SYLLABUS FOR CIVIL PROCEDURE

Atty. Victor Y. Eleazar

INTRODUCTION

Suggested textbooks: Herrera, Remedial Law, Volumes I, 2 and 3; Riano, Civil

Procedure, Volumes 1 and 2

I. General Principles
A. Remedial Law
1. History
2. Scope – laws and rules covered by the subject
Remedial Law
B. Concept of Remedial Law
1. Substantive Law
2. Procedural Law
3. Jurisdiction
4. Venue
C. Rule-making Power of the Supreme Court
Sec. 5, Article VIII, 1987 Constitution
Morales v. Court of Appeals, G.R. No. 217126-27, November 10, 2015
1. Limitations on the rule-making power of the
Supreme Court
Sec. 2 of Article VIII, 1987 Constitution
Sec. 30, Article VI, 1987 Constitution
Fabian v. Desierto, G.R. No. 129742, September 16, 1998, 295 SCRA
470
2. Power of the Supreme Court to amend and suspend
procedural rules
Neypes v. Court of Appeals, G.R. No. 141524, September 14, 2005, 469
SCRA 633.
Pinga v. Heirs of German Santiago, G.R. No. 170354, June 30, 2006,
494 SCRA 393
3. Power to suspend procedural rules
In Re: Petition for Recognition of the Exemption of the GSIS from
Payment of Legal Fees, A.M. No. 08-2-01-0, February 11, 2010
CMTC International Marketing Corp. v. Bhagis International Trading
Corp., G.R. No. 170488, December 10, 2012
McBurnie v. Ganzon, G.R. No. 178034, October 17, 2013
4. Retroactivity of procedural rules
Article 4, Civil Code

Date of last revision: 24 December 2018

 Sun Insurance Office Ltd. v. Asuncion, G.R. No. 79937-38, February
13, 1989
5. Basic principles in Jurisdiction
a. Jurisdiction
Duero v. Court of Appeals, G.R. No. 131282,
January 2, 2002, 373 SCRA 11
b. Equity jurisdiction
Rubio v. Alabata, G.R. No. 203947, February 27, 2014
Regulus Development Inc. v. dela Cruz, G.R. No. 198172,
January 25, 2016
c. Elements of Jurisdiction
(i) Jurisdiction over the subject matter or nature of the
case
(ii) Jurisdiction over the parties
(iii) Jurisdiction over the res
de Pedro v. Romasan Development Corp., G.R. No.
194751, November 26, 2014
d. Estoppel by jurisdiction
Figueroa v. People, G.R. No. 147406, July 14, 2008, 558 SCRA
63
Soliven v. Fastforms Philippines Inc., G.R. No. 139031,
October 18, 2004

6. Classes of Jurisdiction
a. Concepts
(i) General
(ii) Special or Limited
(iii) Original
(iv) Appellate
(v) Exclusive
(vi) Concurrence/confluent/coordinate
Puse v. Santos-Puse, G.R. No. 183678, March 15, 2010
b. Nature of Philippine Courts
(i) Meaning of a court
(ii) Court as distinguished from a judge
c. Classification of Philippine courts
d. Courts of original and appellate jurisdiction
e. Courts of general and special jurisdiction
f. Constitutional and statutory courts
g. Courts of law and equity
h. Principle of judicial hierarchy
Castro v. Carlos, G.R. No. 194994, April 16, 2013
Dy v. Bibat-Palamos, G.R. No. 196200, September 11, 2013
Querubin v. Comelec, G.R. No. 218787, December 8, 2015

