Civil Procedure Syllabus 2022

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
b. Appellate jurisdiction
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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

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)

IV. Cause of Action (Rule 2)

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

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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

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

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
f. Complaint-in-intervention
g. Reply

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

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a. MCLE compliance

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

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

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

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

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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

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

XIV. Motion for Bill of Particulars (Rule 12)

1. Purpose and when applied for

2. Effect of non-compliance
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)

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

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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

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

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

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----MIDTERMS----

XXIII. Motion for reconsideration and new trial (Rule 37)

1. Common rules
2. Motion for reconsideration
a. Grounds
b. Requirements
c. Second motion for reconsideration is not allowed
d. Neypes doctrine
3. Motion for new trial
a. Ground
b. Motion for reconsideration v. motion for new trial

XXIV. Appeal (Rule 40 to 45, 48 to 56)

1. Judgment and final orders subject to appeal

2. Matters that are not appealable
3. Modes of appeal
a. Ordinary appeal
b. Petition for review
c. Appeal by certiorari
4. Petition for review on certiorari v. petition for certiorari
5. Issues to be raised on appeal
6. Period of appeal
7. Perfection of appeal
a. Notice of appeal
b. Record of appeal
8. Participation of the Solicitor General on appeal
9. Appeals from the MTC, MeTC, MCTC and MTCC
10. Appeals from the RTC
11. Appeals from the CA
12. Appeals from the Sandiganbayan
13. Appeals from the Ombudsman
14. Appeals from the COA, COMELEC and CSC
a. Differently treatment of appeals from the CSC
15. Appeals from quasi-judicial agencies
16. Harmless Error Rule

XXV. Remedies after finality of judgment (Rule 38 and 47)

1. Petition for relief of judgment

a. Grounds
b. When to file
2. Annulment of judgment, final order or resolution
a. Jurisdiction
b. Grounds
c. When to file
d. Laches
e. Effect of annulment of judgment
3. Collateral attack of judgments

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XXVI. Execution, satisfaction and effect of judgments (Rule 39)

1. Legal remedy for the enforcement of a judgment

2. Kinds of execution
a. Discretionary
b. Mandatory, or as a right
3. When writ of execution may be quashed
4. Other grounds to quash writ of execution
5. Execution of final judgments and orders
a. How is a judgment executed
b. Execution by motion or independent action
c. Execution of judgments for money
d. Execution of judgments for specific acts
e. Execution of special judgments
6. Levy v. Garnishment
a. Effect of levy on third persons
b. Attachment v. levy
7. Properties exempt from execution
8. Rules in Redemption
9. Examination of a judgment obligor
10. Effect of judgment or final orders (Section 47)
11. Enforcement and effect of foreign judgment or final orders (Section 48)

XXVII. Provisional Remedies (Rule 57 to 61)

1. Preliminary attachment
a. Grounds
b. Requisites for issuance
c. Order of attachment
d. Bond
e. Contemporaneous service of summons
f. Discharge and counter-bond
2. Preliminary injunction
a. Requisites
b. Preliminary injunction v. temporary restraining order
c. Preliminary injunction v. status quo ante order
d. Grounds for issuance and objections to injunction
e. Duration of TRO
3. Receivership
a. Requisites
b. Cases when receivership may be granted
c. General powers of receiver
d. Two kinds of bonds
e. Termination of receivership
4. Replevin
a. When writ may be issued
b. Requisites
c. Affidavit and bond
5. Support pendente lite
a. Purpose
b. Grounds
c. Requisites

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XXVIII. Rules on Summary Procedure

1. Cases covered by the rules

2. Effect of failure to file an answer
3. Preliminary conference

XXIX. Rules of Procedure for Small Claims Cases

1. Scope and applicability
2. Commencement of small claims
3. Prohibited pleadings and motions
4. Appearances
5. Duty of a judge
6. Finality of judgment
7. A.M. No. 08-8-7-SC, July 10, 2018
8. Small claims v. Summary Procedure

XXX. Katarungan Pambarangay Law (KBL)

1. Purpose
2. Conditions for application of the law
3. Subject matter jurisdiction
4. Exclusion from KBL
5. Venue for filing of complaint
6. Procedure for settling disputes
7. Arbitration
8. Repudiation of agreement
9. Enforcement of settlement or award
10. Sanctions for non-compliance
11. Failure to settle or arbitrate

XXXI. Judicial Affidavit Rule

1. Purpose
2. When applicable
3. Subpoena
4. Effects on complaint and pre-trial

XXXII. Interpleader

XXXIII. Declaratory Relief

XXXIV. Review of Judgments of COMELEC and COA

XXXV. Certiorari, Prohibition and Mandamus

XXXVI. Quo Warranto

XXXVII. Expropriation

XXXVIII. Judicial Foreclosure

XXXIX. Partition

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XL. Forcible Entry and Unlawful Detainer

XLI. Contempt

----FINALS----

Recommended Book: Civil Procedure I by Dean Ferdinand Tan

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