Civil Procedures -Syllabus

SAN BEDA COLLEGECOLLEGE OF LAWMendiola, Manila

SYLLABUS ON CIVIL PROCEDURE with ALTERNATIVE DISPUTE RESOLUTION (ADR)

By:

ATTY. PLARIDEL J. BOHOL IIProfessor

COURSE DESCRIPTION:

An in-depth study of the basic principles of jurisdiction and the procedure to be observed in the conduct of civil cases. It also includes a study of the jurisdiction of various courts of different levels and administrative or quasi-judicial agencies. The course is centered on the study of Rule 1 to 61 of the 1997 Rules of Civil Procedure and its amendatory circulars and resolutions including the judicial interpretation and application of the rules.

PART I – INTRODUCTION

I. PRELIMINARIES;

a) Concept of Remedial Law

b) Remedial Law distinguished from Substantive Law.

c) Prospective Effect of the Rules of Court.

1. Bermejo v. Barrios, 31 SCRA 764, 776

d) Applicability to pending actions; retroactivity.

1. In the Matter to Declare in Contempt of Court Hon. Simeon Datumanong, 497 SCRA 626, 636-637

2. PCI Leasing and Finance, Inc. vs. Go Ko, 454 SCRA 586, 5923. Go vs. Subanon, 642 SCRA 367, February 9, 2011. 4. First Aqua Traders, Inc. vs. Bank of the Philippine Islands, 514

SCRA 223, 226-227

e) When procedural rules do not apply to pending action.

f) Rule making power of Supreme Court

i. Art. VIII, Sec. 5 (5), Constitutionii. Art. VI, Sec. 30iii. Power to amend the rules. iv. Power to suspend the Rules; power to reverse itself.v. Limitation on the rule-making power of the Supreme Court.

g) Distinguish Civil Action, Criminal Action and Special Proceedings.

PART. II - RULES OF CIVIL PROCEDURE

I. GENERAL PROVISIONS

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a. Applicable actions or proceedings - govern by the Rules of Court. (Sec. 2-3, Rule 1, Rules of Court)

b. In what cases Rules of Court is not applicable. (Sec. 4, Rule 1, Rules of Court)

1. Atienza v. Board of Medicine, 642 SCRA 523, February 9, 2011) 2. Bantolino v. Coca-Cola Bottlers, Phil., Inc. 403 SCRA 699, 703)3. Panuncillo v. CAP, Phils. Inc., 515 SCRA 323, 341.4. Ong Chia v. Republic, 328 SCRA 749, 756

c. Commencement of action;

i. Condition Precedent; - Katarungang Pambarangay 5. Lumbuan vs. Ronqullo, G.R. No. 155713, May 5, 2006

ii. Payment of Docket Fees.

iii. Payment of Filing Fees.

6. Heirs of Bertuldo Hinog vs. Melicor, 455 SCRA 460 (2005), reiterating 7. Sun Insurance Office, Ltd. vs. Asuncion, 170 SCRA 274 (1989)

d. Rule on Liberal Construction; purposes. (Sec. 6, Rule 1, Rules of Court)

8. F.A.T. Key Computer System v. Online Networks International, Inc. 641 SCRA 390, 408, February 2, 2011. 9. City of Dumaguete v. Phil Ports Authority, G.R. No. 168973, Aug. 24, 2011. 10. Alcantara v. Philippine Commercial and International Bank, 634 SCRA 48, 59, October 20, 2010.

i. Extent and Scope of the Rule on Liberal Construction.

11. Commissioner of Internal Revenue v. Migrant Pagbilao Corporation, 504 SCRA 484, 4912. Abrenica v. Law Firm of Abrenica, Tungol and Tibayan, 502 SCRA 614. 622.

ii. General Rule on Liberal Constructions; exception.

13. Pilapil v. Heirs of Briones, 514 SCRA 197, 21114. Barangay Dasmariñas v. Creative Play Corner School, G.R. No.

169942, Jan. 24, 2011.

II. ACTION, CAUSES OF ACTION AND PARTIES

a) Cause of action (Secs. 1-2) ; Distinguished from right of action.

1. Virra Mall Tenants Association, Inc. v. Virra Mall Greenhills Association, Inc., G.R. No. 182902, October 5, 2011.

i. Different Kinds of Action; ii. Classification of Ordinary Civil Actions;

2. Tamano v. Ortiz, 291 SCRA 584, 5883. National Steel Corp. v. Court of Appeals, 302 SCRA 522, 529-

530.4. Emergency Loan Pawnshop, Inc. v. Court of Appeal, 353 SCRA

89, 915. Pascual v. Pascual, 73 Phil. 561, 562

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iii. Distinction between a personal and real action. iv. When cause of action is required.

6. Turner v. Lorenzo Shipping Corporation, 636 SCRA 13, November 24, 2010.

v. Elements of Cause of Action.7. Manzanal v. Ilusorio, 636 SCRA 563, 570, December 6, 2010.

b) Splitting a cause of action (Secs. 3-4)

8. Joseph vs. Bautista, 170 SCRA 540 (1989)9. Del Rosario vs Far East Bank and Trust Company, G.R. No.

150134, October 31, 200710.Progressive Development Corp. vs. CA, 301 SCRA 367 (1999)11.CGR Corporation vs. Treyes, Jr., G.R. No. 170916, April 27, 200712.Enriquez vs. Ramos, 7 SCRA 265 (1963)

a. Prohibition against splitting a single cause of action.

13.Mariscal v. Court of Appeals, 311 SCRA 51. 14.Progressive Development Corporation Inc. v. Court of Appeals,

301 SCRA 637, 652-653.

i. Effect of splitting a single cause of action. ii. Test to ascertain whether two suits relate to a single or

common cause of action. iii. Remedy against splitting a single cause of action.

c) Joinder of causes of action (Secs. 5-6)15.Flores vs. Mallare-Phillipps, 144 SCRA 277 (1986)

a. Joinder of Claims in Small Claim Cases.b. Remedy in Case of Misjoinder of Actions.

d) Who may be parties (Sec. 1)

a) Natural personsb) Juridical personsc) Entities authorized by law (even if they lack juridical personality)

a. Real party in interest (Sec. 2)b. Lack of personality to sue.

1. Evangelista vs. Santiago, 475 SCRA 744 (2005)2. Domingo vs. Carague, 456 SCRA 450 (2005)

c. Rule on 'Standing" as distinguished from concept of real party in interest.

d. Representative parties (Sec. 3)

3. Oposa vs. Factoran, 224 SCRA 792 (1993) Indispensable parties (Sec. 7)

4. Domingo vs. Scheer, 421 SCRA 468 (2004)5. Uy vs. CA, 494 SCRA 535 (2006)6. Sustiguer v. Tamayo, 176 SCRA 579, 590.7. Uy v. Court of Appeals, 314 SCRA 69, 78.

e. Spouses as parties. (Sec. 4) Art. 111, Family Code Art. 1207, Art. 1216, Civil Code of the Philippines.

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f. Minor or incompetent as parties (Sec. 5)

g. Permissive joinder of parties (Sec. 6)

h. Indispensable parties (Sec. 7)

8. Spouses Garcia v. Garcia, G.R. No. 169157, November 14, 2011.

9. Supulveda, Sr. v. Pelaez, 450 SCRA 30210.MWSS v. Court of Appeals. 297 SCRA 287.

i. .Distinguished from Necessary parties.

i. Necessary party or proper party (Secs. 8-9)

11.Laperal Devt. Corp. vs. CA, 223 SCRA 261

j. Unwilling co-plaintiff. (Sec. 10)

k. Effects of misjoinder and non-joinder of parties. ,(Sec. 11)

l. Class suits; Requisites. (Sec. 12)

12.Mathay v. Consolidated Bank & Trust Co., 58 SCRA 559, 571.

m. Alternative defendant (Sec. 13)

13.Rizal Surety & Insurance Company v. Manila Railroad Corporation, 70 SCRA 187

n. Unknown defendant (Sec. 14)

o. Entity without juridical personality as defendant (Sec. 15)

p. Death of party; duty of counsel (Secs. 16)

i. Effect of non-substitution of a deceased party.

14.Heirs of Bertuldo Hinog v. Melicor, 455 SCRA 460 (2005)15.De la Cruz v. Joaquin, 464 SCRA 576 (2005)16.Florendo v. Coloma, 129 SCRA 304.

q. Death or separation of party who is a public officer (Sec. 17)r. Incompetency or incapacity (Sec. 18)s. Transfer of interest (Sec. 19)t. Action on contractual claim (Sec. 20.) u. Indigent party (Sec. 21) v. Notice to Solicitor General (Sec. 22)

III. Venue of Actions and Jurisdiction

III.1. VENUE

a) Venue defined; Distinguished from jurisdiction. b) Venue of real actions (Sec. 1)c) Venue of personal actions (Sec. 2)d) Venue of actions against non-residents (Sec. 3)e) When rule on venue not applicable (Sec. 4)

1. Diaz vs. Adiong, 219 SCRA 631 (1993)2. Phil. Banking Corp. vs. Tensuan, 228 SCRA 385 (1993)

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f) Waiver of improper venue.3. Dacoycoy vs. IAC, 195 SCRA 641 (1993)4. Nocum v. Tan, 470 SCRA 639

g) Stipulations on venue.

