REMEDIAL LAW

COURSE SYLLABUS

COURSE CODE: CIV PRO 2

COURSE TITLE: CIVIL PROCEDURE II
COURSE CREDIT: 3 UNITS
COURSE PREREQUISITE/S:
FACULTY:
EMAIL ADDRESS:
TERM/ACADEMIC YEAR: SECOND SEMESTER SCHOOL YEAR 2024-2025
DAY/TIME/ROOM/SECTION:
COURSE DELIVERY MODE:
CONSULTATION DAY/TIME:

COURSE DESCRIPTION:

A detailed evaluation of the law on the Rules of Court, as amended, specifically on

appeals, provisional remedies and special civil actions.

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 and criminal procedure in particular, in preparation for the bar
Effective in written and examination 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 ethical arguments and strategies.
responsibilities

ASSESSMENT/GRADING SYSTEM:

The student will be graded according to the following:

1
 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
METHODS
LEARNING
WEEK/ DATE (activities
RESOURCES
(Schedule of designed or
TOPIC/CONTENT (print and non-
each Topic, deployed by the
(arrangement or sequence of the major print materials
Assign, Exam for teacher to
topics is based on a logical order) and online/
the entire bring about, or
open-access
semester) create the
resources)
conditions for
learning)

Course Introduction Syllabus Lecture

Ÿ Course overview Discussion
Ÿ Course assignments
Ÿ Course requirements

MODULE 1

I. Judgment and Final Order

Distinguished from Interlocutory Order
1. Rule 41, Sec. 1
• Garrido v. Tortogo, G.R. No.
156358, 17 August 2011

II. Appeal - Appeals in general

• Custodio v. Court of Appeals, G.R.
NO. 116100, 9 February 1996
1. Judgment and final orders subject to
appeal
2. Matters not appealable
a. Remedy – Rule 65

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LEARNING
WEEK/ DATE (activities
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(Schedule of designed or
TOPIC/CONTENT (print and non-
each Topic, deployed by the
(arrangement or sequence of the major print materials
Assign, Exam for teacher to
topics is based on a logical order) and online/
the entire bring about, or
open-access
semester) create the
resources)
conditions for
learning)
3. Remedies against judgment and
orders which are not appealable
a. Rule 41, Sec. 1, compare with Rule
40, Sec. 8
4. Modes of appeal
a. Appeal when matter of right and
when discretionary
5. Issues to be raised on appeal in civil
cases
• Republic v. Capital Resources
Corp., G.R. No. 217210, November
7, 2016
• Borromeo v. Mina, G.R. No.
193747, June 5, 2013
6. Period of appeal; Fresh Period Rule
• Neypes v. Court of Appeals, G.R.
No. 141524, September 14, 2005||
• Heirs of Albano v. Spouses
Ravanes, G.R. No. 183645, July 20,
2016
• Puerto del Sol Palawan, Inc. v.
Gabaen, G.R. No. 212607, March
27, 2019
7. Perfection of appeal
• Ang v. Court of Appeals, G.R. No.
238203, September 3, 2020
• Regional Agrarian Reform
Adjudication Board v. Court of
Appeals, G.R. No. 165155, April
12, 2010
• Bernardo v. Soriano, G.R. No.
200104, June 19, 2019
8. Residual Jurisdiction
• Development Bank of the
Philippines v. Carpio, G.R. No.
195450, February 1, 2017
9. Appeal from judgment or final orders
of the MTC, MeTC, MTC in cities,
MCTC
a. Appeals in Summary Procedure,
Rules on Expedited Procedures in
the First Level Courts, OCA Circular
No. 69-2022
b. Remedy against Decision in Small
Claims, Rules on Expedited
Procedures in the First Level Courts,
OCA Circular No. 69-2022
• A.L. Ang Network, Inc. v. Emma

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(Schedule of designed or
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each Topic, deployed by the
(arrangement or sequence of the major print materials
Assign, Exam for teacher to
topics is based on a logical order) and online/
the entire bring about, or
open-access
semester) create the
resources)
conditions for
learning)
Mondejar, G.R. No. 200804, 22
January 2014
c. Rule 40
• Encarnacion v. Amigo, G.R. No.
169793, 15 September 2006
• Canlas v. Tubil G.R. No. 184285, 25
September 2009
i. Applicability of Rule 41
provisions to Rule 40, insofar as
they are not inconsistent (Rule 40,
Sec. 9)
10. Appeal from judgments or final
orders of the RTC
a. Appeal of Judgment of RTC
rendered in exercise of its original
jurisdiction - Ordinary Appeal Rule
41, Rule 44
i. Appeal of judgments in
certiorari, prohibition, mandamus,
quo warranto and habeas corpus
ii. Dismissal of Appeal by RTC,
Sec. 13, Rule 41
• Philippine Bank of
Communications v. Court of
Appeals, G.R. No. 218901,
February 15, 2017
iii. Dismissal of Appeal by CA,
Rule 50
• Heirs of Garcia I v.
Municipality of Iba, Zambales,
G.R. No. 162217, July 22, 2015
iv. Rules 48-55, Procedure in the
CA
• Rule 46

b. Appeal of Judgment of RTC

rendered in exercise of its original
jurisdiction – Petition for Review on
Certiorari, Rule 45 on pure question
of law
i. Distinguish Question of Fact from
Question of Law
• Dangdang-David v. Alba, G.R.
No. 204621, October 6, 2021
• Republic v. De Borja, G.R. No.
187448, January 9, 2017