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 i. Doctrine of non-interference or doctrine of judicial stability
(i) Doctrine of Judicial Stability
Yadno v. Anchales, G.R. No. 174582, October 11, 2012
Tan v. Cinco, G.R. No. 213054, June 15, 2016
del Rosario v. Ocampo-Ferrer, G.R. No. 215348, June 20,
2016
II. Jurisdiction
A. Jurisdiction in general
1. Meaning of jurisdiction over the subject matter
2. Jurisdiction versus the exercise of jurisdiction
Gonzales v. GJH Land, Inc., G.R. No. 202664, November
10, 2015
3. Error of jurisdiction as distinguished from error of judgment
4. How jurisdiction is conferred; how it is determined
5. Doctrine of primary jurisdiction
The Province of Aklan v. Jody King Construction and Development
Corp., G.R. No. 197592, November 27, 2013
Star Special Watchman v. Puerto Princesa City, G.R. No. 181792, April
21, 2014
Heirs of Mateo Pidacan v. Air Transportation Office, G.R. No. 186192,
August 25, 2010
6. Doctrine of adherence of jurisdiction
7. The facts alleged in the complaint and the law in force at the time
of commencement of action determine the jurisdiction
8. Objections to jurisdiction over the subject matter
9. Effect of estoppel on objections to jurisdiction
B. Jurisdiction over the parties
1. How jurisdiction over the parties is acquired
2. Jurisdiction over the subject matter
3. Distinguish jurisdiction over subject matter from jurisdiction over
person of the defendant
C. Jurisdiction of Courts
1. Supreme Court
a. Sec. 1, Art. VIII, 1987 Constitution
b. Internal Rules of the Supreme Court
Rule 2, Sec. 3; Sec. 11; Sec. 14
Rule 3, Sec. 1; Sec. 2; Sec. 3; Sec. 4
Rule 4, Sec. 1; Sec. 3
Rule 7, Sec. 1
Rule 9, Sec. 5
Rule 10, Sec. 2
Rule 13, Sec. 5; Sec. 6
Rule 15, Sec. 2; Sec. 3
Can the Supreme Court be a party to a case?

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 Can you appeal from a decision of a division of the SC to the
SC en banc?
2. Court of Appeals
a. Sec. 9 of BP 129, as amended by Rep. Act No.
8246
b. 2009 Internal Rules of the Court of Appeals
Rule I, Sec. 1; Sec. 2; Sec. 3; Sec. 4; Sec. 5
Re: Letter complaint of Merlita B. Fabiana against
Presiding Justice Andres B. Reyes, Jr., et al., A.M.
No. CA-13-15-J, July 2, 2013
c. RA 9160 (Anti-Money Laundering Act) as
amended by RA 9160; RA 9194, RA 10167 and
RA 10365: Sec. 5, Sec. 10 and Sec. 11
3. Court of Tax Appeals
a. Rep. No. 9503
b. Rep. Act No. 9282 amending RA 1125
c. CTA Rules of Procedure
Rule 2, Sec. 1; Sec. 2; Sec. 3
Rule 4
Rule 7
Rule 8
City of Manila v. Judge Cuerdo, G.R. No. 175723,
February 4, 2014; concept of split jurisdiction
CE Casecnan Water and Energy Co. Inc. v. The Province of
Nueva Ecija, G.R. No. 196278, June 17, 2015
Napocor v. Municipal Government of Navotas, 748 SCRA
473
Salva v. Magpile, G.R. No. 220440, November 8, 2017
4. Sandiganbayan
a. Rep. Act No. 8249 as amended by RA 10660
b. Revised Internal Rules of the Sandiganbayan
5. Regional Trial Courts
a. Sec. 20 of BP 129 as amended by Rep. Act No.
7691
b. Other laws which specifically lodge jurisdiction
in the RTC:
(i) Special Agrarian Courts under Sec. 56 of RA 6657, as
amended
c. Sec. 21 of BP 129 as amended
d. Sec. 20 of BP 129, as amended (appellate jurisdiction over all
cases decided by the MTCs in their respective territorial
jurisdiction

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e. In areas where there are no family courts, the cases falling
under the jurisdiction of family courts shall be adjudicated
by the RTC
f. Sec. 23 of BP 129, as amended (Special jurisdiction to try
special cases). Examples: Article XI, Sec. 90 of RA 9165; Sec.
56 of RA 6657, as amended by RA 9700
g. Sec. 24 of BP 129, as amended (Special Rules of Procedure)

INCAPABLE/CAPABLE OF PECUNIARY ESTIMATE

Lu v. Lu Ym Sr., G.R. No. 153690, August 26, 2008; Resolution
dated August 4, 2009; Resolution En Banc dated February 15, 2011
Read: Herrera’s critique on the confusing test in classification of
actions – capable or incapable of pecuniary estimation
See: Sections 416 and 417 of RA 7160
First Sarmiento Property Holdings, Inc. v. Philippine Bank of
Communications, G.R. No. 202836, June 19, 2018
Mijares v. Hon. Ranada, G.R. No. 139325, April 12, 2005
Ortigas & Co. Ltd. v. Herrera, G.R. No. L-36098, January 21, 1983
Villena v. Payoyo, G.R. No. 163021, April 27, 2007
Iniego v. Purganan, G.R. No. 166876, March 24, 2006
Sebastian v. Lagmay Ng, G.R. No. 164594, April 22, 2015
Saraza v. Francisco, G.R. No. 198718, November 27, 2013
BPI v. Hontanosas, Jr., G.R. No. 157163, June 25, 2014

