Download Civil Procedure Syllabus 2021-2022

SAN BEDA UNIVERSITY
College of Law
COURSE SYLLABUS
COURSE CODE:
COURSE TITLE:
CIVIL PROCEDURE
COURSE CREDIT:
5 UNITS
COURSE PREREQUISITE/S:
FACULTY:
EMAIL ADDRESS:
TERM/ACADEMIC YEAR:
FIRST SEMESTER SCHOOL YEAR 2021-2022
DAY/TIME/ROOM/SECTION:
COURSE DELIVERY MODE:
FULL ONLINE
CONSULTATION DAY/TIME:
COURSE DESCRIPTION:
A detailed evaluation of the law on civil procedure as amended by A.M. No. 19-1020-SC otherwise known as the Revised Rules on Civil Procedure, including
pertinent special laws, administrative circulars, and Supreme Court decisions.
COURSE GOALS: Expected College of Law Graduate Attributes (ELGAs)
Know and understand the laws, memorize provisions critical and analytical
thinking, effective in written and oral communication, logical reasoning, and sound
judgment, exercise of proper professional and ethical responsibilities
LEARNING OBJECTIVES/OUTCOMES (LOs):
1.
2.
3.
4.
5.
6.
Knowledge/Remembering: define, list, recognize
Comprehension/Understanding: describe, explain, identify, recognize
Application/Applying: choose, demonstrate, implement, perform
Analysis/Analyzing: analyze, categorize, compare, differentiate
Evaluation/Evaluating: assess, critique, evaluate, rank, rate
Synthesis/Creating: construct, design, formulate, organize, synthesize
Upon completion of the Course Title course, the student is expected to be able to:
Expected College of
Law Graduate
Attributes (ELGAs)
Critical and analytical
thinking
Effective in written and
oral communication
Logical reasoning
Sound judgment
Exercise of proper
professional and ethical
responsibilities
LEARNING OUTCOMES (LOs)
LO1. Exhibit a clear and in-depth understanding of remedial law, and
civil procedure in particular, in preparation for the bar examination and
practice of legal profession
LO2. Analyze the practical and policy implications of current and
proposed statutes, regulations, judicial rulings, legal arguments, and
strategies in preparing for a legal case
LO3. Assess client concerns and translating them into responsive legal
arguments and strategies.
ASSESSMENT/GRADING SYSTEM:
1
The student will be graded according to the following:
Requirements (Based on the Learning Outcomes)
LO1
LO2
LO3
Scope of Work
(Individual)
Class recitations, Quizzes, Case Digests,
and Examinations
Class standing before Midterms
Midterm Exams
Class Standing after Midterms
Final Exams
TOTAL
Percentage
(Weight is based
on the
importance of
the LO)
Individual
Individual
Individual
Individual
Individual
Individual
Individual
16.67%
16.67%
33.33%
33.33%
100
LEARNING PLAN:
Design or the structure of the course that includes content/topics to be covered;
learning resources to be used; weekly schedule of the topics to be taken up; and the
learning methods to be utilized that are most likely to lead students towards the
goals and learning outcomes that were defined.
TOPIC/CONTENT
(arrangement or sequence of the major
topics is based on a logical order)
Course Introduction
Ÿ Course overview
Ÿ Course assignments
Ÿ Course requirements
LEARNING
RESOURCES
(print and nonprint materials
and online/
open-access
resources)
Syllabus
WEEK/ DATE
(Schedule of
each Topic,
Assign, Exam for
the entire
semester)
LEARNING
METHODS
(activities
designed or
deployed by the
teacher to
bring about, or
create the
conditions for
learning)
August 16-21,
2021
Lecture
Discussion
August 23-28,
2021
Ÿ Recitation
Ÿ Quiz
Module 1:
I.
a.
b.
c.
d.
• Syllabus
Preliminaries
• Textbooks
Remedial Law distinguished from • Supreme
substantive law
Court
Prospective Effect of the Rules of
Decisions
Court/ Retroactive Application of
(SCRA)
Rules of Court
i. In the Matter to Declare in
Contempt of Court Hon. Simeon
Datumanong, G.R. No. 150274,
4 August 2006
Applicability to pending actions;
retroactivity
Rule-making power of the Supreme
2
TOPIC/CONTENT
(arrangement or sequence of the major
topics is based on a logical order)
LEARNING
RESOURCES
(print and nonprint materials
and online/
open-access
resources)
Court
i. Constitution, Art. VI, Sec. 30
ii. Constitution, Art. VIII, Sec. 5(5)
e. Power of the Supreme Court to
suspend the Rules of Court
i. Sarmiento v. Zaratan, G.R. No.
167471, 5 February 2007
ii. Labao v. Flores, G.R. No.
187984, 15 November 2010
iii. Gios-Samar, Inc. v. DOTC, G.R.
No. 217158, 12 March 2019
f. Distinctions: Civil Action, Criminal
Action, and Special Proceedings
II.
General Principles
a. Nature and classification of
Philippine Courts
b. Doctrine of Exhaustion of
Administrative Remedies
i. Spouses Gonzales v. Marmaine
Realty Corp., G.R. No. 214241,
January 13, 2016
c. Doctrine of Primary Jurisdiction
i. Fabia v. Court of Appeals, G.R.
No. 132684, 11 Sept 2002
ii. Lihaylihay v. The Treasurer of the
Republic of the Phil., G.R. No.
192223, 23 July 2018, Leonen
c. Doctrine of non-interference or
doctrine of judicial stability
i. Tan v. Cinco, G.R. No. 213054,
15 June 2016
ii. Specified Contractors & Dev Inc
v. Pobocan G.R. No. 212014-15,
212427-28, 212694-95, 21279495, 6 December 2016
III.
Jurisdiction
a. Statute in force at the time of the
commencement of the action
i. Cang v. Court of Appeals, G.R.