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METHODS
LEARNING
WEEK/ DATE (activities
RESOURCES
(Schedule of designed or
TOPIC/CONTENT (print and non-
each Topic, deployed by the
(arrangement or sequence of the major print materials
Assign, Exam for teacher to
topics is based on a logical order) and online/
the entire bring about, or
open-access
semester) create the
resources)
conditions for
learning)
MODULE 2

c. Appeal of Judgment of RTC

rendered in exercise of its appellate
jurisdiction, Rule 42
i. Sec. 2, Appeals in Summary
Procedure, Rules on Expedited
Procedures in the First Level
Courts, OCA Circular No. 69-
2022
ii. Rules 48-55, Procedure in the
CA
• Ross Rica Sales v. Ong, G.R.
No. 132197, 16 August 2005
• Land Bank of the Phils. v.
Court of Appeals, G.R. No.
221636, July 11, 2016
• Anderson v. Ho, G.R. No.
172590, 7 January 2013
• Intramuros Administration v.
Offshore Construction
Development Co., G.R. No.
196795, March 7, 2018

11. Appeal from Quasi-Judicial

Agencies to the Court of Appeals, Rule
43
• Erice v. Sison, A.M. No. RTJ-15-
2407, November 22, 2017
• Gatchalian v. Office of the
Ombudsman, G.R. No. 229288 ,
August 1, 2018
• St. Martin Funeral Home v. NLRC,
G.R. No. 130866, September 16,
1998
• Alcaraz v. Gonzales, G.R. No.
164715, 20 September 2006
• Global Medical Center of Laguna,
Inc. v. Ross Systems International,
Inc., G.R. No. 230112 and 230119, 11
May 2021
i. Appeal from CTA, Sec. 1, Rule 16,
Revised Rules of the Court of Tax
Appeals, A.M. No. 05-11-07-CTA

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METHODS
LEARNING
WEEK/ DATE (activities
RESOURCES
(Schedule of designed or
TOPIC/CONTENT (print and non-
each Topic, deployed by the
(arrangement or sequence of the major print materials
Assign, Exam for teacher to
topics is based on a logical order) and online/
the entire bring about, or
open-access
semester) create the
resources)
conditions for
learning)
MODULE 3

12. Appeal to the Supreme Court

a. Rule 45, Petition for Review on
Certiorari
i. Distinguish Rule 45 from Rule 65
• Mackay v. Angeles, G.R. No.
144230, September 30, 2003
1. When Rule 65 may, by
exception, be treated as under
Rule 45
• City of Manila v. Grecia-Cuerdo,
G.R. No. 175723, February 4, 2014
ii. Question of Law from Question
of Fact
• Asian Terminals, Inc. v. Simon
Enterprises, Inc., G.R. No. 177116,
February 27, 2013
• Global Medical Center of Laguna,
Inc. v. Ross Systems International,
Inc., G.R. No. 230112 and 230119, 11
May 2021
iii. Rule 56, and applicability of
provisions of Rules 48, 51, 52
iv. Revised Guidelines on
Submission of Electronic Copies of
Supreme Court-Bound Papers
Pursuant to the Efficient Use of
Paper Rule, A.M. No. 10-3-7-
SC/A.M. No. 11-9-4-SC, 22
February 2022, OCA Circular No.
117-2024
b. Notice of Appeal
i. From Sandiganbayan, 2018 Revised
Internal Rules of the Sandiganbayan,
A.M. No. 13-7-05-SB
ii. From CA, Rule 124, Sec. 13(c)
iii. Revised Guidelines on Submission
of Electronic Copies of Supreme
Court-Bound Papers Pursuant to the
Efficient Use of Paper Rule, A.M. No.
10-3-7-SC/A.M. No. 11-9-4-SC, 22
February 2022, OCA Circular No. 117-
2024
iv. Rule 56, and applicability of
provisions of Rules 48, 51, 52

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(Schedule of designed or
TOPIC/CONTENT (print and non-
each Topic, deployed by the
(arrangement or sequence of the major print materials
Assign, Exam for teacher to
topics is based on a logical order) and online/
the entire bring about, or
open-access
semester) create the
resources)
conditions for
learning)
MODULE 4