5. Universal Robina Corp. v. Lim, 535 SCRA 95, 99

h) Dismissal based on improper venue.

III.2. JURISDICTION

a) Definition; Scope of Jurisdiction;b) Effect of Lack of Jurisdiction; c) Duty of Court to determine its Jurisdiction; d) When is jurisdiction determined; General Rule e) How is Jurisdiction Acquired;

i. Over the subject matter ii. Over the person of plaintiff or defendant iii. Over the res

f) Classification of Jurisdiction.

i. As to the Nature

a. General, Limited or Specialb. Original and Appellatec. Exclusive and Concurrentd. Civil and Criminal e. Territorial and Extra-Territorial

ii. As to the Object

a. Subject matter b. Person of the Partiesc. Res or Property

g) Philippine Judiciary Hierarchy

a. MTC, MeTC, MTCCb. RTCc. Court of Appeals, Sandiganbayan, Court of Tax Appealsd. Supreme Court

h) Nature of Jurisdiction;

a. Supreme Court – original and appellate, exclusive and concurrent b. Court of Appeals – original, appellate, exclusive and concurrent c. Regional Trial Courts – original, appellate, general, civil and

criminal, exclusive, concurrent, special and limited – election cases, LRC and Probate cases.

d. Municipal Trial Courts – are courts of original, exclusive, limited, and special jurisdiction.

i) Regular Courts (MTC, RTC, CA, SC)

Art. VIII, ConstitutionBP 129 (Judiciary Reorganization Act of 1980)RA 7902 (expanding the jurisdiction of the CA, amending BP 129)

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RA 7961 (expanding the jurisdiction of MetroTC, MTC, MCTC, amending BP 129)SC Adm. Circular No. 09-94, in rel. to RA 7691SC Circular No. 21-99, in rel. to RA 7691RA 8369 (Family Courts Act of 1997)SC Circular No. 11-99, in rel. to RA 8369

j) Jurisdiction of Courts of the Philippines

a. SUPREME COURT – original and appellate, exclusive and concurrent.

i. Composition of the Supreme Court; ii. How a case before a Division is referred to the Court en banc.iii. Principal Functions of the Supreme Court; iv. Jurisdiction of the Supreme Court;v. Classification of Supreme Court Jurisdiction; vi. The Power of Judicial Review

b. COURT OF APPEALS – original and appellate, exclusive and concurrent.

i. Classification of Jurisdiction of the Court of Appeals; ii. Jurisdiction includes award of damages;

1. Vital-Gozon v. Court of Appeals, 212 SCRA 235 (1992)

iii. Appellate Jurisdiction over Quasi-Judicial Bodies;

1. Lupangco, et.al. v. Court of Appeals, G.R. No. 77372, April 29, 1988

2. Yang v. Court of Appeals, G.R. No. L-48113, Jan. 6, 19903. Fabian v. Desierto, G.R. No. 129742, Sept. 16, 1998

iv. Test to Determine Where Appeal is to be made;

c. REGIONAL TRIAL COURTS – original, appellate, general, civil and criminal, exclusive, concurrent, special and limited – election cases, LRC and Probate cases.

i. Jurisdiction of the Regional Trial Courts; ii. Bases of RTC Jurisdiction; iii. Special Jurisdiction to Try Special Cases;

a. Land Registration cases; 1. Government of the Philippines vs. Aballe, G.R. No. 147212, Mar. 24, 2006. 2. Concepcion v. Concepcion, G.R. No.. 147928, Jan. 11, 2005

b. Probate cases; 1. Heirs of Tuason v. Court of Appeals, G.R. No. 125758,

Jan. 20, 2004

iv. Commercial courts;

a. Intra-corporate Controversy 1. Espino vs. NLRC, 240 SCRA 52

b. Relationship Test 1. Abad v. Court of First Instance of Pangasinan, 206 SCRA 567 2. China Banking Corporation v. Court of Appeals, G.R. No. 117604, March 26, 1997

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v. Criminal and civil cases for violation of Intellectual Property Rights;

1. Sauson v. Cabanos, G.R. No. 161603, June 28, 2005.

vi. Dangerous Drugs Cases;

vii. Family Courts Cases;

a. Sec, 19 (7), B.P. Blg. 129 as amended. b. Sec. 23, B.P. Blg. 129c. Sec. 13, R.A. No. 8369d. P.D. No. 1439e. P.D. No. 603 as amended P.D. 1179f. Articles 238 to 253 Family Code of the Philippines

viii. Agrarian Cases

d. MUNICIPAL TRIAL COURTS – original, exclusive, limited and special jurisdiction

i. Jurisdiction;ii. Expanded Jurisdiction of MTC in Civil Cases;iii. Application of the Totality Rule;

1. Flores v. Mallare-Phillips, 144 SCRA 377

iv. Expanded Jurisdiction of MTC in Criminal Cases; v. The Principle of Automatic Expansion;vi. Applicability to Pending Cases

k) SPECIAL COURTS

a. SANDIGANBAYAN PD 1616, as am. by RA 7975 and RA 8249

i. Jurisdiction of the Sandiganbayan changed by Republic Act No. 8249;

ii. Jurisdiction of Sandiganbayan over Public Officers; 1. Barriga v. Sandiganbayan, G.R. Nos. 16111784-86, Apr. 26, 2005; 2. Uy vs. Sandiganbayan, G.R. No. 111544, July 6, 2004;3. Del Moral v. Republic of the Philippines, G.R. No. 140301, Apr. 26, 2005

b. COURT OF TAX APPEALS

i. Jurisdiction of the Court of Tax Appeals;

ii. Appellate Jurisdiction of the Court of Tax Appeals;

1. Southern Cross Cement Corporation vs. The Philippine Cement Manufacturers Corp., G.R. No. 158540, July 8, 2004

2. R.V. Marzan Freight Inc. v. Court of Appeals, G.R. No. 128064, Mar. 4, 2004;3. Ty v. Trampe, G.R. No. 117577, Dec. 1, 1995

l) QUASI JUDICIAL BODIES

a. SECURITIES AND EXCHANGE COMMISSION (Sec. 5.2, RA 8799,Securities RegulationCode)

b. CIVIL SERVICE COMMISSION 1. Magpale vs. CSC, 215 SCRA 398 (1992)

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c. HOUSING AND LAND USE REGULATORY BOARD 1. Sandoval vs. Caneba, 190 SCRA 77 (1991)

d. KATARUNGANG PAMBARANGAY (Section 399 – 422 of the Local Government Code)

i. Essence of Katarungang Pambarangay(DOJ Opinion III, S.1982)

ii. What are the functions of the Lupong Tagapamayapa; Scope of its power;

iii. Territorial Limits of Lupon; iv. Exceptions to the coverage of the Lupon; v. Where will conciliation be held; vi. Who may initiate; vii. Conciliation proceeding; pre-condition to the filing of a

complaint; viii. Procedure.

IV. PLEADINGS AND MOTIONS

a. PLEADINGS.

i. General Principles on Pleadings;

a. Pleadings defined. (Sec. 1) b. Nature of Pleadings.c. Necessity and Purpose of Pleadings d. Construction of Pleadings

ii. Pleadings allowed by the Rules of Court.

iii. Parts of Pleadings

a. Caption of the Pleading (Sec. 1); b. Title of the action.c. Body of the Pleading (Sec. 2) d. Headings; designation of causes of action joined in one

complaint. e. Relief

1. Prince Transport Inc. v. Garcia, 639 SCRA 312, January 12, 2011. 2. Banco Filipino Savings and Mortgage Bank v. Court of Appeals, 332 SCRA 241

f. Signature and address. (Sec. 3) 1. Garrucho v. Court of Appeals, 448 SCRA 165

iv. Effect of unsigned pleading v. Verification in a pleading (Sec. 4)

a. Significance of Verification 1. Sarmiento v. Zaratan, 514 SCRA 246

b. Effect of lack of verification 1. Chua v. Torres, 468 SCRA 3582. Pampanga Sugar Development Company, Inc. v. NLRC,

272 SCRA 737

c. How a pleading is verified. (A.M. No. 00-2-10, May 1, 2000)

3. Vda. De Formoso v. PNB, 650 SCRA 35, June 1, 2011.

vi. Certification against forum shopping (Sec. 5)

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1. Asia United Bank v. Goodland Company Inc., 637 SCRA 691, Dec. 8, 2010

a. Applicability to Special Civil Actionsb. Meaning of Forum Shopping;

1. Huibonhoa v. Concepcion, 497 SCRA 562

c. Who executes the certification of against forum shopping; Rule if there are several plaintiffs or petitioners; exception.