No. 105308, 25 September 1998
b. Classification of jurisdiction
i. Original vs. Appellate
ii. General vs. Special
iii. Exclusive vs. Concurrent
c. Doctrines of hierarchy of courts
and continuity of jurisdiction
• Gios-Samar, Inc. v. DOTC,
3
WEEK/ DATE
(Schedule of
each Topic,
Assign, Exam for
the entire
semester)
LEARNING
METHODS
(activities
designed or
deployed by the
teacher to
bring about, or
create the
conditions for
learning)
TOPIC/CONTENT
(arrangement or sequence of the major
topics is based on a logical order)
LEARNING
RESOURCES
(print and nonprint materials
and online/
open-access
resources)
G.R. No. 217158, 12 March
2019
d. Jurisdiction of various Philippine
courts
i. Katarungang Pambarangay (Sec.
399-422, Local Government
Code) NOTE: Particularly a
condition precedent, just like
earnest efforts and arbitration,
NOT on jurisdiction, as LGC on
Barangay provides “authority to
bring together the parties for an
amicable settlement”. Thus, an
ADR, not jurisdiction to hear and
decide a case.
• Condition Precedent
• See also Art. 151,
Family Code – earnest
efforts
toward
compromise between
member of the family
• Art. 2041 of the Civil Code
• Lansangan v. Caisip, G.R. No.
•
•
ii.
iii.
iv.
212987, 6 August 2018
Abagatnan
v.
Spouses
Clarito, G.R. No. 211966,
7 August 2017
Chavez v. Court of Appeals,
G.R. No. 159411, 18 March
2005
Jurisdiction over small claims,
cases covered by the rules on
Summary Procedure
• Summary
Procedure
v.
Summary Proceeding (Art.
100, 252, 253, Family Code)
Section 5 (4) Article VIII of the
1987 Constitution
B.P.
129
–
Judicial
Reorganization Act of 1980, as
amended by RA 115761
• Anama v. Citibank G.R. No.
192048, 13 December 2017
• Sps. Trayvilla v. Sejas G.R.
No. 204970, 1 February 2016
• Heirs of Reterta v. Sps. Lopez
G.R. No. 159941, 17 August
2011
4
WEEK/ DATE
(Schedule of
each Topic,
Assign, Exam for
the entire
semester)
LEARNING
METHODS
(activities
designed or
deployed by the
teacher to
bring about, or
create the
conditions for
learning)
TOPIC/CONTENT
(arrangement or sequence of the major
topics is based on a logical order)
LEARNING
RESOURCES
(print and nonprint materials
and online/
open-access
resources)
v.
Republic Act 7691 – An act
expanding the jurisdiction of the
MTC, MeTC, MCTC, amending
B.P. 129
• Suapo et al v. Sps. De Jesus
G.R. No. 198356, 20 April
2015
vi. P.D. 1606 as amended by
Republic Act 8249; Republic
Act 10660 – Sandiganbayan
vii. Republic Act 8369 – Family
Courts Act
viii. Republic Act 8799, Sec. 5.2 –
Securities Regulations Code
e. Aspects of jurisdiction
i.
Jurisdiction over the Subject
Matter
• Sps. Erorita v. Sps. Dumlao
G.R. No. 195477, 25
January 2016
• Rivera v. Catalo, A.M. No.
RTJ-15-2422, 20 July 2015
• 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
ii.
Jurisdiction over the Parties
• David v. Agtibay, G.R. No.
199113, 18 March 2015
• Miranda v. Tuliao, G.R. No.
158763, 31 March 2006
• Palmiano-Salvador
v.
Angeles, G.R. No. 171219,
3 September 2012
iii.
Jurisdiction over the Issues
• Bernabe v. Vergara, G.R.
No. L-48652, 16 September
1942
iv.
Jurisdiction over the Res
• De Joya v. Marquez, G.R.
No. 162416, 31 January
2006
• Gomez v. Court of Appeals,
G.R. No. 127692, 10 March
2004
v. Estoppel Jurisdiction
5
WEEK/ DATE
(Schedule of
each Topic,
Assign, Exam for
the entire
semester)
LEARNING
METHODS
(activities
designed or
deployed by the
teacher to
bring about, or
create the
conditions for
learning)
TOPIC/CONTENT
(arrangement or sequence of the major
topics is based on a logical order)
vi.
vii.
LEARNING
RESOURCES
(print and nonprint materials
and online/
open-access
resources)
Tijam v. Sibonghanoy, G.R. No.
L-21450, 15 April 1968
Figueroa v People, G.R. No.
147406, 04 July 2008 –
clarifying the ruling in Tijam
IV. Actions
a. Ordinary Civil Actions, Special
Civil Actions, Criminal Actions,
Special Proceedings
b. Personal actions and Real Actions
• Sps. Trayvilla v. Sejas G.R. No.
204970, 1 February 2016
• Heirs of Reterta v. Sps. Lopez
G.R. No. 159941, 17 August 2011
c. Actions in rem, in personam, and
quasi in rem
V. Rule 2 - Cause of Action
b. Meaning of cause of action
• Heirs of Tomas Dolleton v. FilEstate 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 v. Casanova G.R. No.
202618, 12 April 2016
c. Test of sufficiency of cause of action
• Misamis
Occidental
II
Cooperative, Inc. v. David, G.R.
No. 129928, 25 August 2005
d. 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
• Chu et al v. Cunanan G.R. No.
156185, 12 September 2011
• Riviera Golf Club Inc v. CCA
Holdings B.V. G.R. No. 173783,
17 June 2015
6
WEEK/ DATE
(Schedule of
each Topic,
Assign, Exam for
the entire
semester)
LEARNING
METHODS
(activities
designed or
deployed by the
teacher to
bring about, or
create the
conditions for
learning)
TOPIC/CONTENT
(arrangement or sequence of the major
topics is based on a logical order)
e.
LEARNING
RESOURCES
(print and nonprint materials
and online/
open-access
resources)
Joinder and misjoinder of causes of
action
• Perez v. Hernano, G.R. No.
147417, 8 July 2005
• Danilo v. Pedro, G.R. No. 155736,
31 March 2005
• Totality Rule (BP 129, Sec. 33)
• Flores v. Mallare-Phillipps, G.R.
No. L-66620, 24 September 1986
VI. Rule 3 - Parties to Civil Actions
a. Natural and Juridical Persons,
Entities Authorized by law
• Verzosa v. Fernandez, 49. Phil.
