POLYTECHNIC UNIVERSITY OF THE PHILIPPINES

College of Law, Sta. Mesa, Manila

Syllabus / Course Outline

CIVIL PROCEDURE

2nd Semester School Year 2018-2019

Prepared by

MARIO R.L. LUNA1

PRELIMINARY CONSIDERATIONS

1. Remedial law ensures enforcement of substantive rights

2. Judicial power is the totality power a court exercises
3. The hierarchy of courts; doctrine of judicial stability; doctrine of judicial
immutability; res judicata; the law of the case doctrine
4. Essence of due process; procedural and substantive due process
5. The power of the Supreme Court to promulgate rules of procedure
6. The power of judicial review; independence of the judiciary
7. Tung Hui Chung and Tong Hong Chung vs. Shi Chiu Huang a.k.a James
Shi, G.R. No. 170679, March 9, 2016
8. Gabriel Yap, Sr., Gabriel Yap, Jr., and Hyman Yap vs. Letecia Siao, etc.,
G.R. No. 212504, June 1, 2016
9. Rey Nathaniel C. Ifurong vs. Hon. Conchita C. Carpio Morales, et al.,
G.R. No. 232131, April 24, 2018
10. Francisco Eizmendi, Jr., et al., vs. Teodoro Fernandez, G.R. No. 215280,
September 5, 2018

CLASSIFICATION OF JURISDICTION – THE PHILIPPINE COURT

SYSTEM

1. Jurisdiction and venue

2. Classification of jurisdiction
3. Jurisdiction distinguish from exercise of jurisdiction
4. In civil proceedings, venue is procedural not jurisdictional
5. A party may be estopped from questioning the court’s jurisdiction
6. Adherence to jurisdiction; doctrine of primary jurisdiction
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P r o f e s s o r o f L a w, P U P C o l l e g e o f L a w ; L e c t u r e r : M C L E , A C L E x / C E U
College of Law and ACESS/Adamson University College of Law; Deputy City
Prosecutor, Antipolo City; Member: IBP – RSM Chapter; Prosecutors League
o f t h e P h i l i p p i n e s , D e p a r t m e n t o f J u s t i c e ; Ta u K a p p a P h i F r a t e r n i t y, F E U
Institute of Law; The Phantoms Riders Club

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 7. BPI Family Savings Bank, Inc., vs. Spouses Benedicto and Teresita
Yujuico, G.R. No. 175796, July 22, 2015
8. Ana Lou B. Navaja vs. Hon. Manuel A. De Castro, etc., G.R. No. 182926,
June 22, 2015
9. First Sarmiento Holdings, Inc. v. Philippine Bank of Communications,
G.R. No. 202836, June 10, 2018

THE SUPREME COURT

1. Jurisdiction of the Supreme Court

2. Questions on the constitutionality of a law
3. Cases in which the jurisdiction of any lower court is in issue
4. Criminal Cases where penalty imposed is reclusion perpetua
5. Automatic review in cases where life imprisonment or reclusion
perpetua is imposed
6. Review of decision of the Court of Appeals
7. Review of judgment of Constitutional Commissions
8. Cases in which only an error or question of law is involved
9. Discretion of Supreme Court to review cases
10. Prohibition against increasing appellate jurisdiction
11. Malayan Insurance Company, Inc., vs. Diana P. Alibudbud, G.R. No.
209011, April 20, 2016

THE RULE-MAKING POWER OF THE SUPREME COURT

1. Rules of Court
2. Requirements as to Validity of Rules
3. Extent and Scope of the Power to Promulgate Rules of Pleading and
Practice
4. Force and Effect of the Rules
5. Authority of the Supreme Court to suspend rules
6. Salvador Estipona, Jr., y Asuela v. Hon. Frank E. Lobrigo, G.R. No.
226679, August 15, 2017

THE COURT OF APPEALS, SANDIGANBAYAN, AND THE COURT OF TAX

APPEALS

1. Classification of Jurisdiction of the Court of Appeals

2. Appeals from Other Quasi-Judicial Agencies to the Court of Appeals
3. Jurisdiction of the Court of Appeals Includes Awards of Damages
4. Appellate Jurisdiction of the Court of Appeals over Quasi-Judicial Bodies
5. Only Decisions in Exercise of Quasi-Judicial Functions are Appealable to
the Court of Appeals
6. Jurisdiction of the Court of Appeals Where Issues are Purely Legal
7. Jurisdiction of the Sandiganbayan under R.A. No. 8249
8. Appellate Jurisdiction of the Court of Tax Appeals under R.A. No. 9282
9. Exclusive Original Jurisdiction of the Court of Tax Appeals over Criminal
Offenses

