SYLLABUS FOR CIVIL PROCEDURE

Atty. Victor Y. Eleazar

Rule 16 to 36

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

Rule 16, Rules of Court

Read: Herrera, Remedial Law Vol. 1, pp. 1004-1054
Note Art. 151, Family Code
Obando v. Figueras, 322 SCRA 148; J.O.S. Managing Builders, Inc. v.
United Overseas Bank Philippines, G.R. No. 219815, September 14,
2016
Film Development Council of the Philippines v. SM Prime Holdings
Inc., G.R. No. 197937, April 3, 2013
Caltex (Philippines), Inc. v. Aguirre, G.R. Nos. 170746-47, March 9,
2016
Pacana-Contreras v. Rovila Water Supply Inc.
Maramag v. Maramag
Heirs of Magdaleno Ypon v. Ricaforte, G.R. No. 198680, July 8, 2013,
700 SCRA 778
Apostolic Vicar of Tabuk v. Spouses Sison, G.R. No. 191132, January
27, 2016
Lansangan v. Caisip, G.R. No. 212987, August 6, 2018

I. Dismissal of actions
1. Dismissal upon notice by plaintiff; two-dismissal rule
2. Dismissal upon motion by plaintiff; effect on existing

Date of last revision: 8 February 2019

 counterclaim
3. Dismissal due to the fault of plaintiff
4. Dismissal of counterclaim, cross-claim or third-party
complaint

Rule 17, Rules of Court

Read: Herrera, Remedial Law Vol. 1, pp. 1055-1073
FAJ Construction v. Saulog, G.R. No. 200759, March 25, 2015
Macedonio v. Ramo, G.R. No. 193516, March 24, 2014
Ching v. Cheng, G.R. No. 175507, October 8, 2014
Blay v. Baña, G.R. No. 232189, March 7, 2018
Yap-Co v. Uy, G.R. No. 209295, February 11, 2015
Padilla v. Globe Asiatique Realty, G.R. No. 207376, August 6, 2014

J. Pre-trial
1. Concept of pre-trial
2. Nature and purpose
3. Notice of pre-trial
4. Appearance of parties; effect of failure to appear
5. Pre-trial brief; effect of failure to appear
6. Distinction between pre-trial in civil case and pre-trial
in criminal case
7. Alternative Dispute Resolution (ADR)

Rule 18, Rules of Court

Read: Herrera, Remedial Law Vol. 1, pp. 1074-1115
A.M. No. 03-1-09-SC, August 16, 2004
A.M. No. 12-8-8-SC or Judicial Affidavit Rule
A.M. No. 11-1-6-SC-Philja (Re: Consolidated and Revised
Guidelines to Implement the Expanded Coverage of CAM and
JDR
A.M. No. 14-03-02-SC (Piloting of a New System for Speedy Court
Trial), Rule 22 on Preliminary Conference
Sec. 13 (a) and (b), A.M. No. 02-11-10-SC
Sec. 10 (1) and (2), A.M. No. 02-11-11-SC
RA 876
RA 9285
Aguilar v. Lightbringers Credit Cooperative, G.R. No. 209605,
January 12, 2015

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

Rule 19, Rules of Court

Read: Herrera, Remedial Law Vol. 1, pp. 1116-1136
Mactan-Cebu International Airport Authority v. Heirs of Miñoza, G.R.
No. 186045, February 2, 2011
Añonuevo v. Intestate Estate of Rodolfo G. Jalandoni, G.R. No. 178221,
December 1, 2010
Otto Gmur Inc. v. Revilla, 55 Phil. 627
Saw v. Court of Appeals, 195 SCRA 170
Office of the Ombudsman v. Sison, G.R. No. 185954, February 16,
2010; See contrary rulings: Office of the Ombudsman v. Samaniego,
G.R. No. 175573, September 11, 2008; Office of the Ombudsman v. de
Chavez, G.R. No. 172206, July 3, 2013

L. Calendar of cases and Computation of Period

Rule 20, Rules of Court

Rule 22, Rules of Court
Read: Herrera, Remedial Law Vol. 1, pp. 1137-1144
Read: Herrera, Remedial Law Vol. 1, pp. 1155-1161

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

Rule 21, Rules of Court

Read: Herrera, Remedial Law Vol. 1, pp. 1145-1154
Chan v. Chan, G.R. No. 179786, July 24, 2013
People v. Montejo, L-24154, October 31, 1967
Yu v. Court of Appeals, G.R. No. 154115, November 29, 2005

N. Modes of discovery
1. Depositions pending action; depositions before action
or pending appeal
a) When depositions may be taken
 Rule 23, Sec. 1
b) What may be asked or the scope of examination
in the taking of the deposition
Rule 23, Sec. 2
c) Before whom the deposition can be taken
Rule 23, Sections 10, 11, 12, 13 and 14
d) Use of deposition
Rule 23, Sec. 4
e) In case deposition is used by any party
Rule 23, Sections 3, 6 and 9
f) Effect on the taking and use of deposition
Rule 23, Sections 5, 7 and 8
g) Oral deposition -- How is it done?
Rule 23, Sec. 15
1. Things done during the taking of the
deposition
Rule 23, Sections 17 and 19
2. What officer has to do after the deposition
has been taken
Rule 23, Sections 20, 21 and 22
h) Written deposition – How is it done?
Rule 23, Sec. 25
1. Things done during the taking of the
deposition
Rule 23, Sec. 26
2. What officer has to do after the deposition
has been taken
Rule 23, Sec. 27
i) Instances when court intervenes in oral
deposition proceeding:
1. Before the taking of the deposition
Rule 23, Sec. 16
2. During the taking of the deposition
Rule 23, Sec. 18
j) Instances when court intervenes in written
deposition taking
1. Rule 23, Sec. 28 – same as Sections 15, 16
and 18
2. To order that the deposition shall not be
taken before the officer designated in the
notice
 3. To order that it shall not be taken except
upon oral deposition
k) Sanctions
Rule 23, Sections 23 and 24
l) Effects of errors and irregularities in depositions
Rule 23, Sec. 29

