Civil Procedure 1 Syllabus Departmental 2023-2024

SAN BEDA UNIVERSITY
College of Law
COURSE SYLLABUS
COURSE CODE:
COURSE TITLE: CIVIL PROCEDURE I
COURSE CREDIT: 3 UNITS
COURSE PREREQUISITE/S:
FACULTY:
EMAIL ADDRESS:
TERM/ACADEMIC YEAR: FIRST SEMESTER SCHOOL YEAR 2023-2024
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 up to Rule 39, 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
Effective in written and 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 arguments and strategies.
ethical 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
LEARNING METHODS
RESOURCES WEEK/ DATE (activities
TOPIC/CONTENT (print and non- (Schedule of each designed or
(arrangement or sequence of the major print materials Topic, Assign, deployed by the
topics is based on a logical order) and online/ Exam for the teacher to bring
open-access entire semester) about, or create
resources) the conditions
for learning)
JULY 10-15, 2023
Course Introduction Syllabus Lecture
Course overview Discussion
Course assignments
Course requirements
Module 1:
• Syllabus Module 1 Recitation
I. Preliminaries/ General Principles • Textbooks JULY 17-22, 2023 Quiz
A. Remedial Law distinguished from • Supreme (MODULE 1-
substantive law Court MODULE 2,
1. Prospective Effect of the Rules of Decisions RULE 2)
Court/ Retroactive Application of (SCRA)
Rules of Court; Applicability to
pending actions
• In the Matter to Declare in
Contempt of Court Hon. Simeon
Datumanong, G.R. No. 150274, 4
August 2006
• Colmenar v. Colmenar, G.R. No.
252467, 21 June 2021
2. Rule-making power of the
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Supreme Court
• Constitution, Art. VI, Sec. 30
• Constitution, Art. VIII, Sec. 5(5)
3. Power of the Supreme Court to
suspend the Rules of Court
• Labao v. Flores, G.R. No. 187984,
15 November 2010
B. Nature and Classification of Philippine

Courts
1. Classification of jurisdiction
a. Original vs. Appellate
b. General vs. Special
c. Exclusive vs. Concurrent
2. Constitutional and statutory courts
3. Courts of law and equity
4. Distinguish court and judge
5. Doctrines of hierarchy of courts
• Gios-Samar, Inc. v. DOTC, G.R.
No. 217158, 12 March 2019
6. Doctrine of Primary Jurisdiction;
Exceptions
• Commission on Audit v. Ferrer,
G.R. No. 218870, November 24,
2020
7. Doctrine of Exhaustion of
Administrative Remedies
• The Roman Catholic Bishop of
Malolos, Inc. v. Heirs of Marcos,
G.R. No. 225971,June 17, 2020
8. Doctrine of non-interference or
doctrine of judicial stability
• Tan v. Cinco, G.R. No. 213054, 15
June 2016
• Erice v. Sison, A.M. No. RTJ-15-
2407, November 22, 201
9. Doctrine of adherence of
jurisdiction, continuity of jurisdiction
• Vda. de Ballesteros v. Rural
Bank of Canaman, Inc., G.R. No.
176260, November 24, 2010
C. Jurisdiction
1. 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
2. Jurisdiction of various Philippine
courts, BP 129, as amended by RA
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11576
a. Supreme Court
b. Court of Appeals
c. Court of Tax Appeals
d. Regional Trial Courts
1. SRC – RA 8799
2. Sec. 2, PD 1529
• Heirs of Dolleton v. Fil-
Estate Management, Inc.,
G.R. No. 170750, April 7,
2009
e. Family Courts – RA 8639
• Thornton v. Thornton, G.R.
No. 154598, 16 August 2004
f. MTC, MeTC, MCTC, MTCC
3. Docket and Filing Fees
• Manchester Development
Corporation v. Court of
Appeals, G.R. No. 75919, 7 May
1987
• Sun Insurance Office, Ltd. V.
Asuncion, G.R Nos. 79937-38,
February 13, 1989
• Intercontinental Broadcasting
Corp. (IBC-13) v. Alonzo
Legasto, G.R. No. 169108, April
18, 2006
• Foronda-Crystal v. Son, G.R. No.
221815, November 29, 2017
4. Aspects of jurisdiction
i. Jurisdiction over the Subject
Matter
1. Conferred by law; determined
by the allegations in the
complaint
• Radio Communications of
the Philippines, Inc. v.
Court of Appeals, G.R. No.
136109, August 1, 2002
• Sps. Erorita v. Sps. Dumlao
G.R. No. 195477, 25 January
2016
• 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 – Note the
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jurisdictional amounts as
amended by RA 11576
ii. Jurisdiction over the Parties
• Palmiano-Salvador v.
Angeles, G.R. No. 171219, 3
September 2012
iii. Jurisdiction over the Issues
• tDenila v. Republic, G.R.
No. 206077, July 15, 2020
iv. Jurisdiction over the Res
• De Joya v. Marquez, G.R.
No. 162416, 31 January 2006
v. Jurisdiction over the Remedy
• Philippine Long Distance
Telephone Company v. Citi
Appliance M.C.
Corporation, G.R.
No. 214546, October 9, 2019
vi. Estoppel Jurisdiction
• Tijam v. Sibonghanoy, G.R.
No. L-21450, 15 April 1968
• Spouses Erorita v. Spouses
Dumlao, G.R. No. 195477,
January 25, 2016
D. Katarungang Pambarangay (Sec. 399-