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 10. Jurisdiction of the Court of Tax Appeals over Tax Collection Cases
11. Dando A. Duncano vs. Hon. Sandiganbayan and Hon. Office of the
Special Prosecutor, G.R. No. 191894, July 15, 2015

THE REGIONAL TRIAL COURTS

1. Jurisdiction of the Regional Trial Courts

2. Cases not within the Exclusive Jurisdiction of any Court, Tribunal,
Persons or Body Exercising Judicial or Quasi-Judicial Functions
3. R.A. No. 8799 – Jurisdiction of the Securities and Exchange Commission
transferred to the Regional Trial Court
4. Heirs of Danilo Arrienda, et al., vs. Rosario Kalaw, G.R. No. 204314,
April 6, 2016
5. Douglas F. Anama vs. Citibank, G.R. No. 192048, December 13, 2017
6. Alona G. Roldan vs. Spouses Clarence Barrios, et al., G.R. No. 214803,
April 23, 2018

METROPOLITAN TRIAL COURTS, MUNICIPAL TRIAL COURTS IN

CITIES, MUNICIPAL TRIAL COURTS, AND MUNICIPAL CIRCUIT TRIAL
COURTS

1. Jurisdiction of the Metropolitan Trial Courts and the Municipal Trial

Courts
2. Jurisdiction of the MTC in Forcible Entry and Unlawful Detainer Cases
3. Small Claims System

THE SHARI’A COURTS

1. Exclusive Original Jurisdiction of Shari’a District Courts

2. Concurrent Jurisdiction of Sharia District Courts with Existing Civil Courts
3. Appellate Jurisdiction of Shari’a District Courts
4. Exclusive Original Jurisdiction of Shria’a Circuit Courts

QUASI-JUDICIAL AGENCIES

1. The Quasi-Judicial Bodies and their Jurisdiction

2. Doctrine of primary jurisdiction
3. Jerome R. Canlas vs. Gonzalo Benjamin A. Bongolan, G.R. No. 199625,
June 6, 2018
4. Spouses Fredeswinda Drilon Ybiosa, et al., vs. Inocencio Drilon, G.R. No.
212866, April 23, 2018

CONSTITUTIONAL COMMISSIONS

1. Civil Service Commission

2. Atty. Pablo Francisco vs. COMELEC, G.R. No. 230249, April 24, 2018
3. Commission on Elections
4. Commission on Audit

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JUDICIAL REVIEW OF FINAL DECISIONS OF ADMINISTRATIVE
AGENCIES

1. Non-Interference with Purely Administrative Matters; Exceptions

2. The Standard for Reviewing Decisions of Administrative Departments;
Exception

RULE 1 – GENERAL PROVISIONS

1. In what courts applicable

2. Civil action defined; civil actions classified
3. Action distinguish from special proceeding
4. Commencement of action; payment of docket fee/filing fees
5. Province of Leyte vs. Energy Development Corporation, G.R. No.
203124, June 22, 2015
6. Armilyn Morillo vs. People, etc., G.R. No. 198270, December 9, 2015
7. Rules of procedure generally cannot be changed by the parties;
exception

RULE 2 – CAUSE OF ACTION

1. Actions; different kinds of action

2. Action in rem, in personam and quasi in rem
3. Determination of when capable of pecuniary estimation
4. Eminent domain cases as personal actions incapable of pecuniary
estimation
5. Civil actions versus special proceedings
6. Cause of action
7. Exhaustion of administrative remedies; exceptions
8. Barangay conciliation under Sections 408 to 420 of R.A. No. 7160, the
Local Government Code of 1991
9. Failure to state a cause of action
10. Splitting a single cause of action and its effects
11. Joinder and misjoinder of causes of action; joinder of parties
12. Totality rule; application of the totality rule
13.Philippine National Bank vs. Sps. Victoriano & Jovita Faricia Rivera, G.R.
No. 189577, April 20, 2016

RULE 3 – PARTIES TO CIVIL ACTIONS

1. Parties to civil actions; entities authorized by law; legal capacity to sue

and be sued
2. Foreign corporations; principle of estoppel
3. Derivative suits of stockholders under R.A. No. 8799
4. Actions for and against Republic of the Philippines
5. Foreign State immunity

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 6. Compulsory and permissive joinder of parties; misjoinder and non-
joinder of parties
7. Suits against entities without juridical personality
8. Representative parties: executor or administrator
9. Spouses as parties; married women; minors or incompetents
10. Permissive joinder of parties: types of joinder of parties; distinguished
from joinder of causes of actions
11. Compulsory joinder of indispensable parties: indispensable party
defined; distinguished from necessary party; joinder mandatory
12. Right of plaintiff to select defendant
13. Necessary party: proper parties defined
14. Unwilling co-plaintiff
15. Misjoinder and non-joinder of parties: non joinder of proper parties
16. Class suit: requisites; class suit distinguished from joinder of parties
17. Alternative defendants
18. Unknown identity of defendant
19. Entity without juridical personality as defendant
20. Effect of death of party litigant

