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ANDRES BONIFACIO COLLEGE

SCHOOL OF LAW

SYLLABUS IN CIVIL PROCEDURE I


Atty. Richelle A. Noblefranca

COURSE DESCRIPTION:

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
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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

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