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Syllabus 2022 23

This document contains an outline for a Civil Procedure syllabus covering various topics: 1. General provisions on applicability of rules of court, retroactive application, and construction of rules. 2. An overview of civil actions including what constitutes a civil action, forms of civil actions, how they are commenced, causes of action, and effects of splitting or misjoinder. 3. Parties to a civil action including plaintiffs, defendants, counterclaims, cross-claims, real parties in interest, indispensable parties, joinder and misjoinder of parties, class suits, and effects of death or transfer of interest on parties.
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0% found this document useful (0 votes)
63 views

Syllabus 2022 23

This document contains an outline for a Civil Procedure syllabus covering various topics: 1. General provisions on applicability of rules of court, retroactive application, and construction of rules. 2. An overview of civil actions including what constitutes a civil action, forms of civil actions, how they are commenced, causes of action, and effects of splitting or misjoinder. 3. Parties to a civil action including plaintiffs, defendants, counterclaims, cross-claims, real parties in interest, indispensable parties, joinder and misjoinder of parties, class suits, and effects of death or transfer of interest on parties.
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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SYLLABUS

CIVIL PROCEDURE
SACP S. Salazar

I. GENERAL PROVISIONS
a) Applicability
b) Uniform Procedure in MTC & RTC
1. exceptions
c) Rules of Court as law
d) Retroactive application
1. Rule 144
2. exceptions
3. Tan, Jr. v. CA, G.R. No. 136368, January 16, 2002
4. Colmenar vs. Colmenar, G.R. No. 252467, June 21, 2021
e) Construction
1. What is the general course of action?
Asia United Bank v. Goodland Co., G.R. No. 188051,
November 22, 2010
2. When is liberal construction proper?
Rule 1, Sec. 6
Cabrera v. Ng, G.R. No. 201601, March 12, 2014
Sebastian v. Morales, 445 Phil 595, 605
Sablas v. Sablas, 526 SCRA 292
Saint Louis University v. Cobarrubias, G.R. No. 187104,
August 3, 2010
a. requisites for the application of liberal construction
Gipa, et al. v. Southern Luzon Institute, G.R. No.
177425, June 18, 2014

RELATED READING:

A.M. No. 19-08-14-SC (Admiralty cases)

III. CIVIL ACTIONS


a) What is a civil action?
b) Forms of civil actions
1. Applicable Rules
2. When Rules not applicable?
c) How commenced?
1. Purpose of this provision
d) Cause of Action
e) Effect of splitting a single cause of action
Marilag vs. Martinez, G.R. No. G.R. No. 201892, July 22, 2015
Riviera Golf, Inc. vs. CCA Holdings, G.R. No. 173783, June 17,
2015
f) Joinder of Causes of Action
Ada, et al. v. Baylon, G.R. No. 182435, August 13, 2012
g) Effect of Misjoinder of Action

IV. PARTIES TO A CIVIL ACTION


a) Plaintiff and Defendant
b) What is a counter-claim?
c) Kinds of counter-claims
1. Compulsary counter-claim
a. When allowed?
2. Permissive counter-claim
3. Effect of failure to answer the counter-claim
d) Cross-claims
e) Third, etc. - complaint
f) Real party in interest
1. Unknown real party in interest
2. Representatives of real party in interest
3. Spouses as parties
4. Minor and incompetent parties
5. Unwilling plaintiff
g) Indispensable and Necessary Parties
Living @ Sense, Inc. v. Malayan Insurance, G.R. No. 193753,
September 26, 2012 (solidary liable party)
Divinagracia v. Parilla, et al., G.R. No. 196750, March 11, 2015
(illegitimate heir as indispensable party)
h) Joinder & misjoinder of parties
1. Effect of non-joinder
2. Effect of misjoinder
i) Class suit
j) Death or separation of a party
1. Duty of counsel
k) Effect of death on contractual money claims
l) Transfer of interest
m) Actions involving validity

