CIVIL PROCEDURE I

GENERAL PRINCIPLES
I. Remedial Law and the Rules of Court
A. Concept Of Remedial Law
B. Substantive Law Vs Remedial Law
● Colmenar v. Colmenar, G.R. No. 252467, 21 June 2021
C. Major Aspects Of Remedial Law
D. Scope Of Civil Procedure
E. Prospective Effect Of The Rules Of Court
F. Actions Or Proceedings Governed By The Rules Of Court
II. Rule-Making Power of the Supreme Court
● Labao v. Flores, G.R. No. 187984, 15 November 2010
A. Constitutional Authority To Promulgate Rules
B. Limitations On The Rule-Making Power Of The Supreme Court
C. Power To Amend And Suspend The Rules
D. Pro Hac Vice Rule
E. The Rule on Liberal Construction; Purpose
III. Nature of the Philippine Courts
A. Judicial Power
B. Doctrines of Hierarchy of Courts and Adherence of Jurisdiction
● Gios-Samar, Inc. v. DOTC, G.R. No. 217158, 12 March 2019
C. Doctrine Of Non-Interference/Judicial Stability
D. Constitutional And Statutory Courts.
E. Civil And Criminal Courts
F. Superior And Inferior Courts
G. Courts Of General vs Special Jurisdiction
H. Courts Of Original vs Appellate Jurisdiction
I. Original And Exclusive Jurisdiction Distinguished
J. Concurrent Jurisdiction
IV. The Basic Processes of Ordinary Civil Actions
JURISDICTION AND VENUE
I. Jurisdiction
A. Aspects of Jurisdiction
1. Jurisdiction in General
2. Jurisdiction over Subject Matter
• Radio Communications of the Philippines, Inc. v. Court of Appeals, G.R.
No. 136109, August 1, 2002
• Sps. Erorita v. Sps. Dumlao G.R. No. 195477, 25 January 2016
Heirs of Alfredo Bautista v. Lindo, G.R. No. 208232, 10 March 2014
Heirs of Julao v. De Jesus, G.R. No. 176020, 29 September 2014 – Note
the jurisdictional amounts as amended by RA 11576
3. Jurisdiction over the Parties
● Palmiano-Salvador v. Angeles, G.R. No. 171219, 3 September 2012
4. Jurisdiction over the Issues
● Denila v. Republic, G.R. No. 206077, July 15, 2020
5. Jurisdiction over Res
● De Joya v. Marquez, G.R. No. 162416, 31 January 2006
B. Jurisdiction of Various Philippine Courts and Tribunals
1. Supreme Court
2. Court of Appeals
3. Court of Tax Appeals
4. Metropolitan Trial Courts, Municipal Trial Courts, Municipal Trial Courts in
cities, and Municipal Circuit Trial Courts (Republic Act No. (RA) 11576, An
Act Further Expanding the Jurisdiction of First-Level Courts
5. Regional Trial Courts
● Heirs of Dolleton v. Fil- Estate Management, Inc.,
G.R. No. 170750, April 7, 2009st-Level Courts)
6. Family Courts
● Thornton v. Thornton, G.R. No. 154598, 16 August 2004
7. Shari’a Circuit Court
C. Venue (Rule 4)
1. Venue vs. Jurisdiction
• Nocum v. Lucio Tan G.R. No. 145022, 23 September 2005
2. Venue in civil cases vs. Criminal cases
• Nocum v. Lucio Tan G.R. No. 145022, 23 September 2005
3. Venue of real actions, personal actions, actions against non-
residents
4. When the rules on venue do not apply
• Radiowealth Finance Co., Inc. v. Pineda, Jr., G.R. No. 227147, July 30, 2018