RTC or LABOR COURTS

Daichi Electronics Manufacturing v. Villarama, G.R. No. 112940,
November 21, 1994

RTC or MTC
Geonzon vda. De Barrera v. Heirs of Vicente Legaspi, G.R. No. 174346,
September 12, 2008, 565 SCRA 192
Genesis Investment Inc. v. Heirs of Celerino Ebarasabal, G.R. No.
181622, November 20, 2013

RTC or HLURB
Eugenio v. Sta. Monica Riverside Homeowners Association, G.R. No.
187751, November 22, 2010
Christian General Assembly v. Ignacio, G.R. No. 164789, August 27,
2009
Banco de Oro Unibank, Inc. Sunnyside Heights Homeowners
Association, Inc., G.R. No. 198745, January 13, 2016

SPECIAL COMMERCIAL COURTS

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 Medical Plaza Makati Condominium Corp. v. Cullen, G.R. No. 181416,
November 11, 2013
Calleja v. Panday, G.R. No. 168696, February 28, 2006, 483 SCRA 680
Gonzales v. GJH Land, Inc., G.R. No. 202664, November 10, 2015
Concorde Condominium Inc. v. Baculio, G.R. No. 203678, February 17,
2016

SPECIAL COURTS FOR INTELLECTUAL PROPERTY RIGHTS

SC Adm. Order No. 113-95; revoked by A.M. No. 03-03-03-SC July
1, 2003, as amended on November 16, 2015

SPECIAL AGRARIAN COURTS

RA 6657, Sections 56 and 57
Land Bank v. Dalauta, G.R. No. 190004, August 8, 2017

DEMAND EXCEEDS 300T/400T THRESHOLD

Iniego v. Judge Purganan, G.R. No. 166876, March 24, 2006
Sante v. Claravall, G.R. No. 173915, February 22, 2010
Cabrera v. Francisco, G.R. No. 172293, August 28, 2013

INSURANCE COMMISSION
PD 612 as amended by RA 10607, Sec. 439

6. Family Courts
a. Rep. Act No. 8369 (Family Courts Act of 1997)
b. RA 9344 as amended by RA 10630, Sec. 6
c. Rep. Act No. 7610, as amended by Rep. Act No. 7658
d. Rep. Act No. 9262

Garcia v. Drilon, G.R. No. 179264, June 25, 2013

SUMMARY JUDICIAL PROCEEDINGS
Republic v. Narceda, G.R. No. 182760, April 10, 2013

7. Metropolitan Trial Courts/Municipal Trial Courts

a. Sec. 32 of BP 129, as amended
b. Sec. 35 of BP 129, as amended

Cabiling v. Dangcalan, G.R. No. 187696, June 15, 2016

Quinagoran v. Court of Appeals, 531 SCRA 104
Cabrera v. Clarin, G.R. No. 215640, November 28, 2016
Foronda-Crystal v. Son, G.R. No. 221815, November 29, 2017;
compare to Trayvilla v. Sejas, G.R. No. 204970, February 1, 2016

8. Shariah courts

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 PD 1083

Villagracia v. Fifth Shari’a Disctrict Court, G.R. No.

188832, April 23, 2014
Tomawis v. Balindong, 614 SCRA 354

9. Rules on Summary Procedure

a. Sec. 36 of BP 129, as amended
b. Revised Rules on Summary Procedure

Rosales v. Court of Appeals, G.R. No. 95697, August 5,

1991, 200 SCRA 300
Teraña v. de Sagun, 587 SCRA 60

DOCTRINE OF PROCEDURAL VOID

Go v. Court of Appeals, G.R. No. 128954, October 8, 1988

10. Rules on Barangay Conciliation

a. Adm. Circular No. 14-93
b. Secs. 399-422, Chapter VII, Title I, Book III, and Sec. 515, Title
I, Book IV, R.A. 7160

Abagatnan v. Clarito, G.R. No. 211966, August 7, 2017

Spouses Valdez v. Tabisula, G.R. No. 175510, July 28, 2008

11. Small Claims Court

As amended by A.M. No. 08-8-7-SC, effective February 1, 2016; amended
further on 10 July 2018

A.L. Ang Network Inc. v. Mondejar, G.R. No. 200804, January

22, 2014

oooOOOooo
End of Introduction