627 (1926)
b. Real parties in interest
• Evangelista v. Santiago, G.R. No.
157447, 29 April 2005
c. 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
d. 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
e. necessary parties;
• Caravan Travel and Tours
International, Inc. v. Abejar, G.R.
No. 170631, February 10, 2016
f. indigent parties;
• Spouses Algura v. City of Naga
G.R. No. 150135, 30 October
2006
g. alternative defendants
h. Complusory and permissive joinder
of parties
|||
7
WEEK/ DATE
(Schedule of
each Topic,
Assign, Exam for
the entire
semester)
LEARNING
METHODS
(activities
designed or
deployed by the
teacher to
bring about, or
create the
conditions for
learning)
TOPIC/CONTENT
(arrangement or sequence of the major
topics is based on a logical order)
LEARNING
RESOURCES
(print and nonprint materials
and online/
open-access
resources)
i. Misjoinder and non-joinder of parties
• Divinagracia v. Parilla G.R. No.
196750, 11 March 2015
j. Class suit
k. Suits against entities without juridical
personality
l. Effect of death of party litigant
• Spouses De la Cruz v. Joaquin,
G.R. No. 162788, July 28, 2005
• Gaffney v. Butler G.R. No.
219408, 8 November 2017
• San Juan v. Cruz G.R. No.167321,
31 July 2006
m. Death or separation of a party who is
a public officer
n. Incompetency or incapacity
o. Transfer of Interest
p. Notice to Solicitor General
VII. Rule 4 - Venue
a. Venue vs. Jurisdiction
• Nocum v. Lucio Tan G.R. No.
145022, 23 September 2005
b. Venue in civil cases vs. Criminal cases
• Nocum v. Lucio Tan G.R. No.
145022, 23 September 2005
c. Venue of real actions
d. Venue of personal actions
e. Venue of actions against non-residents
f. When the rules on venue does not
apply
• Ley Construction & Development
Corp v. Sedan G.R. No. 222711,
23 August 2017
• Unimasters Conglomeration Inc v.
CA G.R. No. 119657, 7 February
1997
g. Effects of stipulation on venue
h. Rule 8, Sec. 12
8
WEEK/ DATE
(Schedule of
each Topic,
Assign, Exam for
the entire
semester)
LEARNING
METHODS
(activities
designed or
deployed by the
teacher to
bring about, or
create the
conditions for
learning)
TOPIC/CONTENT
(arrangement or sequence of the major
topics is based on a logical order)
Module 2:
I.
a.
b.
c.
d.
Pleadings
Rules 6 to 11, as amended by the
2019 Amendments to the 1997
Rules of Civil Procedure
Pleading vs. Motion (Rule 6, Sec. 1;
Rule 15, Sec. 1)
Kinds of Complaint and when they
should be filed
Pleadings allowed in small claims
cases and cases covered by the Rules
on Summary Procedure
Parts and contents of a pleading (Rule
7, Sec. 1-5, Rule 6, Sec. 3, Rule 6,
Sec. 4, Rule 6, Sec. 5)
• Efficient Use of Paper Rule A.M.
No. 11-9-4-SC
• Ao-As v. Court of Appeals, G.R.
No. 128464, 20 June 2006
• Victory Liner, Inc. v. Malinias,
G.R. No. 151170, May 29, 2007
• Judicial Affidavit Rule A.M. No.
12-8-8-SC
• Cosco Philippines Shipping, Inc.
v. Kemper Insurance Co., G.R.
No. 179488, April 23, 2012
LEARNING
RESOURCES
(print and nonprint materials
and online/
open-access
resources)
• Syllabus
• Textbooks
• Supreme
Court
Decisions
(SCRA)
e. Periods to file pleadings
f. Allegations in a pleading
i. Manner of making allegations
ii. Complaint
• Reyes v. RTC of Makati, G.R. No.
165744, 11 August 2008
• Lazaro v. Brewmaster Intl, Inc.,
G.R. No. 182779, 23 August 2010
iii. Pleading an actionable
document
iv. Answer
• Specific denials
• Memita v. Masongsong, G.R.
No. 150912, 28 May 2007
• Effect of failure to make specific
denials
• Negative Pregnant
• Philippine American General
Insurance Co., Inc. v. Sweet
9
WEEK/ DATE
(Schedule of
each Topic,
Assign, Exam for
the entire
semester)
LEARNING
METHODS
(activities
designed or
deployed by the
teacher to
bring about, or
create the
conditions for
learning)
Ÿ Recitation
Ÿ Quiz
TOPIC/CONTENT
(arrangement or sequence of the major
topics is based on a logical order)
LEARNING
RESOURCES
(print and nonprint materials
and online/
open-access
resources)
Lines, G.R. No. 87434, 8 May
1992
• Galofa v. Nee Bon Sing, G.R.
No. L-22018, January 17, 1968
• Affirmative Defenses
• When a specific denial requires an
oath
• Go Tong Electrical Supply Co.,
Inc. v. BPI Family Savings
Bank, Inc., G.R. No. 187487,
June 29, 2015
• Filipinas Textile Mills v. Court
of Appeals, G.R. No. 119800,
November 12, 2003
g. Counterclaims
• Bangis v. Heirs of Adolfo, G.R.
No. 190875, June 13, 2012
i.
Compulsory
• Metropolitan Bank v. CPR
Promotions, G.R. No. 200567, 22
June 2015
• Financial Building Corp. v. Forbes
Park Association, G.R. No.
133119, 17 August 2000
• Pinga v. Santiago, G.R. No.
170354, 30 June 2006
• Maceda v. Court of Appeals, G.R.
No. 83545, 11 August 1989
• Carpio v. Rural Bank of Sto.
Tomas (Batangas), Inc., G.R. No.
153171, 4 May 2006
• North Greenhills Association, Inc.
v. Morales, G.R. No. 222821,
August 9, 2017
ii.
Permissive
• Alba v. Malapajo, G.R. No.
198752, 13 January 2016
• Sy-Vargas v. Estate of Ogsos,
G.R. No. 221062, October 5, 2016
h. Effect of failure to plead
i.
Failure to plead defenses and
objections
ii.