1. Damasco v. NLRC, 346 SCRA 7142. Heirs of Francisco Retuya v. Court of Appeals, G.R. No.

163039, April 6, 2011. d. How to determine existence of forum shopping;

1. Multinational v. Court of Appeals, 203 SCRA 1042. Young v. Spouses Sy, 503 SCRA 151, 166

e. Effect of non-compliance with the rule on certification against forum

Shopping; Exceptions. 3. Juaban v. Espina, 548 SCRA 588

b. Allegations i. Manner of making allegations. (Rule 8, Sec. 1)

1. Ceroferr Realty Corp. v. Court of Appeals, 376 SCRA 1442. Tantuico, Jr. V. Republic, 204 SCRA 428

ii. Conditions precedent (Rule 8, Sec. 3)

a. Effect of failure to comply with condition precedent

iii. Capacity (Sec. 4, Rule 8)

iv. Pleading a Judgments (Rule 8, Sec. 6)

v. Pleading an official document (Sec. 9, Rule 8)

vi. Fraud and mistake, condition of mind (Rule 8, Sec.5)

vii. Pleading alternative causes of actions or defenses (Sec. 2, Rule 8) 3. La Mallorca v. Court of Appeals, 17 SCRA 739

viii. Actionable Document (Sec. 7, Rule 8)4. Araneta Inc. v. Lyric Factor Exchange, Inc. 58 Phil. 736

ix. How to contest actionable document; Oath required; When not required. (Sec. 8, Rule 8)

x. Specific Denial (Sec. 10, Rule 8)

a. Effect of absence of a specific denial. (Sec. 11, Rule 8) 5. Republic v. Sarabia, 468 SCRA 142, 150.

b. Purpose of a Specific Denial.

6. PBCom v. Go, 642 SCRA 693, February 14, 2011

c. Kinds of Specific Denial.7. Camitan v. Court of Appeals, 511 SCRA 364

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xi. Allegations not specifically denied deemed admitted (Sec. 11, Rule 8)

a. K.1. Judicial Admission b. Modes of Denial c. How Express Admissions Withdrawn

xii. Striking out of pleading or matter contained therein.

a. L.1. When Court may Order any Pleading to be stricken outb. Pleadings or Matters to be Stricken outc. False Allegations

c. KINDS OF PLEADINGS

i. Complaint; Defined and in general (Rule 6, Sec. 3)

a. Filing of complaint; b. Significance of Filing of the Complaint; c. Payment of Docket Fees and acquisition of jurisdiction.

ii. Answer (Sec. 4, Rule 6)

a. Nature of an Answer.b. Defenses in Answer. c. Negative Pregnantd. Affirmative Defenses; Define. (Sec. 5, Rule 6)

1. Pesane Animas Mongao v. Pryce Properties Corp., 467 SCRA 201, 214

e. Period to Plead (Sec. 1-3, Rule 11)

iii. Counterclaim; Nature of a Counterclaim. (Sec. 6-7)

a. Compulsory counterclaim; tests1. GSIS v. Heirs of Caballero, G.R. No. 158090, October 4,

2010.

b. Permissive Counterclaim2. Universal Robina Corp. v. Lim, 535 SCRA 95, 99

c. Distinction between a compulsory and permissive counterclaim. 3. Santo Tomas University v. Surla, 294 SCRA 382, 392-293 4. Gojo v. Goyola, 35 SCRA 5575. Korea Exchange Bank vs. Gonzales, 456 SCRA 224 (2005)6. BA Finance Corp. vs. Co, 224 SCRA 163 (1993)

d. Remedies For failure to raise compulsory counterclaim (Rule 9, Sec. 2)

e. Effect of dismissal of a complaint on the counterclaim already set-up.

7. Pinga v. Heirs of Santiago, 494 SCRA 393, 413.

f. Answer to counterclaim; period to plead (Sec. 4, Rule 11)

g. Omitted counterclaim or cross-claim (Sec. 10, Rule 11)

iv. CROSS-CLAIM (Sec. 8, Rule 6)

a. Distinction between a counterclaim and a cross-claim.

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b. Period to answer a cross-claim (Sec. 4, Rule 11)

v. THIRD-PARTY COMPLAINT (Sec. 11, Rule 6)

a. Defined.b. Remedies when denied

vi. REPLY (Sec. 10, Rule 6)

a. Defined and in general (Rule 6, Sec. 10)b. When required (Rule 6, Sec.10)c. Filing of reply, not mandatory.

vii. Third/Fourth Party Complaint

a. Defined (Rule 6, Sec. 11)b. Remedies when denied

viii. Answer to Third/Fourth Party Complaint

a. In general (Rule 6, Sec. 13)b. Time to plead (Rule 11, Sec. 5)

ix. Extension of time to plead (Rule 11, Sec. 11)

x. Judicial Affidavit Rule (A.M. 12-8-8-SC)

xi. Efficient Use Paper Rule (A.M.11-9-4-SC)

e. FILING AND SERVICE OF PLEADINGS, JUDGMENT AND OTHER PAPERS IN CIVIL CASES.

i. Meaning of Filing (Sec. 2, Rule 13)

a. Manner of filing (Sec. 3, Rule 13)1. GSIS v. NLRC, 635 SCRA 251, 257, November 17, 2010.

b. How to prove filing (Sec.12, Rule 13) c. Papers required to be filed and served. (Sec. 4, Rule 13)

ii. Meaning of Service (Sec. 2, Rule 13)

a. Upon whom service shall be made.1. People v. Gabriel, 510 SCRA 197, 202 2. Delos Santos v. Elizalde, 514 SCRA 14, 27

b. Service upon counsel representing several parties 3. People v. Gabriel, 510 SCRA 197, 202 4. Delos Santos v. Elizalde, 514 SCRA 14, 27

c. Mode of service (Sec. 5 to 7, Rule 13) 5. Marinduque Mining and Industrial Corporation v. Court of

Appeals, 567 SCRA 483, 491-492

d. When personal service and service by mail deemed complete.(Sec. 10, Rule 13)

e. Substituted service; When is complete. (Sec. 8, Rule 13) f. How to prove service (Sec. 13, Rule 13)

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iii. Notice of Lis Pendens; Defined (Sec. 14, Rule 13)

a. Purpose of Lis Pendens;b. Effect of Lis Pendens; c. Actions where notice of Lis Pendens Allowed;d. Cancellation of Lis Pendens after Judgment without court order;e. Power of trial court to cancel notices of lis pendens

f. AMENDMENT OF PLEADINGS

i. In general (Rule 10, Sec. 1)ii. Liberality

1. Barfel Devt. Corp. vs. CA, 223 SCRA 268 (1993)

iii. Form (Rule 10, Sec. 7)

iv. Effect (Rule 10, Sec. 8)

v. Kinds; Formal amendments (Rule 10, Sec. 4); Substantial amendments

vi. Matter of right (Rule 10, Sec. 2)

vii. Matter of discretion (Rule 10, Sec. 3)

viii. Amendment to conform to evidence (Rule 10, Sec. 5)2. Swagman Hotels & Travel, Inc. vs. CA, G.R. No. 161135, April 8,

2005

ix. Supplemental pleadings (Rule 10, Sec. 6)

x. Filing of Amended pleadings (Sec. 7, Rule 10)

xi. Effect of Amended pleadings 3. Shoemart, Inc. vs. CA, 190 SCRA 189 (1990)

g. MOTIONS

i. Define Motion (Sec.1, Rule 15)

ii. Contents of Motions (Sec. 3, Rule 15)

iii. Hearing of the motion; litigated and ex parte motions (Sec. 4, Rule 15) 1. Sarmiento v. Zaratan, 514 SCRA 246

iv. Notice of the motion (Sec.4, Rule 15) v. Proof of service (Sec. 6, Rule 15) vi. Motion day (Sec. 7, Rule 15) vii. Effect of failure to set the motion for hearing

2. Vette Industrial Sales Co. Inc. v. Cheng, 509 SCRA 532, 545

a. Motion for leave to file a motion (Sec. 9, Rule 15) b. Omnibus Motion (Sec. 8, Rule 15) c. Prohibited motions

(Summary Procedure; Writ of Amparo; Small Claim Cases; Environmental Cases)

V. SUMMONS

a) Nature of Summons (Rule 14)