Rule 47 - Annulment of judgments or final

orders and resolutions
• Republic v. De Castro, G.R. No.
189724, 7 February 2011
• Spouses Flores v. Spouses Estrellado,
G.R. No. 251669, December 7, 2021
• Spouses Alvarez v. Court of Appeals
(Former 12th Division), G.R. No.
192472, June 3, 2019
• Ancheta v. Cambay, G.R. No. 204272,
January 18, 2021
• Llamas v. Court of Appeals, G.R. No.
149588, September 29, 2009
• Heirs of Borras v. Heirs of Borras, 25
April 2022, G.R. No. 213888
• Rule 47 and Rule 38, compare and
contrast
• Rule 47 compared with Collateral
attack of judgments
• Pacasum, Sr. v. Zamoranos, G.R.
No.193719, March 21, 2017

Module 5

I. Provisional Remedies
a. Nature and Purpose
b. Jurisdiction over provisional remedies

A. Rule 57 Preliminary Attachment

1. Grounds for issuance of writ of
attachment
• Valmonte v. Court of Appeals,
G.R. No. 108538, 22 January 1996
2. Application, Requisites for issuance
of writ of attachment
• Davao Light & Power Co., Inc. v.
Court of Appeals, G.R. No. 93262,
November 29, 1991
• Torres v. Satsatin. G.R. No. 166759,
25 November 2009
3. Enforcement of Writ of Attachment
4. Manner of Attachment
5. Discharge of Attachment
• Davao Light & Power Co., Inc. v.
Court of Appeals, G.R. No. 93262,
November 29, 1991

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(arrangement or sequence of the major print materials
Assign, Exam for teacher to
topics is based on a logical order) and online/
the entire bring about, or
open-access
semester) create the
resources)
conditions for
learning)
6. Sale before entry of judgment
7. Third Party Claimant
• Bigtas v. Sterling Bank of Asia,
G.R. No. 230804, March 24, 2021
7. Satisaction of judgment out of
property attached
8. Claim for damages
• Excellent Quality Apparel, Inc. v.
Visayan Surety & Insurance Corp.,
G.R. No. 212025 , July 1, 2015
• China Banking Corp. v. Asian
Construction and Development
Corp., G.R. No. 158271, April 8,
2008

B. Rule 58 Preliminary Injunction

1. Distinguish: Main Action and
Provisional Remedy
• Garcia v. Honorable Clerk of
Court, G.R. No. 248542, January
22, 2020
• Sola v. First Jia Philippines West
View Estate and Development,
G.R. No. 249926, March 2, 2020
2. Application, Requisites, What Needs
to be Proven
• Australian Professional Realty v.
Municipality of Padre Garcia,
Batangas, G.R. No. 183367, 14
March 2012
3. TRO, Ex-parte TRO
• Spouses Lago v. Abul, Jr., A.M.
No. RTJ-10-2255, January 17, 2011
• Evy Construction and
Development Corp. v. Valiant Roll
Forming Sales Corp., G.R. No.
207938, October 11, 2017
• Spouses Tumon v. Radiowealth
Finance Co., Inc., G.R. No. 243999,
March 18, 2021
4. Writ of Preliminary Injunction
• Evy Construction and
Development Corp. v. Valiant Roll
Forming Sales Corp., G.R. No.
207938, October 11, 2017
• Spouses Tumon v. Radiowealth
Finance Co., Inc., G.R. No. 243999,
March 18, 2021

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METHODS
LEARNING
WEEK/ DATE (activities
RESOURCES
(Schedule of designed or
TOPIC/CONTENT (print and non-
each Topic, deployed by the
(arrangement or sequence of the major print materials
Assign, Exam for teacher to
topics is based on a logical order) and online/
the entire bring about, or
open-access
semester) create the
resources)
conditions for
learning)
5. Grounds for objection to/dissolution
of TRO/WPI
• City of Iloilo v. Honrado, G.R. No.
160399, December 9, 2015
• Spouses Laus v. Optimum
Security Services, Inc., G.R. No.
208343, February 3, 2016
• Rule 70, Sec. 15
• |||Philippine Associated
Smelting and Refining Corp. v.
Lim, G.R. No. 172948, October 5,
2016
• Strategic Alliance Development
Corp. v. Star Infrastructure
Development Corp., G.R. No.
187872, April 11, 2011
6. Claim for Damages
7. When TRO/WPI is prohibited/Not
allowed
• PD 605, PD 1818, PD 385
• Dynamic Builders & Construction
Co. (Phil.), Inc. v. Presbitero, Jr.,
G.R. No. 174202, April 7, 2015
• Antig v. Antipuesto, G.R. No.
192396, January 17, 2018
• Bank of the Philippine Islands v.
Hontanosas, Jr., G.R. No. 157163,
June 25, 2014

Module 6

C. Rule 59 Receivership
1. Cases when receiver may be
appointed; Requisites
• ||Tantano v. Espina-Caboverde,
G.R. No. 203585, July 29, 2013
2. General powers of a receiver
3. Two kinds of bonds
4. Termination of receivership
5. Claim for Damages

