Professional Documents
Culture Documents
COLLEGE OF LAW
Diliman, Quezon City
[CIVIL PROCEDURE]
PROF. THEODORE O. TE
2nd Semester, AY 2008-2009
COURSE OUTLINE
Preliminary Readings:
______________________________________________________________________________
Note: The following will not be discussed separately but will be integral to the course. Before
starting on Part One, each student is expected to have, at least, read the foregoing and taken
note of the salient points embodied in each issuance.
Study Guide: Take note of the different matters over which each court has jurisdiction; know the
difference between exclusive original jurisdiction and exclusive appellate jurisdiction as well as
concurrent jurisdiction.
Output: Draft an Integrated Outline of the rules on jurisdiction in civil cases starting from courts
of the first level to the Supreme Court, taking into account various cases involving original and
exclusive jurisdiction as well as those with concurrent jurisdiction.
* Republic Act No. 7691 (1994) amending Batas Pambansa Blg. 129 (1980);
* SC Administrative Circular 09-94;
* Interim Rules Relative to Implementation of BP 129 (SC Resolution
dated January 11, 1983);
* 1991 Revised Rule on Summary Procedure, Section 1, Part A (1991);
* Const. (1987), art. VIII, sec. 5(5);
* Interim Rules of Procedure on Corporate Rehabilitation (2000);
* Interim Rules of Procedure Governing Intra-Corporate Controversies
under RA No. 8799;
*Republic Act No. 8799;
Page 4 of 34
1. GETTING STARTED
(Definitions, Actions, Causes of Actions,
Jurisdiction, Parties, Venue)
Study Guide: [1] Compare the various jurisdictions; [2] Determine the essential allegations
required in any civil action for purposes of jurisdiction; [3] Know the components of a cause of
action, the difference between the various types of actions and parties; [4] Know the difference
between venue and jurisdiction; [5] Be able to formulate a Theory of the Case.
Output: (1) Draft a Checklist of the various rules on actions, venue, jurisdiction, parties and
cause of action contained in Rules 1-4. (2) Based on a fact pattern to be given, develop and
formulate a Theory of the Case.
Rules 1, 5;
1991 Revised Rule on Summary Procedure for Metropolitan Trial Courts,
Municipal Trial Courts in Cities, Municipal Trial Courts and Municipal
Circuit Trial Courts;
Const., art. VIII, sec. 5(5); cf. Rule 135, section 6;
Echegaray v. Secretary of Justice, G.R. No. 132601, Resolution dated
January 19, 1999 (reserve section);
Alonzo v. Villamor, 16 Phil. 315 (1910);
BP 129, sec. 9;
RA 7902;
Rule 2;
Ballatan v. CA, 304 SCRA 34 (1999);
Solid Homes Inc. v. CA, 271 SCRA 157 (1997);
Virata v. Sandiganbayan, 272 SCRA 661 (1997);
Joseph v. Bautista, 170 SCRA 540 (1989);
City of Bacolod v. SM Brewery, 29 SCRA 819 (1969);
Bayang v. CA, 148 SCRA 91 (1987);
Cuevas v. Pineda, 143 SCRA 674 (1986);
Ruiz v. CA, 303 SCRA 637 (1999); Page 6 of 34
Rule 3;
Family Code, Arts. 96, 111, 145 [on spouses];
Rule 87, sec. 1 [on executors/administrators]
Cf. Ruiz v. CA, 303 SCRA 637 (1999);
Fajardo v. Freedom to Build Inc., 347 SCRA 474 (2000);