422, Local Government Code)
1. Civil Code, Art. 2041
• 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
E. Rules on Expedited Procedures in First

Level Courts, OCA Circular No. 69-2022
1. Small Claims
2. Summary Procedure, Civil Cases
Module 2
I. Rule 1 General Provisions; Actions

a. Ordinary Civil Actions, Special Civil
Actions, Criminal Actions, Special
Proceedings
b. Personal actions and Real Actions
c. Actions in rem, in personam, and
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quasi in rem
• Macasaet v. Co, Jr., G.R. No.
156759, June 5, 2013
II. Rule 2 - Cause of Action

A. Cause of action defined
• 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, Inc. v. Casanova,
G.R. No. 202618, April 12, 2016
• Danfoss Inc. v. Continental
Cement Corp., G.R. No. 143788,
September 9, 2005
B. Failure to state cause of action
distinguished from lack of cause of
action
• Colmenar v. Colmenar, et al., G.R.
No. 252467, 21 June 2021
• Sanico v. Colipano, G.R. No.
209969, September 27, 2017
b. Test of sufficiency of cause of action
• Misamis Occidental II
Cooperative, Inc. v. David, G.R.
No. 129928, 25 August 2005
c. 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
d. Joinder and misjoinder of causes of
action
• Perez v. Hernano, G.R. No.
147417, 8 July 2005
• Pantranco North Express Inc. v.
Standard Insurance Co. Inc. , G.R.
No. 140746, March 16, 2005
• Danilo v. Pedro, G.R. No. 155736,
31 March 2005
• Santos Ventura Hocorma
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Foundation, Inc. v. Mabalacat
Institute, Inc., G.R. No. 211563,
September 29, 2021
• Rule 3, Sec. 6Permissive Joinder of
Parties
• Totality Rule (BP 129, Sec. 33, as
amended)
III. Rule 3 Parties to Civil Actions

A. Who may be parties
• Gaffney v. Butler, G.R. No.
219408, November 8, 2017
B. 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 Party
• Spouses Algura v. City of Naga
G.R. No. 150135, 30 October 2006
G. Nominal, Pro Forma Party
• Republic v. Sandiganbayan, G.R.
Nos. 232724-27, February 15, 2021
H. Misjoinder and non-joinder of
parties
• Divinagracia v. Parilla G.R. No.
196750, 11 March 2015
I. Effect of death of party litigant
1. Rule 3, Sec. 20
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• Spouses De la Cruz v. Joaquin,
G.R. No. 162788, July 28, 2005
• San Juan v. Cruz G.R. No.167321,
31 July 2006
• Gaffney v. Butler G.R. No. 219408,
8 November 2017
• Uy v. Del Castillo, G.R. No.
223610, July 24, 2017
IV. 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, personal
actions, actions against non-residents
D. When the rules on venue do not
apply
• Radiowealth Finance Co., Inc. v.
Pineda, Jr., G.R. No. 227147, July
30, 2018
• Waiver on Improper Venue
• Stipulation on Venue
E. Remedy against improper venue
Rule 8, Sec. 12
Module 3: • Syllabus Recitation

• Textbooks Quiz
I. Rule 6 Kinds of Pleadings • Supreme
A. Pleadings Defined and Allowed Court
1. Distinguish Pleading, Rule 6, Sec. Decisions
1 from Motion, Rule 15, Sec. 1 (SCRA)
B. Complaint
1. Actionable Document, Rule 8, Sec.
7; How to contest, Rule 8, Sec. 8
• Memita v. Masongsong, G.R. No.
150912, 28 May 2007
C. Answer
1. Actionable Document, Rule 8, Sec.
7
• Ridao v. Handmade Credit and
Loans, Inc., G.R. No. 236920,
February 3, 2021
2. Defenses
a. Negative Defenses
i. Specific Denial Rule 8, Sec.
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• Go Tong Electrical Supply
Co., Inc. v. BPI Family
Savings Bank, Inc., G.R. No.
187487, June 29, 2015
ii. Specific Denial Actionable
Documents, Rule 8, Sec. 8;
Reply, Rule 6, Sec. 10;
Rejoinder, Rule 6, Sec. 10
• Trans Industrial Utilities,
|||
Inc. v. Metropolitan Bank &

