Syllabus 2022 23
Syllabus 2022 23
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:
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:
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
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
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
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?
X. SUBPOENA
a) Subpoena to prisoners
b) Quashal of subpoena
c) subpoena duces tecum
d) subpoena ad testificandum
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
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
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