RULE 4 – VENUE OF ACTIONS

1. Venue of actions: venue defined; nature of venue; purpose of rule fixing

venue
2. Venue distinguished from jurisdiction
3. When the rules on venue do not apply
4. Principles on stipulations on venue; effects of stipulations on venue
5. Venue of real actions
6. Test to determine real nature of action: primary objective test
7. Actions founded on privity of contract
8. Rescission of contracts
9. Proper venue in action involving various parcels of land
10. Personal actions; venue in personal action; venue in special
proceedings; venue on extra-judicial foreclosure of mortgage; venue of
civil forfeiture cases for money-laundering
11. BPI Family Savings Bank, Inc., vs. Spouses Benedicto and Teresita
Yujuico, G.R. No. 175796, July 22, 2015

RULE 5 – UNIFORM PROCEDURE IN TRIAL COURTS

1. Uniform procedure
2. The Revised Rules on Summary Procedure: civil cases and criminal cases
3. Rules of Procedure for Small Claims
4. Rules of Procedure for Environmental Cases

RULE 6 – KINDS OF PLEADINGS

1. Pleadings; purpose of pleadings

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 2. Complaint, Answer, Negative defenses, Negative pregnant, Affirmative
defenses, Collateral attack on torrens title
3. Direct attack and collateral attack distinguished
4. Counterclaim, set-off and recoupment
5. Compulsory counterclaim; cross-claims
6. Reply; when reply is necessary
7. Bringing new parties; purposes
8. Answer to third-party complaint
9. Pleadings allowed in small claim cases and cases covered by the Rules
on Summary Procedure

RULE 7 – PARTS OF A PLEADING

1. Parts of a pleading: Caption; the body; relief; signature and address

2. Effect of the signature of counsel in a pleading
3. Verification and certification against forum shopping; effect of absence
of verification
4. SPO2 Rolando Jamaca vs. People, G.R. No. 183681, July 27, 2015
5. Tolentino vs. Spouses Latagan, G.R. No. 179874, June 22, 2015
6. Colegio Medico-Farmaceutico De Filipinas, Inc. vs. Lily Lim, et al., G.R.
No. 212034, July 2, 2018
7. Barangay Tongonon, Ormoc City vs. Hon. Apolinario M. Buaya, et al.,
G.R. No. 204183, June 20, 2018

RULE 8 – MANNER OF MAKING ALLEGATIONS IN PLEADINGS

1. Allegations in a pleading; manner of making allegations

2. Distinctions between ultimate facts and evidentiary facts
3. Judicial admissions in pleadings
4. Alternative causes of action or defenses
5. Conditions precedents
6. Capacity of party to sue and be sued; how capacity is challenged;
capacity to sue foreign corporation
7. Fraud, mistake, condition of the mind; must be stated with particularity
8. Pleading a judgment or decision
9. Pleading an actionable document
10. How to contest an action founded upon a written instrument; denial of
genuineness and due execution of actionable document; effects of
failure to deny under oath
11. Pleading an official document or official act
12.Specific denials
13. Allegations not specifically denied deemed admitted
14. Striking out of pleading or matter

RULE 9 – EFFECT OF FAILURE TO PLEAD

1. Effect of failure to plead defenses and objections

2. Effect of failure to set up compulsory counterclaim

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 3. Compulsory cross-claim
4. Default; remedies available to a defendant in default; effect of appeals
on default judgment

RULE 10 – AMENDED AND SUPPLEMENTAL PLEADINGS

1. Amendments in general of a pleading; when amendment allowed as a

matter of right.
2. Service of new summons of amended complaints
3. Amendments by leave of court; amendments after pre-trial;
supplemental pleadings
4. Ma. Corazon M. Ola vs. People, G.R. No. 195547, December 2, 2015

RULE 11 – WHEN TO FILE RESPONSIVE PLEADINGS

1. Answer to the complaint

2. Answer to amended complaint; answer to counterclaim or cross-claim;
answer to third-party complaint; answer to supplemental complaint
3. Reply
4. Effect of failure to set up a counterclaim or cross-claim
5. Extension of time to plead

RULE 12 – BILL OF PARTICULARS

1. When bill of particulars applied

2. Motions for bill of particulars; instances when bill of particulars allowed

RULE 13 – FILING AND SERVICE OF PLEADINGS, JUDGMENTS AND

OTHER PAPERS

1. Filing and service of pleadings

2. Formal notice unnecessary where there is actual notice to the adverse
party; service on lawyer at given address
3. Legal formalities for substitution of counsel
4. Manner of filing pleadings, appearances, motions, and other papers
5. Modes of service: ordinary mail; registered mail; personal service
6. Substituted service
7. Service of judgments, final orders or resolutions
8. Completeness of service: actual and constructive service
9. Priorities in modes of service and filing; personal service mandatory
10. Proof of filing; proof of service
11. Notice of lis pendens
12. Francis C. Cervantes vs. City Service Corporation, etc., G.R. No.
191616, April 18, 2016