Trust Co., G.R. No. 227095,
January 18, 2021
• Ridao v. Handmade Credit
and Loans, Inc., G.R. No.
236920, February 3, 2021
• Casent Realty Development
Corp. v. Philbanking
Corporation, G.R. No.
150731, 14 September 2007
iii. Allegations not specifically
denied deemed admitted, Rule
8, Sec. 11
iv. Negative Pregnant
• Serrano Mahilum v. Spouses
Ilano, G.R. No. 197923, June
22, 2015
b. Affirmative Defenses
i. When there may be
summary hearing: Rule 6, Sec.
5(b) par. 1; Rule 8, Sec. 12(c)
and (d); Rule 15, Sec. 12(b)
ii. No summary hearing: Rule
6, Sec. 5(b), Par. 2; Rule 8, Sec.
12 (a); Rule 15, Sec. 12(b)
iii. Action of Court – Rule 8,
Sec. 12(c) and (d)
iv. Remedies – Rule 8, Sec.
12(e); Rule 15, Sec. 12(c)
• Colmenar v. Colmenar, et al.,
G.R. No. 252467, 21 June 2021
c. Rule 9, Sec. 1 Defenses and
objections not pleaded deemed
waived; exceptions
D. Compulsory and Permissive
Counterclaim
1. Rule 6, Sec. 12 Bringing New
Parties
2. Existing counterclaim or cross-
claim, Rule 11, Sec. 8
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a. Rule 9, Sec. 2 Compulsory
counterclaims or cross-claims not
set up, barred
3. Counterclaim or cross-claim
arising after answer, Rule 11, Sec. 9
4. Omitted counterclaim or cross-
• Metropolitan Bank v. CPR
Promotions, G.R. No. 200567, 22
June 2015
• Tiongson v. National Housing
Authority, G.R. No. 166964,
October 11, 2005
• Alday v. FGU Insurance Corp.,
G.R. No. 138822, January 23, 2001
• Carpio v. Rural Bank of Sto. Tomas
(Batangas), Inc., G.R. No. 153171, 4
May 2006
• Sy-Vargas v. Estate of Ogsos, G.R.
No. 221062, October 5, 2016
E. Cross-Claim
1. Rule 6, Sec. 12 Bringing New
Parties
2. Existing counterclaim or cross-
a. Rule 9, Sec. 2 Compulsory
counterclaims or cross-claims not
set up, barred
3. Counterclaim or cross-claim
arising after answer, Rule 11, Sec. 9
4. Omitted counterclaim or cross-
F. Counter-Counterclaim and Counter-
Cross Claim
G. Reply, Rejoinder
• Casent Realty Development Corp.
v. Philbanking Corporation, G.R.
No. 150731, 14 September 2007
H. Third-Party Complaint
I. Answer to Third-Party Complaint
II. Rule 7 Parts and Contents of a Pleading

A. Caption, Body, Signature and
Address
B. Verification
• Bangko Sentral ng Pilipinas v. BF
Homes, Inc., G.R. No. 228239, June
10, 2019
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• Jorgenetics Swine Improvement
Corp. v. Thick & Thin Agri-
Products, Inc., G.R. Nos. 201044 &
222691, May 5, 2021
• Victory Liner, Inc. v. Malinias, G.R.
No. 151170, May 29, 2007
C. Certification Against Forum
Shopping
• Bangko Sentral ng Pilipinas v. BF
Homes, Inc., G.R. No. 228239, June
10, 2019
• Tanyag v. Tanyag, G.R. No. 231319,
November 10, 2021
• Victory Liner, Inc. v. Malinias, G.R.
No. 151170, May 29, 2007
• Heirs of Gabriel v. Cebrero, G.R. No.
222737, November 12, 2018
• Cosco Philippines Shipping, Inc. v.
Kemper Insurance Co., G.R. No.
179488, April 23, 2012
D. Names of Witnesses, Summary of
Testimonies, Judicial Affidavits,
Documentary and object evidence
1. Judicial Affidavit Rule, A.M. No.
12-8-8-SC
• Lara’s Gifts and Decors, Inc. v. PNB
General Insurers, Co., G.R. No.
230429, 24 January 2018
E. A.M. No. 11-9-4-SC, Efficient Use of
Paper Rule
III. Rule 8 Manner of Making Allegations