CAUSE OF ACTION, ACTIONS, AND PARTIES

I. Cause of Action (Rule 2)
1. Cause of action defined
● Heirs of Tomas Dolleton v. Fil- Estate Management, Inc., G.R. No. 170750, 7
April 2009
● Right of Action – Multi-Realty Development Corp., G.R. No. 146726, 16 June
2006
● Consular Area Residents Association, Inc. v. Casanova, G.R. No. 202618,
April 12, 2016
● Danfoss Inc. v. Continental Cement Corp., G.R. No. 143788, September 9,
2005
2. Failure to state cause of action vs. lack of cause of action
● Colmenar v. Colmenar, et al., G.R. No. 252467, 21 June 2021
● Sanico v. Colipano, G.R. No. 209969, September 27, 2017
3. Test of sufficiency of cause of action
● Misamis Occidental II Cooperative, Inc. v. David, G.R.
No. 129928, 25 August 2005
4. Splitting of a single cause of action and its effects
● Marilag v. Martinez G.R. No. 201892, 22 July 2015
● Yap v. First E-Bank Corporation, G.R. No. 169889, 29 September 2009
● Umale v. Canoga Park Development Corp., G.R. No. 167246, 20 July 2011
5. Joinder and misjoinder of causes of action
● Perez v. Hernano, G.R. No. 147417, 8 July 2005
● Pantranco North Express Inc. v. Standard Insurance Co. Inc. , G.R. No.
140746, March 16, 2005
● Danilo v. Pedro, G.R. No. 155736, 31 March 2005
● Santos Ventura Hocorma Foundation, Inc. v. Mabalacat Institute,
Inc., G.R. No. 211563, September 29, 2021
II. Actions
1. Civil actions and criminal actions
2. Actions distinguished from special proceedings
3. Real and personal actions
4. Kinds of Action
a) In Rem
b) In Personam
c) Quasi In Rem
Macasaet v. Co, Jr., G.R. No. 156759, June 5, 2013
III. Parties (Rule 3)
1. Who may be parties
• Gaffney v. Butler, G.R. No. 219408, November 8, 2017

2. Parties in Interest
• Evangelista v. Santiago, G.R. No. 157447, 29 April 2005
3. Representatives as parties
• V-Gent, Inc. v. Morning Star Travel & Tours, Inc., G.R. No. 186305, 22 July
2015
• Oposa v. Factoran, G.R. No. 101083, 30 July 1993
• Resident Marine Mammals of Tanon Strait v. Reyes G.R. No. 180771, 21
April 2015
4. Indispensable Parties
● In the Matter of the Heirship of the Late Hermogenes Rodriguez, G.R. No.
182645, 15 December 2010 (Resolution)
● Cerezo v. Tuazon, G.R. No. 141538, 23 March 2004
● Foster-Gallego v. Spouses Galang, G.R. No. 130228, July 27, 2004
5. Necessary Parties
● Caravan Travel and Tours International, Inc. v. Abejar, G.R. No. 170631,
February 10, 2016
6. Indigent Party
 ● Spouses Algura v. City of Naga, G.R. No. 150135, 30 October 2006
7. Nominal, Pro Forma Party
● Republic v. Sandiganbayan, G.R. Nos. 232724-27, February 15, 2021
8. Misjoinder and non-joinder of parties
● Divinagracia v. Parilla G.R. No. 196750, 11 March 2015
9. Effect of death of party litigant
● Spouses De la Cruz v. Joaquin, G.R. No. 162788, July 28, 2005
● San Juan v. Cruz G.R. No.167321, 31 July 2006
● Gaffney v. Butler G.R. No. 219408, 8 November 2017
● Uy v. Del Castillo, G.R. No. 223610, July 24, 2017

