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I.

GENERAL PRINCIPLES OF REMEDIAL LAW 1

A. Concepts in Remedial Law 1


B. Substantive law vis-à-vis-remedial law 1

C. Rule-making power of the Supreme Court 3


1. Limitations on the rule-making power of the Supreme 3
Court
2. Power of the Supreme Court to amend and suspend 3
procedural rules

D. Nature of Philippine courts 5


1. Meaning of a court 5
a) Court as distinguished from a judge 5
2. Classification of courts 5
a) Courts of original appellate jurisdiction 6
b) Courts of general and special jurisdiction 7
c) Constitutional and statutory courts 7
d) Courts of law and equity 7
3. Principle of judicial hierarchy 8
4. Doctrine of non-interference or doctrine of judicial 8
stability

II. GENERAL PRINCIPLES ON JURISDICTION 9

A. Jurisdiction of Courts 9
1. Supreme Court 10
2. Court of Appeals 13
3. Sandiganbayan 15
4. Regional Trial Courts 16
5. Family Courts 24
6. Metropolitan Trial Courts, Municipal Trial Courts in 25
Cities, Municipal Trial Courts, Municipal Circuit Trial
Courts
7. Shari’ah Courts 29

B. Jurisdiction over the parties 30


1. How jurisdiction over the plaintiff is acquired 30
2. How jurisdiction over the defendant is acquired 30

C. Jurisdiction over the subject matter 32


1. Meaning of jurisdiction over the subject matter 33
2. Jurisdiction versus the exercise of jurisdiction 33
3. Error of jurisdiction as distinguished from error in 33
judgment
4. How jurisdiction is conferred and determined 33
5. Doctrine of adherence of jurisdiction 34
6. Objections to jurisdiction over the subject matter 35
7. Effect of estoppel on objections to jurisdiction 35

D. Jurisdiction over the issues 36


E. Jurisdiction over the res or the property in litigation 38
F. Jurisdiction over cases covered by The Revised Rules of 39
Procedure for Small Claims Cases, The Revised Rules on
Summary Procedure, and Barangay Conciliation
G. Totality rule 40

III. CIVIL PROCEDURE 42

A. Actions 42
1. Meaning of ordinary civil actions 42
2. Meaning of special civil actions 43
3. Meaning of criminal actions 43
4. Civil Actions versus Special proceedings 44
5. Personal actions and real actions 45
6. Local and transitory actions 47
7. Actions in rem, in personam and quasi in rem 48
8. Independent civil action 51

B. Cause of Action 51
1. Meaning of cause of action 51
2. Right of action versus cause of action 56
3. Failure to state a cause of action 56
4. Test of the sufficiency of a cause of action 57
5. Splitting a single cause of action and its effects 57
6. Joinder and misjoinder of causes of action 63

C. Parties to Civil Actions 67


1. Real Parties in interest; 71
Indispensable parties; 73
Representatives as parties; 74
Necessary parties; 74
Indigent Parties; 70
Alternative defendants 77
2. Compulsory and permissive joinder of parties 77
3. Misjoinder and non-joinder of parties 78
4. Class suits 79
5. Suits against entities without juridical personality 81
6. Effect of death of party litigant 81
7. Distinction between real party in interest and locus 84
standi

D. Venue 85
1. Venue versus Jurisdiction 85
2. Venue of real actions 86
3. Venue of personal actions 86
4. Venue of actions against non-residents 86
5. When the rules on venue do not apply 87
6. Effects of stipulations on venue 87

E. Rules on Pleadings 91
1. Kinds of pleadings 92
a) Complaint 93
b) Answer 94
(1) Negative Defenses 94
(2) Negative pregnant 94
(3) Affirmative Defenses 95
c) Counterclaims 95
(1) Compulsory counterclaim 96
(2) Permissive counterclaim 98
(3) Effect on the counterclaim when the complaint 100
is dismissed
d) Cross-claim 101
e) Third (fourth, etc.) party complaint 102
f) Complaint-in-Intervention 104
g) Reply 105

2. Pleadings allowed under The 2016 Revised Rules of 107


Procedure for Small Claims Cases and The1991 Revised
Rule on Summary Procedure

3. Parts of a pleading 108


a) Caption 108
b) Signature and address 109
c) Verification and certification against forum- 110
shopping
(1) Requirements of a corporation executing the 116
verification/certification of non-forum shopping
d) Effect of the signature of counsel in a pleading 116

