COURSE SYLLABUS

IN CIVIL PROCEDURE
Judge Ma. Socorro A. Vista
Second Semester 2020 – 2021

COURSE DESCRIPTION

Remedial Law Course involving the study of Rules 1 to 71 of the Rules of Court,
the appropriate provisions of the Constitution, Batas Pambansa Bilang 129, Republic Act
No. 7160, and other rules, and jurisprudence.

COURSE OBJECTIVES

To prepare the students in successfully passing the Bar Examinations specifically

the mastery of the pertinent provisions of the Rules of Court, the basic principles and
applicable jurisprudence. The course is also intended to equip the students with
adequate knowledge of the Rules of Procedure which is indispensable in the practice of
law before our courts.

PRELIMINARY CONSIDERATIONS

1. Remedial law ensures enforcement of substantive rights

2. Substantive law vs. remedial law
3. Judicial power is the totality power a court exercises
4. The hierarchy of courts; doctrine of judicial stability; doctrine of judicial
immutability; res judicata; the law of the case doctrine
5. Essence of due process; procedural and substantive due process
6. The power of the Supreme Court to promulgate rules of procedure
7. The power of judicial review; independence of the judiciary
8. Tung Hui Chung and Tong Hong Chung vs. Shi Chiu Huang a.k.a James Shi,
G.R. No. 170679, March 9, 2016
9. Gabriel Yap, Sr., Gabriel Yap, Jr., and Hyman Yap vs. Letecia Siao, etc., G.R. No.
212504, June 1, 2016

CLASSIFICATION OF JURISDICTION – THE PHILIPPINE COURT SYSTEM

1. Jurisdiction and venue

2. Classification of jurisdiction
3. Original vs. appellate jurisdiction
4. General vs. special jurisdiction
5. Exclusive vs. concurrent jurisdiction
6. Jurisdiction distinguish from exercise of jurisdiction
7. In civil proceedings, venue is procedural not jurisdictional
8. A party may be estopped from questioning the court’s jurisdiction
9. Adherence to jurisdiction; doctrine of primary jurisdiction
10. BPI Family Savings Bank, Inc., vs. Spouses Benedicto and Teresita Yujuico, G.R.
No. 175796, July 22, 2015
11. Ana Lou B. Navaja vs. Hon. Manuel A. De Castro, etc., G.R. No. 182926, June 22,
2015

THE SUPREME COURT

1. Jurisdiction of the Supreme Court

2. Questions on the constitutionality of a law
3. Cases in which the jurisdiction of any lower court is in issue
4. Criminal Cases where penalty imposed is reclusion perpetua
5. Automatic review in cases where life imprisonment or reclusion perpetua is
imposed
6. Review of decision of the Court of Appeals
7. Review of judgment of Constitutional Commissions
8. Cases in which only an error or question of law is involved
9. Discretion of Supreme Court to review cases
10. Prohibition against increasing appellate jurisdiction
11. Malayan Insurance Company, Inc., vs. Diana P. Alibudbud, G.R. No. 209011,
April 20, 2016

THE RULE-MAKING POWER OF THE SUPREME COURT

1. Rules of Court
2. Requirements as to Validity of Rules
3. Extent and Scope of the Power to Promulgate Rules of Pleading and Practice
4. Force and Effect of the Rules
5. Authority of the Supreme Court to suspend rules
6. Salvador Estipona, Jr. y Asuela v. Hon. Frank E. Lobrigo, G.R. No. 226679,
August 15, 2017

THE COURT OF APPEALS, SANDIGANBAYAN, AND THE COURT OF TAX

APPEALS

1. Classification of Jurisdiction of the Court of Appeals

2. Appeals from Other Quasi-Judicial Agencies to the Court of Appeals
3. Jurisdiction of the Court of Appeals Includes Awards of Damages
4. Appellate Jurisdiction of the Court of Appeals over Quasi-Judicial Bodies
5. Only Decisions in Exercise of Quasi-Judicial Functions Are Appealable to the
Court of Appeals
6. Jurisdiction of the Court of Appeals Where Issues Are Purely Legal
7. Jurisdiction of the Sandiganbayan under R.A. No. 8249
8. Appellate Jurisdiction of the Court of Tax Appeals under R.A. No. 9282
9. Exclusive Original Jurisdiction of the Court of Tax Appeals over Criminal
Offenses
10. Jurisdiction of the Court of Tax Appeals over Tax Collection Cases
11. Danilo A. Duncano vs. Hon. Sandiganbayan and Hon. Office of the Special
Prosecutor, G.R. No. 191894, July 15, 2015

THE REGIONAL TRIAL COURTS

1. Jurisdiction of the Regional Trial Courts

2. Cases not within the Exclusive Jurisdiction of any Court, Tribunal, Persons or
Body Exercising Judicial or Quasi-Judicial Functions
3. R.A. No. 8799 – Jurisdiction of the Securities and Exchange Commission
transferred to the Regional Trial Court
4. Heirs of Danilo Arrienda, et al., vs. Rosario Kalaw, G.R. No. 204314, April 6, 2016

METROPOLITAN TRIAL COURTS, MUNICIPAL TRIAL COURTS IN CITIES,

MUNICIPAL TRIAL COURTS, AND MUNICIPAL CIRCUIT TRIAL COURTS

1. Jurisdiction of the Metropolitan Trial Courts and the Municipal Trial Courts
2. Jurisdiction of the MTC in Forcible Entry and Unlawful Detainer Cases
3. Small Claims System

THE SHARI’A COURTS

1. Exclusive Original Jurisdiction of Shari’a District Courts

2. Concurrent Jurisdiction of Shari'a District Courts with Existing Civil Courts
3. Appellate Jurisdiction of Shari’a District Courts
4. Exclusive Original Jurisdiction of Shari’a Circuit Courts