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1. Republic of the Philippines v. Domingo, G.R. No. 175299, Sept. 14, 2011

b) Issuance of summons; not discretionary c) Effect of knowledge of the filing of action d) Purpose of summons

2. Gomez v. Court of Appeals, 425 SCRA 983. Velayo-Fong v. Velayo, 510 SCRA 320, 3314. Alba v. Court of Appeals, 465 SCRA 4955. Asiavest Limited v. Court of Appeals, 296 SCRA 5396. PCI Bank v. Alejandro, 533 SCRA 738

e) Voluntary appearance by defendant

7. Manotoc v. Court of Appeals, 499 SCRA 21

f) Who issues the summons; When summons is issued (Sec. 1, Rule 14)

g) To whom summons is directed; Contents of summons (Sec. 2, Rule 14)

h) Who serves the summons (Sec. 3, Rule 14)

i) Return and proof of service (Sec. 4, Rule 14)

j) Issuance of alias summons (Sec. 5, Rule 14)

k) Uniformity of the Rules on Summons

l) Service upon entity without a judicial personality (Sec. 8, Rule 14)

m) Service upon prisoner (Sec. 9, Rule 14)

n) Service upon a minor and an incompetent (Sec. 10, Rule 14)

o) Service upon a private domestic juridical entity (Sec. 11, Rule 14)

8. G & G Trading Corporation v. Court of Appeals, 158 SCRA 4669. Aboitiz International Forwarders, Inc. v. Court of Appeals 488

SCRA 49210.Paramount Insurance Corp. v. A.C. Ordoñez Corp., 561 SCRA

327

p) Service upon a foreign private juridical entity (Sec. 12, Rule 14 amended by A.M. No. 11-3-6 - New Rule on Service of Summons)

q) Service upon public corporation (Sec. 13, Rule 14)

r) Service upon unincorporated government agency

11.Republic of the Philippines v. Domingo, G.R. No. 175299, Sept. 14, 2011

s) Service in person on defendant (Sec. 6, Rule 14)

a. Tender of summons. 12.Miranda v. Court of Appeals, 326 SCRA 27813.Hamilton v. Levy, 344 SCRA 821

t) Substituted service of summons (Sec. 7, Rule 14)

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14.Afdal v. Carlos, 636 SCRA 389 15.Jose v. Boyon, 414 SCRA 216

a. How substituted service is made

16.Guanzon v. Arradaza, 510 SCRA 309

b. Effect if defendant does not actually receive the summons

17.Montalban v. Maximo. 22 SCRA 1070

c. When defendant prevents service of summons

18.Robinson v. Miralles, 510 SCRA 678

d. Requisite of valid substituted service

u) Summons by publication (Sec. 15, Rule 14)

19.Banco do Brasil v. Court of Appeals, 333 SCRA 54520.Cynthia Alaban v. Court of Appeals, 470 SCRA 697

v) Service upon defendants whose identity or whereabouts are unknown (Sec. 14, Rule 14)

21.Santos v. PNOC Exploration Corp., 566 SCRA 272

w) Service upon a resident temporarily out of the Philippines (Sec. 16, Rule 14)

i. Extraterritorial Service; Requisites.ii. Actions involved in extraterritorial service of summons.iii. Mode of extraterritorial service.

22.Asiavest Limited v. Court of Appeals, 296 SCRA 53923.Valmonte v. Court of Appeals, 252 SCRA 92

x) Summons when complaint is amended

24.Vlason Enterprises v. Court of Appeals, 310 SCRA 26, 257-258

PROCEDURE AFTER SERVICE OF SUMMONS AND DISMISSAL OF ACTIONS

VI. Default (Rule 9, Sec. 3)

a) Nature of Default

1. Vlason Enterprises Corp. vs. CA, 310 SCRA 26 (1999)2. Monzon Spouses Relova v. Addio Properties Inc., 565 SCRA 5143. Cathay Pacific Airways v. Romillo, Jr. 141 SCRA 451

b) Requisites before a party may be declared in default

4. Spouses delos Santos v. Carpio, 501 SCRA 390

c) Elements of valid declaration of default

5. Sablas v. Sablas, 526 SCRA 292

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d) Effect of declaration of default (Sec. 3 (a) Rule 9)

6. Monarch Insurance v. Court of Appeals, 333 SCRA 71

e) Effect of partial default (Sec. 3 (c) Rule 9)

f) Action of the court after the declaration/order of default (Sec.3, Rule 9)

g) Remedies of a defending party declared in default

a. After notice and before judgment (Sec. 3, par. b., Rule 9) 7. Villareal v. Court of Appeals, 295 SCRA 511

b. After judgment and before such judgment becomes final and executory

8. Lina v. Court of Appeals, 135 SCRA 637

c. After judgment becomes final and executory9. Laus v. Court of Appeals, G.R. No. 101256, March 8, 1993

h) Implied lifting of the order of default 10.Republic v. Sandiganbayan, 540 SCRA 431

i) Extent of relief to be awarded (Sec. 3, par. d, Rule 9)

j) Cases when a declaration/order of default cannot be made (Sec. 3 par. e, Rule 9)

VII. BILL OF PARTICULARS

a) Bill of particulars (Rule 12)

b) When to file motion for bill of particulars (Sec. 1, Rule 12)

c) Purpose of the motion in civil cases; in criminal cases 1. Virata vs. Sandiganbayan, 221 SCRA 52 (1993)

d) Requirements for the motion.

e) Action of the court (Sec. 2, Rule 12)

f) Instances when Bill of Particulars Allowed; When it is improper.

g) Compliance with the Order of the court granting motion for bill of particulars (Sec. 3, Rule 12); Effect of non-compliance (Sec. 4, Rule 12).

h) Stay of period to file responsive pleadings (Sec. 5, Rule 12)

VIII. MOTION TO DISMISS

a) Grounds (Sec. 1, Rule 16)

b) Period to file Motion to Dismiss (Sec. 1, Rule 16)

c) When a motion to dismiss may be filed even after the answer has been served and filed

1. Heirs of Valientes v. Ramas, 638 SCRA 444, December 15, 2010

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d) Laches as a ground for motion to dismiss.2. Pineda v. Heirs of Eliseo Guevarra, 515 SCRA 627, 636

e) Res judicata as a ground for motion to dismiss 3. FELS Energy Inc. v. Province of Batangas, 516 SCRA 186,

201

i. Concepts of res judicata4. Topacio v. Banco Filipino Savings and Mortgage Bank, 635

SCRA 50

ii. Elements of Res judicata iii. Application of Res Judicata to quasi judicial proceedings

5. Heirs of Wenceslao Tabia v. Court of Appeals, 516 SCRA 431

iv. No res judicata in criminal proceedings 6. Trinidad v. Office of the Ombudsman, 539 SCRA 415

f) Remedy of the defendant if the motion is denied (Sec. 4, Rule 16) 7. Douglas Lu Ym v. Gertrudes Nabua, 452 SCRA 298

g) Remedy of the plaintiff if the motion to dismiss is granted.

h) When complaint cannot be refiled (Sec. 5, Rule 16)

i) Effect of dismissal of complaint on counterclaim (Sec. 6, 2nd par. Rule 16)

j) Effect of Granting of motion to dismiss

k) Hearing on the motion to dismiss (Sec. 2, Rule 16) 8. Capiral v. Robles, G.R. No. 173628, Nov. 16, 2011

IX. DISMISSAL BY THE PLAINTIFF

a) Dismissal by mere notice of dismissal by plaintiff (Sec.1, Rule 17) i. Two dismissal rule - Defined.

b) Dismissal upon motion of plaintiff (Sec.2, Rule 17)

i. Effect of dismissal upon a counterclaim already pleaded. ii. Dismissal without prejudice

c) Dismissal due to the fault of the plaintiff (Sec. 3, Rule 17)

i. Grounds for Dismissal

a. Failure to appear; Test of Failure to Prosecute; Unreasonable length of time;

1. Smith Bell and Co. v. American President Lines Ltd., 94 Phil. 879

b. Failure to Comply with Order of the Court c. Dismissal for failure to comply with discover procedured. Failure to appear at Pre-Trial

ii. Effect of dismissal on the counterclaim1. Pinga v. Heirs of Santiago, G.R. No. 170354, June 30,

2006

d) Dismissal of a class suit

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e) Dismissal of counterclaim, cross-claim or third-party complaint (Sec.4, Rule 17)

X. PRE-TRIAL AND MODES OF DISCOVERY

X.1. PRE-TRIAL

a) Concept, Nature and purpose of Pre-Trial (Rule 18) 1. Interlining Corporation v. Philippine Trust Company, 378

SCRA 521

b) Effect of Failure to conduct pre-trial 2. National Power Corp. v. Adiong, A.M. No. RTJ-07-2060, July