RULE 14 – SUMMONS

1. Summons; purpose of summons

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 2. Contents of summons and by whom served; issuance of alias summons
3. Substituted service; extraterritorial service
4. Effect of failure to mail summons
5. Where publication to be made
6. Residents temporarily out of the Philippines; substituted service allowed
7. Motion for leave of court to effect service against a non-resident
defendant to be supported by affidavit
8. Proof of service
9. Voluntary appearance; voluntary appearance equivalent to service;
defective service waived by voluntary appearance
10. Yuk Ling Ong vs. Benjamin T. Co. G.R. No. 206653, February 25, 2015
11. Benjamin H. Cabanez vs. Marie Joseph Solana a.k.a. Ma. Josephine S.
Cabanez, G.R. No. 200180, June 6, 2016
12. Green Star Express, Inc., and Fruto Sayson vs. Nissin-Universal Robina
Corporation, G.R. No. 181517, July 6, 2015

RULE 15 – MOTIONS

1. Motion must be in writing; hearing of motion; motion day

2. Omnibus motion rule
3. Litigated and ex parte motions
4. Pro-forma motions: requirements of motion generally mandatory;
exceptions to 3-day notice and to strict compliance with motion
requirements; prohibited motion
5. Marilou S. Laude and Mesehilda S. Laude vs. Hon. Roline M. Ginez-
Jabalde, etc., G.R. No. 217456, November 24, 2015

RULE 16 – MOTION TO DISMISS

1. Motion to dismiss; grounds; period to file motions to dismiss

2. Remedy against order denying motion to dismiss
3. Effect of dismissal of complaint for failure to pay docket fee
4. Effect of dismissal on compulsory counterclaim
5. Denial of motion to dismiss complaint
6. Distinguished motion to dismiss from demurrer to evidence under Rule
33 of the Rules of Court
7. Strategic Lawsuit Against Public Participation (SLAPP) as a defense
environmental law cases
8. Philippine National Bank vs. Sps. Victoriano & Jovita Faricia Rivera, G.R.
No. 189577, April 20, 2016
9. BPI Family Savings Bank, Inc., vs. Spouses Benedicto and Teresita
Yujuico, G.R. No. 175796, July 22, 2015

RULE 17 – DISMISSAL OF ACTIONS

1. Dismissal of actions upon notice by plaintiff; two-dismissal rule

2. Dismissal upon motion by plaintiff;

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 3. Dismissal due to the fault of plaintiff; dismissal at defendant’s or court’s
instance
4. Dismissal of counterclaim, cross-claim or third-party complaint; effects
of dismissals

RULE 18 PRE-TRIAL

1. Concept of pre-trial; when conducted; pre-trial mandatory

2. Nature and purpose of pre-trial; notice of pre-trial; sending of notice
mandatory
3. Appearance of parties; both client and counsel must appear
4. Judgment ex parte different from judgment by default
5. Remedies of a plaintiff who has been non-suited
6. Pre-trial brief; effect of failure to file pre-trial brief
7. Distinction between pre-trial in civil case and pre-trial in criminal case
8. Disclosure of witnesses and evidence
9. The use of mediation; Katarungang Pambarangay Law

RULE 19 – INTERVENTION

1. Concept and nature of intervention; who may intervene

2. When intervention disallowed; effect of denial of motion to intervene;
remedy for the denial of motion to intervene
3. SM Land, Inc., vs. BCDA, G.R. No. 203655, September 7, 2015

RULE 20 – CALENDAR OF CASES

1. Calendar of cases; assignment of cases

2. Raffling of cases; manner of raffling

RULE 21 – SUBPOENA

1. Subpoena duces tecum; subpoena ad testificandum; service of

subpoena; compelling attendance of witnesses; contempt
2. Quashing of subpoena

RULE 22 – COMPUTATION OF TIME

1. How to compute time; first day excluded and last day included;
pretermission of holidays
2. Extension of time to file the required pleading; effect of interruption
3. Filing of motion for new trial; the “fresh period rule”

RULE 23 – DEPOSITIONS PENDING ACTION (DEPOSITIONS AND

DISCOVERY)

1. Modes of discovery, its concept

2. Purpose of modes of discovery; importance of the rules of discovery

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 3. Evidentiary matters may be inquired into
4. Deposition as a mode of discovery
5. Procedure in taking depositions; examination and cross examination
6. Use of depositions
7. Rebutting depositions
8. Persons before whom depositions may be taken within the country
9. Persons before whom depositions may be taken abroad
10. Commission or letters rogatory