D. Rule 60 Replevin
1. Principal and Provisional Remedy
• Enriquez v. The Mercantile
Insurance Co., Inc., G.R. No.
210950, August 15, 2018

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LEARNING
WEEK/ DATE (activities
RESOURCES
(Schedule of designed or
TOPIC/CONTENT (print and non-
each Topic, deployed by the
(arrangement or sequence of the major print materials
Assign, Exam for teacher to
topics is based on a logical order) and online/
the entire bring about, or
open-access
semester) create the
resources)
conditions for
learning)
• Servicewide Specialists, Inc. v.
Court of Appeals, G.R. No. 110048,
November 19, 1999
2. When writ may be issued; Requisites
3. When property is claimed by third
party
4. Objections to/dissolution/discharge
of writ
• Rivera v. Vargas, G.R. No. 165895,
5 June 2009
• Advent Capital and Financ Corp.
v. Young, G.R. No. 183018, 3
August 2011
• 5. Claim for damages
• Enriquez v. The Mercantile
Insurance Co., Inc., G.R. No.
210950, August 15, 2018
• Advent Capital and Finance Corp.
v. Young, G.R. No. 183018, 3
August 2011

E. Rule 61 Support
• Somosa-Ramos v. Vamenta Jr.,
G.R. No. L-34132, July 29, 1972
• San Juan v. Valenzuela, G.R. No.
L-59906, October 23, 1982

F. Provisional Remedies under Special

Law and Rules
• Provisional remedies In Family
Cases, A.M. No. 02-11-12-SC, Rile
on Provisional Orders
• Human Security Act
• Anti-Violence against Women and
Children Act
• Anti-Money Laundering Act
• Financial Rehabilitation and
Insolvency Act
• Precautionary Hold Departure
Orders

Module 7

Special Civil Actions

1. Interpleader
- Jurisdiction, BP 129 as amended by RA

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topics is based on a logical order) and online/
the entire bring about, or
open-access
semester) create the
resources)
conditions for
learning)
11576
- Nature and Definition
- Rizal Commercial Banking Corporation
v. Metro Container Corporation, G.R. No.
127913, 13 September 2001
c. Propriety of Interpleader
- United Coconut Planters Bank v.
Intermediate Appellate Court, G.R. Nos.
726645-65, 20 March 1990
- Sy-Quia v. Sheriff of Ilocos Sur, 46
Phi. 400 (1924)
- Beltran v. People’s Homesite and
Housing Corporation, G.R. No. L-
25138, 28 August 1996.
- Wack-Wack Golf & Country Club, Inc.
v. Won, G.R. No. L-23851, 26 March
1976
- Republic v. Heirs of Cruz, G.R. No.
208956, October 17, 2018
- Consignation vs. Interpleader – Art.
1256, Civil Code
- Docket and other lawful fees, costs and
litigation expenses
- Summons
- Responsive Pleadings
- Declaration of Default
- Motion to Dismiss – See Revised Rules
– Civil Procedure
- Effect of Dismissal of Interpleader on
Counterclaim
- United Coconut Planters Bank v.
Intermediate Appellate Court, G.R.
Nos. 726645-65, 20 March 1990

Module 8

Declaratory Relief and Similar

Remedies
a. Declaratory Relief
- Jurisdiction, BP 129 as amended by RA
11576
- Nature and Definition; Requisites
• Valerde v. Social Justice Society,
G.R. No. 159357, 28 April 2004
• Mangahas, et al., v. Paredes, et al.,
G.R. No. 157866, 14 February
2007
• Ollada v. Central Bank of the
Philippines, No. L-11357, 31
May 1962

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topics is based on a logical order) and online/
the entire bring about, or
open-access
semester) create the
resources)
conditions for
learning)
- Declaratory Relief v. Clarificatory
Judgment
- Court discretion to refuse to declare
rights
- Non-execution of declaratory
judgments; exceptions
- PDIC v. CA, G.R. No. 126911, 30 April
2003
- Matalin Coconut Co., v. Municipal
Council of Malabang, Lano del Sur,
G.R. No. L-28138, 13 August 1986.
- Department of Budget and Mangement,
et al., v. Manila’s Finest Retirees
Association, Inc., et al., G.R. No.
169466, 9 May 2007.
vi. Conversion of Declaratory Relief to
Ordinary Action
b. Reformation of Instrument
- Jurisdiction, BP 129 as amended by RA
11576
- Nature and Definition
c. Quieting of Title
- Jurisdiction, BP 129 as amended by RA
11576
- Nature and Definition – Art. 476-477,
Civil Code
- Lucasan, et al., v. Philippine Deposit
Insurance Corporation, G.R. No.
176929, 04 July 2008
d. Consolidation of Title
- Jurisdiction, BP 129 as amended by RA
11576
Nature and Definition – Art. 1607, 1616,
Civil Code