27, 2011

c) Referral to the Philippine Mediation Center (Adm. Circular No. 20-2002, March 24, 2002; A.M. No. 03-1-09-SC, July 13, 2004

d) How pre-trial is called; filing of motion by plaintiff (Sec.1, Rule 18)

e) When motion is filed by plaintiff (Adm. Circular No. 3-99, Jan. 15, 1999; A.M. 03-01-09-SC)

f) Last pleading file - meaning 3. Sarmiento v. Juan, 120 SCRA 403, 408

g) Notice of pre-trial (Sec. 3, Rule 18) 4. Agulto v. Tecson, 476 SCRA 395

h) Appearance of parties and counsel in pre-trial (Sec. 4, Rule 18)5. Senarlo v. Judge Paderanga, 617 SCRA 2476. Real Bank Inc., v. Samsung Mabuhay Corp. 633 SCRA 124

i. How non-appearance is excused 7. Durban Apartments Corp. v. Pioneer Insurance and Surety

Corp. 639 SCRA 441

i) Effect of failure to appear (Sec. 5, Rule 18)

i. By the plaintiff8. Mondonedo v. Court of Appeals, 252 SCRA 28

ii. By the defendant 9. Mangelen v. Court of Appeals 215 SCRA 23010.Paredes v. Verano, G.R. No. 164375, Oct. 12, 2006

j) Pre-Trial Brief; Filing and Contents (Sec. 6, Rule 18)

i. Identification and markings of evidence (A.M. No. 03-1-09-SC, July 13, 2004)

ii. Legal effects of representations and statements in pre-trial brief iii. Effect of failure to file a pre-trial brief iv. No termination of pre-trial for failure to settle

11. Ramos v. Spouses Lavendia, 568 SCRA 293

v. One day examination of witnesses rule; Most imporatnat witness rule; Questions are to be asked by the judge (A.M. No. 03-1-09 SC)

k) Records of Pre-Trial (Sec. 7, Rule 18)

i. Pre-trial Order; Contents (Adm. Circular No. 1-89) ;

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ii. When issued (A.M. No. 03-1-09-SC)1. Heirs of Conahap v. Regaña, 458 SCRA 741

iii. Implied issues are deemed included in the pre-trial order

2. Philippine Export And Foreign Loan Guarantee Corp. v. Amalgamated Management and Development Corp., G.R. No. 177729, September 28, 2011

l) Distinction between pre-trial in civil case and in criminal casem) Preliminary conference under the Revised Rules on Summary Procedure n) Preliminary conference in the Court of Appeals

X.2. MODES OF DISCOVERY

a) Meaning of discovery b) Purpose of discovery

1. Mercader v. DBP, 332 SCRA 82

c) Duty of the court in relation to mode of discovery

d) Modes of discovery under the Rules of Court

i. Deposition (Rules 23-24)

a. Deposition. Defined b. Depositions pending action; leave of court when required

(Sec.1, Rule 23)c. Deposition of a prisoner (Sec.1, Rule 23) d. Before whom taken (Sec. 10, 11, 13, 14, Rule 23) e. Examination of the deponent (Sec. 15, Rule 23) f. Use of depositions pending action (Sec.4, Rule 23) g. Effect of substitution of parties (Sec. 5, Rule 23)h. Effect of the taking of deposition of a person (Sec. 7, Rule 23)i. Effect of using the deposition of a person (Sec. 8, Rule 23)j. Oral deposition (Sec. 17, 19, 20, 21, Rule 23) k. Deposition upon written interrogatories (Sec. 25, 26 Rule 23) l. Deposition before action (Sec. 1, Rule 24) m. Perpetuation of testimony before action (Sec. 3, 4, Rule 24) n. Deposition pending appeal (Sec. 7, Rule 24)

ii. Interrogatories to Parties (Rule 25)

a. Purposes of Interrogatories to parties (Sec.1, Rule 25) b. Distinguished interrogatories from a bill of particular; from

deposition c. How to avail; Procedure (Sec.2., 3, 4, Rule 25) d. Effect of failure to serve written interrogatories (Sec. 6, Rule

25)

iii. Admission by Adverse Party (Rule 26)

a. Purpose of Admission by adverse partyb. When request is madec. Effect of not filing a written request for admission (Sec.5, Rule

26) d. Effect of failure to file and serve a sworn statement of denial

(Sec. 2, Rule 26)e. Effect of admission (Sec. 3, Rule 26)

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f. Deferment of compliance (Sec. 2, par. 2, Rule 26) g. Withdrawal of admission (Sec.4, Rule 26)

iv. Production or Inspection of Documents or Things (Rule 27)

a. Purpose (Sec.1) b. Filing of a motion; order of the courtc. Privileged Documents

1. Air Philippines Corp. v. Pennswell, Inc., 540 SCRA 215

v. Physical and Mental Examination of Persons (Rule 28)

a. Applicability (Sec.1, Rule 28) b. Procedure (Sec. 2, 3, Rule 28) c. Waiver of Privilege

vi. Refusal to Comply with the Modes of Discovery (Rule 29)

a. Refusal to answer any question upon oral examination (Sec.1, Rule 29)

b. Refusal to answer designated or particular questions or refusal to produce documents or things to submit to physical or mental examination (Sec.3, Rule 29)

c. Refusal to be sworn (Sec. 2, Rule 29) d. Refusal to Admit (Sec. 4, Rule 29) e. Failure to attend depositions or to serve answers to written

interrogatories (Sec.5, Rule 29) 2. Zepeda v. China Banking Corp., G.R. No. 172175, Oct. 9,

2006

e) ALTERNATIVE DISPUTE RESOLUTION (Rep. Act. 9285)

i. Alternative Dispute Resolution (ADR) System – Defineii. Application of R.A. 9285; Exception. iii. Forms of Alternative Dispute Resolution.

a. MEDIATION Definition; Scope Court-Annexed Mediation Court-Referred Mediation Confidentiality of Information; Waiver of

Confidentiality Exceptions of Privileged against disclosure. Prohibited Mediators Report Participation in Mediation Effect of Agreement; Enforcement of Mediated

Settlement Agreement.

b. ARBITRATION

Definition Kinds of Arbitration

o International Commercial Arbitration Governing Law Appointing Authrotity Legal Representation Referral to Arbitration Confidentiality of Arbitration

Proceedings; Exception

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o Domestic Arbitration Governing Law

o Arbitration of Construction Disputes Governing Laaw Coverage Authority to Act as Mediator or

Arbitrator

Judicial Review of Arbitral Awards o Domestic Rewards o Foreign Arbitral Award. o Venue and Jurisdiction

c. Referral of dispute to Other ADR Forms such as but not limited to:

iv. JUDICIAL DISPUTE RESOLUTION

a. What are the mediatable cases covered by JDR; b. Issues on Confidentiality; c. Role of Lawyers of parties in JDR; d. Effect of Failure to appear in JDR;

Chan Kent vs. Micarez, et.al., GR No. 185758, 9 March 2011

XI. INTERVENTION (Rule 19)

a) Who may intervene (Sec.1, Rule 19)

b) Concept, Nature and Purposes

c) Requisites of Intervention1. Labrador v. Court of Appeals, 180 SCRA 266

d) When intervention disallowed

2. Gibson v. Revilla, 92 SCRA 219 (1979)3. Lazatin v. Campos, 92 SCRA 250 (1979)

e) Effect of Denial of the Motion to intervene; Remedy from Denial

4. Saw v. Court of Appeals. 195 SCRA 170

f) Time to Intervene (Sec. 2, Rule 19)

g) Intervention even after judgment

5. Director of Lands v. Court of Appeals, 93 SCRA 238

h) How a person may intervene (Sec.2, Rule 19)

XII. SUBPOENA

a) Kinds of Subpoena (Sec.1, Rule 21)

i. Subpoena ad testificandum ii. Subpoena duces tecum

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b) By whom issued (Sec. 2, Rule 21)

c) Forms and contents (Sec. 3, Rule 21)

1. Universal Rubber Products, Inc. v. Court of Appeals,et.al., 215 SCRA 85, 91

2. Roco v. Contreras, G.R. No. 158275, June 28, 2005

d) Quashing a subpoena; Grounds (Sec. 4, Rule 21)

e) Subpoena for deposition (Sec. 5, Rule 21)

f) Service of a subpoena; manner (Sec. 6, Rule 21)

g) Compelling attendance (Sec. 8, Rule 21)

h) Failure to obey subpoena - contempt (Sec. 9, Rule 21)

i) Exceptions to Section 8 and 9 of Rule 21 (Sec. 10, Rule 21)

XIII. TRIAL, DEMURRER TO EVIDENCE AND JUDGMENT

XIII.1. TRIAL

a) Nature of Trial 1. Acosta v. People, 5 SCRA 774

b) Trial and hearing, distinguished.