Failure to plead a compulsory
counterclaim and cross-claim
i. Reply
• Casent Realty Development Corp.
v. Philbanking Corporation, G.R.
No. 150731, 14 September 2007
10
WEEK/ DATE
(Schedule of
each Topic,
Assign, Exam for
the entire
semester)
LEARNING
METHODS
(activities
designed or
deployed by the
teacher to
bring about, or
create the
conditions for
learning)
TOPIC/CONTENT
(arrangement or sequence of the major
topics is based on a logical order)
LEARNING
RESOURCES
(print and nonprint materials
and online/
open-access
resources)
j. Rejoinder
k. Default
i. When a declaration of default is
proper
• Momarco Import Co., Inc. v.
Villamena, G.R. No. 192477, July
27, 2016
ii. Effect of an order of default
• Gajudo v. Traders Royal Bank,
G.R. No. 151098, 21 March 2006
iii. Relief from an order of default
• Ramnani v. Court of Appeals,
G.R. No. 101789, April 28, 1993
iv. Default judgment and Relief
from judgment by default
• Rule 37, Rules 40-41, Rule 38
• Rule 28, Sec. 3 (c)
• Martinez v. Republic, G.R. No.
160895, 30 October 2006
• Jao & Co., Inc. v. Court of
Appeals, G.R. No. 93233
(Resolution), December 19, 1995
• Indiana Aerospace University v.
Commission on Higher Education,
G.R. No. 139371, April 4, 2001
v. Effect of a partial default
vi. Extent of relief
vii. Actions where default are not
allowed
viii. Extension of time to file an
Answer
ix. Filing and service of pleadings –
Rules 11 and 13, as amended
i. Payment of docket fees
ii. Periods
of
filing
of
pleadings
iii. Manner of filing
iv. Modes of service
v. Service of judgments, final
orders
or
resolutions;
service of court-issued
orders and other documents
vi. Priority of filing and service/
Conventional service or
filing of orders, pleadings,
and other documents
vii. When service is deemed
complete
11
WEEK/ DATE
(Schedule of
each Topic,
Assign, Exam for
the entire
semester)
LEARNING
METHODS
(activities
designed or
deployed by the
teacher to
bring about, or
create the
conditions for
learning)
TOPIC/CONTENT
(arrangement or sequence of the major
topics is based on a logical order)
LEARNING
RESOURCES
(print and nonprint materials
and online/
open-access
resources)
viii.
ix.
Proof of filing and service
SC Admin Order No. 25120 dated 11 September 2020
on the Guidelines on the
Implementation
in
the
Philippines of the Hague
Service Convention on the
Service Abroad of Judicial
Documents in Civil and
Commercial Matters
l. Notice of Lis Pendens
• Spouses Gonzales v. Marmaine
Realty Corp., G.R. No. 214241,
January 13, 2016
m. Amendments
• Barfel Development Corp. v.
Court of Appeals, G.R. No. 98177,
June 8, 1993
• Godinez v. Court of Appeals, G.R.
No. 154330, 15 February 2007
n. Supplemental Pleadings
• Shoemart, Inc. v. Court of
Appeals, G.R. No. 86956, October
1, 1990
• Ada v. Baylon, G.R. No. 182435,
13 August 2012
II.
Summons – Rule 14, as amended
a. Nature and purpose of summons
• De
Pedro
v.
Romasan
Development Corp., G.R. No.
194751, November 26, 2014
b. Duty to Issue, Validity of
Summons, Form
c. Voluntary appearance
• Uy v. Del Castillo, G.R. No.
223610, July 24, 2017
• Tujan-Militante v. Nustad, G.R.
No. 209518, June 19, 2017
d. Who may serve summons
e. On whom summons will be served
• Heirs of Manguiat v. Court of
Appeals, G.R. Nos. 150768 &
160176, August 20, 2008
• CCC Insurance Corp. v. Kawasaki
Steel Corp., G.R. No. 156162,
June 22, 2015
f. Personal service, Substituted
12
WEEK/ DATE
(Schedule of
each Topic,
Assign, Exam for
the entire
semester)
LEARNING
METHODS
(activities
designed or
deployed by the
teacher to
bring about, or
create the
conditions for
learning)
TOPIC/CONTENT
(arrangement or sequence of the major
topics is based on a logical order)
LEARNING
RESOURCES
(print and nonprint materials
and online/
open-access
resources)
service, and Constructive service
g. Extraterritorial service, when
allowed
• Arrieta v. Arrieta, G.R. No.
234808, November 19, 2018
• Perkin Elmer Singapore Pte Ltd. v.
Dakila Trading Corp. G.R. No.
172242, August 14, 2007
h. Service upon prisoners and minors;
upon spouses
i. Service upon domestic or foreign
private juridical entities
j. Proof of service
III.
a.
b.
c.
d.
e.
Motions – Rule 15, as amended
Motions in general
Form and Contents
Omnibus Motion Rule; Exceptions
Prohibited Motions; Exceptions
Litigious
and
Non-Litigious
Motions
f. Motion Day
g. Motions for Bill of Particulars (Rule
12)
IV.
a.
b.
c.
•
•
•
•
Dismissal of Actions – Rule 17
Dismissal with prejudice
Dismissal upon notice by plaintiff
Dismissal upon motion by plaintiff;
effect on existing counterclaim
d. Dismissal due to the fault of
plaintiff
e. Dismissal of counterclaim; crossclaim or third-party complaint
Limaco v. Shonan Gakuen Children's
House Phil. Inc., G.R. No. 158245, June
30, 2005
Heirs of Tungpalan v. Court of Appeals,
G.R. No. 136207, June 21, 2005
Blay v. Baña, G.R. No. 232189, [March
7, 2018
Quintos v. Nicolas, G.R. No. 210252,
June 16, 2014
13
WEEK/ DATE
(Schedule of
each Topic,
Assign, Exam for
the entire
semester)
LEARNING
METHODS
(activities
designed or
deployed by the
teacher to
bring about, or
create the
conditions for
learning)
TOPIC/CONTENT
(arrangement or sequence of the major
topics is based on a logical order)
Module 3:
I.