RULE 24 – DEPOSITIONS BEFORE ACTION OR PENDING APPEAL

(PERPETUATION OF TESTIMONY)

1. Depositions before action; contents of petition; notice and service

2. Order and examination; reference to court; use of deposition
3. Depositions pending appeal

RULE 25 – INTERROGATORIES TO PARTIES

1. Written interrogatories to adverse parties; consequences of refusal to

answer; objections to interrogatories; effect of failure to serve written
interrogatories

RULE 26 – ADMISSION BY ADVERSE PARTIES

1. Request for admission; implied admission by adverse party

2. Effect of admission; effect of failure to file and serve request for
admission

RULE 27 – PRODUCTION OR INSPECTION OF DOCUMENTS OR

THINGS

1. Motion for production or inspection of documents or things

2. Effect of refusal to obey the order requiring him to produce document or
other thing for inspection
3. Philippine Health Insurance Corporation vs. Our Lady of Lourdes
Hospital, G.R. No. 193158, November 11, 2015

RULE 28 – PHYSICAL AND MENTAL EXAMINATION OF PERSONS

1. When examination may be ordered; order of examination

RULE 29 – REFUSAL TO COMPLY WITH MODES OF DISCOVERY

(REFUSAL TO MAKE DISCOVERY)

1. Consequences of refusal to comply with modes of discovery

2. Refusal to answer; sanctions; contempt of court
3. Sanctions where a party fails to appear or fails to serve answers to
interrogatories

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RULE 30 – TRIAL

1. Notice of trial; trial on the merits; procedural due process in civil cases;
adjournments and postponements
2. Requisites of motion to postpone trial for absence of evidence
3. Order of trial

RULE 31 – CONSOLIDATION OR SEVERANCE

1. Consolidation or severance of hearing or trial

2. Consolidation of civil and criminal cases; when consolidation mandatory
3. Separate trials

RULE 32 – TRIAL BY COMMISSIONER

1. Trial by commissioners
2. Order of preference; powers of the commissioner
3. Commissioner’s report; notice to parties and hearing on the report

RULE 33 – DEMURRER TO EVIDENCE

1. Demurrer to evidence; concept; rationale of the rule; ground

2. Demurrer to evidence in a civil case versus demurrer to evidence in a
criminal case

RULE 34 – JUDGMENT ON THE PLEADINGS

1. Judgments and final orders

2. Grounds for judgment on the pleadings

RULE 35 – SUMMARY JUDGMENTS

1. Concept of summary judgment

2. Summary judgment distinguished from judgment on the pleadings and
from motion to dismiss
3. Summary judgment improper where there is genuine issue
4. In proceedings for summary judgment, burden of proof is upon the
plaintiff to prove the cause of action
5. Summary judgment for claimant
6. Summary judgment for defending party
7. Failure to deny actionable document
8. Case not fully adjudicated on motion; partial summary judgment not
appealable
9. Form of affidavits and supporting papers
10. Cases where summary judgments granted; cases when not granted

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 11.Gabriel Yap, Sr., Gabriel Yap, Jr., etc., vs. Letecia Siao, etc., G.R. No.
212493 and Cebu South Memorial Garden, Inc., vs. Letecia Siao, etc.,
G.R. No. 212504, June 1, 2016

RULE 36 – JUDGMENTS, FINAL ORDERS AND ENTRY THEREOF

1. Judgment; rendition of judgments and final orders

2. Final judgment distinguished from interlocutory order
3. Entry of Judgments and final orders: promulgation
4. Effect on party who did not appeal
5. Effect of reversal of judgment on appeal on the party who did not
appeal
6. Void judgment
7. Judgment on the pleadings versus summary judgments
8. Flor Gilbuena vs. Hon. Leandro C. Catalo, A.M. No. RTJ-15-2422, July
20, 2015

RULE 37 – NEW TRIAL OR RECONSIDERATION

1. New trial; motion for new trial or reconsideration

2. Motion to reopen distinguished from motion for new trial
3. Accident, mistake or excusable negligence of party or counsel
4. Newly discovered evidence
5. Affidavit of merits
6. When a motion is pro forma
7. Second motion for new trial
8. Denial of the motion; grant of the motion
9. Remedy against order denying a motion for new trial or
reconsideration; fresh 15-day period rule

RULE 38 – RELIEF FROM JUDGMENTS, ORDERS, OR OTHER

PROCEEDINGS

1. Remedy against final and executory judgments

2. Relief from judgments, orders and other proceedings
3. Remedy against a judgment based on compromise agreement
4. Procedure where the denial of appeal is set aside; direct and collateral
attack