QUASI-JUDICIAL AGENCIES
1. The Quasi-Judicial Bodies and their Jurisdiction
2. Doctrine of primary jurisdiction

CONSTITUTIONAL COMMISSIONS

1. Civil Service Commission

2. Commission on Elections
3. Commission on Audit

JUDICIAL REVIEW OF FINAL DECISIONS OF ADMINISTRATIVE AGENCIES

1. Non-Interference with Purely Administrative Matters; Exceptions

2. The Standard for Reviewing Decisions of Administrative Departments;
Exception

RULE 1 – GENERAL PROVISIONS

1. In what courts applicable

2. Civil action defined; civil actions classified
3. Action distinguish from special proceeding
4. Commencement of action; payment of docket fee/filing fees
5. Province of Leyte vs. Energy Development Corporation, G.R. No. 203124, June
22, 2015
6. Armilyn Morillo vs. People, etc., G.R. No. 198270, December 9, 2015
7. Rules of procedure generally cannot be changed by the parties; exception

RULE 2 – CAUSE OF ACTION

1. Actions; different kinds of action

2. Action in rem, in personam and quasi in rem
3. Determination of when capable of pecuniary estimation
4. Eminent domain cases as personal actions incapable of pecuniary estimation
5. Civil actions versus special proceedings
6. Cause of action
7. Exhaustion of administrative remedies; exceptions
8. Barangay conciliation under Sections 408 to 420 of R.A. No. 7160, the Local
Government Code of 1991
9. Failure to state a cause of action
10. Splitting a single cause of action and its effects
11. Joinder and misjoinder of causes of action; joinder of parties
12. Totality rule; application of the totality rule
13. Philippine National Bank v. Sps. Victoriano & Jovita Faricia Rivera, G.R. No.
189577, April 20, 2016

RULE 3 – PARTIES TO CIVIL ACTIONS

1. Parties to civil actions; entities authorized by law; legal capacity to sue and be
sued
2. Foreign corporations; principle of estoppel
3. Derivative suits of stockholders under R.A. No. 8799
4. Actions for and against Republic of the Philippines
5. Foreign State immunity
6. Compulsory and permissive joinder of parties; misjoinder and non-joinder of
parties
7. Suits against entities without juridical personality
8. Representative parties: executor or administrator
9. Spouses as parties; married women; minors or incompetents
10. Permissive joinder of parties: types of joinder of parties; distinguished from
joinder of causes of actions
11. Compulsory joinder of indispensable parties: indispensable party defined;
distinguished from necessary party; joinder mandatory
12. Right of plaintiff to select defendant
13. Necessary party: proper parties defined
14. Unwilling co-plaintiff
15. Misjoinder and non-joinder of parties: non joinder of proper parties
16. Class suit: requisites; class suit distinguished from joinder of parties
17. Alternative defendants
18. Unknown identity of defendant
19. Entity without juridical personality as defendant
20. Effect of death of party litigant

RULE 4 – VENUE OF ACTIONS

1. Venue of actions: venue defined; nature of venue; purpose of rule fixing venue
2. Venue distinguished from jurisdiction
3. When the rules on venue do not apply
4. Principles on stipulations on venue; effects of stipulations on venue
5. Venue of real actions
6. Test to determine real nature of action: primary objective test
7. Actions founded on privity of contract
8. Rescission of contracts
9. Proper venue in action involving various parcels of land
10. Personal actions; venue in personal action; venue in special proceedings; venue
on extra-judicial foreclosure of mortgage; venue of civil forfeiture cases for
money-laundering
11. BPI Family Savings Bank, Inc., vs. Spouses Benedicto and Teresita Yujuico, G.R.
No. 175796, July 22, 2015

RULE 5 – UNIFORM PROCEDURE IN TRIAL COURTS

1. Uniform procedure
2. The Revised Rules on Summary Procedure: civil cases and criminal cases
3. Rules of Procedure for Small Claims
4. Rules of Procedure for Environmental Cases

RULE 6 – KINDS OF PLEADINGS

1. Pleadings; purpose of pleadings

2. Complaint, Answer, Negative defenses, Negative pregnant, Affirmative
defenses, Collateral attack on torrens title
3. Direct attack and collateral attack distinguished
4. Counterclaim, set-off and recoupment
5. Compulsory counterclaim; cross-claims
6. Reply; when reply is necessary
7. Bringing new parties; purposes
8. Answer to third-party complaint
9. Pleadings allowed in small claim cases and cases covered by the Rules on
Summary Procedure

RULE 7 – PARTS OF A PLEADING

1. Parts of a pleading: Caption; the body; relief; signature and address

2. Effect of the signature of counsel in a pleading
3. Verification and certification against forum shopping; effect of absence of
verification
4. SPO2 Rolando Jamaca vs. People, G.R. No. 183681, July 27, 2015
5. Tolentino vs. Spouses Latagan, G.R. No. 179874, June 22, 2015

RULE 8 – MANNER OF MAKING ALLEGATIONS IN PLEADINGS

1. Allegations in a pleading; manner of making allegations

2. Distinctions between ultimate facts and evidentiary facts
3. Judicial admissions in pleadings
4. Alternative causes of action or defenses
5. Conditions precedents
6. Capacity of party to sue and be sued; how capacity is challenged; capacity to sue
foreign corporation
7. Fraud, mistake, condition of the mind; must be stated with particularity
8. Pleading a judgment or decision
9. Pleading an actionable document
10. How to contest an action founded upon a written instrument; denial of
genuineness and due execution of actionable document; effects of failure to deny
under oath
11. Pleading an official document or official act
12. Specific denials
13. Allegations not specifically denied deemed admitted
14. Striking out of pleading or matter