V. PLEADINGS
a) What is a pleading?
1. Pleadings allowed to assert the claims of a party
a. What is a complaint?
2. Pleadings allowed in alleging the defenses to the pleadings
asserting a claim
a. What is an answer?
b. Kinds of defenses
1. Negative defenses
2. Affirmative defenses
a) Fraud; statute of limitations; release; payment;
illegality; statute of frauds; estoppel; former
recovery; discharge in bankruptcy; other matter by
way of confession and avoidance (Sec. 5b, Rule 6).
1) summary hearing
b) other grounds: the court has no jurisdiction over
the person of the defending party; venue is
improperly laid; the plaintiff has no legal capacity to
sue; the pleading asserting the claim states no
cause of action; and a condition precedent for the
filing of the claim has not been complied with (Sec.
12, Rule 8).
1) to be resolved motu proprio
c) lack of jurisdiction over the subject matter,
pendency of another action between the same
parties for the same cause, bar by a prior judgment.
1) may be used as grounds in a motion to
dismiss
3. Effect of failure of raise affirmative defenses
4. Prohibited remedies against the denial of these
affirmative remedies
a) Proper remedy
b) What is a counterclaim?
1. Kinds of counterclaim
a. Compulsory counterclaim
1. Requisites
2. exception
3. Effect of failure to raise
b. Permissive counterclaim
c. Counter counterclaim
c) What is a cross-claim?
d) What is a counter cross-claim?
e) What is a reply?
1. When allowed?
2. Function of a reply
2. Effect if no reply is filed
f) What is a rejoinder?
1. When allowed?
2. Limitation of a rejoinder
g) What is a third (fourth, etc.)-party complaint?
1. Requisite
2. Purpose
3. When may not be admitted?
4. Answer to third (fourt, etc.)-party complaint
a. Defenses against the third (fourt, etc.)-party plaintiff
b. Defenses against the original plaintiff
h) Parts and contents of a pleading
1. Caption
2. The body
3. Relief
4. Date
5. Signature and address
i) What are constituted by the signature of the counsel?
1. Effect if rule is violated
2. Extent of coverage
a. Exception
j) Effect of an unsigned pleading
k) Aside from signature of lawyer, what else are required?
Intestate Estate of Jose Uy v. Atty. Pacifico M. Maghari III, A.C.
No. 10525, September 1, 2015
Republic v. Kenrick Development Corp., G.R. No. 149576,
August 8, 2006
Bar Matter No. 1922; OCA Circular No. 99-2008; OCA Circular
No. 79-2014, May 26, 2014
l) Verification
1. Authorized signatory
2. Attachment
3. Allegations
4. What does the signature of the affiant certifies?
5. Effect of lack of proper verification
m) Certification against forum-shopping
1. When required?
2. What should be certified?
3. Effect of non-compliance
Bacolor, et al. v. Makabali Memorial Hospital, Inc., et al.,
G.R. No. 204325, April 18, 2016
Cagayan Valley Drug Corp. v. CIR, G.R. No. 151413,
February 13, 2008
Mid-Pasig Land Dev. Corp. v. Tablante, G.R. No. 162924,
February 4, 2010
Torres vs. Republic, G.R. No. 247490, March 2, 2022
n) What are to be attached to the pleading?
o) Striking out of pleading or matters contained therein

RELATED READING:

A.M. No. 12-8-8-SC (Judicial Affidavit Rule)

VI. MANNER OF MAKING ALLEGATIONS


a) Alternative causes of actions or defenses
b) Capacity of the parties
1. attachments
c) General and Specific Averments
1. attachments
d) Specific denials
1. Effect of failure
e) Type of specific denials
f) Negative pregnant
g) Affirmative defenses
h) Actionable documents
1. Requisites in denying actionable documents
2. Effect of failure
Benguet Exploration, Inc. v. CA, G.R. No. 117434, February
9, 2001

RELATED TOPICS AND JURISPRUDENCE


• Rules 1 – 8
• Bar Matter No. 1132
• Bar Matter No. 287
• Section 139 of the Local Government Code
• A.M. No. 07-6-5-SC