RULE 39 – EXECUTION, SATISFACTION AND EFFECT OF JUDGMENTS

1. Post-judgment remedies; execution upon judgments or final orders;

writ of execution; to be enforced by regular sheriff
2. Writ to be issued only against parties; when execution shall issue
3. Cases where court may refuse to issue writ of execution
4. Judgment not stayed by appeal
5. How a judgment executed
6. Execution against the government

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 7. Remedies where there is a supervening fact
8. Jurisdiction of court to modify its judgment and to enforce its
judgment
9. When portion of judgment may be executed
10. Cases where execution may issue even if judgment not final
11. Execution by motion or by independent action
12. Remedy against execution pending appeal
13. Fixing of amount of supersedeas bond
14. Effect of reversal of executed judgment
15. Execution in case of death of party
16. Effect of levy on execution as to third persons
17. Properties exempt from execution; when to claim exemption
18. Return of writ of execution; alias writ of execution
19. Notice of sale of property on execution
20. Proceedings where property is claimed by third persons
21. How property sold on execution
22. Certificate of sale where property claimed by third person
23. Who may redeem real property sold; effect of redemption
24. Manner of using premises pending redemption
25. Recovery of price if sale not effective; revival of judgment
26. Examination of judgment debtor when judgment unsatisfied
27. Appointment of receiver
28. Entry of satisfaction of judgment by clerk of court
29. Effect of judgment or final orders
30. Enforcement and effect of foreign judgments or final orders
31. Tarcisio S. Calilung vs. Paramount Insurance Corporation, etc., G.R.
No. 195641, July 11, 2016
32. Stronghold Insurance Co., Inc., vs. Pamana Island Resort Hotel and
Marina Club, Inc., G.R. No. 174838, June 1, 2016
33. Ma. Corazon M. Ola vs. People, G.R. No. 195547, December 2, 2015
34. Philippine National Bank vs. Sps. Victoriano & Jovita Faricia Rivera,
G.R. No. 189577, April 20, 2016
35. Pulumbarit, Sr., vs. Court of Appeals, G.R. No. 153745-46, October
14, 2015
36. Republic vs. NAPOCOR, G.R. No. 191831, September 8, 2015
37. Go vs. Chavez, G.R. No. 174542, August 3, 2015
38. Philippine Deposit Insurance Corp. vs. Manu Gidwani, G.R. No.
234616, June 20, 2018
39. San Miguel Pure Foods Company, Inc., vs. Foodsphere, Inc., G.R.
No. 217781, June 20, 2018
40. Pension and Gratuity Management Center (PGMC), GHQ, AFP, Camp
Aguinaldo vs. AAA, CA-G.R. No. SP No. 04359-MIN, G.R. No. 201292,
April 1, 2018

RULE 40 – APPEAL FROM MUNICIPAL TRIAL COURTS TO THE

REGIONAL TRIAL COURTS

1. Appeals in general: modes of appeal

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RULE 41 – APPEAL FROM THE REGIONAL TRIAL COURTS

1. Subject of appeal; modes of appeal

2. Multiple appeals when allowed; reason for multiple appeals; splitting of
appeals; effect of wrong appeal
3. Period of ordinary appeal
4. Appellate court docket and other lawful fees
5. Notice of appeal; perfection of appeal; dismissal of appeal
6. Alonzo Gipa, et al., vs. Southern Luzon Institute, G.R. No. 177425, July
18, 2014

RULE 42 – PETITION FOR REVIEW FROM THE REGIONAL TRIAL

COURTS TO THE COURT OF APPEALS

1. Ordinary appeal
2. Questions of fact or law; need for certificate of non-forum shopping
3. Effect of failure to comply with requirements regarding payment of
docket and other lawful fee
4. Perfection of appeal

RULE 43 – APPEALS FROM THE COURT OF TAX APPEALS AND QUASI-

JUDICIAL AGENCIES TO THE COURT OF APPEALS

1. Where to appeal; period of appeal; how appeal taken; contents of the

petition
2. Effect of failure to pay docket pay and other lawful fees
3. Levi Strauss & Co., vs. Atty. Ricardo B. Blancaflor, G.R. No. 206779,
April 20, 2016

RULE 44 – PROCEDURE IN THE COURT OF APPEALS – ORDINARY

APPEALED CASES

1. Appellant’s brief; appellee’s brief; appellant’s reply brief

2. Time of filing memoranda in special cases
3. Questions that may be raised on appeal

RULE 45 – APPEAL BY CERTIORARI TO THE SUPREME COURT

1. Filing of petition with Supreme Court

2. Direct appeal from RTC to the Supreme Court
3. Distinction between an appeal by certiorari and special action for
certiorari
4. Certiorari as a mode of appeal under Rule 45 distinguish from certiorari
as a special action under Rule 65
5. Questions of law; questions of fact
6. Docket and other lawful fees
7. Appeals to the Supreme Court not a matter of right