MIDTERM EXAMINATION

Module 9

- Review on Judgments and Final Orders

or Resolutions of the COMELEC and
COA
• Figueroa v. COA, G.R. Nos.
213212, 213497, 213655, 27
April 2021
• Genuino v. COA, G.R. No. 230818,
15
June 2021
- Jurisdiction, BP 129 as amended by RA

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topics is based on a logical order) and online/
the entire bring about, or
open-access
semester) create the
resources)
conditions for
learning)
11576
- Timeliness of Filing Petition; Exception
- Fortune Life Insurance Co., Inc. v.
COA,
G.R. No. 213525, 27 January 2015
- Osmeña v. COA, G.R. No. 188818,
31 May 2011
- Collado v. Villar, G.R. No.
193143, December 1, 2020
- Philippine Association of Detective
and Protective Agency Operators v.
Commission on Elections, G.R. No.
223505, October 3, 2017

c. Grounds for outright dismissal of

petition
d. Rule 64 vs Rule 65

Module 10

- Certiorari, Prohibition, Mandamos

• Jurisdiction, BP 129 as amended by
RA 11576
• Nature and Definition
• Scope of Enforceability of Writ
- Sec. 21 (1), BP 129
- Board of Trustees of GSIS v. Velasco,
G.R. No. 170463, 2 February 2011
d. Rule 45 v. Rule 65
e. Extraordinary Remedy; Requisites and
when availed of
- Art. VIII, Sec. 1, Constitution
- De Lima v. Reyes, G.R. No. 209330,
11 January 2016
- Joson v. Office of Ombudsman,
G.R. Nos. 210220-21, 6 April 2016
- Dagan v. Office of the Ombudsman,
G.R. No. 184083, 19 November 2013
- Estrada v. Desierto, G.R. No. 156160,
9 December 2004
- Fabian v. Desierto, G.R. No. 129742,
16 September 1998
- Ong v. People, G.R. No. 140904, 9
October 2000, citing Tadeo v.
People,
G.R. No. 129774, 29 December 1998
- Rivera v. Espiritu, G.R. No. 135547,
23 January 2002
- Uy v. Santiago, G.R. No. 131237,

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open-access
semester) create the
resources)
conditions for
learning)
31 July 2000
- Austria v. AAA, G.R. No. 205275, 28
June 2022

f. Parties
g. Timeliness of filing Petition

Module 11

Writ of Kalikasan – AM No. 09-6-8-SC,

13 April 2010
a. Jurisdiction, BP 129 as amended by RA
11576, Procedure, Prohibited Pleadings,
Appeal
- Segovia v. Climate Change
Commission,
G.R. No. 211010, 7 March 2017
- International Service for the
Acquisition of Agri-Biotech
Applications, Inc. v.
Greenpeace Southeast Asia (Phils.),
G.R. Nos. 209271, 209276, 209301 &
209430,
8 December 2015
- West Tower Condominium v. First
Phil Industrial Corp, G.R. No. 194239,
16 June 2015
- LNL Archipelago Minerals, Inc. v.
Agham Party List, G.R. No. 209165,
April 12, 2016.
- Resident Marine Mammals of Tanon
Strait v. Reyes G.R. No. 180771, 21
April 2015

Writ of Continuing Mandamus - AM

No. 09-6-8-SC, 13 April 2010
a. Jurisdiction, BP 129 as amended by RA
11576, Procedure, Prohibited Pleadings,
Appeal
- Segovia v. Climate Change
Commission,
G.R. No. 211010, 7 March 2017
- Dolot v. Paje, G.R. No. 199199,
27 August 2013
- Metropolitan Manila
Development Authority v.
Concerned Residents of Manila
Bay, G.R. Nos. 171947-48

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each Topic, deployed by the
(arrangement or sequence of the major print materials
Assign, Exam for teacher to
topics is based on a logical order) and online/
the entire bring about, or
open-access
semester) create the
resources)
conditions for
learning)
(Resolution), 15 February 2011

Module 12

7. Quo Warranto
a. Jurisdiction, BP 129 as amended by
RA 11576
b. Nature and Definition
- Compare with Mandamus
c. Timeliness of filing Petition
- Torres v. Quintos, G.R. No. L-3304,
4 May 1951
- Republic v. Sereno, G.R. No. 237428,
11 May 2018
d. Quo Warranto Omnibus Election
Code vs. Rules of Court
- Omnibus Election Code, Sec. 253
- Comelec Rules of Procedure, Rule
21, Sec. 1
- A.M. No. 10-4-1-SC – 2010 Rules of
Procedure for Municipal Election
Constests, Rule 2, Sec. 2