MEMORIZE:
• Rule 1 Section 3a, pars. 1 & 2
• Rule 2 Sections 1, 2, 4, & 5
• Rule 3 Sections 2 & 8
• Rule 4 Sections 1 & 2
• Rule 6 Sections 1 & 3
• Rule 7 Sections 4 & 5
• Secs. 9, 19 & 33 of B.P. Blg.129, as amended

VII. JURISDICTION
a) What is juridiction?
b) Aspects of the concept of jurisdiction
Boston Equity Resources, Inc. v. CA, G.R. No. 173946, June 19,
2013
c) Jurisdiction over the subject matter
Batas Pambansa Blg. 129, as amended
RA 11576
First Sarmiento Property Holdings v. PBCom, G.R. No. 202836,
June 19, 2018 (incapable of pecuniary estimation)
Gonzales vs. GJH Land, Inc., G.R. No. 202664, November 20,
2015
Roldan vs. Sps. Barrios, G.R. No. 214803
Iniego v Purganan, G.R. No. 166876, March 24, 2006
1. Totality Rule
Pantranco North Express, Inc. v. Standard Insurance Co.,
Inc., et al., G.R. No. 140746, March 16, 2005
Iniego v Purganan, G.R. No. 166876, March 24, 2006
d) Jurisdiction over the parties
1. Additional defendants
e) General Rule
1. Exception
Tijam v. Sibonghanoy, 23 SCRA 29 (estoppel by laches)
Figueroa v. People, G.R. No. 147406, 7-14-2008 (general
rule)
Calimlim v. Ramirez, 204 Phil 25; 118 SCRA 399
Mangaliag v. Catubig-Pastoral, G.R. No. 143951, 10-25-
2005
Frianela v. Banayad, Jr., G.R. No. 169700, 7-30-2009
Duero v. CA, G.R. No. 131282, January 4, 2002
Velasquez, Jr. vs. Lisondra Land, G.R. No. 231290
f) Payment of docket fees
Manchester Dev. Corp. v. CA, G.R. No. L-75919, May 7, 1987
Sun Insurance Office, Ltd. v. Asuncion, G.R. Nos. 79937-38,
February 13, 1989
United Overseas Bank v. Ros, et al., G.R. No. 171532, August
7, 2007; 556 Phil. 178; Negros Oriental Planters Association,
Inc. v. RTC Negros Occidental, G.R. No. 179878, December 24,
2008
g) Docket fees for Civil damages in criminal actions
General v. Claravall, 195 SCRA 623
Manuel v. Judge Alfeche, Jr., et al., G.R. No. 115683, July 26,
1996
h) Doctrine of Primary Jurisdiction
Paloma v. Mora, G.R. No. 157783, September 23, 2005; Villaflor
v. CA, 280 SCRA 297, 327
Star Special Corporate Security Management, Inc. vs. COA,
G.R. No. 225366, September 01, 2020 (exception to doctrine of
primary jurisdiction)

VIII. VENUE
a) What is a real action?
b) What is a personal action?
c) Venue of Real and Personal actions
Latorre v. Latorre, 617 SCRA 88
d) What is an action quasi in rem?
e) Venue of actions quasi in rem
f) Venue of actions for Specific performance
Sps. Saraza v. Francisco, G.R. No. 198718, November 27, 2013
Gochan v. Gochan, 372 SCRA 256
g) Recovery of deficiency after EJF
BPI Family Savings Bank, Inc. v. Sps. Yujuico, G.R. No.
175796, July 22, 2015
h) Exclusive venue
Briones v. CA, et al., G.R. No. 204444, January 14, 2015
i) Limitation on exclusivity of venue
San Miguel Corp. v. Monasterio, G.R. No. 151037, June 23,
2005
A.M. No. 99-10-05-0, August 7, 2001; Sps. Ochoa v. China
Banking Corp., G.R. No. 192877, March 23, 2011
j) Dismissal due to improper venue
1. Summary Procedure
2. Small Claims
IX. AMENDED & SUPPLEMENTAL PLEADINGS
a) Kinds of amendments
Marcos-Araneta, et al. v. CA, G.R. No. 154096, August 22,
2008; Alpine Lending Investors v. Corpuz, 508 SCRA 45
b) When made?
c) How filed?
d) When shall leave of court be refused?
e) Effects of amendment
f) Amendment during trial stage
1. General Rule
2. Exceptions
PNB v. Sps. Manalo, G.R. No. 174433, February 24, 2014
g) Difference between amended and supplemental pleadings
h) Effect of supplemental pleading
Young v. Spouses Sy, 534 Phil. 246
Ada, et al. v. Baylon, G.R. No. 182435, August 13, 2012