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 8. Maria Cecilia Ocbanda vs. People, G.R. No. 208137, June 8, 2016
9. Armilyn Morillo vs. People, etc., G.R. No. 198270, December 9, 2015
10. Ma. Corazon M. Ola vs. People, G.R. No. 195547, December 2, 2015
11. Rogen Allen Bigler vs. People, G.R. No. 210972, March 19, 2016
12. Nelson Tenido y Silvestre vs. People, G.R. No. 211642, March 9, 2016
13. Damaso T. Ambray and Ceferino T. Ambray, Jr., vs. Sylvia A. Tsourous,
Carmencita Ambray, etc., G.R. No. 209264, July 5, 2016
14. Bangko Sentral Ng Pilipinas vs. Feliciano P. Legaspi, G.R. No. 205966,
March 2, 2016
15. Leviste Management System, Inc. vs. Legaspi Towers 200, Inc., et al.,
G.R. No. 199353, April 4, 2018 and Legaspi Tower 200, Inc. vs. Leviste
Management System, Inc., et al., G.R. No. 199389, April 4, 2018

RULE 46 – ORIGINAL CASES

1. Papers to accompany remedy under Rule 46 in relation to Rule 65; the

rule on liberal interpretation; dismissal for failure to pay docket fee
2. Jurisdiction over the person of respondent, how acquired
3. Action by the court; determination of factual issues
4. Province of Leyte vs. Energy Development Corporation, G.R. No.
203124, June 22, 2015

RULE 47 – ANNULMENT OF JUDGMENTS OR FINAL ORDERS AND

RESOLUTIONS

1. Annulment of judgments or final orders and resolutions: grounds for

annulment
2. Distinction between extrinsic fraud and intrinsic fraud
3. Tung Hui Chung and Tong Hong Chang vs. Shih Chiu Huang a.k.a.
James Shi, G.R. No. 170679, March 9, 2016

RULE 48 – PRELIMINARY CONFERENCE

1. Preliminary conference; failure to appear at the preliminary conference

RULE 49 – ORAL ARGUMENT

1. Oral argument, when allowed; conduct of oral argument

RULE 50 – DISMISSAL OF APPEAL

1. Grounds for dismissal of appeal

2. Dismissal of improper appeal to the Court of Appeals
3. Appeals from Regional Trial Courts to the Supreme Court
4. Withdrawal of appeal

RULE 51 – JUDGMENT

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 1. When case deemed submitted for judgment
2. Disposition of a case; remand for trial on the merits
3. Function of lower court with respect to final judgment of Supreme Court
4. Judgment where there are several parties
5. Promulgation and notice of judgment; entry of judgment and final
resolution
6. Ma. Corazon M. Ola vs. People, G.R. No. 195547, December 2, 2015
7. Sps. Campos vs. Republic, G.R. No. 184371, March 5, 2015

RULE 52 – MOTION FOR RECONSIDERATION

1. Period of filing a motion for reconsideration; second motion for

reconsideration
2. Resolution of motion; stay of execution

RULE 53 – NEW TRIAL

1. Period for filing motion for a new trial; ground

2. Hearing and order; resolution of motion; procedure in new trial

RULE 54 – INTERNAL BUSINESS

1. Distribution of cases among divisions of the Court of Appeals

2. Quorum of the court

RULE 55 – PUBLICATION OF JUDGMENTS AND FINAL RESOLUTIONS

1. Publication; preparation of opinions for publication

RULE 56 – PROCEDURE IN THE SUPREME COURT

1. Original cases; rules applicable

2. Appealed cases; procedure; grounds for dismissal of appeal
3. Procedure if opinion is equally divided

RULE 57 – PROVISIONAL REMEDIES

1. Jurisdiction over provisional remedies

2. Preliminary attachment: grounds for issuance of writ of attachment
3. Watercraft Venture Corporation vs. Wolfe, G.R. No. 181721, September
9, 2015
4. Tsuneishi Heavy Industries (CEBU), Inc., vs. MIS Maritime Corp., G.R.
No. 193572, April 4, 2018

RULE 58 – PRELIMINARY INJUNCTION

1. Preliminary injunction and temporary restraining order

2. Who may grant preliminary injunction

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 3. Grounds for issuance of preliminary injunction
4. When injunction is improper; duration of a Temporary Restraining Order
(TRO), ban on issuance of TRO or writ of injunction in cases involving
government infrastructure projects; R.A. No. 8975
5. Zuneca Pharmaceutical, etc., vs. Natrapharm, Inc., G.R. No. 197802,
November 11, 2015

