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Civil Procedure PH Syllabus, Study Guides, Projects, Research of Law

Bicol University (BU)Law

The content of this document includes Civil Procedure PH Syllabus

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Civil Procedure 1 Syllabus

ATTY. JOSEPH C. LADLAD

Coverage:

a. Rules 1 to 39 of the Rules of Court (with 2019 and 2024 amendments)

b. BP 129 as amended by RA 11576 (for Venue and Subject Matter Jurisdiction)

c. Rules on Expedited Procedures in First Level Courts (summary procedure and

small claims)

d. Assigned Jurisprudence

e. Pertinent Provisions of the Constitution

f. Katarungang Pambarangay Law (who/what needs to undergo prior barangay

amicable settlement; exceptions)

g. Supreme Court A.M. No. 19-10-20-SC (Now Rule 13-A) Interim Rule on the

Electronic Filing and Service of Pleadings, Judgments, and other Papers in

Civil Cases

h. Additional cases as we go

Teaching Methodology:

- Mixed recitations and lectures. Expect assignments, quizzes, midterm and final

examinations.

- Both classes and exams are online. Preferably using Gmeet (use your UNC issued email

addresses).

- For exams: you need to prepare 2 devices. One device (laptop, desktop, tablet) with

Microsoft word and can convert files to PDF Format for the exam. Another device that

will show you taking the exam- a cellphone or similar device. Exam questions and answers

sent through email.

I. Preliminaries

Read: Department of Education vs San Diego et al., G.R. No. 89572, Dec 21, 1989

a. Remedial Law distinguished from substantive law

b. Prospective Effect of the Rules of Court/ Retroactive Application of 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 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

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Civil Procedure 1 Syllabus ATTY. JOSEPH C. LADLAD Coverage: a. Rules 1 to 39 of the Rules of Court (with 2019 and 2024 amendments) b. BP 129 as amended by RA 11576 (for Venue and Subject Matter Jurisdiction) c. Rules on Expedited Procedures in First Level Courts (summary procedure and small claims) d. Assigned Jurisprudence e. Pertinent Provisions of the Constitution f. Katarungang Pambarangay Law (who/what needs to undergo prior barangay amicable settlement; exceptions) g. Supreme Court A.M. No. 19- 10 - 20 - SC (Now Rule 13-A) Interim Rule on the Electronic Filing and Service of Pleadings, Judgments, and other Papers in Civil Cases h. Additional cases as we go Teaching Methodology:

Mixed recitations and lectures. Expect assignments, quizzes, midterm and final examinations.
Both classes and exams are online. Preferably using Gmeet (use your UNC issued email addresses).
For exams: you need to prepare 2 devices. One device (laptop, desktop, tablet) with Microsoft word and can convert files to PDF Format for the exam. Another device that will show you taking the exam- a cellphone or similar device. Exam questions and answers sent through email. I. Preliminaries Read: Department of Education vs San Diego et al., G.R. No. 89572, Dec 21, 1989 a. Remedial Law distinguished from substantive law b. Prospective Effect of the Rules of Court/ Retroactive Application of 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 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 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, G.R. No. 217158, 12 March 2019 d. Jurisdiction of various Philippine courts i. Katarungang Pambarangay (Sec. 399-422, Local Government Code)
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
Expedited Procedures in First Level Courts
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 11576
Anama v. Citibank G.R. No. 192048, 13 December 2017
Sps. Trayvilla v. Sejas G.R. No. 204970, 1 February 2016

V. Rule 2 - Cause of Action a. Meaning of cause of action

Heirs of Tomas Dolleton v. FilEstate 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
Colmenar v. Colmenar, et al., G.R. No. 252467, 21 June 2021 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 Development Corp., G.R. No. 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 d. 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 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,

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
Colmenar v. Colmenar, et al., G.R. No. 252467, 21 June 2021 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 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 and Rule 13 - A (Supreme Court A.M. No. 19- 10 - 20 - SC Interim Rule on the Electronic Filing and Service of Pleadings, Judgments, and other Papers in Civil Cases) i. Payment of docket fees
- Rule 111, Sec. 1
- 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 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 viii. Proof of filing and service ix. Administrative Order No. 251-2020, Guidelines on the Implementation in the Philippines of the Hague Service Convention

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

Two Dismissal Rule d. Dismissal due to the fault of plaintiff e. Dismissal of counterclaim; crossclaim 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 Pre-Trial – Rule 18 a. Concept, Nature and Purpose of a pre-trial b. Notice of pre-trial 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. 2020 Guideleins for the Conduct of JDR and CAM in Civil Cases A.M. No. 19- 10 - 20 - SC j. Judgment After Pre-Trial

Intervention – Rule 19

Office of the Ombudsman v. BongaisG.R. No. 226405, July 23, 2018
Pulgar v. RTC of Mauban, Quezon, Branch 64, G.R. No. 157583, September 10, 2014 Calendar of Cases – Rule 20 Subpoena a. Subpoena duces tecum b. Subpoena ad testificandum c. Service of subpoena d. Compelling attendance of witnesses; contempt e. Quashing of subpoena Computation of Time – Rule 22 MODES OF DISCOVERY – RULES 23 TO 29 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 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 of Appeals, G.R. No. 118438, 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

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 of Appeals, G.R. No. 104266, 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. 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 of Appeals, G.R. No. 108089, January 10, 1994
Spouses Noceda v. ArbizoDirecto, G.R. No. 178495, July 26, 2010 n. Immutability of final judgment
Griffith v. Estur, G.R. No. 161777, 7 May 2008

Civil Procedure PH Syllabus, Study Guides, Projects, Research of Law

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j. Judgment nunc pro tunc

Post-judgment Remedies

a. Motion for New Trial or Reconsideration

• Manila Memorial Park Cemetery, Inc. v. Court of Appeals, G.R. No.

137122, November 15, 2000

• Dinglasan, Jr. v. Court of Appeals, G.R. No. 145420, 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

Note: Appeal (and rules governing it) is a post judgment remedy. However, LEB

Syllabus for Civil Procedure 1 only covers Rules 1 to 39. Hence, Appeals, Provisional

Remedies, and Special Civil Actions will be tackled in Civil Procedure II.

Execution, Satisfaction and Effect of Remedies – Rule 39

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

• Balajonda v. COMELEC, G.R. No. 166032, 28 February 2005

• Saligumba v. Palanog, G.R. No. 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 Philippines v. Court of Appeals, G.R. No.

117897, May 14, 1997

• Allied Banking Corp. v. Court of Appeals, G.R. No. 108089, January 10,