RULE 9 – EFFECT OF FAILURE TO PLEAD

1. Effect of failure to plead defenses and objections

2. Effect of failure to set up compulsory counterclaim
3. Compulsory cross-claim
4. Default; remedies available to a defendant in default; effect of appeals on default
judgment

RULE 10 – AMENDED AND SUPPLEMENTAL PLEADINGS

1. Amendments in general of a pleading; when amendment allowed as a matter of

right.
2. Service of new summons of amended complaints
3. Amendments by leave of court; amendments after pre-trial; supplemental
pleadings
4. Ma. Corazon M. Ola vs. People, G.R. No. 195547, December 2, 2015

RULE 11 – WHEN TO FILE RESPONSIVE PLEADINGS

1. Answer to the complaint

2. Answer to amended complaint; answer to counterclaim or cross-claim; answer to
third-party complaint; answer to supplemental complaint
3. Reply
4. Effect of failure to set up a counterclaim or cross-claim
5. Extension of time to plead

RULE 12 – BILL OF PARTICULARS

1. When bill of particulars applied

2. Motions for bill of particulars; instances when bill of particulars allowed

RULE 13 – FILING AND SERVICE OF PLEADINGS, JUDGMENTS AND OTHER

PAPERS

1. Filing and service of pleadings

2. Formal notice unnecessary where there is actual notice to the adverse party;
service on lawyer at given address
3. Legal formalities for substitution of counsel
4. Manner of filing pleadings, appearances, motions, and other papers
5. Modes of service: ordinary mail; registered mail; personal service
6. Substituted service
7. Service of judgments, final orders or resolutions
8. Completeness of service: actual and constructive service
9. Priorities in modes of service and filing; personal service mandatory
10. Proof of filing; proof of service
11. Notice of lis pendens
12. Francis C. Cervantes vs. City Service Corporation, etc., G.R. No. 191616, April
18, 2016

RULE 14 – SUMMONS

1. Summons; purpose of summons

2. Contents of summons and by whom served; issuance of alias summons
3. Substituted service; extraterritorial service
4. Effect of failure to mail summons
5. Where publication to be made
6. Residents temporarily out of the Philippines; substituted service allowed
7. Motion for leave of court to effect service against a non-resident defendant to be
supported by affidavit
8. Proof of service
9. Voluntary appearance; voluntary appearance equivalent to service; defective
service waived by voluntary appearance
10. Yuk Ling Ong vs. Benjamin T. Co. G.R. No. 206653, February 25, 2015
11. Benjamin H. Cabanez vs. Marie Joseph Solana a.k.a. Ma. Josephine S. Cabanez,
G.R. No. 200180, June 6, 2016
12. Green Star Express, Inc., and Fruto Sayson vs. Nissin-Universal Robina
Corporation, G.R. No. 181517, July 6, 2015

RULE 15 – MOTIONS

1. Motion must be in writing; hearing of motion; motion day

2. Omnibus motion rule
3. Litigated and ex parte motions
4. Pro-forma motions: requirements of motion generally mandatory; exceptions to
3-day notice and to strict compliance with motion requirements; prohibited
motion
5. Marilou S. Laude and Mesehilda S. Laude vs. Hon. Roline M. Ginez-Jabalde, etc.,
G.R. No. 217456, November 24, 2015

MOTION TO DISMISS

1. Motions to dismiss shall not be allowed; a prohibited motion

2. Grounds to dismiss civil actions
3. Dismissal with prejudice
4. The “priority-in-time rule” is not ironclad
5. That venue is improperly laid it not a ground for dismissal
6. That the plaintiff has no legal capacity to use is not a ground for dismissal
7. That the complaint fails to state a cause of action should be tested only on the
allegations in the complaint
8. That the claim on which the action is founded is unenforceable is not a ground
for dismissal
9. Court will not dismiss the civil action absent a motion
10. An order denying a motion to dismiss may only be reviewed by appeal
11. Remedy against order denying motion to dismiss
12. Effect of dismissal
13. Strategic Lawsuit Against Public Participation (SLAPP) as a defense in
environmental law cases
14. Ssangyong Corporation v. Unimarine Shipping Lines, Inc., et al., G.R. No.
162727, November 18, 2005
15. Florpina Benavidez vs. Nestor Salvador, G.R. No. 173331, December 11, 2013
16. Araneta vs. Araneta, G.R. No. 190814, October 9, 2013
17. Nemencio C. Evangelista, et al., v. Carmelino M. Santiago, G.R. No. 157447, April
29, 2005
18. Leticia Naguit Aquino, et al., v. Cesar B. Quiazon, et al., G.R. No. 201248, March
11, 2015
19. BPI Family Savings Bank, Inc., vs. Spouses Benedicto and Teresita Yujuico, G.R.
No. 175796, July 22, 2015
RULE 17 – DISMISSAL OF ACTIONS

1. Dismissal of actions upon notice by plaintiff; two-dismissal rule

2. Dismissal upon motion by plaintiff;
3. Dismissal due to the fault of plaintiff; dismissal at defendant’s or court’s instance
4. Dismissal of action because of failure of plaintiff to appear or because of failure
to prosecute
5. Dismissal with prejudice or without prejudice
6. Dismissal of counterclaim, cross-claim or third-party complaint
7. Alex Raul B. Blay v. Cynthia B. Bana, G.R. No. 232189, March 7, 2018
8. Shimizu Philippines Contractors, Inc. v. Mrs. Leticia B. Magsalin, et al., G.R. No.
170026, June 20, 2012