Gonzales v. Narvasa, 337 SCRA 733 (2000);
State Investment Homes Inc. v. CA, 318 SCRA 47 (1999);
Kilosbayan v. Morato, 250 SCRA 130 (1995);
Oposa v. Factoran, 224 SCRA 792 (1993);
Filipinas Industrial Corporation v. San Diego, 23 SCRA
706 (1968);
Aranico-Rabino v. Aquino, 80 SCRA 254 (1977);
Laperal Development Corporation v. CA, 223 SCRA 261
(1993);
Barfel Development Corporation v. CA, 223 SCRA 268
(1993);
Mathay v. Consolidated Bank, 58 SCRA 559 (1974);
Veterans Manpower and Protective Services v. CA, 214
SCRA 286 (1992);
Nery v. Leyson, 339 SCRA 232 (2000);
Cf. Agro Conglomerate Inc. v. CA, 345
SCRA 450 (2000);
Ortigas & Co. Ltd. v. CA, 346 SCRA 748 (2000);
Dar v. Alonzo-Legasto, 339 SCRA 306 (2000);
SBMA v. Universal International Group of Taiwan, 340
SCRA 359 (2000);
Sps. Algura v. LGU, G.R. No. 150135, Oct 30, 2006;
Cabutihan v. Landcenter, 383 SCRA 353;
Rule 4;
Diaz v. Adiong, 219 SCRA 631 (1993);
Spouses Lantin v. Judge Lantion, GR No. 160053, August
28, 2006;
Page 7 of 34
______________________________________________________________________________
Study Guide: (1) Know the various types of pleadings, compare their requirements and essential
allegations; (2) Know the different periods within which to file the various pleadings; (3) Determine
the difference between specific types of pleadings, e.g., counterclaim vs. crossclaim, third-party
complaints vs. interventions, (4) Know the formal requirements for the various pleadings.
Output: (1) Draft an INTEGRATED OUTLINE of the various technical requirements for each
pleading or motion allowed by the Rules. (2) Based on a fact pattern to be given, draft the
appropriate pleadings and motions pursuant to the Theory of the Case developed in Part 1.
A. Pleadings
Rule 7, sec. 5;
Digital Microwave Corporation v. CA, 336
SCRA 419 (2000);
Clark Dev v. Mondragon, March 2, 2007;
Kaunlaran v. Uy GR 154974, Feb 4, 2008;
Ateneo de Naga v. Manalo, 458 SCRA 325;
Rule 8;
Gerales v. CA, 218 SCRA 638 (1993);
a. Complaints
Rule 6, sec. 3;
Cf. Tantuico v. Republic,
204 SCRA 428 (1991);
Rule 8, secs. 1, 4, 7;;
Cf. Metrobank v. Quilts, 222
SCRA 486 (1993);
Mathay v. Consolidated
Bank, 58 SCRA 559 (1974);
b. Amended and Supplemental Complaints Page 8 of 34
Rule 10;
Rule 11, secs. 3, 7;
Josephine Ng v. Sps. Marcelo and Marie Fe
Soco, G.R. No. 149132, May 9, 2002;
Remington Industrial Sales Corporation v.
CA, G.R. No. 133657, May 29, 2002;
Siasoco v. CA, 303 SCRA 186 (1999);
Metropolitan Bank v. Presiding Judge, 189
SCRA 820 (1990);
O Laco v. Co Cho Chit, 220 SCRA 656
(1993);
PHILBANK v. IAC, 187 SCRA 257 (1990);
PNB v. Florendo, 206 SCRA 582 (1992);
Shoemart v. CA, 190 SCRA 189 (1990);
c. Counterclaim
Rule 6, secs. 4, 6, 7, 9;
Cf. BA Finance v. Co, 224
SCRA 163 (1993);
Reyes v. CA, 38 SCRA 138
(1971);
Maceda v. CA, 176 SCRA
440 (1989);
Rule 11, secs. 4, 8, 9, 10;
Cf. Rule 111, sec. 1;
Rule 119, sec. 3;
Page 9 of 34
Shafer v. RTC Judge, 167 SCRA 386 (1988);
Javier v. IAC, 171 SCRA 605
(1989);
Rule 9, sec. 2;
Cf. Meliton v. CA, 216
SCRA 485 (1992);
Lim Tanhu v. Ramolete, 66
SCRA 425 (1975);
Visayan Packing v.