in Pleadings
A. Distinguish Ultimate from
Evidentiary Facts
• Lazaro v. Brewmaster Intl, Inc.,
G.R. No. 182779, 23 August 2010
B. Alternative causes of action or
defenses
C. Conditions precedent
1. Katarungang Pambarangay
2. Art. 151, Family Code
D. Capacity
E. Fraud, Mistake, Condition of the
Mind
• Reyes v. RTC of Mataki, G.R. No.
165744, 11 August 2008
F. Judgment
G. Official Document or Act
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H. Striking Out of Pleading or matter
contained therein
IV. Rule 9 Effect of Failure to Plead

A. Defenses and objections not pleaded
deemed waived; exceptions
B. Compulsory counterclaims or cross-
claims not set up, barred
C. Declaration of Default
1. Rule 11, Sec. 11 Extension of Time
to File Answer
• Momarco Import Co., Inc. v.
Villamena, G.R. No. 192477, July 27,
2016
• Crisologo-Jose v. Land Bank of the
Phils., G.R. No. 167399, June 22, 2006
• Commissioner of Internal Revenue v.
Third Division of the Court of Tax
Appeals, G.R. No. 238093, January
26, 2021
• Rodriguez v. Government of the
United States of America, G.R. No.
251830, June 28, 2021
• Gajudo v. Traders Royal Bank, G.R.
No. 151098, 21 March 2006
E. Where no defaults allowed
V. Rule 10 Amended and Supplemental

Pleadings
A. Amendments in General
1. Formal Amendment
2. Filing of Amended Pleadings
3. Effect of Amended Pleadings
• Alpha Plus International
Enterprises Corp. v. Philippine
Charter Insurance Corp., G.R. No.
203756, February 10, 2021
B. Amendment as a matter of right
• Marcos-Araneta v. Court of Appeals,
G.R. No. 154096, August 22, 2008
• Biglang-awa v. Philippine Trust
Company, G.R. No. 158998, March
28, 2008
• National Mines and Allied Workers
Union v. Calderon-Bargas, G.R. No.
157232, December 10, 2007
• Limbauan v. Acosta, G.R. No.
148606, June 30, 2008
• Sante v. Claravall, G.R. No. 173915,
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February 22, 2010
C. Amendment by leave of court
D. No amendment necessary to
conform to or authorize presentation of
evidence
E. Supplemental Pleadings
• Spouses Lambino v. Presiding Judge,
RTC, Br. 172, Valenzuela City, G.R.
No. 169551, January 24, 2007
• Ada v. Baylon, G.R. No. 182435, 13
August 2012
VI. Rule 11 When to File Responsive

Pleadings
VII. Rule 12 Bill of Particulars

• Roa v. Spouses Sy, G.R. No. 221586,
September 14, 2021
Module 4
I. Rule 13 Filing and Service of Pleadings,

Judgments and Other Papers
A. Definition of Filing, Papers Required
to be Filed
1. Conventional Filing
2. Manner of Filing, When Date of
Filing
3. Proof of Filing
B. Definition of Service, Papers
Required to be Served
1. Conventional Service
2. Different modes of service
a. Distinguish Substituted Service
under Rule 13 from Substituted
service of summons under Rule
14
b. Completeness of Service
c. Service on counsel
• Abutin v. San Juan, G.R. No.
247345, July 6, 2020
3. Presumptive Service
4. Proof of Service
C. A.M. No. No. 251-2020, Guidelines
on the Implementation in the
Philippines of the Hague Service
Convention on the Service Abroad of
Judicial Documents in Civil and
Commercial Matters
D. A.M. No. 11-9-4-SC, Efficient Use of
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Paper Rule
E. Notice of Lis Pendens
• Spouses Gonzales v. Marmaine
Realty Corp., G.R. No. 214241,
January 13, 2016
• Equitable PCI Bank, Inc. v. South
Rich Acres, Inc., G.R. Nos. 202384
& 202397, May 4, 2021
II. Rule 14 Summons