2. Trocio v. Labayo, 53 SCRA 97, 100

c) When case ready for trial

3. Principe v. Eria, 90 Phil. 684

d) When trial is unnecessary.

e) Notice of Trial (Sec. 1, Rule 30)

f) Calendaring of Cases (Rule 20)

a. Preferences (Sec.1) b. Assignment of Cases (Sec. 2)

g) Session Hours (Adm. Circular No. 3-39, January 15, 1999)

h) Adjournments and postponements (Sec. 2, Rule 30)

a. Limitation on the authority to adjourn 4. Republic v. Sandiganbayan, 301 SCRA 237, 245

i) Postponement on the grounds of illness of party or counsel; Requisites (Sec. 4, Rule 30)

j) Postponement on the grounds of absences of evidence; Requisites (Sec. 3, Rule 30)

5. Milwaukee Industries v. Court of Tax Appeals, 636 SCRA 70, Nov. 24, 2010.

k) Order of Trial, (Sec. 5, Rule 30)

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i. Orders in Chambers; ii. Order of Trials maybe Changed

6.Yu v. Mapayo, 44 SCRA 163

iii. Presentation of Additional Evidence

l) Agreed statement of facts; No proof required (Sec. 6, Rule 30)

m) Statement of judgment (Sec. 7, Rule 30)

n) Suspension of Actions (Sec. 8, Rule 30)

o) Judge to receive evidence; delegation to clerk of court - Requisites (Sec. 9, Rule 30)

XIII.1.1. Consolidation or Severance

a) Define (Sec. 1, Rule 31)

b) Three ways of Consolidation

1. Salazar v. CFI of Laguna, 64 Phil. 7852. Phil. Airlines, Inc. and Far Eastern Air Transport v. Teodoro

and Capitol Subdivision Inc., 97 Phil. 4623. Delta Motors Sales Corp. v. Mangosing, 70 SCRA 5994. Superlines Transportation Co. v. Victor, 124 SCRA 9395. Steel Corporation of the Phils. v. Equitable PCI-Bank, Inc.,

635 SCRA 403

c) Consolidation of Civil and Criminal cases; allowed (Sec. 2 (a) Rule 111 of 1985 Criminal Procedure)

6. Republic v. Court of Appeals, 116 SCRA 505

d) When consolidation mandatory

7. Philippine Savings Bank v. Mañalac, G.R. No. 145441, April 26, 2005

e) Separate trials (Sec.2, Rule 31)

XIII.1.2. TRIAL BY COMMISSIONER

a) Commissioner Defined.

b) Consent of all parties necessary. Reference without consent void. (Sec. 1, Rule 32)

8. Philippine Savings Bank v. Mañalac, G.R. No. 145441, April 26, 2005

c) Reference ordered on motion (Sec. 2, Rule 32)

i. Situation when reference may be made. ii. Practice of Delegation to Clerk of Court

9. Apurillo v. Garciano, 28 SCRA 1054

d) Order of reference; power of commissioners (Sec. 3, Rule 32)

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e) Oath of Commissioner. (Sec. 4, Rule 32)

10.Perlas v. Ehrman, 53 Phil. 607

f) Refusal of witness (Sec. 7, Rule 32) g) Commissioner shall avoid delay (Sec. 8, Rule 32) h) Notice to parties of the filing of report; when to file objections; Effect of

failure to object (Sec. 10, Rule 32) i) Hearing upon request; Failure to set the commissioner's report for

hearing. (Sec. 11, Rule 32) j) Stipulations as to findings. (Sec. 12, Rule 32)k) Compensation of commissioners (Sec. 13, Rule 32)

XIII.2. DEMURRER TO EVIDENCE (Rule 33)

a) Concept and Rationale of Rule. 11.Celino v. Heirs of Alejo and Teresita Santiago, 435 Scra

69012.Siyangco v. Costibolo, 27 SCRA 272,

b) Demurrer to Evidence distinguished from Motion to Dismiss in Rule 16.

13.The Manila Banking Corp. vs. University of Baguio, Inc., G.R.No. 159189, February 21, 2007

c) Stage of the proceedings when demurrer to evidence is availed of (Sec.1, Rule 33)

d) Grounds for Demurrer to Evidence14.Republic v. Tuvera, 516 SCRA 113

e) Effect of Denial of Demurrer to evidence

15.Northwest Airlines, Inc. v. Court of Appeals, 284 SCRA 41616.Katigbak v. Sandiganbayan, 405 SCRA 55817.Gementiza v. COMELEC, 353 SCRA 724

f) Effect of Granting of the Demurrer to Evidence

18.Radiowealth Finance Corp. v. Del Rosario, 335 SCRA 288 19.Consolidated Bank and Trust Corporation v. Del Monte

Motor Works, Inc., 465 SCRA 117

g) Demurrer in a civil case as distinguished from demurrer in criminal case

XIII.3. JUDGMENT

1. Meaning of Judgment1. Macahilig v. Heirs of Magalit, 344 SCRA 838, 842. Social Justice Society v. Atienza, 545 SCRA 92, 114

2. Requisites of valid Judgment

3. Pablo-Gualberto v. Gualberto V, 461 SCRA 4504. Naguiat v. NLRC, 269 SCRA 5645. Miguel v. JCT Group, Inc. 453 SCRA 529

3. Conflict between the dispositive portion and body of the decision

6. Guevarra v. Sandiganbayan, 454 SCRA 3727. Morales v. Court of Appeals, 461 SCRA 34

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8. So v. Food Fest Land Inc., 642 SCRA 592, February 9, 2011

4. Ambiguity in the judgment; clarificatory judgment

5. Interlocutory Orders. Define.

9. Rudecon Mangament Corp. v. Singson, 454 SCRA 612

i. Questioning Interlocutory Orders

10.Silverio v. Filipino Business Consultants, 466 SCRA 584

6. Memorandum Decisions; Define.

11.Ong Chia Kwan v. Court of Appeals, 345 SCRA 586

7. Rendition of Judgment. Meaning. (Rule 36)

12.Castro v. Malazo, 99 SCRA 164

8. Period to render decision. (Art. VIII, Sec. 15, Constitution of the Philippines

13.Plata v. Torres, 570 SCRA 12

i. Extension of period to render judgment

14.Arap v. Mustafa, 379 SCRA

9. Rule on Stare Decisis

15.Hortencia v. Cuenca, 456 SCRA 300

10.Obiter Dictum

16.Ayala Corp. v. Rosa-Diana Realty, 346 SCRA 663

11.When judgment becomes final (Sec. 1, Rule 39)

i. Final judgment versus interlocutory order (Sec.2, Rule 36) 17.Philippine Business Bank v. Chua, 634 SCRA 635

12.Conclusiveness of Judgment (Immutability of Judgment)

18.Arra Realty Corp. v. Paces International Corp., 636 SCRA 339

i. Reasons for the rule on conclusiveness of judgment ii. Two-fold purposes of immutability of judgmentiii. Exceptions to the rule on immutability of judgments

13.Rules on Amendment of Judgment

a. Before finalityb. After finality

i. Difference between an Amended Judgment and a Supplemental Judgment

1. Aznar III, et.al. v. Bernard et.al., 161 SCRA 276

14.Res judicata effect of final judgment or final order

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i. N.1. Two aspects of Res Judicata

15.Effect of Void Judgments (the doctrine of total nullity)

2. MWSS v. Sison, 124 SCRA 394

16.Several Judgment (Sec. 4, Rule 36)

3. Fernando v. Santamaria, 446 SCRA 136

17.Separate Judgment (Sec. 5, Rule 36)

18.Conditional Judgment, meaning. 4. Cu-Unjieng v. Mabalacat Sugar Co., 70 Phil. 384

19.Judgment Sin Perjuicio, meaning. 5. Director of Lands v. Sanz, 45 Phil. 117

20.Judgment nunc pro tunc (literally "now for then"), define.

6. Briones-Vasquez v. Court of Apeals, 450 SCRA 482

21.Judgment upon compromise, define. 7. Diamond Builders Conglomeration v. Country Bankers Corp.,

540 SCRA 1948. Philippine Journalist, Inc. v. NLRC, 501 SCRA 75

22.Judgment upon a confession (Cognovit Actionem)

23.Judgment against entity without juridical personality (Sec. 6, Rule 36)

24.Entry of Judgment; date thereof (Sec. 2, Rule 36)

i. Relevance of knowing the date of Entry of Judgment.

25.Judgment on the pleadings

i. Nature; Motion Required (Sec.1, Rule 34) ii. Grounds for judgment on the pleadings iii. Cases where judgment on the pleadings will not apply

26.Summary Judgment

i. Nature of summary judgment (Sec. 1, Rule 35)

ii. Summary judgment, when rendered.

iii. Distinctions:

i. From judgment on the pleadings

27.Narra Intergrated Corp. v. Court of Appeals, 344 SCRA 781

ii. From a motion to dismiss

Z.4. Validity of Summary Judgment (Sec. 3, Rule 34)

Z.5. Summary Judgment; When not granted.