Pre-Trial – Rule 18, as amended
a. Concept, Nature and Purpose of a
pre-trial
b. Notice of pre-trial
c. Appearance of parties; effect of
failure to appear
d. Pre-trial brief; effect of failure to
appear and to file Pre-trial brief
• Paredes v. Verano, G.R. No.
164375, October 12, 200
• Spouses Khonghun v. United
Coconut Planters Bank, G.R. No.
154334, July 31, 2006
• Domingo v. Spouses Singson,
G.R. Nos. 203287 & 207936,
April 5, 2017
e. Pre-trial order
f. Pre-trial in civil cases and pretrial in criminal cases
g. Court-Annexed Mediation
h. Judicial Dispute Resolution
i. A.M. No. 19-10-20-SC, 2020
Guidelines for the Counduct of
Court Annexed Mediation and
Judicial Dispute Resolution in
Civil Cases
j. Judgment After Pre-Trial
LEARNING
RESOURCES
(print and nonprint materials
and online/
open-access
resources)
• Syllabus
• Textbooks
• Supreme
Court
Decisions
(SCRA)
|||
II.
Intervention – Rule 19
• Office of the Ombudsman v. Bongais,
G.R. No. 226405, July 23, 2018
• Pulgar v. RTC of Mauban, Quezon,
Branch 64, G.R. No. 157583, September
10, 2014
III.
IV.
a.
b.
c.
d.
Calendar of Casees – Rule 20
Subpoena
Subpoena duces tecum
Subpoena ad testificandum
Service of subpoena
Compelling attendance of
witnesses; contempt
e. Quashing of subpoena
V. Computation of Time – Rule 22
VI. Modes of Discovery – Rules 23 to
14
WEEK/ DATE
(Schedule of
each Topic,
Assign, Exam for
the entire
semester)
LEARNING
METHODS
(activities
designed or
deployed by the
teacher to
bring about, or
create the
conditions for
learning)
Ÿ Recitation
Ÿ Quiz
TOPIC/CONTENT
(arrangement or sequence of the major
topics is based on a logical order)
LEARNING
RESOURCES
(print and nonprint materials
and online/
open-access
resources)
29
a. Depositions pending action;
depositions before action or
pending appeal
• Santamaria v. Cleary, G.R. Nos.
197122 &197161, June 15, 2016
• Republic v. Sandiganbayan,
G.R. No. 152375, December 13,
2011
• People v. Sergio, G.R. No.
240053, 9 October 2019
b. Written interrogatories to adverse
parties
• Phil. Health Insurance Corp. v.
Our Lady of Lourdes Hospital,
G.R. No. 193158, November 11,
2015
• Sibayan v. Alda, G.R. No.
233395, January 17, 2018
c. Request for admission
• Allied
Agri-Business
Development Co., Inc. v. Court
of Appeals, G.R. No. 118438,
December 4, 1998
• Duque v. Spouses Yu, G.R. No.
226130, February 19, 2018
• Metro Manila Shopping Mecca
Corp. v. Toledo, G.R. No.
190818, June 5, 2013]
• Estate of Marcos v. Republic,
G.R. Nos. 213027 & 213253
(Resolution), January 18, 2017
• Lañada v. Court of Appeals,
G.R. Nos. 102390 & 102404,
February 1, 2002
• Manzano v. Despabiladeras,
G.R. No. 148786, December 16,
2004
d. Production or inspection of
documents or things
• Insigne v. Abra Valley Colleges,
Inc., G.R. No. 204089 , July 29,
2015
• Air
Philippines Corp. v.
Pennswell, Inc., G.R. No.
172835, December 13, 2007
e. Physical and mental examination
of persons
|||
15
WEEK/ DATE
(Schedule of
each Topic,
Assign, Exam for
the entire
semester)
LEARNING
METHODS
(activities
designed or
deployed by the
teacher to
bring about, or
create the
conditions for
learning)
TOPIC/CONTENT
(arrangement or sequence of the major
topics is based on a logical order)
LEARNING
RESOURCES
(print and nonprint materials
and online/
open-access
resources)
f. Consequences of refusal to comply
with modes of Discovery
• Spouses
Afulugencia
v.
Metropolitan Bank and Trust
Co., G.R. No. 185145, February
5, 2014
MIDTERM EXAMINATION
16
WEEK/ DATE
(Schedule of
each Topic,
Assign, Exam for
the entire
semester)
LEARNING
METHODS
(activities
designed or
deployed by the
teacher to
bring about, or
create the
conditions for
learning)
TOPIC/CONTENT
(arrangement or sequence of the major
topics is based on a logical order)
LEARNING
RESOURCES
(print and nonprint materials
and online/
open-access
resources)
Module 4:
• Syllabus
• Textbooks
I.
Trial – Rule 30
• Supreme
a. Schedule of Trial
Court
b. Adjournments and postponements
Decisions
c. Requisites of motion to postpone
(SCRA)
trial
d. Agreed statement of facts
e. Order of trial; reversal of order
• Judicial Affidavit Rule
f. Oral Offer of Documentary
Exhibits
g. Suspension of Actions
• Art. 2030 and 2035, Civil Code
h. Consolidation or severance of
hearing or trial – Rule 31
• PNB v. Gotesco, G.R. No.
183211, 6 June 2009
i. Delegation of reception of
evidence
j. Trial by commissioners – Rule 32
k. A.M. No. 20-12-10-SC, Proposed
Guidelines on the Conduct of
Videoconferencing
II.
Demurrer to Evidence - Rule 33
Ground
Effect of denial
Effect of grant
Waiver of right to present
evidence
e. Demurrer to evidence in a civil
case and demurrer to evidence in
a criminal case
• Republic v. De Borja, G.R. No.
187448, January 9, 2017
• Radiowealth Finance Co. v. Spouses
Del Rosario, G.R. No. 138739, July 6,
2000
• GMA Network, Inc. v. Central
CATV, Inc., G.R. No. 176694, July
18, 2014
a.
b.
c.
d.
III.