PLEADINGS AND MOTIONS

I. General Principles of Pleadings
1. Nature of pleadings
2. Necessity and purpose of pleadings
3. Construction of pleadings
4. Pleadings allowed by the Rules of Court (Bar 1996)
5. Pleadings allowed under the Rules on Expedited
6. Procedures in the First Level Courts
7. Pleadings in the Rule of Procedure for Small
8. Claims Cases
9. Pleadings not allowed in a petition for a Writ of Amparo or Habeas Data
10. Pleadings in the Rules of Procedure for
11. Environmental Cases
12. Nature of a pleading
II. Parts of Pleadings
a) Caption, Body, Signature and Address
b) Verification
● Bangko Sentral ng Pilipinas v. BF Homes, Inc., G.R. No. 228239, June 10,
2019
● Jorgenetics Swine Improvement Corp. v. Thick & Thin Agri- Products, Inc.,
G.R. Nos. 201044 & 222691, May 5, 2021
● Victory Liner, Inc. v. Malinias, G.R. No. 151170, May 29, 2007
c) Certification Against Forum Shopping
●Bangko Sentral ng Pilipinas v. BF Homes, Inc., G.R. No. 228239, June 10,
2019
●Tanyag v. Tanyag, G.R. No. 231319, November 10, 2021
●Victory Liner, Inc. v. Malinias, G.R. No. 151170, May 29, 2007
●Heirs of Gabriel v. Cebrero, G.R. No. 222737, November 12, 2018
●Cosco Philippines Shipping, Inc. v. Kemper Insurance Co., G.R. No. 179488,
April 23, 2012
d) Names of Witnesses, Summary of Testimonies, Judicial
Affidavits, Documentary and object evidence
● Lara’s Gifts and Decors, Inc. v. PNB General Insurers, Co., G.R. No. 230429,
24 January 2018
III. Allegation in Pleadings
1. Allegations of conditions precedent
2. Effect of failure to comply with a condition precedent
3. Pleading a judgment
4. Pleading an official document or act
5. Pleading capacity to sue or be sued
6. Pleading fraud, mistake or condition of the mind.
7. Pleading alternative causes of actions or defenses
8. Pleading actionable documents (Bar 1991;2004; 2005; 2017)
9. How to contest an actionable document; oath required (Bar 2010; 2017).
10. When an oath is not required (Bar 1987; 2017
IV. Filing and Service of Pleadings, Judgments and Other Papers in Civil Cases
Rules on Payment of Docket Fees; Effect of Non-Payment
• Manchester Development Corporation v. Court of Appeals, G.R. No. 75919,
7 May 1987
• Sun Insurance Office, Ltd. V. Asuncion, G.R Nos. 79937-38, February 13,
1989
• Intercontinental Broadcasting Corp. (IBC-13) v. Alonzo Legasto, G.R. No.
169108, April 18, 2006
 • Foronda-Crystal v. Son, G.R. No. 221815, November 29, 2017
2. Efficient Use of Paper Rule; E-filing (A.M. No. 10-3-7-SC and A.M. No. 11-9-4-
SC, as revised, approved on February 22, 2022)
V. Kinds of Pleadings
a) Complaint
ii. Actionable Document, Rule 8, Sec. 7; How to contest, Rule 8, Sec. 8
• Memita v. Masongsong, G.R. No. 150912, 28 May 2007
b) Answer
i. Actionable Document, Rule 8, Sec. 7
• Ridao v. Handmade Credit and Loans, Inc., G.R. No. 236920, February 3,
2021
ii. Defenses
❖ Negative Defenses
o Specific Denial, Rule 8, Sec. 10
• Go Tong Electrical Supply Co., Inc. v. BPI Family Savings Bank, Inc., G.R. No.
187487, June 29, 2015
o Specific Denial, Actionable Documents, Rule 8, Sec. 8; Reply, Rule 6, Sec. 10;
Rejoinder, Rule 6, Sec. 10
• Trans Industrial Utilities, Inc. v. Metropolitan Bank & Trust Co., G.R. No.
227095, January 18, 2021
• Ridao v. Handmade Credit and Loans, Inc., G.R. No. 236920, February 3,