RULE 18 PRE-TRIAL

1. Pre-trial when conducted; pre-trial mandatory

2. Nature and purpose of pre-trial
3. Parties should disclose issues of law and fact at the pre-trial
4. Non-resolution of a motion for summary judgment should not prevent the
holding of the pretrial
5. Appearance of parties; both client and counsel must appear
6. Effect of failure to appear at the pre-trial
7. Effect of failure pre-trial brief
8. Parties are bound by the delimitation of issues agreed upon during the pre-trial
9. Judgment ex parte different from judgment by default
10. Distinction between pre-trial in civil case and pre-trial in criminal case
11. Rebecca Pacana-Contreras vs. Rovila Water Supply, Inc., G.R. No. 168979,
December 2, 2013
12. Spouses Sergio C. Pascual and Emma Servillion Pascual vs. First Consolidated
Rural Bank, Inc., et al., G.R. No. 202597, February 8, 2017
13. Josie Audie Abaganan, et al., Spouses Jonathan Clarito and Elsa Clarito, G.R. No.
211966, August 7, 2017

RULE 19 – INTERVENTION

1. Concept and nature of intervention

2. Person who has legal interest may intervene
3. Intervention is ancillary to the existing litigation
4. Intervention is not a matter of right
5. When intervention disallowed; effect of denial of motion to intervene; remedy
for the denial of motion to intervene
6. SM Land, Inc., vs. BCDA, G.R. No. 203655, September 7, 2015
7. Pulgar vs. RTC, G.R. No. 157583, September 10, 2014

RULE 20 – CALENDAR OF CASES

1. Calendar of cases; assignment of cases

2. Raffling of cases; manner of raffling

RULE 21 – SUBPOENA

1. Subpoena duces tecum; subpoena ad testificandum

2. Service of subpoena
3. Quashing of subpoena
4. Person present in court may be required to testify
5. Compelling attendance by issuing a warrant
6. Failure of a witness to obey subpoena may constitute contempt

RULE 22 – COMPUTATION OF TIME

1. How to compute time; first day excluded and last day included; pretermission of
holidays
2. Extension of time to file the required pleading; effect of interruption

RULE 23 – DEPOSITIONS PENDING ACTION (DEPOSITIONS AND DISCOVERY)

1. Modes of discovery, its concept

2. Depositions pending action
3. Scope of the examination of a deponent
4. Deposition, its concept
5. Purpose of taking deposition
6. Deposition may supplement the pleadings
7. Use of deposition at the trial
8. Substitution of parties does not affect the right to use depositions
9. Objection to admissibility of deposition
10. Taking of a deposition will not make the deponent the witness of the party
taking the deposition
11. Introducing in evidence the deposition will make the deponent the witness of the
offeror
12. Persons by whom deposition may be taken
13. Commission or letters rogatory
14. Protection to the parties or witnesses in taking depositions
15. Submission of the deposition to the witness
16. Filing of the deposition with the court
17. Deposition upon written interrogatories
18. People v. Hubert Jeffrey P. Webb, G.R. No. 132577, August 17, 1999
19. Pfeger, et al., v. Rodrigo S. Dulay, G.R. No. 158857, November 11, 2005

RULE 24 – DEPOSITIONS BEFORE ACTION OR PENDING APPEAL

(PERPETUATION OF TESTIMONY)

1. Perpetuation of testimony
2. Depositions before action; contents of petition; notice and service
3. Order and examination; reference to court; use of deposition
4. Depositions pending appeal

RULE 25 – INTERROGATORIES TO PARTIES

1. Filing and service of written interrogatories

2. Answers to interrogatories
3. Objections to interrogatories
4. Effect of refusal to answer
5. Calling the adverse party to the witness stand is not allowed unless written
interrogatories are first served
6. Spouses Afulugencia vs. Metro Bank, G.R. No. 184185, February 5, 2014

RULE 26 – ADMISSION BY ADVERSE PARTIES

1. Request for admission

2. Implied admission by adverse party
3. Scope of a request for admission
4. If allegations in the complaint are already denied, a defendant cannot be
compelled to deny them anew
5. Effect of admission
6. Effect of failure to file and serve request for admission
7. Lilia S. Duque, et al., vs. Spouses Bartolome D. Yu, Jr., and Juliet O. Yu, et al.,
G.R. No. 226130, February 19, 2018
8. Spouses Ramon Villuga, et al., v. Kelly Hardware and Construction Supply, Inc.,
G.R. No. 176570, July 18, 2012

RULE 27 – PRODUCTION OR INSPECTION OF DOCUMENTS OR THINGS

1. Motion for production or inspection of documents or things

2. Effect of refusal to obey the order requiring him to produce document or other
thing for inspection
3. Philippine Health Insurance Corporation vs. Our Lady of Lourdes Hospital, G.R.
No. 193158, November 11, 2015

RULE 28 – PHYSICAL AND MENTAL EXAMINATION OF PERSONS

1. Motion for production of documents

2. When examination may be ordered; order of examination
3. Philippine Health Insurance Corporation vs. Our Lady of Lourdes Hospital, G.R.
No. 193158, November 11, 2015

RULE 29 – REFUSAL TO COMPLY WITH MODES OF DISCOVERY (REFUSAL TO

MAKE DISCOVERY)

1. Refusal to answer
2. Contempt of court

RULE 30 – TRIAL

1. Schedule of trial
2. Continuous trial dates for plaintiff and defendant
3. Trial dates may be shortened
4. Period within which the court shall decide
5. Adjournments and postponements
6. Requisites of motion to postpone trial for absence of evidence
7. Order of trial
8. Oral offer of exhibits
9. Judge shall personally receive evidence
10. Submission of memoranda not part of the trial

RULE 31 – CONSOLIDATION OF TRIALS

1. Civil actions may be consolidated

2. Separate trials

RULE 32 – TRIAL BY COMMISSIONER

1. The court may order that trial be referred to a commissioner

2. Power of the commissioner
3. Proceedings before the commissioner
4. Failure of parties to appear before commissioner
5. Commissioner’s report; notice to parties and hearing on the report

