Civil Procedure I Syllabus 2024

Atty. Antonio Ceasar R. Manila

I. Introduction on Remedial Law

1. General concept of Remedial Law

a. Substantive v. Remedial Law

2. Rule Making Power of the Supreme Court

a. Scope; Limitations
b. Prospective application (Rule 144)
c. Uniform for all courts of the same grade

3. Nature of courts
a. Meaning of courts
b. Court v. judge
c. Classification of Philippine courts
d. Original v. appellate jurisdiction
e. Exclusive v. concurrent jurisdiction
f. General v. special jurisdiction
g. Delegated jurisdiction
h. Constitutional v. statutory courts
i. Courts of law v. equity
j. Principle of judicial hierarchy
k. Doctrine of judicial stability

4. Constitutional and statutory bases of court jurisdiction

II. Jurisdiction

1. Kinds of Jurisdiction
a. Civil
i. Subject matter
1. Error of jurisdiction v. error of judgment
ii. Parties
iii. Issues
iv. Res
b. Criminal
i. Subject matter
ii. Person of the accused
iii. Offense

2. Supreme Court
a. Original jurisdiction
i. Exclusive
ii. Concurrent
b. Appellate jurisdiction

3. Court of Appeals
a. Original jurisdiction
i. Exclusive
ii. Concurrent
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b. Appellate jurisdiction

4. Sandiganbayan
a. Original jurisdiction
i. Exclusive
ii. Concurrent
b. Appellate Jurisdiction

5. Court of Tax Appeals

6. Regional Trial Courts

a. Original jurisdiction
i. Civil
1. Exclusive
2. Concurrent
ii. Criminal
1. Exclusive
b. Appellate jurisdiction
c. Republic Act No. 11576 or the Judiciary Reorganization Act of 2021

7. Family Courts
a. Exclusive and original jurisdiction

8. Metropolitan Trial Courts, Municipal Trial Courts, Municipal Circuit Trial Courts and
Municipal Trial Courts in Cities
a. Original jurisdiction
i. Civil
1. Exclusive
2. Delegated
3. Special
ii. Criminal
1. Exclusive
2. Special

 Tijam v. Sibonghanoy, G.R. No. L-21450, [April 15, 1968], 131 PHIL 556-568

III. Civil Actions (Rule 1)

1. Ordinary Civil Actions

2. Special Civil Actions
3. Criminal Actions
4. Civil Actions v. Special Proceedings
5. Personal actions v. real actions
6. Local and transitory actions
7. Actions in rem, in personam and quasi in rem
8. Independent Civil Actions
9. Uniform procedure in courts of the same grade (Rule 5)

 Imperial Insurance, Inc. v. Rosete, G.R. No. 55630, [March 6, 1990], 262 PHIL 1-6
 Biaco v. Philippine Countryside Rural Bank, G.R. No. 161417, [February 8, 2007], 544
PHIL 45-58

IV. Cause of Action (Rule 2)

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1. Definition of cause of action

2. Right of action v. cause of action
3. Failure to state cause of action v. lack of cause of action
4. Test of sufficiency of action
5. Splitting a single cause of action
6. Joinder and misjoinder of causes of action

 Lajave Agricultural Management and Development Enterprises, Inc. v. Spouses

Javellana, G.R. No. 223785, [November 7, 2018]

V. Parties to Civil Actions (Rule 3)

1. Real parties in interest; indispensable parties; representatives as parties; necessary parties;

indigent parties; alternative defendants
2. Compulsory and permissive joinder of parties
3. Misjoinder and non-joinder of parties
4. Class suits
a. Derivative suits
5. Suits against entities without juridical personality
6. Effect of death of party litigant
7. Locus Standi

 Quilatan v. Heirs of Quilatan, G.R. No. 183059, [August 28, 2009], 614 PHIL 162-168

VI. Venue (Rule 4)

1. Venue v. jurisdiction
2. Venue of real actions
3. Venue of personal actions
4. Venue against non-residents
5. When the rules on venue do not apply
6. Stipulation on venue
7. Effect of wrong venue

 BPI Family Savings Bank, Inc. v. Spouses Yujuico, G.R. No. 175796, [July 22, 2015],
764 PHIL 533-542

VII. Rules on Pleadings (Rule 6)

1. Kinds of pleadings
a. Complaint
b. Answer
i. Negative Defenses
ii. Negative Pregnant
iii. Affirmative Defense
c. Counterclaims
i. Claiming and defending parties
ii. Compulsory counterclaim
iii. Permissive counterclaim
iv. Effect on the counterclaim when complaint is dismissed
d. Cross-claims
e. Third (fourth, fifth, etc.) party complaints

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f. Complaint-in-intervention
g. Reply

 Sy-Vargas v. Estate of Ogsos, G.R. No. 221062, [October 5, 2016], 796 PHIL 840-856

VIII. Parts of a Pleading (Rule 7)

1. Caption
2. Signature
3. Verification
a. When applicable
b. Effect of non-compliance
4. Certification against forum shopping
a. Requirements of a corporation execution a certification against forum shopping
b. Effect of non-compliance
c. Effect of willful forum shopping
5. Signature
a. MCLE compliance

 Quitalig v. Quitalig, G.R. No. 207958, [August 4, 2021]