2. Written interrogatories to adverse parties

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

Autographics Inc. v. CA, 224 SCRA 198

DFA v. BCA International Corp., G.R. No. 210858, June 29, 2016
Pajarillaga v. Court of Appeals, G.R. No. 163515, October 31, 2008
Cokaliong Shipping Lines, Inc. v. UCPB General Insurance Co. Inc.,
G.R. No. 146018, June 25, 2003
Dulay v. Dulay, G.R. No. 158857, November 11, 2005
Republic v. Sandiganbayan (Africa), G.R. No. 152375, December 16,
2011
Ayala Land Inc. v. Judge Tagle, G.R. No. 153667, August 11, 2005
Spouses Afulugencia v. Metrobank, G.R. No. 185145, February 5,
2014

3. Request for admission

a) Implied admission by adverse party
b) Consequences of failure to answer request for
admission
c) Effect of admission
d) Effect of failure to file and serve request for
admission
4. Production or inspection of documents or things
5. Physical and mental examination of persons
6. Consequences of refusal to comply with modes of
discovery
7. Compare with modes of discovery available in
criminal cases

Rules 23, 24, 25, 26, 27, 28 and 29, Rules of Court
Read: Herrera, Remedial Law Vol. II, 2006 Ed., pp. 1-77
Diman v. Judge Alumbres, G.R. No. 131466, November 27, 1998
Duque v. Yu, Jr., G.R. No. 226130, February 19, 2018
Eagleridge Development Corp. v. Cameron Granville 3 Asset
Management, Inc., G.R. No. 204700, April 10, 2013
Compare with Criminal Procedure: See Sec. 3 (b), 2nd paragraph,
Rule 112
See also Secs. 13 and 15, Rule 119

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

Rule 30, Rules of Court

Rule 31, Rules of Court
Rule 32, Rules of Court
Read: Herrera, Remedial Law Vol. II, pp. 78-95
Read: Herrera, Remedial Law Vol. II, pp. 96-102
Read: Herrera, Remedial Law Vol. II, pp. 103-109
A.M. No. 14-03-02-SC (Piloting of a New System for Speedy Court
Trial), Rule 24 on Trial of Issues
Yu v. Basilio Magno Construction, G.R. No. 138701-02, October 17,
2006
Republic v. Sandiganbayan, G.R. No. 152375, December 13, 2011,
662 SCRA 152
What if the cases are before different courts sitting in different
jurisdictions, is consolidation possible? See Delta Motors Sales
Corp. v. Mangosing, 70 SCRA 598; Superlines Transportation Co. v.
Victor, 124 SCRA 939; Vallacar Transit v. Yap, 126 SCRA 500
Metrobank v. Sandoval, G.R. No. 169677, February 18, 2013
Maraño v. Pryce Gases, Inc., G.R. No. 196592, April 6, 2015

P. Demurrer to evidence
 1. Ground
2. Effect of denial
3. Effect of grant
4. Waiver of right to present evidence
5. Demurrer to evidence in a civil case versus demurrer
to evidence in a criminal case

Rule 33, Rules of Court

Read: Herrera, Remedial Law Vol. II, pp. 110-112
See Rule 119, Sec. 23
Claudio v. Saraza, G.R. No. 213286, August 26, 2015
Republic v. de Borja, G.R. No. 187448, January 9, 2017

Q. Judgments and final orders

1. Judgment without trial
2. Contents of a judgment
3. Judgment on the pleadings
4. Summary judgments
a) For the claimant
b) For the defendant
c) When the case not fully adjudicated
d) Affidavits and attachments
5. Judgment on the pleadings versus summary
judgments
6. Rendition of judgments and final orders
7. Entry of judgment and final order

Rule 34, Rules of Court

Rule 35, Rules of Court
Rule 36, Rules of Court
Read: Herrera, Remedial Law Vol. II, pp. 113-117, 118-138, 139-
2003
Agoy v. Araneta Center Inc., G.R. 196358, March 21, 2012, 668 SCRA
883
Navarra v. Liongson, G.R. No. 217930, April 18, 2016
Multinational Village Homeowners’ Association v. Gacutan, G.R. No.
188307, August 2, 2017
Go v. East Oceanic Leasing and Finance Corp., G.R. No. 206841-42,
January 19, 2018
GSIS v. Prudential Guarantee and Assurance Inc., G.R. No. 165585,
November 20, 2013
Estrada v. Consolacion, 71 SCRA 523
Bank of Philippine Islands v. Yu, January 20, 2010
Heirs of Nicolas S. Cabigas v. Limbaco, 654 SCRA 643
Olivarez Realty Corp. v. Castillo, G.R. No. 196251, July 9, 2014
Basbas v. Sayson, 656 SCRA 151
Philippine National Bank v. San Miguel Corp., G.R. No. 186063,
January 15, 2014
Fernando v. Santamaria, December 10, 2004
Philippine Business Bank v. Chua, G.R. No. 178899, November 15,
2010
Imperial v. Armes, G.R. No. 178842, January 30, 2017

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