Judgment and Final Order – Rule
36
• BA Finance Corp. v. Court of
Appeals, G.R. No. 107345, January
17
WEEK/ DATE
(Schedule of
each Topic,
Assign, Exam for
the entire
semester)
LEARNING
METHODS
(activities
designed or
deployed by the
teacher to
bring about, or
create the
conditions for
learning)
Ÿ Recitation
Ÿ Quiz
TOPIC/CONTENT
(arrangement or sequence of the major
topics is based on a logical order)
LEARNING
RESOURCES
(print and nonprint materials
and online/
open-access
resources)
27, 1994
• Silverio v. Court of Appeals, G.R. No.
178933, 16 September 2009
• Garrido v. Tortogo, G.R. No. 156358,
17 August 2011
a. Default Judgment – Rule 9
b. Judgment after pre-trial, Judgment
after ex parte presentation of
evidence – Rule 18
c. Judgment without trial
d. Judgment on Compromise
• Gadrinab v. Salamanca, G.R.
No. 194560, 11 June 2014
e. Judgment on the pleadings – Rule
34
• Sunbanun v. Go, G.R. No.
163280, 2 February 2010
• Diman v. Alumbres, G.R. No.
131466, November 27, 1998
• Iloilo Jar Corp. v. Comglasco
Corp., G.R. No. 219509, January
18, 2017
• Comglasco Corp. v. Santos Car
Check Center Corp., G.R. No.
202989, March 25, 2015
f. Summary judgments – Rule 35
• Asian Construction v. PCIB,
G.R. No. 153827, 25 April 2006
• Republic v. Sandiganbayan,
G.R. No. 152154, July 15, 2003
• Province of Pangasinan v. Court
of Appeals, G.R. No. 104266,
March 31, 1993
g. Contents of a judgment
h. Rendition of judgments and final
orders
i. Amendment of Judgment vs.
Supplemental Judgment
• Esquivel v. Alegre, G.R. No.
79425, April 17, 1989
• Flight Attendants and Stewards
Association of the Philippines v.
Philippine Airlines, Inc., G.R.
Nos. 178083 & A.M. No. 1110-1-SC (Resolution), March
13, 2018
j. Judgment nunc pro tunc
• Cardoza v. Singson, G.R. No.
18
WEEK/ DATE
(Schedule of
each Topic,
Assign, Exam for
the entire
semester)
LEARNING
METHODS
(activities
designed or
deployed by the
teacher to
bring about, or
create the
conditions for
learning)
TOPIC/CONTENT
(arrangement or sequence of the major
topics is based on a logical order)
LEARNING
RESOURCES
(print and nonprint materials
and online/
open-access
resources)
WEEK/ DATE
(Schedule of
each Topic,
Assign, Exam for
the entire
semester)
LEARNING
METHODS
(activities
designed or
deployed by the
teacher to
bring about, or
create the
conditions for
learning)
59284, January 12, 1990
• Nuñal v. Court of Appeals, G.R.
k.
l.
m.
n.
No. 94005, April 6, 1993
Entry of judgment and final order
Law of the Case
Bar by former judgment and
conclusiveness of judgment
• Del Rosario v. Far East Bank.
G.R No. 150134, 31 October
2007
• Islamic Directorate of the
Philippines v. Court of Appeals,
G.R. No. 117897, May 14, 1997
• Allied Banking Corp. v. Court
of Appeals, G.R. No. 108089,
January 10, 1994
• Spouses Noceda v. ArbizoDirecto, G.R. No. 178495, July
26, 2010
Immutability of final judgment
• Griffith v. Estur, G.R. No.
161777, 7 May 2008
Module 5:
I.
Post-judgment Remedies
a. Motion for New Trial or
Reconsideration
• Manila Memorial Park
Cemetery, Inc. v. Court of
Appeals, G.R. No. 137122,
November 15, 2000
• Dinglasan, Jr. v. Court of
Appeals, G.R. No. 145420,
September 19, 2006
• Flight Attendants and Stewards
Association of the Philippines v.
Philippine Airlines, Inc., G.R.
Nos. 178083 & A.M. No. 1110-1-SC (Resolution), March
13, 2018
b. Appeal - Appeals in general
1. Judgment and final orders
subject to appeal
2. Matters not appealable
• Syllabus
• Textbooks
• Supreme
Court
Decisions
(SCRA)
19
Ÿ Recitation
Ÿ Quiz
TOPIC/CONTENT
(arrangement or sequence of the major
topics is based on a logical order)
LEARNING
RESOURCES
(print and nonprint materials
and online/
open-access
resources)
3. Remedies against judgment
and orders which are not
appealable
4. Modes of appeal
5. Issues to be raised on appeal
a. Custodio v. Court of
Appeals,
G.R.
NO.
116100, 9 February 1996
b. Citytrust Banking Corp. v.
Court of Appeals, G.R. No.
92591, April 30, 1991
6. Period of appeal
a. Heirs of Albano v.
Spouses Ravanes, G.R.
No. 183645, July 20, 2016
b. Neypes v. Court of
Appeals, G.R. No. 141524,
September 14, 2005
c. Sumiran
v.
Spouses
Damaso, G.R. No. 162518,
August 19, 2009
d. Sumaway v. Urban Bank,
Inc., G.R. No. 142534,
June 27, 2006
e. San Lorenzo Ruiz Builders
and Developers Group,
Inc. v. Bayang, G.R. No.
194702, April 20, 2015
7. Perfection of appeal
a. Julian v. DBP, G.R. No.
174193, 7 December 201
b. Regional Agrarian Reform
Adjudication Board v.
Court of Appeals, G.R. No.
165155, April 12, 2010
8. Residual Jurisdiction
a. Fernandez v. Court of
Appeals, G.R. No. 131094, 16
May 2005
9. Appeal from judgment or final
orders of the MTC, MeTC,
MTC in cities, MCTC
10. Appeal from judgments or final
orders of the RTC
Ordinary Appeal Cases (Rules
40-41):
1. Encarnacion v. Amigo,
G.R. No. 169793, 15
September 2006
|||
20
WEEK/ DATE
(Schedule of
each Topic,
Assign, Exam for
the entire
semester)
LEARNING
METHODS
(activities
designed or
deployed by the
teacher to
bring about, or
create the
conditions for
learning)
TOPIC/CONTENT
(arrangement or sequence of the major
topics is based on a logical order)
LEARNING
RESOURCES
(print and nonprint materials
and online/
open-access
resources)
2. Canlas v. Tubil G.R. No.
184285, 25 September
2009
Petition for Review Rule 42
Cases:
1. Ross Rica Sales v. Ong,
G.R. No. 132197, 16
August 2005
2. LBP v. Court of Appeals,
G.R. No. 190660, 11
August 2011
3. Macawiwili Gold Mining
and Development Co.,
Inc. v. Court of Appeals,
G.R. No. 115104, October
12, 1998
4. Anderson v. Ho, G.R. No.
172590, 7 January 2013
5. Heirs of Garcia I v.
Municipality of Iba,
Zambales, G.R. No.