2021
• Casent Realty Development Corp. v. Philbanking Corporation, G.R. No.
150731, 14 September 2007
o Allegations not specifically denied deemed admitted, Rule 8, Sec. 11
o Negative Pregnant
• Serrano Mahilum v. Spouses Ilano, G.R. No. 197923, June 22, 2015
❖ Affirmative Defenses
• Colmenar v. Colmenar, et al.,G.R. No. 252467, 21 June 2021
❖ Rule 9, Sec. 1 Defenses and objections not pleaded deemed waived;
exceptions
c. Effect of Failure to Plead (Rule 9)
a) Defenses and objections not pleaded deemed waived;
exceptions
b) Compulsory counterclaims or cross- claims not set up,
barred
c) Declaration of Default
i. Rule 11, Sec. 11 Extension of Time to File Answer
● Momarco Import Co., Inc. v. Villamena, G.R. No. 192477, July 27,
2016
● Crisologo-Jose v. Land Bank of the Phils., G.R. No. 167399, June 22,
2006
● Commissioner of Internal Revenue v. Third Division of the Court of
Tax Appeals, G.R. No. 238093, January 26, 2021
● Rodriguez v. Government of the United States of America, G.R. No.
251830, June 28, 2021
● Gajudo v. Traders Royal Bank, G.R. No. 151098, 21 March 2006
d. Counterclaim
e. Cross Claim
f. Third Party Complaint
g. Intervention
h. Reply
VI. Amended and Supplemental Pleadings (Rule 10)
• Alpha Plus International Enterprises Corp. v. Philippine Charter Insurance
Corp., G.R. No. 203756, February 10, 2021
• Marcos-Araneta v. Court of Appeals, G.R. No. 154096, August 22, 2008
• Biglang-awa v. Philippine Trust Company, G.R. No. 158998, March 28, 2008
• National Mines and Allied Workers Union v. Calderon-Bargas, G.R. No.
157232, December 10, 2007
• Limbauan v. Acosta, G.R. No. 148606, June 30, 2008
Sante v. Claravall, G.R. No. 173915, February 22, 2010
• Spouses Lambino v. Presiding Judge, RTC, Br. 172, Valenzuela City, G.R. No.
169551, January 24, 2007
• Ada v. Baylon, G.R. No. 182435, 13 August 2012
 VII. When to File Responsive Pleadings (Rule 11)
VIII. Motions in Civil Cases
1. In General
2. Non-litigious Motions
3. Litigious Motions
4. Prohibited Motions
SUMMONS (Rule 14)
1. Nature and Purpose of Summons in Relation to Actions In
Personam, In Rem, and Quasi In Rem
● Sabado v. Sabado, G.R. No. 214270, May 12, 2021
2. Who May Serve Summons
3. Validity of Summons and Issuance of Alias Summons
4. Personal Service
• Yap v. Lagtapon, G.R. No. 196347, January 23, 2017
5. Substituted Service
● Sarol v. Spouses Diao, G.R. No. 244129, December 9,
2020
● BDO Unibank, Inc. v. Spouses Chang, G.R. No. 250769, May 3, 2021
● EUCDI United Construction and Development, Inc. v. De Guzman, G.R. No.
196836, September 16, 2020
6. Constructive Service
7. Extraterritorial Service
• Perkin Elmer Singapore Pte Ltd. v. Dakila Trading Corp. G.R. No. 172242,
August 14, 2007
• Sarol v. Spouses Diao, G.R. No. 244129, December 9, 2020; Note, the
present Sec. 17 was formerly Sec 15 as discussed in this case
8. Proof of Service
• BDO Unibank, Inc. v. Spouses Chang, G.R. No. 250769,
May 3, 2021
PROCEEDINGS AFTER SERVICE OF SUMMONS AND DISMISSAL OF ACTIONS
I. Motion for Bill of Particulars (Rule 12)
II. Motion to Dismiss
III. Dismissal by the Plaintiff
IV. Dismissal of Actions (Rule 17)
1. With Prejudice vs. Without Prejudice
2. Dismissals Which Have an Effect of an Adjudication on the Merits