A. Nature and purpose of summons
• Sabado v. Sabado, G.R. No. 214270,
May 12, 2021
B. Dismissal Prior to issuance of
summons
1. Rule 9, Sec. 1 in relation to Rule 14,
Sec. 1
C. Contents
D. Who may Serve
1. When counsel for defendant may
serve summons
E. Alias Summons
F. Service on Address indicated in the
Complaint, Sec. 4, Rule 14
• Sarol v. Spouses Diao, G.R. No.
244129, December 9, 2020
G. Personal Service
• Yap v. Lagtapon, G.R. No. 196347,
January 23, 2017
H. Substituted Service
244129, December 9, 2020
• BDO Unibank, Inc. v. Spouses
Chang, G.R. No. 250769, May 3,
2021
• EUCDI United Construction and
Development, Inc. v. De Guzman,
G.R. No. 196836, September 16,
2020
I. Service Upon Private Domestic
Juridical Entity
1. Wherever they may be found
• CCC Insurance Corp. v. Kawasaki
Steel Corp., G.R. No. 156162, June
22, 2015
2. Exclusive list
• Integrated Micro Electronics, Inc.
v. Standard Insurance Co., Inc.,
G.R. No. 210302, August 27, 2020
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J. Service on Public Corporations
• Heirs of Manguiat v. Court of
Appeals, G.R. Nos. 150768 &
160176, August 20, 2008
Service when identity or whereabouts
of defendant is unknown
• Roxas v. Asiatrust Development
Bank, Inc., G.R. No. 203506, January
6, 2020 – Note, the present Sec. 16
was formerly Sec. 14 as discussed in
this case
• Procianos-Cohen v. Heirs of
Magdayao, G.R. No. 241558,
September 29, 2021 - Note, the
present Sec. 16 was formerly Sec. 14
as discussed in this case
K. Extraterritorial Service of Summons
• Perkin Elmer Singapore Pte Ltd. v.
Dakila Trading Corp. G.R. No.
172242, August 14, 2007
244129, December 9, 2020; Note, the
present Sec. 17 was formerly Sec 15
as discussed in this case
L. Service on Residents Temporarily
Out of the Philippines
• Sabado v. Sabado, G.R. No. 214270,
May 12, 2021
• Barber v. Chua, G.R. No. 205630,
January 12, 2021
M. Return and Proof of Service
• BDO Unibank, Inc. v. Spouses
Chang, G.R. No. 250769, May 3,
2021
N. Voluntary Appearance
• Belo v. Marcantonio, G.R. No.
243366, September 8, 2020
• Roxas v. Asiatrust Development
Bank, Inc., G.R. No. 203506, January
6, 2020
• Uy v. Del Castillo, G.R. No. 223610,
July 24, 2017
Module 5
I. Rule 15 Motions
A. Distinguish Dismissal with prejudice
from dismissal without prejudice
1. Rule 41, Sec. 1
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• Heirs of Sadhwani v. Sadhwani,
G.R. No. 217365, August 14, 2019
II. Rule 17 Dismissal of Actions

A. Dismissal upon Notice by Plaintiff
B. Dismissal upon Motion of Plaintiff
• Blay v. Baña, G.R. No. 232189, March
7, 2018
C. Dismissal due to fault of plaintiff
• Heirs of Sanchez v. Abrantes, G.R.
No. 234999, August 4, 2021,|||
• Philippine National Bank v. Daradar,
G.R. No. 180203, June 28, 2021
Module 6: • Syllabus Recitation

• Textbooks Quiz
I. Rule 18 Pre-Trial • Supreme
A. Concept, Nature, Purpose; Compare Court
with Pre-Trial in Criminal Cases Decisions
• Dela Cruz v. Victa Realty &
||| (SCRA)
218627, June 14, 2021
B. Notice and Appearance; Effect of

Failure to Appear
218627, June 14, 2021
• Domingo v. Spouses Singson, G.R.
Nos. 203287 & 207936, April 5, 2017
C. Pre-Trial Brief; Effect of Failure to
File
218627, June 14, 2021
D. Court Annexed Mediation, Judicial
Dispute Resolution
1. Mediation on Civil Liability -
Revised Guidelines for Continuous
Trial of Criminal Cases (A.M. No.
15-06-10-SC)
2. 2020 Guidelines for the Conduct
of JDR and CAM in Civil Cases
A.M. No. 19-10-20-SC
E. Judgment after Pre-Trial
II. Rule 19 Intervention
16
LEARNING
LEARNING METHODS
for learning)
• Pulgar v. RTC of Mauban, Quezon,
Branch 64, G.R. No. 157583,
September 10, 2014
• Office of the Ombudsman v. Cerna,
G.R. No. 195134, March 24, 2021
III. Rule 20 Calendar of Cases
IV. Rule 21 Subpoena
V. Rule 22 Computation of Time

• Rabe-Valeros v. Heirs of Marinas,
G.R. No. 196148, October 2, 2019
Module 7
Modes of Discovery
I. Rule 23 Depositions Pending Actions