28.Roque v. Encarnacion, 95 Phil. 64329.Gatchalian v. Pavilin, et.al. 6 SCRA 508

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XIV. POST JUDGMENT REMEDIES

XIV.1. BEFORE JUDGMENT BECOMES FINAL

A. MOTION FOR RECONSIDERATION (RULE 37)

a) Object of the motion. b) When to file (Sec. 1, Rule 37); No extension (Sec. 2, Rule 40, Sec. 3, Rule

41)

1. Delos Santos v. Elizalde, 514 SCRA 142. Heirs of Mendoza v. Court of Appeals, 565 SCRA 506

c) Effect of filing of the motion on the period to appeal (Sec. 2, Rule 40; Sec. 3, Rule 41)

d) Grounds for Motion for Reconsideration (Sec. 1, Rule 37)

e) Effect when motion is denied; Order of Denial not appealable. (Sec. 9, Rule 37)

f) Effect of granting a motion for reconsideration (Sec. 3, Rule 37)

3. Esquivel v. Alegre, 172 SCRA 315

g) Partial Reconsideration (Sec. 7, Rule 37)

h) Single motion rule (Sec. 5, Rule 37)

i) Motion for reconsideration in summary procedure (Sec. 19 {c}, IV, 1991 Revised Rules on Summary Procedure and Small Claims (Sec. 14 {c})

B. MOTION FOR NEW TRIAL (RULE 37)

a) Nature of new trial.

b) When to file (Sec.1, Rule 37)

c) Effect of filing of the motion on the period to appeal (Sec. 2, Rule 40; Sec. 3, Rule 41)

d) Form of a motion for new trial. (Sec. 2, Rule 37)

e) Grounds for a motion for new trial. (Sec. 1, Rule 37)

i. FRAUD, ACCIDENT, MISTAKE, EXCUSABLE NEGLIGENCE (FAME) ii. Newly discover evidence

ii.1. Requisites:

4. Ybiernas v. Tanco-Gabaldon, G.R. No. 178925, June 1, 2011

f) Affidavit of Merit; Gross Negligence of counsel not a ground.

5. Uy v. First Metro Integrated Steel Corp.,503 SCRA 712

g) Resolution of the motion (Sec. 4, Rule 37)

h) Denial of the motion; fresh period rule; Order of denial not appealable (Sec. 9, Rule 37)

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6. Neypes v. Court of Appeals, 469 SCRA 633

i) Remedy when motion is denied

j) Effect of granting the motion for new trial (Sec. 6, Rule 37)

k) Partial New Trial (Sec. 7, Rule 37; Sec. 8, Rule 37)

l) Second motion for new trial (Sec. 5, Rule 37)

m) Motion for new trial in summary procedure (Sec. 19 [c] IV, 1991 Revised Rules on Summary Procedures and Small Claims (Sec. 14 [c])

C. APPEALS

a) General principles on appeal

7. Stolt Nielsen v. NLRC, 477 SCRA 5168. Canton v. City of Cebu, 515 SCRA 4419. Association of Integrated Security Force of Bislig-ALU v. Court of

Appeals, 467 SCRA 483

b) Judgments or orders not appealable (Sec. 1, Rule 41)

B.1. Remedy in case the judgment or final order is not appealable (Sec. 9, Rule 37)

c) Issues that may be raised on appeal

10.Commissioner of Internal Revenue v. Migrant Pagbilao Corp., 504 SCRA 484

d) When errors not raised on appeal may be considered

11.Dy vs. NLRC, 145 SCRA 21112.Comilang v. Burcena, 482 SCRA 342

e) Payment of docket fee

13.Regalado v. Go, 514 SCRA 61614.Buenaflor v. Court of Appeals, 346 SCRA 563

f) Record on appeal; Notice of Appeal (Sec. 2[a], Rule 41)

15.Roman Catholic Archbishop of Manila v. Court of Appeals, 258 SCRA 186

g) Dismissal of Appeal; Court of Appeals (Sec.1, Rule 50); Supreme Court (Sec.5, Rule 56)

16.The Government of the Kingdom of Belgium v. Court of Appeals, 551 SCRA 223

17.Beatingo v. Gasis, 642 SCRA 539

Appeal from Municipal Trial Court to the Regional Trial Court (Rule 40)

a) Where to appeal (Sec. 1)b) When to appeal (Sec. 2)c) How to appeal (Sec. 3)d) Perfection of appeal (Sec. 4) See Rule 41, Sec. 9

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e) Appellate court and other lawful fees (Sec. 5) Same as Rule 41, Sec. 4f) Procedure in RTC (Sec. 7)g) Appeal from MTC order dismissing case

i. without trial on the merits (Sec. 8, par. 1)ii. with trial on the merits (Sec. 8. par. 2)

18.Provost vs. CA, G.R. No. 160406, June 26, 200619.Encarnacion vs. Amigo, G.R. No. 169793, September 15, 2006

Appeal from Regional Trial Court to the Court of Appeals (Rule 41)

a) Subject of appeal (Sec. 1)b) Non-appealable ordersA.M. No. 07-7-12-SC (dated December 4, 2007 –

took effect on December 27, 2007) – Amendments to Rules 41, 45, 58 and 65

c) Modes of appeal (Sec. 2)d) Period of ordinary appeal (Sec. 3)

e) Interrupted by timely MNT or MR

f) No motion for extension of time to file MNT or MR

g) MR filed on last day of 15-day period

20.Manila Memorial Park vs. CA, 344 SCRA 769 (2001)

h) New rule on appeal after denial of MR or MNT

21.Neypes vs. CA, 469 SCRA 633 (2005)

i) When appeal allowed even if period to appealhas expired

22.Trans International vs. CA, 285 SCRA 49 (1998)

j) RTC cannot dismiss appeal on ground that only questions of law involved

23.Kho vs. Camacho, 204 SCRA 150 (1991)

k) Appellee who has not appealed may not obtain affirmative relief from appellate court

24.Custodio vs. CA, 253 SCRA 483 (1996)

l) Exception – when there is solidarity in obligations

25.Citytrust Banking Corp. vs. CA, 196 SCRA 553 (1991)

m) Perfection of appeal (Sec. 9, 1st and 2nd pars.)

n) Loss of jurisdiction (Sec. 9, 3rd and 4th pars.)

o) Residual powers (Sec. 9, 5th par.)

p) Dismissal of appeal (Sec. 13)a. late fiiingb. non-payment of docket and other lawful fees

ORDINARY APPEALED CASES (RULE 44)

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a) Scope and title of cases; Cases appealed to the Court of Appeals under Rule 41.

b) Appellant's brief (Sec. 7, Rule 41)

B.1. When to file;

c) Appellee's brief (Sec. 8, Rule 41)

C.1. When to file;

d) Contents of Appellant's Brief(Sec. 13, Rule 41); Appellee's Brief (Sec. 14, Rule 41)

e) Questions that may be raised on appeal; Exceptions (Sec. 15, Rule 41)

Petition for Review from Regional Trial Court to the Court of Appeals (Rule 42)

.a) Appeal from RTC decision rendered in the exercise of its appellate

jurisdiction

26.Ross Rica Sales Center, Inc. vs. Ong, G.R. No. 132197, August 16, 2005

b) Pure questions of law may be raised (Sec. 2)

27.Macawiwili Gold Mining and Devt. Co, Inc.vs. CA, 297 SCRA 602 (1998)

c) Effect of failure to comply with requirements (Sec. 3)

d) Action by court (Sec. 4)a. Require filing of comment orb. Dismiss petition outright

e) When petition given due course (Sec. 6)

28.Ditching vs. CA, 263 SCRA 343 (1996)

f) Perfection of appeal (Sec. 8, 1st par.)g) Loss of jurisdiction (Sec. 8, 2nd par.)h) Residual powers (Sec. 8, 3rd par.)

i) Effect of appeal (Sec. 8, 4th par.)