4. Allegations in a pleading 117


a) Manner of making allegations 117
(1) Conditions precedent 117
(2) Fraud, mistake, malice, intent, knowledge, and 118
other conditions of the mind, judgments, official
documents or acts
b) Pleading an actionable document 120
c) Specific Denials 121
(1) Effect of failure to make specific denials 122
(2) When a specific denial requires an oath 123

5. Effect of failure to plead 123


a) Failure to plead defenses and objections 123
b) Failure to plead a compulsory counterclaim and 123
cross-claim

6. Default 124
a) When a declaration of default is proper 124
b) Effect of an order of default 126
c) Relief from an order of default 126
d) Effect of partial default 128
e) Extent of relief to be awarded 129
f) Actions where default is not allowed 129

F. Filing and Service of Pleadings, Judgments, Final Orders 134


and Resolutions
1. Payment of docket fees 134
2. Filing versus service of pleadings 134
3. Periods of filing of pleadings 134
4. Manner of filing 136
5. Modes of service 136
a) Personal service 137
b) Service by mail 137
c) Substituted service 137
d) Service of judgments, finals orders, or 138
resolutions
e) Priorities in modes of service and filing 138
f) When service is deemed complete 139
g) Proof of filing and service 139

G. Amendment 140
1. Amendments as a matter of right 140
2. Amendments by leave of court 141
3. Formal amendments 141
4. Amendments to conform to or authorize 142
presentation of evidence
5. Supplemental pleadings 144
6. Effect of amended pleading 145

H. Summons 146
1. Nature and purpose of summons in relation to 146
actions in personam, in rem and quasi in rem
2. Voluntary appearance 146
3. Personal service 147
4. Substituted service 148
5. Constructive service (by publication) 150
a) Service upon defendant whose identity or 150
whereabouts is unknown
b) Service upon residents temporarily outside the 153
Philippines
6. Extraterritorial service, when allowed 154
7. Service upon prisoners and minors 157
8. Proof of service 158

I. Motions (General Principles, Motion for Bill of Particulars, 161


Motion to Dismiss)

1. Motions in general 161


a) Definition of a motion 161
b) Motions versus pleadings 161
c) Contents and forms of motions 161
d) Notice of hearing and hearing of motions 161
e) Omnibus motion rule 162
f) Litigated and ex parte motions 163
g) Pro-forma motions 164

2. Motion for bill of particulars 164


a) Purpose and when applied for 164
b) Action of the court 166
c) Compliance with the order and effect of non- 166
compliance
d) Effect on the period to file a responsive pleading 167

3. Motion to Dismiss 167


a) Grounds 169
b) Resolution of motion 174
c) Remedies of plaintiff when the complaint is 175
dismissed
d) Remedies of the defendant when the motion is 175
denied
e) Effect of dismissal of complaint on certain 176
grounds
f) When grounds pleaded as affirmative defenses 176
g) Bar by dismissal 177
h) Distinguished from demurrer to evidence under 178
Rule 33

J. Dismissal of Actions 178


1. Dismissal upon notice by the plaintiff; Two-dismissal 178
rule
2. Dismissal upon motion of plaintiff; effect on existing 180
counterclaim
3. Dismissal due to the fault of plaintiff 180
4. Dismissal of counterclaim, cross-claim or third-party 181
complaint

K. Pre-Trial 182
1. Concept of pre-trial 182
2. Nature and purpose 182
3. Notice of pre-trial 184
4. Appearance of parties; effect of failure to appear 184
5. Pre-trial brief; effect of failure to file 186
6. Distinction between pre-trial in a civil case and pre- 188
trial in a criminal case

L. Intervention 190
1. Requisites for intervention 192
2. Time to intervene 192
3. Remedy for the denial of motion to intervene 192

M. Subpoena 194
1. Suboena duces tecum 194
2. Subpoena ad testificandum 194
3. Service of subpoena 194
4. Compelling attendance of witnesses; Contempt 194
5. Quashing of subpoena 195

N. Modes of Discovery 195

1. Deposition pending action; Deposition before action or 197


pending appeal
a) Meaning of deposition 198
b) Uses; Scope of examination 198
c) When may objections to admissibility be made 200
d) When may taking of deposition be terminated or 200
its scope limited

2. Written interrogatories to adverse parties 203


a) Consequences of refusal to answer 204
b) Effect of failure to serve written interrogatories 204