• Santamaria v. Cleary, G.R. Nos.
197122 &197161, June 15, 2016
• People v. Sergio, G.R. No. 240053,
9 October 2019
II. Rule 24 Depositions Before Action or
Pending Appeal
III. Rule 25 Interrogatories to Parties
• Ng Meng Tam v. China Banking
Corp., G.R. No. 214054 , August 5,
2015
• Spouses Afulugencia v.
Metropolitan Bank and Trust Co.,
G.R. No. 185145, February 5, 2014
IV. Rule 26 Admission by Adverse Party
• Duque v. Spouses Yu, G.R. No.
226130, February 19, 2018
• Lañada v. Court of Appeals, G.R.
Nos. 102390 & 102404, February 1,
2002
V. Rule 27 Production or Inspection of
Documents or Things
• Air Philippines Corp. v.
Pennswell, Inc., G.R. No. 172835,
December 13, 2007
VI. Rule 28 Physical and Mental
Examination of Persons
VII. Refusal to Comply with Modes of
Discovery
• Castillo v. Torres-Aquino, G.R.
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No. 190034, November 20, 2017
Module 5:
I. Trial – Rule 30
A. Schedule of Trial
B. Order of Trial; Reverse Trial
1. Judicial Affidavit Rule, A.M. No.
12-8-8-SC, Sec. 9
2. Form of Testimony, Revised
Guidelines for Continuous Trial of
Criminal Cases (A.M. No. 15-06-10-
SC)
3. Rules on Expedited Procedures in
First Level Courts, OCA Circular
No. 69-2022, Use of Judicial
Affidavits and Sworn Statements in
Criminal Cases under Summary
Procedure
C. Adjournments and postponements
1. Rule 15, Sec, 12(f)
2. Rule 18, Sec. 7
D. Agreed statement of facts
1. Rue 129, Sec. 4
E. Oral Offer of Documentary Exhibits
1. Rule 132, Sec, 34-40
F. Suspension of Actions
1. Art. 2030 and 2035, Civil Code
G. Rule 31 Consolidation or severance
of hearing or trial
• Deutsche Bank AG v. Court of
Appeals, G.R. No. 193065,
February 27, 2012
H. Delegation of reception of evidence
1. Rule 9, Sec. 3
I. Rule 32 Trial by commissioners
J. A.M. No. 20-12-01-SC Guidelines on
the Conduct of Videoconferencing
II. When no trial will be conducted

A. Rule 33 Demurrer to Evidence,
Distinguished from Dismissal due to
failure to state a cause of action
• Colmenar v. Colmenar, G.R. No.
252467, 21 June 2021
1. Motion
a. Rule 15, Sec. 5(a)(12), Sec. 5(b)-(c),
Sec 6-7
2. Grounds
• Republic v. De Borja, G.R. No.
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187448, January 9, 2017
• GMA Network, Inc. v. Central
CATV, Inc., G.R. No. 176694, July
18, 2014
3. Effects of Grant and Denial
187448, January 9, 2017
• Duque v. Spouses Yu, G.R. No.
226130, February 19, 2018
4. Remedies against grant and denial
187448, January 9, 2017
• Rule 41, Sec. 1
5. Compare with Demurrer in Criminal
Cases, Rule 119, Sec. 23
B. Rule 34 Judgment on the pleadings

1. Court Motu proprio, Rule 18, Sec. 7(i)
and Sec. 10
2. Motion
a. Rule 15, Sec. 5(a)(12), Sec. 5(b)-(c),
Sec 6-7
3. Grounds
a. Rule 8, Sec. 8, 10 and 11
• Comglasco Corp. v. Santos Car
Check Center Corp., G.R. No.
202989, March 25, 2015
• Fernando Medical Enterprises,
Inc. v. Wesleyan University
Phils., Inc., G.R. No. 207970, 20
January 2016
• Iloilo Jar Corp. v. Comglasco
Corp., G.R. No. 219509, January
18, 2017
• Sunbanun v. Go, G.R. No. 163280,
2 February 2010
a. Rule 41, Sec. 1
b. Rule 18, Sec. 10
5. When prohibited
a. A.M. No. 02-11-10-SC, Sec. 17
b. A.M. No. 02-11-11-SC, Sec. 14(b)
6. Distinguish from Judgment by
Default, Summary Judgment
• Garcia v. Llamas, G.R. No. 154127,
December 8, 2003
C. Rule 35 Summary Judgment