Module 13

Expropriation
a. Jurisdiction, BP 129 as amended by RA
11576
- Ruby Shelter Builders v. Formaran,
G.R. No. 175914, 10 February 2009
- BPI v. Hontanosas, G.R. No. 157163,
25 June 2014
- Barrido v. Nonato, G.R. No. 176492,
20 October 2014
- Bardillon v. Barangay Masili, G.R.
No. 146886, 30 April 2003
- Barangay San Roque v. Heirs of Pastor,
G.R. No. 138896, 20 June 2000
- NTC v. Bermuda Development Corp,
G.R. No. 214782, 3 April 2019
b. Nature, Definition, Distinguished from
Eminent Domain, Inverse Condemnation
c. Stages/ Phases; Inverse Condemnation
- Republic v. Phil-Ville Development
and Housing Corporation, G.R. No.
172243, 26 June 2007
- Eusebio v. Luis, G.R. No. 162474,
13 October 2009

15
 LEARNING
METHODS
LEARNING
WEEK/ DATE (activities
RESOURCES
(Schedule of designed or
TOPIC/CONTENT (print and non-
each Topic, deployed by the
(arrangement or sequence of the major print materials
Assign, Exam for teacher to
topics is based on a logical order) and online/
the entire bring about, or
open-access
semester) create the
resources)
conditions for
learning)
- De Ynchausti v. Manila Electric
Railroad & Light Co., 36 Phil. 908
(1917)
National Power Corporation v. Manubay-
Agro Industrial Development
Corporation, G.R. No. 150936, 18 August
2004
- City of Manila v. Chinese Community
of Manila, 40 Phil. 349 (1919)
- National Power Corp. v. Court of
Appeals, G.R. No. 16804, 12 August
2004
- Metropolitan Water District v. De
los Angeles, 55 Phil. 776 (1931)
- National Transmission Corp. v.
Oroville Development Corp., G.R. No.
223366,
August 1, 2017
d. Parties
- De Knecht v. Court of Appeals, G.R.
Nos. 108015 & 109234, 20 May 1998
e. Prohibition on Motion to Dismiss
f. Right to Entry/ Writ of Possession
- Biglang-Awa v. Bacalla, G.R. Nos.
139927 and 139936, 22 November
2000
- Robern Development Corp. v. Quitain,
G.R. No. 135042, 23 September 1999
g. Mandatory Appointment of
Commissioners; Exception
- Manila Electric Co. v. Pineda, G.R.
No. 59791, 13 February 1992
- National Power Corp. v. Court of
Appeals, G.R. No. 16804, 12 August
2004
- Province of Davao Del Norte v.
Buenaventura-Navarro, G.R. No.
208771 (Notice), 27 February 2019
h. Just Compensation
- Republic v. Vda. de Castellvi, G.R.
No. L-20620, 15 August 1974
- B.H. Berkenkotter & Co. v. Court
of Appeals, G.R. No. 89980, 14
December
1992
- Evergreen Manufacturing Corp. v.
Republic, G.R. Nos. 218628 & 218631,
6
September 2017
- National Power Corp. v. Heirs of

16
 LEARNING
METHODS
LEARNING
WEEK/ DATE (activities
RESOURCES
(Schedule of designed or
TOPIC/CONTENT (print and non-
each Topic, deployed by the
(arrangement or sequence of the major print materials
Assign, Exam for teacher to
topics is based on a logical order) and online/
the entire bring about, or
open-access
semester) create the
resources)
conditions for
learning)
Sangkay, G.R. No. 165828, 24
August
2011
- Republic v. Salvador, G.R. no. 205428,
7 June 2017
- Republic v. Fetalvero, G.R. No.
198008, 4 February 2009
i. LGU expropriation
- Star Special Watchman & Detective
Agency, Inc. v. Puerto Princesa City,
G.R.
No. 181792, 21 April 2014
j. Appeal
k. Reacquisition of expropriated property
- Mactan-Cebu International Airport
Authority v. Lozada, Sr., G.R. No.
176625, 25 February 2010
l. RA 10752 – Right of Way Act and its
Implementing Rules
- Coverage
- Modes of Acquiring Real Property
- Defendants
- Expropriation Proceedings
- Immediate Possession of Premises
- Payment of Interest
- Relocation of Informal Settlers
- Writ of Demolition

Module 14

9. Foreclosure of Real Estate Mortgage

a. Jurisdiction, BP 129 as amended by
RA 11576
b. Nature and Definition; Compare
with Extrajudicial Foreclosure – Act
No. 3135
- Marilag v. Martinez, G.R. No.
201892, 22 July 2015
- Bacharach Motor Co., Inc. v.
Icarañgal, 68 Phil. 287 (1939)
- Bulatao v. Estonactoc, G.R. No.
235020,
December 10, 2019

c. Stages/ Phases
- Huerta Alba Resort, Inc. v. Court of
Appeals, G.R. No. 128567, 1
September
2000