IX. Allegations in a Pleading (Rule 8) and Default (Rule 9)

1. Manner of making allegations

a. Condition precedent
b. Fraud, accident, mistake and excusable negligence
2. Pleading an actionable document
3. Specific denials
a. Effect of failure to make specific denials
b. When specific denial requires an oath
4. Effect of failure to plead
a. Failure to plead defenses
b. Failure to plead compulsory counterclaim and cross-claim
5. Default
a. When to declare a defendant in default
b. Effect of an order of default
c. Relief from an order of default
d. Extent of relief
e. Actions where default are not allowed

 National Power Corp. v. Baysic, G.R. No. 213893, [September 25, 2019]

X. Amendments (Rule 10)

1. Amendment as a matter of right

2. Amendments with leave of court
3. Formal amendment
4. Amendment to conform to or authorize presentation of evidence
5. Supplemental pleadings

---MIDTERMS---

XI. Filing and Service of Pleadings, Judgments, Final Orders and Resolutions (Rule 13)
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1. Payment of docket fees

2. Filing v. service of pleadings
3. Service of pleadings v. summons
4. Period of filing of pleadings (Rule 11)
a. Extension of time to file pleadings
b. Computation of time (Rule 22)
5. Manner of filing
6. Modes of service of pleadings
a. Personal service
b. Service by mail
c. Substitute service of pleadings, judgments, final orders or resolutions
d. Service of judgments, final orders or resolutions
e. Priorities in modes of service and filing
f. When service is deemed completed
g. Proof of filing and service

XII. Summons (Rule 14)

1. Nature and purpose of summons

2. Voluntary appearance
3. Service in person on defendant
4. Substituted service of summons
5. Constructive service (by publication)
a. Service upon a defendant where his identity is unknown or where his whereabouts
are unknown
b. Service upon residents temporarily outside the Philippines
6. Extra-territorial service, when allowed
7. Service upon prisoners
8. Proof of service

 De Pedro v. Romasan Development Corp., G.R. No. 194751, [November 26, 2014], 748
PHIL 706-742)
 Manotoc v. Court of Appeals, G.R. No. 130974, [August 16, 2006], 530 PHIL 454-477

XIII. Motions in General (Rule 15)

1. Definition
2. Motion v. pleading
3. Contents and forms of motions
4. Notice of hearing (relate to Rule 49, Section 3)
5. Hearing of motions
6. Omnibus motion rule
7. Motion to Dismiss (Former Rule 16)
a. Grounds

 Pilipinas Shell Petroleum Corp. v. Romars International Gases Corp., G.R. No. 189669,
[February 16, 2015], 753 PHIL 707-719

XIV. Motion for Bill of Particulars (Rule 12)

1. Purpose and when applied for

2. Effect of non-compliance

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3. Effect on the period to file a responsive pleading

XVI. Dismissal of Actions (Rule 17)

1. Dismissal by the plaintiff

a. Two-dismissal rule
b. Effect on existing counterclaim
2. Dismissal due to the fault of the plaintiff

XVII. Pre-trial (Rule 18)

1. Nature and purpose of pre-trial

2. Notice of pre-trial
3. Appearance and non-appearance of a parties
4. Order of default v. failure to attend pre-trial
5. Pre-trial brief
a. Effect of non-filing
6. Pre-trial order
7. Pre-trial in civil cases v. criminal cases
8. Guidelines for pre-trial (A.M. No. 03-1-09-SC)

 Spouses Salvador v. Spouses Rabaja, G.R. No. 199990, [February 4, 2015], 753 PHIL
175-200

XVII. Intervention (Rule 19)

1. Requisites for intervention

2. Time to intervene
3. Remedy for the denial of motion to intervene

XVIII. Subpoena (Rule 21)

1. Subpoena duces tecum

2. Subpoena ad testificandum
3. Service of subpoena
4. Compelling a witness to attend
5. Quashing a subpoena
6. Viatory right

XIX. Modes of Discovery (Rule 23 to 29)

1. Deposition pending action
a. Definition
b. Proper use and scope
2. Written interrogatories to adverse parties
a. Consequence of refusal to answer
b. Effect of failure to serve written interrogatories
3. Request for Admission
a. Implied admission by adverse party
b. Consequence of failure to answer request for admission
c. Effect of admission
4. Production and inspection of documents or things
5. Physical and mental examination of a witness
6. Consequence of refusal to comply with modes of discovery

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XX. Trial (Rule 30 to 32)

1. Adjournment and postponement
2. Requisites of motion to postpone trial
3. Agreed statement of facts
4. Order of trial; reversal of order
5. Consolidation or severance of hearing or trial
6. Delegation of reception of evidence
7. Trial by commissioners

XXI. Demurrer to Evidence (Rule 33)

1. Ground
2. Effect of denial
3. Effect of grant
4. Waiver of the right to present evidence
5. Demurrer to evidence in civil cases v. criminal cases

 Gonzales v. Bugaay, G.R. No. 173008, [February 22, 2012], 682 PHIL 463-470

XXII. Judgment (Rule 34 to 36)

1. Concept and requirements

2. Kinds of judgment and definitions
a. Without testimonial evidence
i. Judgment of the pleadings
ii. Summary judgment
b. With partial reception of evidence
i. Judgment by default
ii. Judgment by failure to attend pre-trial
iii. Judgment on demurrer to evidence
c. With reception of evidence
d. Memorandum decision; partial decision
e. Judgment non pro tunc
f. When does a decision, final order or resolution become final and executory

 Aljem's Credit Investors Corp. v. Spouses Bautista, G.R. No. 215175, [April 25, 2022]

----FINALS----

Recommended Book:
Civil Procedure Vol I
Riano

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