General rule: shall STAY judgment or final order

Exceptions:a. civil cases decided under the Rule on Summary Procedureb. when CA, law or Rules of Court provide otherwise

APPEALS FROM THE COURT OF TAX APPEALS AND QUASI-JUDICIAL AGENCIES TO THE COURT OF APPEALS (RULE 43)

a) Scope (Sec.1)1. Fabian vs. Desierto, 295 SCRA 440 (1998)

b) Ombudsman criminal cases – Supreme Court via Rule 652. Garcia-Rueda vs. Pascasio, 278 SCRA 269 (1997)

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c) Cases not covered (Sec. 2)3. St. Martin Funeral Home vs. NLRC, 295 SCRA 494 (1998)

d) Decisions of Secretary of Labor and Director of Bureau of Labor Relations – petition for certiorari to CA under Rule 65

e) Decisions of DOJ Secretary in petitions for review prosecutors’ resolutions – petition for certiorari to CA under Rule 65

4. Santos vs. Go, 473 SCRA 350 (2005)f) Not applicable where there is error of jurisdiction

5. Fortich vs. Corona, 289 SCRA 624 (1998)

g) Where to appeal (Sec. 3)

h) Pure questions of law may be raised

i) Period of appeal (Sec. 4)

j) How appeal taken (Sec. 5)

k) Form and contents (Sec. 6)

l) Effect of failure to comply with requirements (Sec. 7) - sufficient ground for dismissal

m) Action by court (Sec. 8)a. Require fiing of comment orb. Dismiss petition outright

n) When petition given due course (Sec. 10)

o) Effect of appeal (Sec.12)

General rule: shall NOT STAY award, judgment, final order or resolution

Exceptions:a. when CA directs otherwiseb. when the law directs otherwise (additional exception)

6. Lapid vs. CA, 334 SCRA 738 (2000

APPEAL BY CERTIORARI TO THE SUPREME COURT (Rule 45)

a) Application of Rule 45

7. Five Star Marketing Co.,Inc. v. Booc, 535 SCRA 28

b) Not a matter of right (Sec. 6, Rule 45)

8. People v. Flores, 481 SCRA 451

c) Questions of law; Questions of fact

9. Co v. Vargas, G.R. No. 195167, Nov. 16, 201110.Heirs of Feraren v. Court of Appeals, G.R. No. 159328, Oct. 5, 201111.Republic v. Malabanan, G.R. No. 169067, Oct. 6, 2010

d) Findings of facts; not ordinarily reviewed

12.Tayco v. Heirs of Tayco-Flores, 637 SCRA 74213.Meneses v. Venturozo, G.R. No. 172196, Oct. 19, 2011

e) When questions of facts may be passed upon in a Rule 45 petition

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14.Natividad v. MTRCB, 540 SCRA 124, 135

f) When to appeal (Sec. 2, Rule 45)

g) How to Appeal (Sec. 1, Rule 45)

XIV.2. BEFORE JUDGMENT BECOMES FINAL

A. Petition for Relief from Judgments, Orders or Other Proceedings (RULE 38)

a) Grounds and nature (Secs. 1, 2)b) Requires final judgment or loss of appealc) Can this remedy be availed of in the Court of Appeals?d) Time for filing (Sec. 3)e) Strictly followed

1. Escueta vs. Lim, G.R. No. 137162, January 24, 2007f) Contentsg) Affidavit of merit (Sec. 3)h) When motion for reconsideration considered as petitionfor reliefi) Action of court before answerj) Power to deny (Sec. 4)k) Preliminary injunction pending proceedinsg (Sec. 5)l) Order to file answer (Sec. 4)m) Proceduren) Availability of preliminary injunction (Sec. 5)o) Proceedings after answer is filed (Sec. 6)p) Where denial of appeal is set aside (Sec. 7)q) Action of court after giving due courser) Grant of petition for relief (Sec. 7)s) Denial of petition for relief (Rule 41, Sec. 1 (b))t) Remedies after petition for relief expiresu) Reopening not allowed

2. Alvendia vs. IAC, 181 SCRA 282

B. Annulment of Judgment (RULE 47)

a) When remedy availableb) Where applicable

3. People vs. Bitanga, G.R. No. 159222, June 26, 20074. Fraginal vs. Paranal, G.R. No. 150207, February 22, 20075. Grande vs. University of the Philippines, G.R. NO. 148456,

September 15, 2006

c) Grounds (Sec. 2)6. Cosmic Lumber Corp. vs. CA, 265 SCRA 166 (1996)

d) Where petition filed (Secs. 1, 10)

e) Period for filing (Sec. 3)

f) Laches7. Marcelino vs. CA, 210 SCRA 444 (1992)

g) Parties and contents (Sec. 4)

h) May be filed by a non-party to the judgment

i) Available even if judgment has been executed (Sec. 9)

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8. Islamic Da’Wah Council of the Phils. vs. CA, 178 SCRA 178(1989)

j) Action by the court (Sec. 5)

k) Procedure (Sec. 6)

l) Effect of judgment (Sec. 7)

m) Suspension of prescriptive period (Sec. 8)

XV. EXECUTION AND SATISFACTION OF JUDGMENT

a) Judgment or final order (Sec. 1)

b) Losing party must first receive notice of the judgment before the court or its personnel can execute the Judgment

1. Office of the Court Administrator vs. Corpuz, 412 SCRA 1 (2003)

c) Kinds of executioni. According to nature

a. Matter of right (Sec. 1)- enforceable by mandamus

b. Discretionary (Sec. 2)

ii. According to mode of enforcementa. By motion (Sec. 6, first sentence)b. By independent action (Sec. 6, 2nd sentence)

d) Judgments which are immediately executor

e) Discretionary execution (execution pending appeal) (Secs.2, 3, 5)

i. When and where to file motion

a. Before appeal perfected – with trial courtb. After appeal perfected – with appellate court

ii. Trial court can grant motion for execution pendingappeal even after perfection of appeal (Sec. 9, last par.)

f) Grounds of motion for execution pending appeal (Sec. 2(a),last par.)

g) Execution pending appeal applies to election cases.

2. Balajonda vs. COMELEC, G.R. No. 166032, February 28, 2005

h) Stay of execution pending appeal (Sec. 3)

Bonds in execution

a. Bond filed by judgment debtor to stay execution pending appeal – supersedeas bond (Sec. 3)

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b. Bond of judgment obligor to enable sheriff to continue holding levied property after affidavit of third party claim filed with him (Sec. 16)

i) Effect of reversal of executed judgment on appeal (Sec. 5)

j) Modes of execution (Sec. 6)i. By motion within 5 years from date of entry of judgmentii. By independent action called “revival of judgment” after 5 years and

before it is barred by statute of limitations

k) Execution in case of death of party

l) Lifetime of writ of execution (Sec. 14)3. Jalandoni vs. PNB, 108 SCRA 102 (1981)

m) Execution of judgments for money, how enforced (Sec. 9)

i. Immediate payment on demandii. Satisfaction by levy

n) Meaning of levy

4. Fiestan vs. CA, 185 SCRA 751 (1990)

o) Execution of money judgments under Rule 39, Sec. 9 – promissory note not allowed.

5. Dagooc vs. Erlina, A.M. No. P-04-1857 (formerly OCA I.P.I. No. 02-1429-P), March 16, 2005

p) Effect of levy on execution as to third persons (Sec. 12)

6. Campillo vs. CA, 129 SCRA 513 (1984)

n) Garnishment of debts and credits

N.1. Meaning of garnishment

7. Manila Remnant Co., Inc. vs. CA, 231 SCRA 281 (1994)

N.2. Garnishment of bank deposits - does not violate bank secrecy law (RA 1405)

N.3. Garnishment of public funds

o) Third party claim (Sec. 16)

i. How madeii. Who acts on the claim?

p) If disapproved, remedies of third party claimant

- file separate action to determine title or right of possession

- file complaint for damages against bond filed by judgment creditor

q) Sale on execution (Sec. 15)

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i. Real propertyii. Personal propertyiii. In all casesiv. Conveyance of property sold to highest bidder, howv. made (Secs. 23, 24, 25, 26)

r) Redemption (Secs. 27, 28)

i. Right of redemption

a. Personal property

b. Real property

ii. Who may redeem? (Sec. 27)

iii. Judgment obligor or his successor in interest

iv. Creditor who is a redemptionerv.vi. Time and manner of, and amounts payable on, successive redemption,

etc. (Sec. 28)

vii. Judgment debtor (or his successor in interest), if exercising redemption ahead of mere redemptioner – within 1 year from date of registration of sheriff’s certificate of sale (with Register of Deeds)

viii. Redemptioner exercising redemption ahead ofjudgment debtor (or his successor in interest) – within 1 year from date of registration of certificate of sale

ix. Redemptioner redeeming from another redemptioner – within 60 days after the last redemption

x. Deed and possession after expiration of redemption period

xi. (Sec. 33) Purchaser or last redemptioner entitled to:

s) When writ of possession may be issued.

t) Issuance of writ of possession – ministerial duty; pendency of civil case to annul foreclosure immaterial

u) Entry of satisfaction of judgment by clerk of court (Sec. 44)

v) Effects of judgments and final orders (Sec. 47)8. Del Rosario vs Far East Bank and Trust Company, G.R. No.

150134, October 31, 2007

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Civil Procedures -Syllabus

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