CIVIL PROCEDURE I

I. General Principles
A. Substantive Law vs. Remedial Law
● In the Matter to Declare in Contempt of Court Hon. Simeon
Datumanong, G.R. No. 150274, 4 August 2006
● Colmenar v. Colmenar, G.R. No. 252467, 21 June 2021
B. Rule-Making Power of the Supreme Court
● Labao v. Flores, G.R. No. 187984, 15 November 2010
C. Principle of Judicial Hierarchy
D. Doctrine of Non-Interference/Judicial Stability

II. Jurisdiction
A. Classification of Jurisdiction
1. Original vs. Appellate
2. General vs. Special
3. Exclusive vs. Concurrent
B. Doctrines of Hierarchy of Courts and Adherence of
Jurisdiction
● Gios-Samar, Inc. v. DOTC, G.R. No. 217158, 12 March
2019
C. Jurisdiction of Various Philippine Courts and Tribunals
1. Supreme Court
2. Court of Appeals
3. Court of Tax Appeals
4. Sandiganbayan
5. Regional Trial Courts
SRC – RA 8799 2. Sec. 2, PD 1529
● Heirs of Dolleton v. Fil- Estate Management, Inc.,
G.R. No. 170750, April 7, 2009
6. Family Courts
● Thornton v. Thornton, G.R.
No. 154598, 16 August 2004
7. 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)

D. Aspects of Jurisdiction
1. Jurisdiction Over the Subject Matter
Conferred by law; determined by the allegations in the
complaint
• 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
2. Jurisdiction Over the Parties
• Palmiano-Salvador v. Angeles, G.R. No. 171219, 3
September 2012
3. Jurisdiction Over the Issues
● Denila v. Republic, G.R. No. 206077, July 15, 2020
4. Jurisdiction Over the Res or the Property in Litigation
● De Joya v. Marquez, G.R. No. 162416, 31 January 2006
E. Jurisdiction vs. Exercise of Jurisdiction
F. Jurisdiction vs. Venue
G. Jurisdiction Over Cases Covered by Barangay Conciliation,
and Cases Covered by the Rules on Expedited Procedures in the
First Level Courts (Administrative Matter (A.M.) No. 08-8-7-SC, as
amended, approved on March 1, 2022)

III. Civil Procedure (A.M. No. 19-10-20-SC)

A. General Provisions (Rule 1)
B. Kinds of Action
1. In Rem
2. In Personam
3. Quasi In Rem
● Macasaet v. Co, Jr., G.R. No. 156759, June 5, 2013
C. 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
● MisamisOccidental 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

D. Parties to Civil Actions (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

E. 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
F. Pleadings
1. Kinds (Rule 6)
a) Complaint
i. 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
2. Parts of a Pleading (Rule 7)
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
3. Manner of Making Allegations (Rule 8)
a) In General
b) Action or Defense Based on Document
c) Specific Denial
d) Affirmative Defenses
4. 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
5. 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
6. When to File Responsive Pleadings (Rule 11)
G. Filing and Service (Rule 13)
1. 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)

H. 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
I. Motions (Rule 15)
1. In General
2. Non-litigious Motions
3. Litigious Motions
4. Prohibited Motions
5. Motion for Bill of Particulars (Rule 12)
J. Dismissal of Actions (Rule 17)
1. With Prejudice vs. Without Prejudice
2. Dismissals Which Have an Effect of an Adjudication on the
Merits
K. 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
L. 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
M. Subpoena (Rule 21)
N. Computation of Time (Rule 22)
● Rabe-Valeros v. Heirs of Marinas, G.R. No. 196148, October
2, 2019
O. 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
4. Production or Inspection of Documents or Things (Rule 27)
• Air Philippines Corp. v. Pennswell, Inc., G.R. No. 172835,
December 13, 2007
5. Physical and Mental Examination of Persons (Rule 28)
6. Refusal to Comply With Modes of Discovery (Rule 29)
● Castillo v. Torres-Aquino, G.R. No. 190034, November 20,
2017
P. Trial (Rule 30)
1. Schedule of Trial
2. Adjournments and Postponements
3. Requisites of Motion to Postpone Trial for Illness of Party or
Counsel
Q. Consolidation or Severance (Rule 31)
● Deutsche Bank AG v. Court of Appeals, G.R. No. 193065,
February 27, 2012
R. Demurrer to Evidence (Rule 33)
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
S. Judgments and Final Orders
1. Judgments 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
2. 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
3. Rendition and Entry of Judgments and Final Orders (Rule 36)

T. 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