17
 LEARNING
METHODS
LEARNING
WEEK/ DATE (activities
RESOURCES
(Schedule of designed or
TOPIC/CONTENT (print and non-
each Topic, deployed by the
(arrangement or sequence of the major print materials
Assign, Exam for teacher to
topics is based on a logical order) and online/
the entire bring about, or
open-access
semester) create the
resources)
conditions for
learning)
- Cuyco v. Cuyco, G.R. No. 168736,
19 April 2006
- Rehabilitation Finance Corporation
v,. Alto Surety & Insurance Co., G.R.
No. L- 14303, 24 March 1960
- Baysa v. Plantilla, G.R. No. 159271,
13 July 2015
- Sulit v. Court of Appeals, G.R.
No. 119247, 17 February 1997
- Marilag v. Martinez, G.R. No.
201892, 22 July 2015
d. Appeal
e. WPI/TRO
Spouses Tumon v. Radiowealth Finance
Co., Inc., G.R. No. 243999, March 18,
2021
Extrajudicial foreclosure of mortgage
• A.M. No. 99-10-05-0, August 7,
2001
• Palo v. Sps. Baquirquir (G.R. No.
228919, 23 August 2023
• Act No. 3135
• OCA CIRCULAR NO. 50-2024
(Requirement of Fee and
Additional Deposit in Extrajudicial
Foreclosure Cases Pursuant to
Section 10, Rule 141 of the Rules,
OCA Circular No. 50-2024,
[February 21, 2024])
• Philippine Savings Bank v. Co, G.R.
No. 232004, (06 October 2021
• Nagtalon v. UCPB, G.R. No.
172504, 31 July 2013

Partition
a. Jurisdiction, BP 129 as amended by RA
11576
- Agarrado v. Librando-Agarrado, G.R
No. 212413, 6 June 2018
b. Nature and Definition
- Art. 484, 494, 495, 1083, 1062, Civil
Code
- Art. 99, 126, 101, 134, 145, 154, 159,
Family Code
- Heirs of Ernesto Morales v. Agustin,
G.R. No. 224849, 6 June 2018
- De Pedro v. Romasan Development
Corporation, G.R. No. 194751, 26
November 2014

18
 LEARNING
METHODS
LEARNING
WEEK/ DATE (activities
RESOURCES
(Schedule of designed or
TOPIC/CONTENT (print and non-
each Topic, deployed by the
(arrangement or sequence of the major print materials
Assign, Exam for teacher to
topics is based on a logical order) and online/
the entire bring about, or
open-access
semester) create the
resources)
conditions for
learning)
c. Phases/ Stages
- Agarrado v. Librando-Agarrado,
G.R No. 212413, 6 June 2018
- Ignacio v. Reyes, G.R. No. 213192,
12 July 2017
- Quilatan v. Heirs of Quilatan, G.FR.
No. 183059, 28 August 2009
- Heirs of Panfilo F. Abalos v. Bucal,
G.R. No. 156224, 19 February 2008
- Maglucot-Aw v. Maglucot, G.R.
No. 132518, 28 March 2000
- De Mesa v. Court of Appeals, G.R.
No. 109387, 25 April 1994
- Dadizon v. Bernades, G.R. No.
172367, 5 June 2009

Module 15

Forcible Entry and Unlawful Detainer

- Domagas v. Jenses, G.R. No. 158407,
17 January 2005
a. Jurisdiction, BP 129 as amended by RA
11576
- Hilado v. Chavez, G.R. No. 134742, 22
September 2004
b. OCA Circular No. 69-2022, Rules
on Expedited Procedures in First
Level Courts for Summary Procedure
c. Nature and Definition; Distinguish
i. Forcible Entry

- Espiritu v. Court of Appeals, G.R.

No. 125473, 29 June 1999
- Sarona v. Villegas, G.R. No. L-
22984, 27 March 1968
ii. Unlawful Detainer
- Espiritu v. Court of Appeals, G.R.
No. 125473, 29 June 1999
- Spouses Muñoz v. Court of Appeals,
G.R. No. 102693, 23 September 1992
- Villegas v. Court of Appeals, G.R.
No. 76880, 20 December 1988
- Article 1670, Civil Code
- Spouses Velasco v. Laigo, G.R.
No. 199215 (Notice), 16 January
2019
- Javelosa v. Court of Appeals, G.R.
No. 124292, 10 December 1996
d. Provisional Determination of

19
 LEARNING
METHODS
LEARNING
WEEK/ DATE (activities
RESOURCES
(Schedule of designed or
TOPIC/CONTENT (print and non-
each Topic, deployed by the
(arrangement or sequence of the major print materials
Assign, Exam for teacher to
topics is based on a logical order) and online/
the entire bring about, or
open-access
semester) create the
resources)
conditions for
learning)
Ownership
- Echanes v. Spouses Hailar, G.R.
No. 203880, 10 August 2016
- Alviar v. Pampolina, 84 Phil. 45
(1949); Javelosa v. Court of Appeals,
G.R. No.
124292, 10 December 1996
- Feliciano v. Court of Appeals, G.R.
No. 123293, 3 May 1998; Cayabyab v.
De
Aquino, G.R. No. 159974, 5 September
2007
- Spouses Apostol v. Court of Appeals,
G.R. No. 125375, 17 June 2004; Soriente
v. Estate of Concepcion, G.R. No.
160239, 25 November 2009
e. Prior resort to Barangay Conciliation
Proceedings
f. Pleadings allowed and prohibited
- Judicial Affidavit Rule
- Keppel Bank Philippines, Inc. v. Adao,
G.R. No. 158227, 19 October 2005
g. Preliminary Conference
h. Preliminary Injunction and Preliminary
Mandatory Injunction
- Art. 539, 1674, Civil Code
- Ramos v. Court of Appeals, G.R.
No. 81354, 26 July 1988
i. Judgment
- Rural Bank of Malalag v. Maniwang,
A.M. No. MTJ-93-799, 18 May 1994
- Province of Camarines Sur v. Bodega
Glassware, G.R. No. 194199, 22 March
2017