PRE-TRIAL and MODES of DISCOVERY

A. PRE-TRIAL (Rule 18)]
1. Nature and Purpose
● Dela Cruz v. Victa Realty & Development Corp., G.R. No. 218627, June
14, 2021
2. Appearance of Parties; Effects of Failure to Appear
• Dela Cruz v. Victa Realty & Development Corp., G.R. No. 218627, June
14, 2021
• Domingo v. Spouses Singson, G.R. Nos. 203287 & 207936, April 5, 2017
3. Pre-Trial Brief; Effect of Failure to File
• Dela Cruz v. Victa Realty & Development Corp., G.R. No. 218627, June
14, 2021
B. Modes of Discovery
1. Depositions (Rules 23 and 24, See People v. Sergio, G.R. No. 240053, October 9, 2019)
• Santamaria v. Cleary, G.R. Nos. 197122 &197161, June 15, 2016
• People v. Sergio, G.R. No. 240053, 9 October 2019
2. Interrogatories to Parties (Rule 25)
• Ng Meng Tam v. China Banking Corp., G.R. No. 214054 , August 5, 2015
• Spouses Afulugencia v. Metropolitan Bank and Trust Co., G.R. No. 185145,
February 5, 2014
3. Admission by Adverse Party (Rule 26)
• Duque v. Spouses Yu, G.R. No. 226130, February 19, 2018
• Lañada v. Court of Appeals, G.R. Nos. 102390 & 102404, February 1, 2002
● Castillo v. Torres-Aquino, G.R. No. 190034, November 20, 2017
C. Intervention (Rule 19)
● Pulgar v. RTC of Mauban, Quezon, Branch 64, G.R. No. 157583, September 10,
2014
 • Office of the Ombudsman v. Cerna, G.R. No. 195134, March 24, 2021
Subpoena (Rule 21)
Computation of Time (Rule 22)
● Rabe-Valeros v. Heirs of Marinas, G.R. No. 196148, October 2, 2019