1. Court Motu proprio, Rule 18, Sec. 7(i)
19
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and Sec. 10
• Spouses Pascual v. First
Consolidated Rural Bank (Bohol),
Inc., G.R. No. 202597, February 8,
2017
2. Motion
a. Rule 15, Sec. 5(a)(12), Sec. 5(b)-(c),
Sec 6-7
3. Grounds
• Asian Construction v. PCIB, G.R.
No. 153827, 25 April 2006
• Pepsi-Cola Products Philippines,
Inc. v. Isabela Leaf Tobacco Co.,
Inc., G.R. No. 237840 , June 10,
2019
• Aljem's Credit Investors Corp. v.
Spouses Bautista, G.R. No.
215175, April 25, 2022
4. Partial Summary Judgment
• Philippine Business Bank v.
Chua, G.R. No. 178899,
November 15, 2010
a. Rule 41, Sec. 1
b. Rule 18, Sec. 10
• Aljem's Credit Investors Corp. v.
Spouses Bautista, G.R. No.
215175, April 25, 2022
D. Rule 9, Sec. 3 Judgment by Default

• Bacabac v. Spouses Tiu, G.R. No.
228126, June 30, 2021
• National Power Corp. v. Baysic, G.R.
No. 213893, September 25, 2019
E. Judgment on Compromise
• Spouses Garcia v. Spouses Soriano,
G.R. No. 219431, August 24, 2020
• National Electrification
Administration v. Maguindanao
Electric Cooperative, Inc., G.R. Nos.
192595-96 & 192676-77, April 11, 2018
• St. Francis Plaza Corp. v. Solco, G.R.
|||
Nos. 248519, 248520 & 248757-59,

March 17, 2021
Module 8
I. Rule 36 Judgment and Final Order
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LEARNING
LEARNING METHODS
for learning)
A. Distinguished from Interlocutory
Order
1. Rule 41, Sec. 1
• Garrido v. Tortogo, G.R. No.
156358, 17 August 2011
B. Supplemental and Amended
Judgment
• Planters Development Bank v.
Sps. Lopez, G.R. No. 186332,
October 23, 2013
C. Judgment Nunc pro tunc
• Baterina v. Musngi, G.R. Nos.
239203-09, July 28, 2021
D. Entry of Judgment and Final Order
1. Immutability of Final Judgments;
Exceptions
• Philippine Veterans Bank v. Bank
of Commerce, G.R. Nos. 217938 &
217945, September 15, 2021
2. Bar by Prior Judgment
• Padillo v. Court of Appeals, G.R.
No. 119707, November 29, 2001
• People v. Escobar G.R. No.
214300, 26 July 2017
3. Conclusiveness of Judgment
• Padua v. Heirs of De Guzman.,
G.R. No. 221521, February 3, 2021
4. Law of the Case
• Philippine Ports Authority v.
Nasipit Integrated Arrastre and
Stevedoring Services, Inc., G.R.
No. 214864, March 22, 2017
Module 7:
I. Post-judgment Remedies
A. Rule 37 - Motion for New Trial or
Reconsideration
a. Berry Rule
b. Sec. 3, Rule 41
• Dinglasan, Jr. v. Court of Appeals,
G.R. No. 145420, September 19, 2006
• Marikina Valley Development Corp.
v. Flojo, G.R. No. 110801, December 8,
1995
• Carreon v. Aguillon, G.R. No. 240108 ,
June 29, 2020
• Valdez v. Sundiang, G.R. No. 248786,
October 14, 2020
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B. Rule 38 - Relief from judgments, orders

and other proceedings
• Madarang v. Spouses Morales, G.R.
No. 199283, June 9, 2014
• 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
• Santos v. Santos, G.R. No. 214593,
July 17, 2019
Module 8:
I. Rule 39 - Execution, Satisfaction and