RULE 59 – RECEIVERSHIP

1. Receivership: cases when receiver may be appointed

RULE 60 – REPLEVIN

1. Replevin; when may writ be issued

2. When property is claimed by third party
3. Malayan Insurance Company, Inc., vs. Diana P. Alibudbud, G.R. No.
20911, April 20, 2016

RULE 61 – SUPPORT ‘PENDENTE LITE’

1. Support pendent lite

2. Enforcement of order; support in criminal cases; restitution

SPECIAL CIVIL ACTIONS

RULE 62 – INTERPLEADER

1. Special civil actions; interpleader

RULE 63 – DECLARATORY RELIEF AND SIMILAR REMEDIES

1. Declaratory reliefs and similar remedies

2. Reformation of an instrument; consolidation of ownership; quieting of
title to real property

RULE 64 – REVIEW OF JUDGMENTS AND FINAL ORDERS OR

RESOLUTIONS OF THE COMMISSIONS ON ELECTIONS AND THE
COMMISSION ON AUDIT

1. Discretion of the Supreme Court to review cases

2. Review of judgments and final orders or resolution of the Comelec and
COA
3. Application of Rule 65 under Rule 64; distinction in the application of
Rule 65 to judgments of the Comelec and COA and the application of
Rule 65 to other tribunals, persons and officers
4. Mode of Review; time to file petition; docket and other lawful fees
5. Submission for decision; what may be reviewed by Supreme Court

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RULE 65 – CERTIORARI, PROHIBITION AND MANDAMUS

1. Certiorari, prohibition and mandamus

2. Injunctive relief
3. Reliefs petitioner is entitled to
4. Ana Lou B. Navaja vs. Hon. Manuel A. De Castro, G.R. No. 182926, June
22, 2015
5. Charlie Te vs. Hon. Augusto V. Breva, U.R. Bahinting and Pryce Gaser,
Inc., G.R. No. 164974, August 5, 2015
6. Felicito M. Mejorado vs. Hon. Florencio B. Abad, G.R. No. 214430,
March 9, 2016
7. Cesar Naguit vs. San Miguel Corporation, G.R. No. 188839, June 22,
2015
8. Villalon vs. Lirio, G.R. No. 183869, August 3, 2015
9. Central Bicol State University vs. Camarines Sur, G.R. No. 210861, July
29, 2015
10. Barroso vs. Judge Omelio, G.R. No. 194767, October 24, 2015

RULE 66 – QUO WARRANTO

1. Quo warranto
2. Parties and contents of petition against usurpation
3. Republic vs. Maria Lourdes P.A. Sereno, G.R. No. 237428, June 19, 2018

RULE 67 – EXPROPRIATION

1. The power of eminent domain; expropriation

2. Proceedings by commissioners
3. When plaintiff can immediately enter into possession of the real property
in relation to R.A. No. 8974

RULE 68 – FORECLOSURE OF REAL ESTATE MORTGAGE

1. Foreclosure of real estate mortgage; sale of mortgaged property

2. Deficiency judgment; sale of mortgaged property
3. Judicial foreclosure versus extrajudicial foreclosure
4. Equity of redemption versus right of redemption
5. Spouses Humberto P. Delos Santos and Carmencita M. Delos Santos vs.
Metropolitan Band and Trust Company, G.R. No. 153852, October 24,
2012

RULE 69 – PARTITION

1. Partition; who may file complaint for partition

2. Two stages in every action for partition
3. Partition by commissioners

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RULE 70 – FORCIBLE ENTRY AND UNLAWFUL DETAINER

1. Forcible entry and unlawful detainer; distinguished from accion

publiciana, accion reivindicatoria and accion interdictal
2. How to determine jurisdiction in accion publiciana, accion reivindicatoria
and accion interdictal
3. Preliminary injunction and preliminary mandatory injunction
4. Resolving defense of ownership
5. Summary procedure, prohibited pleadings
6. Milagros Diaz, etc., Spouses Gaudencio Punzalan and Teresita Punzalan,
G.R. No. 203075, March 16, 2016
7. Union Bank of the Philippines vs. Philippine Rabbit Bus Lines, Inc., G.R.
No. 205951, July 4, 2016

RULE 71 – CONTEMPT

1.Concept of court; civil contempt and criminal contempt distinguished

2.Contempt by whom initiated; contempt is not presumed
3.Remedy against direct contempt
4.Digital Telecommunications Phils., Inc., vs. Cantos, G.R. No. 180200,
November 25, 2013
5. Hansel M. Marantan vs. Jose Manuel Diokno, G.R. No. 205956,
February 12, 2014

NOTES:
1. Recitations with lectures and quizzes.
2. Opening of books and other reading materials like Ipods/Tablets, except
your handwritten notes, is not allowed.
3. Aim High but Work Hard – Jovito R. Salonga, former Dean, FEU Institute
of Law and former Senate President.

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