RULE 33 – DEMURRER TO EVIDENCE

1. Defendant may for move for dismissal

2. Defendants who present a demurrer to the plaintiff’s evidence retain the right to
present their own evidence
3. Action on demurrer to evidence
4. Demurrer to evidence in civil actions distinguished from demurrer to evidence in
a criminal actions
5. Republic vs. Bakunawa, G.R. No. 180418, August 28, 2013
6. Lilia S. Duque, et al., vs. Spouses Bartolome D. Yu, Jr., and Juliet O. Yu, et al.,
G.R. No. 226130, February 19, 2018

RULE 34 – JUDGMENT ON THE PLEADINGS

1. Judgment upon motion of a party

2. Grounds for a motion on judgment on the pleadings
3. When answer fails to tender an issue
4. Judgment on the pleadings and summary judgment distinguished
5. Action on motion for judgment on the pleadings
6. Eugenia D. Polido vs. Hon. Court of Appeals, et al., G.R. No. 170632, July 10,
2007
7. Asian Construction & Development Corp., vs. Sannaedle, LTD., G.R. No. 181676,
July 11, 2014
8. GSIS vs. Prudential Guarantee and Assurance, Inc., G.R. No. 165585, November
20, 2013
9. Eugenio Basbas, et al., vs. Beata Sayson, et al., G.R. No. 172660, August 24, 2011

RULE 35 – SUMMARY JUDGMENTS

1. Summary judgment for claimant

2. In summary judgment trial is dispensed with
3. Summary judgment is permitted only if there is no genuine issue
4. Motion for summary judgment may be done prior to the pre-trial
5. Summary judgment for defending party
6. Trial despite a motion for summary judgment
7. Supporting affidavits in a motion for summary judgment
8. Spouses Ramon Villuga, et al., vs. Kelly Hardware and Construction Supply,
Inc., G.R. No. 176570, July 18, 2012
9. YKR Corporation vs. Philippine Agri-Business Center Corporation, G.R. No.
101838, October 20, 2014
10. Bell Carpets International Trading vs. Hon. Court of Appeals, et al., G.R. No.
75315, May 7, 1990
11. Spouses Sergio C. Pascual and Emma Servillion Pascual vs. First Consolidated
Rural Bank, Inc., G.R. No. 202597, February 8, 2017

RULE 36 – JUDGMENTS, FINAL ORDERS AND ENTRY THEREOF

1. Judgment and final orders shall be in writing

2. A decision violating the provisions of Section 14, Article VIII of the Constitution
is void
3. Memorandum decisions
4. Period to decide cases
5. Carolina Que Villongco, et al., vs. Cecilia Que Yabut, et al., G.R. No. 225022,
February 5, 2018
6. Solid Homes, Inc., vs. Evelena Laserna, et al., G.R. No. 166051, April 8, 2008

RULE 37 – NEW TRIAL OR RECONSIDERATION

1. Grounds for new trial and motion for reconsideration

2. Newly discovered evidence is a ground for new trial
3. Action upon motion for new trial or motion for reconsideration
4. Second motion for new trial
5. No second motion for reconsideration
6. Effect of granting a motion for new trial
7. Partial new trial or reconsideration
8. Effect of order for partial new trial
9. Remedy against order denying a motion for new trial or reconsideration
10. Philippine Deposit Insurance Corporation vs. Manu Gidwani, G.R. No. 234616,
June 20, 2018

RULE 38 – RELIEF FROM JUDGMENTS, ORDERS, OR OTHER PROCEEDINGS

1. Petition for relief from judgment, order or other proceedings

2. Petition for relief from denial of appeal
3. The remedy of petition for relief from judgment or order when available
4. Relief from judgment not available where other relief could have been availed of
by the exercise of reasonable diligence
5. Time for filing a petition for relief from judgment, orders and other proceeding
6. The sixty (60) days and six (6) months period are non-extendible
7. Answer to the petition for relief from judgment
8. Remedies to set aside a final and executory judgments
9. Collateral or direct attack against a judgment
10. Madarang vs. Spouses Morales, G.R. No. 199283, June 9, 2014

RULE 39 – EXECUTION, SATISFACTION AND EFFECT OF JUDGMENTS

1. Post-judgment remedies; execution upon judgments or final orders; writ of

execution; to be enforced by regular sheriff
2. Prevailing party is entitled to writ of execution
3. Objection to execution
4. Motion for execution of judgment is non-litigious motion
5. Execution as a matter of right and discretionary execution
6. Execution must conform to the dispositive portion
7. The dispositive portion of a decision shall prevail over the opinion of the court
8. Executory judgment and interlocutory order
9. Compromise agreement is immediately executory and not appealable
10. Supervening events preventing the execution of the judgment on compromise
agreement
11. Execution pending appeal
12. Stay of execution of judgment
13. Good reasons for execution pending appeal
14. Immediately executory judgment not stayed by appeal
15. Judgment when barred by statute of limitations
16. Execution in case of death of party
17. Execution of judgments for money
18. Execution of judgment by levy
19. Garnishment of debts and credits
20. Conveyance, delivery of deeds, or other specific acts
21. Sale of real or personal property
22. Delivery or restitution of real property
23. Property exempt from execution
24. Notice of sale of property on execution
25. Proceedings where property claimed by third person
26. How property sold on execution
27. Judgment obligee as purchaser
28. Conveyance to purchaser of personal property
29. Conveyance of real property
30. Certification of sale where property is claimed by a third person
31. Redemption of real property sold
32. Manner of using premises pending redemption
33. Purchaser not entitled to rents, earnings and income of property
34. Conveyance of the property
35. Writ of possession
36. Person indebted to the judgment obligor may pay to the sheriff
37. Court may order the judgment obligor to pay in monthly installments
38. Appointment of receiver
39. Entry of satisfaction of judgment by clerk of court
40. Effect of judgments or final orders
41. A final judgment is conclusive of the rights of the parties
42. Tarcisio S. Calilung vs. Paramount Insurance Corporation, etc., G.R. No. 195641,
July 11, 2016
43. Felicitas L. Salazar vs. Remedios Felias, et al., G.R. No. 213972, February 5, 2018
44. Anama vs. Court of Appeals, G.R. No. 187021, January 25, 2012
45. Republic vs. NAPOCOR, G.R. No. 191831, September 8, 2015
46. Roberto A. Torres, et al., vs. Antonia F. Aruego, G.R. No. 201271, September 20,
2017
47. San Miguel Pure Foods Company, Inc., vs. Foodsphere, Inc., G.R. No. 217781,
June 20, 2018
48. Stronghold Insurance Co., Inc., vs. Pamana Island Resort Hotel and Marina
Club, Inc., G.R. No. 174838, June 1, 2016
49. Ma. Corazon M. Ola vs. People, G.R. No. 195547, December 2, 2015
50. Metro Manila Shopping Mecca Corporation vs. Toledo, G.R. No. 190818,
November 10, 2014
51. National Electrification Administration v. Maguindanao Electric Cooperative,
Inc., et al., G.R. Nos. 192595-96.
52. Pulumbarit, Sr., vs. Court of Appeals, G.R. No. 153745-46, October 14, 2015
53. Philippine National Bank vs. Sps. Victoriano & Jovita Faricia Rivera, G.R. No.
189577, April 20, 2016
54. Pulumbarit, Sr., vs. Court of Appeals, G.R. No. 153745-46, October 14, 2015
55. Go vs. Chavez, G.R. No. 174542, August 3, 2015