Effect of Remedies
a. Execution as a Matter of Right
i. Difference between final order/
judgment for purposes of appeal
and for purposes of execution
ii. Execution in Small Claims, Rules
on Expedited Procedures in First
Level Courts, OCA Circular No. 69-
2022
b. Execution Pending Appeal
• Heirs of Casiño, Sr. v.
Development Bank of the
Philippines, Malaybalay Branch,
Bukidnon, G.R. Nos. 204052-53,
March 11, 2020
• Centennial Guarantee Assurance
Corp. v. Universal Motors Corp.,
G.R. No. 189358, October 8, 2014
i. Discretionary Execution and stay
of Discretionary Execution
ii. Execution not stayed by Appeal,
exceptions
1. Forcible Entry and Unlawful
Detainer, Execution and Stay of
Execution, Sec. 19, Rule 70
o Office of the Court
Administrator v. Corpuz,
A.M. No. P-00-1418,
September 24, 2003
c. Period and Manner of Execution – By
Motion or Independent Action
• Villareal, Jr. v. Metropolitan
Waterworks and Sewerage System,
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G.R. No. 232202, February 28, 2018
• Perez v. Manotok Realty, Inc., G.R.
No. 216157, October 14, 2019
• Villeza v. German Management
and Services, Inc., G.R. No. 182937,
August 9, 2010
• Infante v. Aran Builders, G.R. No.
156596, 24 August 2007
i. Voluntary Execution without Writ
of Execution - Procedure
d. Execution in case of death of party
i. Rule 86, Sec 7
ii. Rule 87, Sec. 1
e. Issuance, Form Contents, Return of
Writ of Execution
f. Execution of Judgment for Money
• Vergara, et al., v. Gedorio, et al.,
G.R. No. 154037, 30 April 2003
• Rule 61, Sec. 5
i. Properties exempt from Execution
ii. Examination of judgment obligor
and obligor of judgment obligor
when judgment is unsatisfied
iii. Levy, Garnishment – Manner of
Levy and Garnishment
• Miranda v. Spouses Mallari,
G.R. No. 218343, November 28,
2018
iv. Order for Application of
Property and Income to Satisfaction
of Judgment
v. Notice of Public Sale, Procedure
vi. Terceria
• Bigtas v. Sterling Bank of Asia,
G.R. No. 230804, March 24, 2021
• Power Sector Assets and
Liabilities Management Corp. v.
Maunlad Homes, Inc, G.R. No.
215933, February 8, 2017
vii. Rules on Redemption
• AQA Global Construction, Inc.
v. Planters Development Bank,
G.R. Nos. 211649 & 211742 ,
August 12, 2015
g. Execution of Judgment for a Specific
Act
• Barrete v. Amila, A.M. No. MTJ-
92-733, 23 February 1994
h. Execution of Special Judgment
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for learning)
• Sia v. Arcenas, G.R. Nos. 209672-
74, 14 January 2015
i. Effects of Judgments or Final Orders
• Metropolitan Manila
Development Authority v.
Concerned Residents of Manila
Bay, G.R. Nos. 171947-48, 15
February 2011
j. Effects of Foreign Judgments or Final
Orders
• Rules on Action for Support
and Petition for Recognition
and Enforcement of Foreign
Decisions or Judgments on
Support, A.M. No. 21-02-02-SC
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:
Atty. Ramon S. Esguerra

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

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

Vice Dean, College of Law
24
Approved by:
Signature
Atty. Marciano G. Delson
Dean, College of Law
Date Prepared by the Faculty: July 2023
25

Civil Procedure 1 Syllabus Departmental 2023-2024

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Civil Procedure 1 Syllabus Departmental 2023-2024

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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%

B. Nature and Classification of Philippine

D. Katarungang Pambarangay (Sec. 399-

E. Rules on Expedited Procedures in First

I. Rule 1 General Provisions; Actions

II. Rule 2 - Cause of Action

III. Rule 3 Parties to Civil Actions

IV. Rule 4 - Venue

Module 3: • Syllabus  Recitation

Inc. v. Metropolitan Bank &

II. Rule 7 Parts and Contents of a Pleading

III. Rule 8 Manner of Making Allegations

IV. Rule 9 Effect of Failure to Plead

V. Rule 10 Amended and Supplemental

VI. Rule 11 When to File Responsive

VII. Rule 12 Bill of Particulars

I. Rule 13 Filing and Service of Pleadings,

II. Rule 14 Summons

II. Rule 17 Dismissal of Actions

Module 6: • Syllabus  Recitation

B. Notice and Appearance; Effect of

II. Rule 19 Intervention

III. Rule 20 Calendar of Cases

IV. Rule 21 Subpoena

V. Rule 22 Computation of Time

I. Rule 23 Depositions Pending Actions

II. When no trial will be conducted

B. Rule 34 Judgment on the pleadings

C. Rule 35 Summary Judgment

D. Rule 9, Sec. 3 Judgment by Default

Nos. 248519, 248520 & 248757-59,

I. Rule 36 Judgment and Final Order

B. Rule 38 - Relief from judgments, orders

I. Rule 39 - Execution, Satisfaction and

1. Attendance will be checked every meeting.

Atty. Ramon S. Esguerra

Atty. Plaridel J. Bohol II

Atty. Francesca Lourdes M. Señga

Date Prepared by the Faculty: July 2023

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Module 3: • Syllabus Recitation

Module 6: • Syllabus Recitation