X. EFFECT OF FAILURE TO PLEAD


a) Effect of failure to raise defenses
1. General Rule
2. Exceptions
b) Default
1. When not allowed?
2. Effect on counter-claim
3. Effect on amended complaint
4. Extent of relief awarded
c) Remedy against an order of default
BDO-EPCI v. Transipek, G.R. No. 181235, July 22, 2009
d) Extension of time
e) Remedy against a judgment in default
Lina v. CA, 135 SCRA 637(?); Republic v. Sandiganbayan, 540
SCRA 431
Lui Enterprises vs. Zuellig, G.R. No. 193494, March 12, 2014

XI. WHEN TO FILE RESPONSIVE PLEADINGS


a) What is an answer?
b) When to file an answer?
1. ordinary civil action
2. Summary Procedure and Small Claims cases
c) Computation of time
d) Extension of time
1. When allowed?
e) Forms of Defenses
f) Affirmative and Negative Defenses
g) Formalities required
h) Reply
1. When filed?
2. Effect of non-filing

XII. SUMMONS
a) What is summons?
b) Who issues summons?
c) Who serves summons?
Manalo vs. Robles Trans. Co. Inc., 99 Phil 729
d) Issuance and service of summons after amendment
Vlason Enterprises Corp. v. CA, 310 SCRA 26
e) Kinds of service of summons
1. personal service
Manuel v. Ong, G.R. No. 205249, October 15, 2014
2. substituted service
Manotoc v. CA, G.R. No. 130974, August 16, 2006; Alpine
Lending Investors v. Corpuz, 508 SCRA 45
3. extraterritorial service
f) How is summons served?
1. domestic private juridical entity
E.B. Villarosa & Partner, Ltd. v. Benito, 312 SCRA 65
Green Star Express, Inc. v. Nissin Universal Robina Corp.,
G.R. No. 181517, July 6, 2015
2. defendant without juridical entity
3. foreign private juridical entity
4. public corporation
5. prisoner
6. minor or incompetent person
7. identity or whereabout is unknown
8. resident but temporarily outside the Philippines
9. by publication
g) Voluntary appearance

XIII. BILL OF PARTICULARS OR DEFINITE STATEMENT


a) When to file?
b) When to comply?
c) When to file answer?
d) Effect of non-compliance or insufficient compliance

XIV. FILING AND SERVICE OF PLEADINGS, JUDGMENTS AND


OTHER PAPERS
a) How done?
b) Substituted service of pleadings and papers

RELATED TOPICS AND JURISPRUDENCE


• Rules 9 to 14
• Domagas v. Jensen, G.R. No. 158407, January 17, 2005

XV. MOTIONS
a) What is a motion?
b) Contents of a motion
1. Notice of hearing
2. three-day notice rule
3. ten-day notice rule
4. Effects of non-compliance
c) Kinds of motions
1. ex-parte motion
2. litigated motion
d) Omnibus Motion Rule
e) Prohibited motions
1. Summary Procedure and Small Claims cases
2. Continuous Trial Guidelines
3. Writs of Amparo and Habeas Data
4. Environment cases
f) Motion to Dismiss
a) Grounds
Lui Enterprises vs. Zuellig, G.R. No. 193494, March 12, 2014