Reparations, 155 SCRA 542
(1987);
Rule 11, sec. 10;
c. Crossclaim
Rule 6, secs. 8, 9;
Rule 9, sec. 2;
Rule 11, secs. 4, 8, 9, 10;
a. Answers
b. Reply
c. Rejoinder
Rule 15;
Provident International Resources Co. v. CA, 259 SCRA
510 (1996);
Orosa v. CA, 261 SCRA 376 (1996);
KKK Foundation Inc. v. Hon. Bargas, et al GR 163785 Dec Page 10 of 34
27, 2007;
Rule 12;
Tantuico v. Republic, 204 SCRA 428 (1991);
Virata v. Sandiganbayan, 221 SCRA 53 (1993);
Republic v. SB and Marcos, GR 148154, Dec 17, 2007;
(3) Intervention
Rule 19;
Metropolitan Bank v. Presiding Judge, 189 SCRA 820
(1990);
CariZo v. Ofilada, 217 SCRA 206 (1993);
Mago v. CA, 303 SCRA 600 (1999);
SJS v. Hon. Atienza, G.R. No. 156052, Feb. 13, 2008;
C. Objections to pleadings
Rule 2, sec. 6;
(1) Default
Rule 9;
Lim Tanhu v. Ramolete, 66 SCRA 425 (1975);
Dulos v. CA, 188 SCRA 413 (1990);
Crisologo v. Globe, GR 167631, Dec 16, 2005;
Gajudo v. Traders Royal Bank, GR 151098, March 21, 2006;
(2) Dismissals
Rule 17;
Rule 18, sec. 6 vis sec. 5;
D. Formal requirements
(1) Generally
Rules 7, 22;
SC Circ. No. 28-91;
SC Circ. No. 04-94;
(2) Service
Rule 13;
Study Guide: (1) Compare the various modes by which an action may be dismissed; (2) Know
the grounds for each mode; (3) Know the effects of the dismissal of an action;
Output: Draft an INTEGRATED OUTLINE of the various rules on dismissals and means of
terminating a case before or without trial.
A. Dismissal of Actions
B. Motion to Dismiss
(2) Grounds
(4) Effects
Rule 34;
Tropical Homes v. CA, 272 SCRA 428 (1997);
D. Summary Judgments
Rule 35;
Army and Navy Club v. CA, 271 SCRA 36 (1997);
Sps. Camilo Go v. CA, 252 SCRA 564 (1996);
Paz v. CA, 181 SCRA 26 (1990);
Bell Carpets International Trading Co. v. CA, 185 SCRA 35 (1990);
Guevarra v. CA, 124 297 (1983);
E. Demurrer to Evidence
Rule 33;
Syiangco v. Costibolo, 27 SCRA 272 (1969);
Page 14 of 34
F. Compromise Agreements/Judgments on Compromise
4. EN GARDE
(Filing and/or Service of Pleadings, Judgments,
Other Papers and Issuance and Service of Summons)
Study Guide: (1) Know the various modes of service of pleadings, judgments and summons; (2)
Compare the various modes of service;
Output: (1) Draft a CHECKLIST embodying the various rules on service. (2) Carry out the
actual service of the pleadings and motions drafted under Parts 2 and 3.
Rule 13;
(1) Generally
a. Generally
c. Associations
d. Corporations
Rule 14, secs. 11, 12, 13; Page 15 of 34
Rebollido v. CA, 170 SCRA 800 (1989);
Summa Trading v. AvendaZo, 146 SCRA
197 (1986);
BPI v. Spouses Santiago Mar 28, 2007;
f. Prisoners
g. Unknown defendant
i. Non-resident
a. Personal
b. Substituted
c. Extraterritorial service
Study Guide: (1) Know the reasons for and the various incidents covered by pre-trial; (2) Know
the effects of failure to appear during pre-trial; (3) Know the various remedies available during
pre-trial;
Output: (1) Draft a CHECKLIST of the requirements for pre-trial and the consequences of pre-
trial. (2) Based on the pleadings and other submissions drafted and served, draft a Pre-Trial
Brief according to the requirements provided and prepare for Pre-trial as directed under the
Rules of Court.
