This document is the syllabus for a Civil Procedure I course taught by Atty. Richelle A. Noblefranca at the Andres Bonifacio College School of Law. The course provides an in-depth study of procedural laws governing civil disputes in the Philippines, with a focus on jurisdiction, Rules 1-39 of the Rules of Court, and small claims procedures. Students will learn about appropriate alternative dispute resolution methods and study applicable court cases to supplement their understanding of the rules. The course also aims to develop familiarity with relevant legal forms.
This document is the syllabus for a Civil Procedure I course taught by Atty. Richelle A. Noblefranca at the Andres Bonifacio College School of Law. The course provides an in-depth study of procedural laws governing civil disputes in the Philippines, with a focus on jurisdiction, Rules 1-39 of the Rules of Court, and small claims procedures. Students will learn about appropriate alternative dispute resolution methods and study applicable court cases to supplement their understanding of the rules. The course also aims to develop familiarity with relevant legal forms.
This document is the syllabus for a Civil Procedure I course taught by Atty. Richelle A. Noblefranca at the Andres Bonifacio College School of Law. The course provides an in-depth study of procedural laws governing civil disputes in the Philippines, with a focus on jurisdiction, Rules 1-39 of the Rules of Court, and small claims procedures. Students will learn about appropriate alternative dispute resolution methods and study applicable court cases to supplement their understanding of the rules. The course also aims to develop familiarity with relevant legal forms.
A study on the interplay of procedural laws in the resolution of civil
disputes, with an in-depth focus on the jurisdiction in civil actions, Rules 1 to 39 of the 1997 Rules of Court as amended, and small claims. The course also includes discussion of appropriate modes of dispute resolution such as mediation, barangay conciliation and the like. The study of the rules is supplemented by a study of applicable jurisprudence. The course also develops familiarity with relevant legal forms.
PART I – INTRODUCTION
I. PRELIMINARIES: A) Concept of Remedial Law
B) Remedial Law distinguished from Substantive Law
C) Prospective Effect of the Rules of Court
1. Bermejo v. Barrios, G.R. No. L-23614, February 27, 1970
D) Applicability to pending actions; retroactivity.
2. In the Matter to Declare in Contempt of Court Hon. Simeon Datumanong, G.R. No. 150274, August 4, 2006 3. PCI Leasing and Finance, Inc. vs. Go Ko, G.R. No. 148641, March 31, 2005 4. Go vs. Sunbanon, G.R. No. 168240, February 9, 2011 5. First Aqua Traders, Inc. vs. Bank of the Philippine Islands, G.R. No. 154034, February 5, 2007
E) When procedural rules do not apply to pending action.
6. Tan vs. CA, G.R. No. 136368, January 16, 2002
F) Rule making power of Supreme Court
i. Art. VIII, Sec. 5 (5), Constitution ii. Art. VI, Sec. 30 iii. Power to amend the rules. 7. Neypes vs. Court of Appeals, G.R. No. 141524, Sept. 14, 2005 iv. Power to suspend the Rules; power to reverse itself. 8. Pilapil vs. Heirs of Briones, G.R. No. 150175, Mar. 10, 2006 9. Commissioner of Internal Revenue vs. Migrant Pagbilao Corporation, G.R. No. 159593, October 12, 2006 Page 1 of 2 10. Labao vs. Flores, G.R. No. 187984, Nov. 11, 2010 v. Limitation on the rule-making power of the Supreme Court.
G) Distinguish Civil Action, Criminal Action and Special Proceedings.
H) Nature of Philippine Courts
i. Meaning of Court 11. Republic vs. Moldex Realty Inc., G.R. No. 171041, February 10, 2016 ii. Distinguish Court and Judge iii. Classification of Philippine Courts iv. Court of Original and Appellate Jurisdiction v. Courts of General and Special Jurisdiction vi. Constitutional and Statutory Courts vii. Courts of Law and Equity viii. Principle of Judicial Hierarchy 12. Dy vs. Bibat-Palamos, G.R. No. 196200, 2013 13. Capalla vs. Commission on Elections, G.R. Nos. 201112, June 13, 2012 14. First United vs. Poro Point, G.R. No. 178799, 2009 ix. Doctrine of Non-Interference or Doctrine of Judicial Stability 15. Lapu-lapu Development and Housing Corp vs. Group Management Corp, G.R. No. 141407, 2002 16. Suico Industrial Corporation vs. CA, G.R. No. 123050, 1999 17. Philippine Sinter Corporation vs. Cagayan Electric Power and Light Co., Inc., G.R. No. 127371, 2002