3. Request for admission 204


a) Implied admission by adverse party 205
b) Consequences of failure to answer request for 205
admission
c) Effect of admission 205
d) Effect of failure to file and serve request for 205
admission

4. Production or inspection of documents or things 206


5. Physical and mental examination of persons 207
6. Consequences of refusal to comply with modes of 208
discovery

O. Trial 210
1. Adjournments and postponements 211
2. Requisites of motion to postpone trial 212
a) For absence of evidence 212
b) For illness of party or counsel 212
3. Agreed statement of facts 212
4. Order of trial; reversal of order 213
5. Consolidation or severance of hearing or trial 215
6. Delegation of reception of evidence 217
7. Trial by commissioners 217
a) Reference by consent or ordered on motion 217
b) Powers of the commissioner 218
c) Commissioner’s report; notice to parties and 218
hearing on the report

P. Demurrer to Evidence 218


1. Grounds 219
2. Effect of denial 219
3. Effect of grant 219
4. Waiver of right to present evidence 219
5. Demurrer to evidence in a civil case versus demurrer 220
to evidence in a criminal case
Q. Judgments and Final Orders 221
1. Judgment without trial 225
2. Contents of a judgment 225
3. Memorandum Decision 227
4. Judgment on the pleadings 227
5. Summary judgments 228
a) For the claimant 229
b) For the defendant 229
c) When the case not fully adjudicated 230
d) Affidavits and attachments 230
6. Judgment on the pleadings versus summary 231
judgments
7. Rendition of judgments and final orders 232
8. Entry of judgment and final order 233

R. Post-judgment Remedies 234


1. Motion for new trial or reconsideration 235
a) Grounds 237
b) When to File 239
c) Denial of the motion; effect 240
d) Grant of the motion; effect 240
e) Remedy when motion is denied; Fresh 15-day 240
period rule

2. Appeals 243
a) Judgments and final orders subject to appeal 243
b) Matters not appealable 243
c) Remedy against judgments and orders which are 244
not appealable
d) Final Judgment Rule; Exceptions 244
e) Modes of appeal 244
(1) Ordinary appeal 248
(2) Petition for review 249
(3) Petition for review on certiorari 249
f) Issues to be raised on appeal 249
g) Period of appeal 250
h) Perfection of appeal 251
i) Participation of the Solicitor General during 251
appeal
j) Appeal from judgments or final orders of the MTC 251
k) Appeal from judgments or final orders of the RTC 254
l) Appeal from judgments or final orders of the CA 263
m) Review of judgments or final orders of the COA 263
n) Review of judgments or final orders of the 263
COMELEC
o) Review of judgments or final orders of the CSC 264
p) Review of judgments or final orders of the 264
Ombudsman
q) Review of judgments or final orders of quasi- 265
judicial agencies
r) Dismissal, reinstatement, and withdrawal of 266
appeal
s) Dual function of appellate courts 267
t) The “Harmless Error Rule” in Appellate Decisions 267
u) Relief from judgments or final orders and 267
resolutions
(1) Grounds for availing of the remedy 270
(2) Time to file action 271
(3) Contents of petition 272

3. Annulments of judgments or final orders and 272


resolutions
(1) Grounds for annulment 273
(2) Period to file action 273
(3) Effects of judgment of annulment 274

4. Collateral attack on judgments 275

S. Execution, Satisfaction and Effect of Judgments 276


1. Difference between finality of judgment for purposes 277
of appeal and for purposes of execution
2. When execution shall issue 277
a) Execution as a matter of right 277
b) Discretionary execution 278
3. How a judgment is executed 280
a) Execution by motion or by independent action 280
b) Issuance and contents of a writ of execution 284
c) Execution of judgments for money 285
d) Execution of judgments for specific acts 287
e) Execution of special judgments 288
f) Effect of levy on third persons 288
4. Properties exempt from execution 288
5. Proceedings where property is claimed by third persons 289
a) In relation to third party claim in attachment and 290
replevin
6. Rules on redemption 292
7. Examination of judgment obligor when judgment is 296
unsatisfied
8. Examination of obligor of judgment obligor 296
9. Effect of judgments or final orders 296
10. Enforcement and effect of foreign judgments or final 301
orders
REMEDIAL LAW
CIVIL PROCEDURE
PART 1
REMEDIAL LAW
CIVIL PROCEDURE
PART 1