162217, July 22, 2015
6. Intramuros Administration
v. Offshore Construction
Development Co., G.R.
No. 196795, March 7,
2018
11. Appeal to the Court of Appeals
12. Appeal from judgments or final
orders of the CA
13. Petition for Review Rule 45
14. Rule 45 vs. Rule 65; Question
of Law v. Question of Fact
a. Republic v. Mercadera,
G.R.
No.
186027,
December 8, 2010
b. Asian Terminals, Inc. v.
Simon Enterprises, Inc.,
G.R.
No.
177116,
February 27, 2013
c. Maza v. Turla, G.R. No.
187094, February 15, 2017
d. Philippine
Bank
of
Communications v. Court
of Appeals, G.R. No.
218901, February 15, 2017
e. Mackay v. Angeles, G.R.
No. 144230 (Resolution),
September 30, 2003
21
WEEK/ DATE
(Schedule of
each Topic,
Assign, Exam for
the entire
semester)
LEARNING
METHODS
(activities
designed or
deployed by the
teacher to
bring about, or
create the
conditions for
learning)
TOPIC/CONTENT
(arrangement or sequence of the major
topics is based on a logical order)
LEARNING
RESOURCES
(print and nonprint materials
and online/
open-access
resources)
15. Appeal from judgments or final
orders of the Sandibanbayan
16. Appeal from judgments or final
orders of the CTA
17. Review from judgments or
final orders of the COA
18. Review from judgments or
final orders of the COMELEC
19. Review from judgments or
final orders of the CSC
20. Review from judgments or
final orders of the Ombudsman
21. Review from judgments or
final orders of the NLRC
22. Review from judgments or
final orders of quasi-judicial
agencies
Petition for Review Rule 43
Cases:
1. Fabian v. Desierto, G.R.
No. 129742, September
16, 1998
2. Lanting v. Ombudsman,
G.R. No. 141426, May 6,
2005
3. St. Martin Funeral Home
v. NLRC, G.R. No.
130866, September 16,
1998
4. Alcaraz v. Gonzales, G.R.
No. 164715, 20 September
2006
c. Relief from judgments, orders and
other proceedings
• 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
• Victory Liner v. Malinias, G.R.
No. 151170, 29 May 2007
• Madarang v. Spouses Morales,
G.R. No. 199283, June 9, 2014
d. Annulment of judgments or final
orders and resolutions
22
WEEK/ DATE
(Schedule of
each Topic,
Assign, Exam for
the entire
semester)
LEARNING
METHODS
(activities
designed or
deployed by the
teacher to
bring about, or
create the
conditions for
learning)
TOPIC/CONTENT
(arrangement or sequence of the major
topics is based on a logical order)
LEARNING
RESOURCES
(print and nonprint materials
and online/
open-access
resources)
WEEK/ DATE
(Schedule of
each Topic,
Assign, Exam for
the entire
semester)
LEARNING
METHODS
(activities
designed or
deployed by the
teacher to
bring about, or
create the
conditions for
learning)
• Republic v. De Castro, G.R. No.
189724, 7 February 2011
• Victory Liner v. Malinias, G.R.
No, 151170, 29 May 2007
• Islamic Da'wah Council of the
Philippines v. Court of Appeals,
G.R. No. 80892, September 29,
1989
e. Collateral attack of judgments
Module 6:
II.
Execution, Satisfaction and Effect
of Remedies – Rule 39
a. Difference between finality of
judgment for purposes of appeal;
for purposes of execution
b. When execution shall issue
c. How a judgment is executed
• Villeza v. German Management
and Services, Inc., G.R. No.
182937, August 9, 2010
• Gagoomal v. Spouses
Villacorta, G.R. No. 192813,
January 18, 2012
• Testate Estate of Maria Manuel
Vda. De Biascan v. Biascan,
G.R. No. 138731, 11 December
2000
• Office of the Court
Administrator v. Corpuz, A.M.
No. P-00-1418, September 24,
2003
• Florendo v. Paramount
Insurance Corp, G.R. No.
167976, 20 January 2020
• Balajonda v. COMELEC, G.R.
No. 166032, 28 February 2005
• Saligumba v. Palanog, G.R. No.
• Syllabus
• Textbooks
• Supreme
Court
Decisions
(SCRA)
|||
23
Ÿ Recitation
Ÿ Quiz
TOPIC/CONTENT
(arrangement or sequence of the major
topics is based on a logical order)
d.
e.
f.
g.
h.
i.
j.
I.
LEARNING
RESOURCES
(print and nonprint materials
and online/
open-access
resources)
143365, 4 December 2008
• Infante v. Aran Builders, G.R.
No. 156596, 24 August 2007
Immediate execution
• Centennial Guarantee Assurance
Corp. v. Universal Motors
Corp., G.R. No. 189358,
October 8, 2014
Properties exempt from execution
Proceedings where property is
claimed by third persons; in
relation to third party claim in
attachment and replevin
Rules on redemption
Examination of judgment obligor
when judgment is unsatisfied
Effect of judgment or final orders
• Del Rosario v. Far East Bank.
G.R No. 150134, 31 October
2007
• Islamic Directorate of the
Philippines v. Court of Appeals,
G.R. No. 117897, May 14, 1997
• Allied Banking Corp. v. Court
of Appeals, G.R. No. 108089,
January 10, 1994
• Spouses Noceda v. ArbizoDirecto, G.R. No. 178495, July
26, 2010
Enforcement and effect of foreign
judgments or final orders
Provisional Remedies
a. Nature and Purpose
b. Jurisdiction over
provisional remedies
II.