RULE 40 – APPEAL FROM MUNICIPAL TRIAL COURTS TO THE REGIONAL TRIAL

COURTS

1. Appeal from a judgment or final order of the Municipal Trial Courts

2. When to appeal to the Regional Trial Court
3. How appeal taken to the Regional Trial Court
4. Perfection of appeal
5. Appeal from orders dismissing case without trial

RULE 41 – APPEAL FROM THE REGIONAL TRIAL COURTS

1. Subject appeal
2. If both questions of law and of facts are present, the remedy is to file a petition
for review with the Court of Appeals
3. No appeal may be taken from an interlocutory order
4. Petition for certiorari and appeal of the main action are available remedies from
an interlocutory order
5. Modes of Appeal from the Regional Trial Court
6. Appeal from the Regional Trial Court to the Court of Appeals raising only
questions of law is improper and shall be dismissed outright
7. Period of appeal
8. The provisions of the law and the rules concerning the manner and period of
appeal are mandatory and jurisdictional requirements
9. Payment of appellate court docket fees mandatory and jurisdictional
10. Notice of appeal
11. Notice of appeal and petition for review
12. Perfection of appeal
13. First Sarmiento Property Holdings, Inc., vs. Philippine Bank of Communications,
G.R. No. 202836, June 19, 2018
14. Leviste Management System, Inc., vs. Legaspi Towers 200, Inc., et al., G.R. No.
199353, April 4, 2018
15. BF Citiland Corporation vs. Marilyn B. Otake, G.R. No. 173351, July 29, 2010
16. Lourdes Valderama vs. Sonia Argueless, et al., G.R. No. 223660, April 2, 2018.
17. Republic of the Philippines vs. Florie Grace M. Cote, G.R. No. 212860, March 14,
2018
18. Alonzo Gipa, et al., vs. Southern Luzon Institute, G.R. No. 177425, July 18, 2014

RULE 42 – PETITION FOR REVIEW FROM THE REGIONAL TRIAL COURTS TO THE
COURT OF APPEALS

1. Petition for review on appeal with the Court of Appeals

2. The remedy of adverse decision by the Regional Trial Court exercising its
appellate jurisdiction is to file a verified petition for review with the Court of
Appeals
3. Failure of failure to comply with requirements as to form and contents of the
petition for review
4. Action of the Court of Appeals on the petition
5. Effect of perfection of appeal
6. Submission for decision
7. BF Citiland Corporation vs. Marilyn B. Otake, G.R. No. 173351, July 29, 2010
8. Intramuros vs. Offshore Construction Development Company, G.R. No. 196795,
Marcy 7, 2018

RULE 43 – APPEALS FROM THE COURT OF TAX APPEALS AND QUASI-JUDICIAL

AGENCIES TO THE COURT OF APPEALS

1. Scope of the rule on appeal to the Court of Appeals

2. The right to appeal is not a natural right or a part of due process; it is merely a
statutory privilege
3. Period within which to appeal to the Court of Appeals
4. How appeal taken to the Court of Appeals
5. The petitioner should not assume that its motion for extension of time would be
granted by the appellate court
6. Petition for certiorari does not interrupt the principal action
7. The remedy of an aggrieved party from a resolution issued by the Civil Service
Commission is to file a petition for review
8. Decision of the Office of the Ombudsman in administrative disciplinary cases
may be elevated to the Court of Appeals
9. Contents of the petition for review
10. Case deemed submitted for decision upon filing of last pleading
11. Effect of failure to pay docket pay and other lawful fees
12. Levi Strauss & Co., vs. Atty. Ricardo B. Blancaflor, G.R. No. 206779, April 20,
2016
13. Fernando A. Melendres v. Ombudsman Ma. Merceditas M. Gutierrez, G.R. No.
194346, June 18, 2018
14. ABS-CBN Publishing, Inc., vs. Director of the Bureau of Trademarks, G.R. No.
217916, June 20, 2018