A. Pre-trial
(4) Procedure
(5) Consequences
B. Calendar
Rule 20;
C. Subpoena
Rule 21;
Study Guide: (1) Know the various modes of discovery prescribed under the Rules and the
requirements for each; (2) Compare the efficacy of each mode; (3) Know the consequences of
availing of each mode;
7. SO SUE ME!
(Trial)
Study Guide: (1) Know the various stages and order of trial; (2) Compare the various modes of
trial prescribed;
Output: (1) Prepare a Trial Plan (based on the Theory first developed and according to a
format to be provided). (2) Prepare to present a witness on direct examination according to
the trial Plan.
A. Trial
Rule 30;
cf. OCA Circular 39-98 (August 19, 1998);
Rule 132, secs. 1, 2, 4-10, Rule 141, as amended;
Municipality of BiZan v. Garcia, 180 SCRA 576 (1989);
B. Trial by Commissioner
Rule 32;
Manotok Realty v. CLT Realty GR 123346 Dec 14, 2007;
C. Consolidation or Severance
8. THE VERDICT
(Judgments)
Study Guide: (1) Know the various types of judgments and their legal effects and
consequences; (2) Know the modes for modifying or amending a judgment, short of appeal or
review.
Output: Prepare an INTEGRATED OUTLINE embodying the various rules on judgments and
their consequences.
Page 19 of 34
Reglementary Period: One week from assignment.
A. Form
(1) As to parties
(2) As to finality
Rule 36, secs. 1 (Cf. Rule 40, sec. 2, Rule 41, sec. 3, Rule 42,
sec. 1), 2 (See also Rule 38, sec. 3, Rule 39, sec. 6);
Rule 39, secs. 44 and 45;
Rule 34;
Rule 33;
C. Summary judgments
D. Default judgments
F. Compromise Judgment
G. Orders of dismissal
(4) As to claims
Rule 36, sec. 5 (Cf. Rile 31, sec. 2, Rule 41, sec. 1(g);
D. AMENDMENTS OF JUDGMENT
Study Guide: (1) Know the various modes of appeal and review, the requirements for each and
the corresponding courts with jurisdiction over the same; (2) Compare the efficacy of each mode
of appeal or review depending on the type of order or judgment sought to be corrected or
annulled.
Output: Draft an INTEGRATED OUTLINE embodying the various technical requirements for
appeals and other remedies from an adverse judgment.
Rule 38;
Rule 41, sec. 1(b)
Sps. Mesina v. Meer, G.R. No. 146845, July 2, 2002;
Garcia v. CA, 202 SCRA 228 (1991);
Conde v. IAC, 144 SCRA 144 (1986);
Meralco v. CA, 187 SCRA 200 (1990);
Villa Rey Transit Inc. v. Far East Motor Co., 81 SCRA 298
(1978);
David v. CA, 214 SCRA 644 (1992);
First Integrated Bonding v. Hernando, 199 SCRA 796
(1991);
Service Specialists v. Sheriff of Manila, 145 SCRA 139
(1986);
Cheesman v. IAC, 193 SCRA 93 (1991);
Ramirez v. CA, 187 SCRA 153 (1990);
Alvendia v. IAC, 181 SCRA 252 (1990);
(1) Generally
BP 129; Page 23 of 34
Rules 40-43, 45;
Const. (1987), art. VIII, sec. 5;
Rule 45;
Rule 65;
Const. (1987), art. VIII, secs. 2, 5;
MWSS v. CA, 143 SCRA 623 (19_);
Batongbakal v. CA, 218 SCRA 482 (1993);
Villareal v. CA, 219 SCRA 293 (1993);
St. Martin Funeral Home v. NLRC, 295 SCRA 494 (1998);
Madrigal Transport v. Lapanday Holdings cited in People
v. Judge Laguio & Lawrence Wang Mar 16, 2007;
i. Interlocutory orders
Cf. Newsweek v. IAC, 142 SCRA 171
(1986);
ii. Order granting Petition for Relief from judgment
Cf. Cheesman v. IAC, 193 SCRA 93 (1991);
iii. Order based upon a compromise
iv. Order to execute a final judgment Page 24 of 34
Cf. GSIS v. CA, 218 SCRA 233 (1993);
v. Partial summary judgment
Cf. Guevarra v. CA, 124 SCRA 297 (1983);
(8) Periods
(a) RTC:
Rule 40;
BP 129, sec. 39;
Rules on Summary Procedure, sec. 19(c);
(b) CA;
(c) SC;
(a) CA;
Rule 41;
BP 129, sec. 39; Page 25 of 34
(b) SC;
Rule 45;
(a) CA;
Rule 43;
RA 5434;
(b) SC;
RA 5434;
i. CA
a. Ordinary cases
Rule 44;
RA 7902;
Rules 46, 47;
c. Common provisions
ii. SC
Rule 56;
Study Guide: Know the effects of a final judgment and the manner by which a final and
executory judgment can be enforced.