XVI. DISMISSAL OF ACTIONS


a) Notice of dismissal
Ching vs. Cheng, G.R. No. 175507, October 8, 2014
b) Dismissal after answer
Blay vs. Bana, G.R. No. 232189, March 7, 2018 (counterclaim)
c) Two-Dismissal Rule
d) Failure to prosecute

XVII. PRE-TRIAL
a) What to consider?
b) Purpose of Pre-Trial
Philam v. Enario. G.R. No. 182075
LCK Industries Inc., et al. v. Planters Development Bank, G.R.
No. 170606, November 23, 2007
c) Duty to set case for pre-trial
A.M. No. 03-1-09-SC, July 13, 2004
d) Mandatory requirement
Sec. 2, Rule 18; Sec. 3, Supreme Court Circular No. 38-98,
August 11, 1998; Republic Act No. 8493 – Speedy Trial Act
e) Effect of failure to appear
Citibank, N.A. v. Sps. Corpuz, G.R. No. 177133, July 31, 2009
Aguilar, et al. v. Lightbringers Credit Cooperative, G.R. No.
209605, January 12, 2015
f) Effect of failure to file Pre-Trial brief
Durban Apartments Corp. v. Pioneer Insurance and Surety
Corp., G.R. No. 179419, January 12, 2011

XVIII. INTERVENTION
a) Complaint-in-intervention
1. When filed?
2. What to file?
b) Answer-in-intervention
1. When filed?

XIX. CALENDAR OF CASES


a) Assignment of cases
b) Raffle

X. SUBPOENA
a) Subpoena to prisoners
b) Quashal of subpoena
c) subpoena duces tecum
d) subpoena ad testificandum

RELATED TOPICS AND JURISPRUDENCE


READ:
• Rules 15 to 22
• Soliman v. Fernandez, G.R. No. 176652, June 4, 2014
• Judicial Affidavit Rule, A.M. No. 12-8-8-SC, September 4, 2012
• A.M. No. 01-10-5-SC-PHILJA, October 16, 2001 (Mediation)
• A.M. No. 11-1-6-SC, January 11, 2011 (Judicial Dispute
Resolution)

XXI. MODES OF DISCOVERY


a) Deposition defined
Ayala Land, Inc. v. Tagle, et al., G.R. No. 153667, August 11,
2005
b) Purpose of deposition
Jonathan Landoil International Co., Inc. v. Sps. Mangudadatu,
G.R. No. 155010, August 16, 2004
c) Deposition pending action
1. When and how availed?
2. Before whom taken?
i. In the Philippines
ii. Foreign countries
a. letter rogatory
b. commission
d) Deposition before action
1. Venue
e) Deposition pending appeal
f) Non-applicability in criminal cases
Harry Go v. People, G.R. No. 185527, July 18, 2012
g) Interrogatories to Parties
h) Answer to interrogatories
i) Objections to interrogatories
j) Admission by Adverse Party
k) Production or Inspection of Documents or Things
l) Physical and Mental Examination
m) Refusal to Comply with Modes of Discovery

XXII. TRIAL
a) Order of trial
1. Plaintiff’s evidence
2. Cross-examination
3. Defendant’s evidence
4. Formal Offer of Exhibits
5. Cross-examination
6. Formal Offer of Exhibits
7. Third-party, etc. defendant’s evidence
8. Formal Offer of Exhibits
9. Rebuttal evidence
10. Sur-rebuttal evidence
b) Consolidation and Severance
c) Trial with Assessor
d) Trial by Commissioner

XXIII. DEMURRER TO EVIDENCE


a) When availed?
b) What ground?
c) Effect if granted
1. appeal
d) Effect if denied
1. appeal
e) Demurrer to evidence in criminal v. demurrer to evidence in civil
actions