Preliminary attachment
a. Grounds for issuance of writ of
attachment
b. Requisites
c. Issuance and contents of order of
attachment; affidavit and bond
d. Rule on prior or contemporaneous
service of summons
e. Manner of attaching real and
personal property; when property
attached is claimed by third person
24
WEEK/ DATE
(Schedule of
each Topic,
Assign, Exam for
the entire
semester)
LEARNING
METHODS
(activities
designed or
deployed by the
teacher to
bring about, or
create the
conditions for
learning)
TOPIC/CONTENT
(arrangement or sequence of the major
topics is based on a logical order)
•
•
•
•
•
LEARNING
RESOURCES
(print and nonprint materials
and online/
open-access
resources)
f. Discharge of attachment and the
counter-bond
g. Satisfaction of judgment out of
property attached
Davao Light & Power Co., Inc. v.
Court of Appeals, G.R. No. 93262,
November 29, 1991
Torres v. Satsatin. G.R. No. 166759,
25 November 2009
Valmonte v. Court of Appeals, G.R.
No. 108538, 22 January 1996
Traders Royal Bank v. Intermediate
Appellate Court, G.R. No. 66321,
October 31, 1984
(Pacis v. Commission on Elections,
G.R. No. L-29026 (Resolution),
August 22, 1969
|||
III. Preliminary injunction
a. Definition and differences between
preliminary injunction, temporary
restraining order, and status quo
ante order
b. Requisites
c. Kinds of injunctions; kinds of
temporary restraining orders
d. When writ may be issued, when
writ may not be issued
e. Grounds for issuance of
preliminary injunction
f. Grounds for objection to, or for the
dissolution of injunction or
restraining order
g. Duration of temporary restraining
order
h. Rule on prior or contemporaneous
service of summons in relation to
attachment
i. Laws Prohibiting Injunction – PD
605, PD 1818, PD 385
• Hernandez v. NPC, G.R. No. 145328,
23 March 2006
• Australian Professional Realty v.
Municipality of Padre Garcia,
Batangas, G.R. No. 183367, 14 March
2012
• City of Iloilo v. Honrado, G.R. No.
160399, December 9, 2015
25
WEEK/ DATE
(Schedule of
each Topic,
Assign, Exam for
the entire
semester)
LEARNING
METHODS
(activities
designed or
deployed by the
teacher to
bring about, or
create the
conditions for
learning)
TOPIC/CONTENT
(arrangement or sequence of the major
topics is based on a logical order)
LEARNING
RESOURCES
(print and nonprint materials
and online/
open-access
resources)
• Dungog v. Court of Appeals, G.R. No.
139767, August 5, 2003
• Antig v. Antipuesto, G.R. No. 192396
(Resolution), January 17, 2018
• Spouses Laus v. Optimum Security
Services, Inc., G.R. No. 208343,
February 3, 2016
• Verzosa v. Court of Appeals, G.R.
Nos. 119511-13, November 24, 1998
• Tay Chun Suy v. Court of Appeals,
G.R. No. 93640, January 7, 1994
• Laus v. Optimum Security Services,
G.R. No. 208343, 3 February 2016
• Federation of Land Reform Farmers
of the Philippines v. Court of Appeals,
G.R. No. 88384, July 14, 1995
IV. Receivership
a. Cases when receiver may be
appointed
b. Requisites
c. Requirement before issuance of an
order
d. General powers of a receiver
e. Two kinds of bonds
f. Termination of receivership
• Normandy v. Duque, G.R. No. L25407, August 29, 1969
|||
•
•
•
•
V.
Replevin
a. When writ may be issued
b. Requisites
c. Affidavit and bond; redelivery
bond
d. Sheriff’s duty in the
implementation of the writ; when
property is claimed by third party
BA Finance Corp. v. Court of
Appeals, G.R. No. 102998, July 5,
1996
Rivera v. Vargas, G.R. No. 165895, 5
June 2009
Advent Capital and Financ Corp. v.
Young, G.R. No. 183018, 3 August
2011
Northern Motors, Inc. v. Herrera,
G.R. No. L-32674, February 22, 1973
|||
26
WEEK/ DATE
(Schedule of
each Topic,
Assign, Exam for
the entire
semester)
LEARNING
METHODS
(activities
designed or
deployed by the
teacher to
bring about, or
create the
conditions for
learning)
TOPIC/CONTENT
(arrangement or sequence of the major
topics is based on a logical order)
VI.
a.
b.
c.
d.
e.
f.
LEARNING
RESOURCES
(print and nonprint materials
and online/
open-access
resources)
WEEK/ DATE
(Schedule of
each Topic,
Assign, Exam for
the entire
semester)
LEARNING
METHODS
(activities
designed or
deployed by the
teacher to
bring about, or
create the
conditions for
learning)
Provisional Remedies under
Special Law and Rules
Provisional remedies of the
Family Courts; Support Pendente
Lite
• Francisco v. Zandueta, G.R.
No. L-43794, 9 August 1935
• San Juan v. Valenzuela, G.R.
No. L-59906, October 23,
1982
Human Security Act
Anti-Violence against Women
and Children Act
Anti-Money Laundering Act
Financial Rehabilitation and
Insolvency Act
Precautionary Hold Departure
Orders
FINAL EXAMINATION
POLICIES:
Policies and values that the teacher might want to communicate through the
syllabus concerning attendance, participation, academic integrity (e.g. plagiarism,
cheating, fabrication), missing assignments, missed exams, recording classroom
activities, online behavior during synchronous sessions, etc.
1.
2.
3.
4.
Attendance will be checked every meeting.
Students who are called to recite but absent shall get a grade of 60.
Students who missed a quiz will get a grade of 60.
Students are prohibited from recording the online class as this is a violation of the
Copyright of the Professor.
Prepared by:
Judge Wilhelmina Jorge-Wagan
Faculty, College of Law
Atty. Plaridel J. Bohol II
Faculty, College of Law
Atty. Francesca Lourdes M. Señga
Vice Dean, College of Law
27
Approved by:
Signature
Atty. Marciano G. Delson
Dean, College of Law
Date Prepared by the Faculty: 15 August 2021
28