque, G.R. No. L-
|||
25407, August 29, 1969
V. Replevin
a. When writ may be issued
b. Requisites
c. Affidavit and bond; redelivery
bond
d. Sheriff’s duty in the
implementation of the writ; when
property is claimed by third party
• BA Finance Corp. v. Court of
Appeals, G.R. No. 102998, July 5,
1996
• Rivera v. Vargas, G.R. No. 165895, 5
June 2009
• Advent Capital and Financ Corp. v.
Young, G.R. No. 183018, 3 August
2011
• Northern Motors, Inc. v. Herrera,
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G.R. No. L-32674, February 22, 1973
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VI. Provisional Remedies under
Special Law and Rules
a. Provisional remedies of the
Family Courts; Support Pendente
Lite
• Francisco v. Zandueta, G.R.
No. L-43794, 9 August 1935
• San Juan v. Valenzuela, G.R.
No. L-59906, October 23,
1982
b. Human Security Act
c. Anti-Violence against Women
and Children Act
d. Anti-Money Laundering Act
e. Financial Rehabilitation and
Insolvency Act
f. Precautionary Hold Departure
Orders
FINAL EXAMINATION
POLICIES:
Policies and values that the teacher might want to communicate through the
syllabus concerning attendance, participation, academic integrity (e.g. plagiarism,
cheating, fabrication), missing assignments, missed exams, recording classroom
activities, online behavior during synchronous sessions, etc.
1. Attendance will be checked every meeting.

2. Students who are called to recite but absent shall get a grade of 60.
3. Students who missed a quiz will get a grade of 60.
4. Students are prohibited from recording the online class as this is a violation of the
Copyright of the Professor.
Prepared by:
Judge Wilhelmina Jorge-Wagan

Faculty, College of Law
Atty. Plaridel J. Bohol II

Faculty, College of Law
Atty. Francesca Lourdes M. Señga

Vice Dean, College of Law
27
Approved by:
Signature
Atty. Marciano G. Delson
Dean, College of Law
Date Prepared by the Faculty: 15 August 2021
28

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SAN BEDA UNIVERSITY

COURSE DELIVERY MODE: FULL ONLINE

COURSE GOALS: Expected College of Law Graduate Attributes (ELGAs)

LEARNING OBJECTIVES/OUTCOMES (LOs):

1. Knowledge/Remembering: define, list, recognize

Class standing before Midterms Individual 16.67%

Design or the structure of the course that includes content/topics to be covered;

Course Introduction Syllabus August 16-21, Lecture

II. General Principles

V. Rule 2 - Cause of Action

VI. Rule 3 - Parties to Civil Actions

VII. Rule 4 - Venue

Module 2: • Syllabus  Recitation

e. Periods to file pleadings

II. Summons – Rule 14, as amended

h. Service upon prisoners and minors;

III. Motions – Rule 15, as amended

IV. Dismissal of Actions – Rule 17

Module 3: • Syllabus  Recitation

G.R. Nos. 203287 & 207936,

II. Intervention – Rule 19

III. Calendar of Casees – Rule 20

197122 &197161, June 15, 2016

Module 4: • Syllabus  Recitation

II. Demurrer to Evidence - Rule 33

III. Judgment and Final Order – Rule

Module 5: • Syllabus  Recitation

Spouses Ravanes, G.R.

Module 6: • Syllabus  Recitation

Villacorta, G.R. No. 192813,

II. Preliminary attachment

G.R. No. L-29026 (Resolution),

III. Preliminary injunction

25407, August 29, 1969

G.R. No. L-32674, February 22, 1973

1. Attendance will be checked every meeting.

Judge Wilhelmina Jorge-Wagan

Atty. Plaridel J. Bohol II

Atty. Francesca Lourdes M. Señga

Date Prepared by the Faculty: 15 August 2021

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Module 2: • Syllabus Recitation

Module 3: • Syllabus Recitation

Module 4: • Syllabus Recitation

Module 5: • Syllabus Recitation

Module 6: • Syllabus Recitation