RULE 44 – PROCEDURE IN THE COURT OF APPEALS – ORDINARY APPEALED

CASES

1. Appellant’s brief; appellee’s brief; appellant’s reply brief

2. Time of filing memoranda in special cases
3. Questions that may be raised on appeal

RULE 45 – APPEAL BY CERTIORARI TO THE SUPREME COURT

1. Filing of petition with Supreme Court

2. Petition for review under Rule 45 covers only questions of law
3. Direct appeal from RTC to the Supreme Court
4. Distinction between an appeal by certiorari and special action for certiorari
5. Certiorari as a mode of appeal under Rule 45 distinguish from certiorari as a
special action under Rule 65
6. Questions of law; questions of fact
7. Docket and other lawful fees
8. Appeals to the Supreme Court not a matter of right
9. Maria Cecilia Ocbanda vs. People, G.R. No. 208137, June 8, 2016
10. Armilyn Morillo vs. People, etc., G.R. No. 198270, December 9, 2015
11. Ma. Corazon M. Ola vs. People, G.R. No. 195547, December 2, 2015
12. Rogen Allen Bigler vs. People, G.R. No. 210972, March 19, 2016
13. Nelson Tenido y Silvestre vs. People, G.R. No. 211642, March 9, 2016
14. Damaso T. Ambray and Ceferino T. Ambray, Jr., vs. Sylvia A. Tsourous,
Carmencita Ambray, etc., G.R. No. 209264, July 5, 2016
15. Bangko Sentral Ng Pilipinas vs. Feliciano P. Legaspi, G.R. No. 205966, March 2,
2016

RULE 46 – ORIGINAL CASES

1. Papers to accompany remedy under Rule 46 in relation to Rule 65; the rule on
liberal interpretation; dismissal for failure to pay docket fee
2. Jurisdiction over the person of respondent, how acquired
3. Action by the court; determination of factual issues
4. Effect of failure of the respondent to file comment
5. Province of Leyte vs. Energy Development Corporation, G.R. No. 203124, June
22, 2015

RULE 47 – ANNULMENT OF JUDGMENTS OR FINAL ORDERS AND RESOLUTIONS

1. Annulment by the Court of Appeals of judgments of the Regional Trial Courts

2. Annulment of judgment involves exercise of original jurisdiction
3. Grounds for annulment
4. Annulment of judgment may be based either on the ground of want of
jurisdiction or is obtained by extrinsic fraud
5. The remedy of annulment is to be availed of only if the ordinary remedies of new
trial, other remedies are no longer available
6. Action to annul a final judgment will lie only if the fraud is extrinsic or collateral
in character
7. Annulment is a remedy independent of the case where the judgment sought to
be annulled is rendered
8. The objective of annulment of judgment is to set aside the judgment and grant
the petitioner and opportunity to prosecute his cause or to ventilate his defense
9. Annulment of judgment cannot be resorted to in criminal cases
10. Petition for annulment should be accompanied with affidavits of witnesses or
documents establishing the cause of action or defense
11. Effect of judgment of annulment
12. Bobie Rose D.V. Frias vs. Rolando F. Alcayde, G.R. No. 194262, February 28, 2018
13. Tung Hui Chung and Tong Hong Chang vs. Shih Chiu Huang a.k.a. James Shi,
G.R. No. 170679, March 9, 2016
14. Pinausukan Seafood vs. Far East Bank & Trust Co., G.R. No. 159926, January 20,
2014

RULE 48 – PRELIMINARY CONFERENCE

1. Preliminary conference during the pendency of a case

2. Binding effect of the results of the preliminary conference

RULE 49 – ORAL ARGUMENT

1. Oral argument, when allowed

2. Conduct of oral argument

RULE 50 – DISMISSAL OF APPEAL

1. Grounds for dismissal of appeal

2. Dismissal of improper appeal to the Court of Appeals
3. Appeals from Regional Trial Courts to the Supreme Court
4. Withdrawal of appeal

RULE 51 – JUDGMENT

1. When case deemed submitted for judgment

2. Disposition of a case; remand for trial on the merits
3. Function of lower court with respect to final judgment of Supreme Court
4. Judgment where there are several parties
5. Promulgation and notice of judgment; entry of judgment and final resolution
6. Ma. Corazon M. Ola vs. People, G.R. No. 195547, December 2, 2015
7. Sps. Campos vs. Republic, G.R. No. 184371, March 5, 2015
RULE 52 – MOTION FOR RECONSIDERATION

1. Period of filing a motion for reconsideration; second motion for reconsideration

2. Resolution of motion; stay of execution

RULE 53 – NEW TRIAL

1. Period for filing motion for a new trial; ground

2. Hearing and order; resolution of motion; procedure in new trial

RULE 54 – INTERNAL BUSINESS

1. Distribution of cases among divisions of the Court of Appeals

2. Quorum of the court

RULE 55 – PUBLICATION OF JUDGMENTS AND FINAL RESOLUTIONS

1. Publication; preparation of opinions for publication

RULE 56 – PROCEDURE IN THE SUPREME COURT

1. Original cases; rules applicable

2. Appealed cases; procedure; grounds for dismissal of appeal
3. Procedure if opinion is equally divided

RULE 57 – PROVISIONAL REMEDIES

1. Jurisdiction over provisional remedies

2. Preliminary attachment: grounds for issuance of writ of attachment
3. Watercraft Venture Corporation vs. Wolfe, G.R. No. 181721, September 9, 2015

RULE 58 – PRELIMINARY INJUNCTION

1. Preliminary injunction and temporary restraining order

2. Who may grant preliminary injunction
3. Grounds for issuance of preliminary injunction
4. When injunction is improper; duration of a Temporary Restraining Order (TRO),
ban on issuance of TRO or writ of injunction in cases involving government
infrastructure projects; R.A. No. 8975
5. Zuneca Pharmaceutical, etc., vs. Natrapharm, Inc., G.R. No. 197802, November
11, 2015