Output: Draft a CHECKLIST of the requirements for enforcement of a final and executory
judgment in Rule 39.
[a] Form
[b] Periods
E. PROCEDURE
[1] Return
[4] Adjournment
[5] Conveyance
[6] Redemption
G. RECEIVERS
[1] Appointment
Study Guide: (1) Know the nature of provisional remedies and special civil actions; (2)
Distinguish between provisional remedies and special civil actions and ordinary civil actions; (3)
Know the requirements and grounds for each provisional remedy or special civil action;
Output: Draft a CHECKLIST of the requirements of the various provisional remedies and special
civil actions provided.
A. Provisional Remedies
Rule 57;
Civil Code, Art. 1387;
OZate v. Abrogar, 230 SCRA 181 (1995); cf. Sievert v. CA,
168 SCRA 692 (1988)
K.O. Glass Construction v. Valenzuela, 116 SCRA 563
(1982);
Perla Compania de Seguros v. Ramolete, 203 SCRA 487 Page 31 of 34
(1991);
Peroxide Philippines Co. v. CA, 199 SCRA 882 (1991);
Consolidated Bank and Trust Company v. CA, 197 SCRA
663 (1991);
Towers Assurance Co. v. Ororama Supermart, 80 SCRA
262 (1977);
Santos v. CA, 95 Phil. 360 (1954);
Silangan Textile v. Judge, Mar 12, 2007;
Rule 58;
Bataclan v. CA, 175 SCRA 764 (1989);
Bacolod-Murcia Milling v. Capitol, 17 SCRA 731 (1966);
Merville Park Homeowners Association Inc. v. Velez,.
196 SCRA 189 (1991);
Gilchrist v. Cuddy, 29 Phil. 542 (1915);
SSC v. Bayona, 5 SCRA 126 (1962);
SJS v. Hon Atienza, GR 156052 Feb 13, 2008;
(4) Receivership
Rule 59;
Commodities Storage v. CA, 274 SCRA 439 (1997);
(5) Replevin
Rule 60;
Rule 61;
Ramos v. CA, 45 SCRA 604 (1972);
(1) Interpleader
Rule 62;
Rule 63;
Rule 65;
Philgreen Trading Construction Corporation v. CA, 271
SCRA 719 (1997);
Chua v. CA, 271 SCRA 546 (1997);
GMCR v. Bell Telecommunications, 271 SCRA 790 (1994);
Rule 66;
Torayno v. COMELEC, 337 SCRA 574 (2000);
Mendoza v. Allas, 302 SCRA 623 (1999);
(6) Expropriation
Rule 67;
Rule 68;
(8) Partition
Rule 69;
Rule 70;
Palattao v. CA, G.R. No. 131726, May 7, 2002;
(10) Contempt
Rule 71; cf. OCA Circular No. 39-98 (August 19, 1998)
Regalado v. Go GR 167988 Feb 6, 2007;
A.M. No. 07-09-13-SC, In the Matter of the Allegations
Contained in the Columns of Mr. Amado P. Macasaet
Published in Malaya Dated September 18, 19, 20 and 21,
2007, August 8, 2008 Page 33 of 34
Yes, we can.
- Barack Obama, Chicago
November 2008).