- D.O. Plaza Management Corporation

v. Co-Owners Heirs of Andrei Atega,
G.R. No. 158526, 16 December 2004
- Dumo v. Espinas, G.R. No. 141962,
25 January 2006
- Felisilda v. Villanueva, G.R. No.
L- 60372, 29 October 1985
- CGR Corporation v. Treyes, G.R.
No. 170916, 27 April 2007
j. Immediate Execution of Judgment;
stay of execution
- Sec. 10 (c), Rule 39
- Office of the Court Administrator
v. Corpuz, A.M. No. P-00-1418,
24

20
 LEARNING
METHODS
LEARNING
WEEK/ DATE (activities
RESOURCES
(Schedule of designed or
TOPIC/CONTENT (print and non-
each Topic, deployed by the
(arrangement or sequence of the major print materials
Assign, Exam for teacher to
topics is based on a logical order) and online/
the entire bring about, or
open-access
semester) create the
resources)
conditions for
learning)
September 2003
- Air Transportation Office v. Court
of Appeals, G.R. No. 172426, 17
October
2008
- Tolentino v. Roces, G.R. No.
210864, 18 June 2018
- Aznar Brotheras Realty Company
v. Court of Appeals, G.R. No.
128102, 7 March 2000

Module 16

12. Contempt
a. Jurisdiction, BP 129 as amended by
RA 11576
b. Nature and Definition
- Webb v. Gatdula, G.R. No.
1o94469 (Resolution), 18
September 2019
- Remman Enterprises, Inc. v. Court
of Appeals, G.R. No. 107671, 26
February
1997
- People v. Godoy, G.R. Nos. 115908-
09, 29 March 1995
- Santiago v. Anunciacion, G.R.
No. 89318, 3 April 1990
b. Direct Contempt
- Leonidas v. Supnet, A.M. No. MTJ-
02- 1433, 21 February 2003
- Delgra v. Gonzales, G.R. No. L-
24981, 30 January 1970
- Tabao v. Gacott, G.R. No. 170720,
30 November 2006
- Austria v. Masaquel, G.R. No. L-
22356, 31 August 1967
Galangi v. Abad, A.M. No. 699-CFI, 28
February 1980

- Bugaring v. Español, G.R. No.

133090, 19 January 2001
- Oclarit v. Paderanga, G.R. No.
139519, 24 January 2001
- Dantes v. Caguioa, A.M. No. RTJ-
05- 1919, 27 June 2005
- Cruz v. Gingoyon, G.R. No. 170404,
28 September 2011
c. Indirect Contempt
- Leonidas v. Supnet, A.M. No. MTJ-

21
 LEARNING
METHODS
LEARNING
WEEK/ DATE (activities
RESOURCES
(Schedule of designed or
TOPIC/CONTENT (print and non-
each Topic, deployed by the
(arrangement or sequence of the major print materials
Assign, Exam for teacher to
topics is based on a logical order) and online/
the entire bring about, or
open-access
semester) create the
resources)
conditions for
learning)
02- 1433, 21 February 2003
- Leodinas v. Supnet, A.M. No. MTJ-
02- 1433, 21 February 2003
- In Re Calimlim, G.R. No. 141668,
20 August 2008
- Felizmeña v. Galano, G.R. No. L-
63930, 31 July 1984
- Balasbas v. Aquilizan, G.R. No.
L- 51414, 31 July 1981
- Racines v. Morallos, A.M. No. MTJ-
08- 1698 (Resolution), 3 March 2008
d. Remedies against finding of
Direct/Indirect Contempt
e. Quasi-Judicial Bodies
- Robosa v. National Labor
Relations Commission, G.R.
No. 176085, 8
February 2012

FINAL EXAMINATION

POLICIES:

1. Attendance will be checked every meeting.

2. Students who missed a quiz will get a grade of 60.
3. Students are prohibited from recording the online class as this is a violation of the
Copyright of the Professor.

Prepared by:

JUDGE GINA BIBAT-PALAMOS

JUSTICE WILHELINA JORGE-WAGAN

PROF. PLARIDEL BOHOL II

ATTY. RAMON S. ESGUERRA

22
VICE DEAN FRANCESCA LOURDES M. SEÑGA

23