I. Depositions (Rules 23-24)

a. Depositions pending action
b. Scope of the examination
c. Use of depositions pending action
d. Effect of substitution of parties
e. Depositions before action
f. Perpetuation of testimony before action
g. Depositions pending appeal
II. Interrogatories to Parties (Bar 2016) (Rule 25)
a) Purpose of interrogatories to parties (Bar 2012; 2016)
b) Distinguished from a bill of particulars.
c) Distinguished from written interrogatories in a deposition
d) Procedure (Bar 2016)
e) Effect of failure to serve written interrogatories
f) Deferment of compliance
g) Withdrawal of admission
III. Production or Inspection of Documents or Things (Rule 27)
● Air Philippines Corp. v. Pennswell, Inc., G.R. No. 172835, December 13, 2007

a) Purpose (Bar 2012)

b) Filing of a motion; order of the court
c) Privileged documents
IV. Physical and Mental Examination of Persons (Rule 28)
V. Refusal to Comply With Modes of Discovery (Rule 29)

TRIAL, DEMURRER TO EVIDENCE, AND JUDGEMENT

A. TRIAL
1. Schedule of Trial
2. Adjournments and Postponements
3. Requisites of Motion to Postpone Trial for Illness of Party or Counsel
4. Consolidation or Severance (Rule 31)
● Deutsche Bank AG v. Court of Appeals, G.R. No. 193065, February 27, 2012
B. Demurrer to Evidence
1. Grounds
Republic v. De Borja, G.R. No. 187448, January 9, 2017
GMA Network, Inc. v. Central CATV, Inc., G.R. No. 176694, July 18, 2014
2. Effect of Order Denying Demurrer to Evidence
• Republic v. De Borja, G.R. No. 187448, January 9, 2017
• Duque v. Spouses Yu, G.R. No. 226130, February 19, 2018
C. Judgement
D. Judgment on the Pleadings (Rule 34)
a) Grounds
● Comglasco Corp. v. Santos Car Check Center Corp., G.R. No. 202989,
March 25, 2015
● Fernando Medical Enterprises, Inc. v. Wesleyan University Phils., Inc., G.R.
No. 207970, 20 January 2016
● Iloilo Jar Corp. v. Comglasco Corp., G.R. No. 219509, January 18, 2017
● Sunbanun v. Go, G.R. No. 163280, 2 February 2010
b) Action on Motion for Judgment on the Pleadings
E. Summary Judgments (Rule 35)
Spouses Pascual v. First Consolidated Rural Bank (Bohol), Inc., G.R. No. 202597,
February 8, 2017
Asian Construction v. PCIB, G.R. No. 153827, 25 April 2006
Pepsi-Cola Products Philippines, Inc. v. Isabela Leaf Tobacco Co., Inc., G.R. No. 237840 , June 10, 2019
Aljem's Credit Investors Corp. v. Spouses Bautista, G.R. No. 215175, April 25, 2022
a) Effect of Order Denying a Motion for Summary Judgment
F. Rendition and Entry of Judgments and Final Orders (Rule 36)
POST JUDGMENT REMEDIES
1. Motion for New Trial or Reconsideration (Rule 37)
● Dinglasan, Jr. v. Court of Appeals, G.R. No. 145420, September 19, 2006
● Marikina Valley Development Corp. v. Flojo, G.R. No. 110801, December
8, 1995
● Carreon v. Aguillon, G.R. No. 240108 , June 29, 2020
● Valdez v. Sundiang, G.R. No. 248786, October 14, 2020
a) Remedy Against Denial
b) Fresh-Period Rule
2. Appeals
● Custodio v. Court of Appeals, G.R. NO. 116100, 9 February 1996
a) Nature of Right to Appeal
b) Judgments and Final Orders Subject to Appeal
c) Matters Not Appealable; Available Remedies
d) Doctrine of Finality/Immutability of Judgment
e) Modes of Appeal (Period, Perfection, Issues to be Raised)
(1) Appeal from Municipal Trial Courts to Regional Trial
Courts (Rule 40)
● Encarnacion v. Amigo, G.R. No. 169793, 15 September 2006
● Canlas v. Tubil G.R. No. 184285, 25 September 2009
(2) Appeal from the Regional Trial Courts (Rule 41)
● Philippine Bank of Communications v. Court of Appeals, G.R. No.
218901, February 15, 2017
(3) Petition for Review form the Regional Trial Court to
the Court of Appeals (Rule 42)
(4) Appeals from the Court of Tax Appeals, Civil Service
Commission, and Quasi-Judicial Agencies (Rule 43)
• Erice v. Sison, A.M. No. RTJ-15- 2407, November 22, 2017
• Gatchalian v. Office of the Ombudsman, G.R. No. 229288 , August
1, 2018
• St. Martin Funeral Home v. NLRC, G.R. No. 130866, September 16,
1998
• Alcaraz v. Gonzales, G.R. No. 164715, 20 September 2006
• Global Medical Center of Laguna, Inc. v. Ross Systems
International, Inc., G.R. No. 230112 and 230119, 11 May 2021
(5) Appeals by Certiorari to the Supreme Court (Rule 45)
● Mackay v. Angeles, G.R. No. 144230, September 30, 2003
● City of Manila v. Grecia-Cuerdo, G.R. No. 175723, February 4, 2014
● Asian Terminals, Inc. v. Simon Enterprises, Inc., G.R. No. 177116,
February 27, 2013
● Global Medical Center of Laguna, Inc. v. Ross Systems
International, Inc., G.R. No. 230112 and 230119, 11 May 2021
(6) Review of Judgments or Final Orders of the Commission on
Audit and Commission on Elections (Rule 64)
(7) Dismissal, Reinstatement, and Withdrawal of Appeal
3. Petition for Relief from Judgment (Rule 38)
● Madarang v. Spouses Morales, G.R. No. 199283, June 9, 2014
● Purcon v. MRM Philippines, G.R. No. 182718, 26 September 2008
● Valencia v. Court of Appeals, G.R. No. 119118, February 19, 2001
● Gomez v. Montalban, G.R. No. 174414, 14 March 2008
● Santos v. Santos, G.R. No. 214593, July 17, 2019
4. Annulment of Judgment (Rule 47)
● Republic v. De Castro, G.R. No. 189724, 7 February 2011
● Spouses Flores v. Spouses Estrellado, G.R. No. 251669, December 7,
2021
● Spouses Alvarez v. Court of Appeals (Former 12th Division), G.R. No.
192472, June 3, 2019
● Ancheta v. Cambay, G.R. No. 204272, January 18, 2021
● Llamas v. Court of Appeals, G.R. No. 149588, September 29, 2009
5. Collateral Attack on Judgments
● Pacasum, Sr. v. Zamoranos, G.R. No.193719, March 21, 2017
U. Execution, Satisfaction, and Effect of Judgments (Rule 39)
● Heirs of Casiño, Sr. v. Development Bank of the Philippines, Malaybalay Branch,
Bukidnon, G.R. Nos. 204052-53, March 11, 2020
● Centennial Guarantee Assurance Corp. v. Universal Motors Corp., G.R. No.
189358, October 8, 2014
● Office of the Court Administrator v. Corpuz, A.M. No. P-00-1418, September 24,
2003
● Villareal, Jr. v. Metropolitan Waterworks and Sewerage System,
G.R. No. 232202, February 28, 2018
● Perez v. Manotok Realty, Inc., G.R. No. 216157, October 14, 2019
● Villeza v. German Management and Services, Inc., G.R. No. 182937, August 9,
2010
● Infante v. Aran Builders, G.R. No. 156596, 24 August 2007