XXIII. RULES ON SUMMARY PROCEDURE


a) Cases governed
b) Condition precedent
1. Effect of non-compliance
c) When to file answer?
1. Remedy for failure to answer
2. Effect of failure to answer
d) Limitation on judgment when no answer is filed
e) Effect of failure to appear during preliminary conference
f) Prohibited pleadings
g) Judgment
h) Execution of judgment
i) Appeals
j) Forcible Entry and Unlawful Detainer
Rule 70
k) Accion interdictal v. Accion publiciana v. Accion reivindicatoria
l) Jurisdiction and venue
m) Forcible entry v. Unlawful detainer
n) Sufficiency of complaint for unlawful detainer
Fairland Knitcraft Corp. v. Po, G.R. No. 217694, January 27,
2016
o) Basis of judgment when no answer
p) Execution
q) Appeal
XXIV. RULES ON EXPEDITED PROCEDURES IN THE FIRST LEVEL
COURTS
a) Rules on Summary Procedure
b) Rules of Procedure in Small Claims Cases
A.L. Ang Network, Inc. vs. Mondejar, G.R. No. 200804, January
22, 2014.

XXV. JUDGMENT ON THE PLEADINGS


a) When availed?
b) When not applicable

XXVI. SUMMARY JUDGMENTS


a) Genuine issue
MARINA v. Marc Properties Corp., G.R. No. 173128
b) Who may file?

XXVii. JUDGMENTS AND FINAL ORDERS


a) Judgment and Final Order defined
b) Judgment based on compromise agreements
c) Judgment non pro tunc
d) Judgment sin perjuicio
e) Immutability of judgment
Peña v. GSIS, G.R. No. 159520, September 19, 2006, 502
SCRA 383
f) Doctrine of Judicial Stability or Non-interference
Panlilio v. Salonga, G.R. No. 113087, June 27, 1994; 233 SCRA
476, 481-482
g) Fallo vs. body of the decision
Gonzales v. Solid Cement Corp., et al., G.R. No. 198423,
October 23, 2012
Armovit v. CA, et al., G.R. No. 154559, October 5, 2011

XXVIII. NEW TRIAL AND RECONSIDERATION


a) When to avail?
b) Grounds
1. Motion for New Trial
2. Motion for Reconsideration
c) Effect of pro forma motion
d) Second motion
1. Motion for New Trial
2. Motion for Reconsideration

XXIX. RELIEF FROM JUDGMENT


a) Grounds
b) Instances when remedy may be availed of
Francisco v. Puno, 108 SCRA 427
c) Where and when filed?
d) Who may file?
Alaban v. CA, 470 SCRA 697
e) Formal requirements
f) When to file answer to the petition?
g) Remedy if writ of execution already issued

XXX. EXECUTION
a) Execution as a matter of right
b) Discretionary execution
c) Execution pending appeal
d) Execution, how made?
e) When may judgment be enforced?
Davis v. Davis. G.R. No. 233489, March 7, 2018
f) Sale on execution
g) Terceria

RELATED TOPICS AND JURISPRUDENCE


READ:
• Rules 23 to 39
• 1991 Revised Rules on Summary Procedure
• Revised Rules of Procedure on Small Claims Cases (A.M. No.
08-8-7-SC, as amended)
• A.M. No. 15-07-12-SC
• OCA Circular No. 161-2016

XXXI. APPEAL
a) Basic principles
b) Doctrine of residual jurisdiction
c) MTC to RTC
Crisologo v. Daray, 562 SCRA 382
d) RTC to CA
1. Ordinary appeal (appeal by writ of error)
2. Petition for review
e) RTC to SC
1. Appeal by certiorari
2. What can be raised?
3. Factual issue bar rule
Medina v. Koike, G.R. No. 215723, July 27, 2016 (divorce)
f) Dismissal of Appeal
1. Grounds
g) Withdrawal of appeal
1. matter of right
2. discretionary
h) Quasi-judicial bodies to CA
i) CSC to CA
j) NLRC to CA
St. Martin Funeral Homes v. NLRC, 295 SCRA 494
k) Doctrine of hierarchy of courts
l) Ombudsman to CA
m) Court of Tax Appeals
n) MTC/RTC to COMELEC
Relampayos v. COMELEC, 243 SCRA 690
o) COMELEC/COA to SC
p) CA to SC