RULE 59 – RECEIVERSHIP

1. Receivership: cases when receiver may be appointed

RULE 60 – REPLEVIN

1. Replevin; when may writ be issued

2. When property is claimed by third party
3. Malayan Insurance Company, Inc., vs. Diana P. Alibudbud, G.R. No. 20911,
April 20, 2016

RULE 61 – SUPPORT ‘PENDENTE LITE’

1. Support pendent lite

2. Enforcement of order; support in criminal cases; restitution

SPECIAL CIVIL ACTIONS

RULE 62 – INTERPLEADER

1. Special civil actions; interpleader

RULE 63 – DECLARATORY RELIEF AND SIMILAR REMEDIES

1. Declaratory reliefs and similar remedies

2. Reformation of an instrument; consolidation of ownership; quieting of title to
real property

RULE 64 – REVIEW OF JUDGMENTS AND FINAL ORDERS OR RESOLUTIONS OF

THE COMMISSIONS ON ELECTIONS AND THE COMMISSION ON AUDIT

1. Discretion of the Supreme Court to review cases

2. Review of judgments and final orders or resolution of the Comelec and COA
3. Application of Rule 65 under Rule 64; distinction in the application of Rule 65 to
judgments of the Comelec and COA and the application of Rule 65 to other
tribunals, persons and officers
4. Mode of Review; time to file petition; docket and other lawful fees
5. Submission for decision; what may be reviewed by Supreme Court

RULE 65 – CERTIORARI, PROHIBITION AND MANDAMUS

1. Certiorari, prohibition and mandamus

2. Injunctive relief
3. Reliefs petitioner is entitled to
4. Ana Lou B. Navaja vs. Hon. Manuel A. De Castro, G.R. No. 182926, June 22, 2015
5. Charlie Te vs. Hon. Augusto V. Breva, U.R. Bahinting and Pryce Gaser, Inc., G.R.
No. 164974, August 5, 2015
6. Felicito M. Mejorado vs. Hon. Florencio B. Abad, G.R. No. 214430, March 9, 2016
7. Cesar Naguit vs. San Miguel Corporation, G.R. No. 188839, June 22, 2015
8. Villalon vs. Lirio, G.R. No. 183869, August 3, 2015
9. Central Bicol State University vs. Camarines Sur, G.R. No. 210861, July 29, 2015
10. Barroso vs. Judge Omelio, G.R. No. 194767, October 24, 2015

RULE 66 – QUO WARRANTO

1. Quo warranto
2. Parties and contents of petition against usurpation

RULE 67 – EXPROPRIATION

1. The power of eminent domain; expropriation

2. Proceedings by commissioners
3. When plaintiff can immediately enter into possession of the real property in
relation to R.A. No. 8974

RULE 68 – FORECLOSURE OF REAL ESTATE MORTGAGE

1. Foreclosure of real estate mortgage; sale of mortgaged property

2. Deficiency judgment; sale of mortgaged property
3. Judicial foreclosure versus extrajudicial foreclosure
4. Equity of redemption versus right of redemption
5. Extrajudicial foreclosure (R.A. 3135, as amended)
6. The General Banking Laws of 2000 (Sec. 47, R.A. No. 8791)
7. Spouses Humberto P. Delos Santos and Carmencita M. Delos Santos vs.
Metropolitan Bank and Trust Company, G.R. No. 153852, October 24, 2012

RULE 69 – PARTITION

1. Partition; who may file complaint for partition

2. Two stages in every action for partition
3. Partition by commissioners

RULE 70 – FORCIBLE ENTRY AND UNLAWFUL DETAINER

1. Forcible entry and unlawful detainer; distinguished from accion publiciana,

accion reivindicatoria and accion interdictal
2. How to determine jurisdiction in accion publiciana, accion reivindicatoria and
accion interdictal
3. Preliminary injunction and preliminary mandatory injunction
4. Resolving defense of ownership
5. Summary procedure, prohibited pleadings
6. Milagros Diaz, etc., Spouses Gaudencio Punzalan and Teresita Punzalan, G.R.
No. 203075, March 16, 2016
7. Union Bank of the Philippines vs. Philippine Rabbit Bus Lines, Inc., G.R. No.
205951, July 4, 2016

RULE 71 – CONTEMPT

1. Concept of court; civil contempt and criminal contempt distinguished

2. Contempt by whom initiated; contempt is not presumed
3. Remedy against direct contempt
4. Digital Telecommunications Phils., Inc., vs. Cantos, G.R. No. 180200, November
25, 2013
5. Hansel M. Marantan vs. Jose Manuel Diokno, G.R. No. 205956, February 12, 2014

RULES OF PROCEDURE FOR ENVIRONMENTAL CASES

1. General provisions
2. Civil Procedure
3. Pleadings and parties
4. Prohibited pleadings and motions
5. Verified complaint
6. Who may file
7. Citizen suit
8. Service of the complaint on the government or its agencies
9. Issuance of Temporary Environmental Protection Order (TEPO)
10. Action on motion for dissolution of TEPO
11. Prohibition against temporary restraining order (TRO)
12. Service of summons
13. Verified answer
14. Effect of failure to answer
15. Pre-trial
16. Trial
17. Judgment and execution
18. Strategic Lawsuit Against Public Participation (SLAPP)
19. Special Civil Actions
20. Writ of Kalikasan
21. Writ of Continuing Mandamus

Reference:
1. Luna, Disquisition and Jurisprudence on Remedial Law, Volume 1, 2020 Edition,
published by Central Book Supply, Inc.
2. Tan, Civil Procedure, A Guide for the Bench and the Bar, Book I, 2020 Edition

Class Policies:

1. Attendance is checked at _________ P.M. Please make an effort to be on time so

as not to disrupt the class.

2. If a student is called to recite and he or she is absent, the student automatically

gets a recitation grade of 65.

3. Quizzes may be given before the start of the class. A student who is unable to
take the quiz will be given a grade of 65 for that particular quiz.