RELATED TOPICS AND JURISPRUDENCE


READ:
• Rules 40 to 45
• Rule 50
• A.M. No. 07-7-12-SC
• A.M. No. 99-2-01-SC, February 9, 1999
• A.M. No. 08-1-16-SC
• Neypes v. CA, 469 SCRA 633
• Imani v. Metrobank, 635 SCRA 357; Akang v. Municipality of
Isulan, G.R. No. 186014, June 26, 2013

XXXII. ORIGINAL CASES FILED IN THE COURT OF APPEALS


a) Internal Business
b) Oral argument
c) Judgment
d) Motion for Reconsideration / New Trial
e) Stay of execution

XXXIII. ANNULMENT OF JUDGMENTS OR FINAL ORDERS AND


RESOLUTIONS
a) When may be availed?
People v. Bitanga, G.R. No. 159222, June 26, 2007
Galang v. CA, 472 SCRA 259
b) Grounds
c) Extrinsic fraud
Joven v. Calilung, 477 SCRA 470
1. Effect on prescriptive period
d) lack of jurisdiction
Tolentino v. Leviste, 443 SCRA 274
De Pedro v. Romasan Dev. Corp., G.R. No. 194751, November
26, 2014

RELATED TOPICS AND JURISPRUDENCE


READ:
• Rules 46 to 55

XXXIV. PROVISIONAL REMEDIES


a) Preliminary Attachment
1. Grounds
Watercraft Venture Corp. v. Wolfe, G.R. No. 181721,
September 9, 2015
2. Affidavit and Bond
b) Preliminary Injunction
1. Grounds
BPI v. Hontanosas, Jr., et al., G.R. No. 157163, June 25,
2014
2. Application and bond
3. Applicability and non-applicability of the doctrine of non-
interference
c) Receivership
d) Replevin
1. Application
BA Finance Corp. v. CA, 258 SCRA 102
2. Affidavit and Bond
3. Disposition by sheriff
4. Third-party claim
5. Judgment
Advent Capital Corp. v. Young, 655 SCRA 118
e) Support Pendente Lite
1. Remedy against unwarranted support
RELATED TOPICS AND JURISPRUDENCE
READ:
• Rules 56 to 61
• SC Administrative Circular No. 07-99, June 25, 1999
• Garcia v. Burgos, 291 SCRA 546
• Mison v. Natividad, 213 SCRA 734
• RA 8975
• Sec. 55 RA 6657
• Sec. 31-A, Proclamation No. 50-A and EO 323, 2000
• LZK Holdings and Dev. Corp. v. Planters Dev. Bank, G.R. No.
167998, April 27, 2007

XXXV. SPECIAL CIVIL ACTIONS


a) Interpleader
Ocampo v. Tirona, 455 SCRA 62
b) Declaratory Relief and Similar Remedies
Almeda v. Bathala Marketing Industries, Inc., 542 SCRA 470
Kawasaki Port Services, Corp. v. Amores, 199 SCRA 230
Malana vs. Tappa, G.R. No. 181303, September 17, 2009
Sps. Sabitsana vs. Muertegui, G.R. No. 181359, August 5, 2013
1. Exclusive jurisdiction
2. Exception (SC)
c) Review of Judgments and Final Orders or Resolutions of the
COMELEC & COA
d) Certiorari, Prohibition and Mandamus
e) Quo warranto
Sec. 4 of PD 1606, as amended by RA 8249
Sec. 253 Omnibus Election Code
f) Expropriation
RA 8974
NPC v. CA, G.R. No. 103442-45, May 21, 1993
g) Foreclosure of Real Estate Mortgage
Act 3135, as amended by Act 4118
h) Partition
i) Contempt

RELATED TOPICS AND JURISPRUDENCE


READ:
• Rules 62 to 71

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