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2012 Remedial Law SYLABUS

2012 Remedial Law SYLABUS

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Published by Tiofilo Villanueva

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Published by: Tiofilo Villanueva on Nov 28, 2011
Copyright:Attribution Non-commercial


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I. General Principles
 A. Concept of remedial lawB. Substantive law as distinguished from remedial lawC. Rule-making power of the Supreme Court1. Limitations on the rule-making power of the Supreme Court2. Power of the Supreme Court to amend and suspend procedural rulesD. Nature of Philippine courts1. Meaning of a court2. Court as distinguished from a judge3. Classification of Philippine courts4. Courts of original and appellate jurisdiction5. Courts of general and special jurisdiction6. Constitutional and statutory courts7. Courts of law and equity8. Principle of judicial hierarchy9. Doctrine of non-interference or doctrine of judicial stability
II. Jurisdiction
 A. Jurisdiction over the parties1. How jurisdiction over the plaintiff is acquired2. How jurisdiction over the defendant is acquiredB. Jurisdiction over the subject matter1. Meaning of jurisdiction over the subject matter2. Jurisdiction versus the exercise of jurisdiction3. Error of jurisdiction as distinguished from error of judgment4. How jurisdiction is conferred and determined5. Doctrine of primary jurisdiction6. Doctrine of adherence of jurisdiction7. Objections to jurisdiction over the subject matter8. Effect of estoppel on objections to jurisdictionC. Jurisdiction over the issues
D. Jurisdiction over the res or property in litigationE. Jurisdiction of courts1. Supreme Court2. Court of Appeals3. Court of Tax Appeals4. Sandiganbayan5. Regional Trial Courts6. Family Courts7. Metropolitan Trial Courts/Municipal Trial Courts8. Shariah CourtsF. Jurisdiction over small claims, cases covered by the Rules on Summary Procedure andbarangay conciliationG. Totality rule
III. Civil Procedure
 A. Actions1. Meaning of ordinary civil actions2. Meaning of special civil actions3. Meaning of criminal actions4. Civil actions versus special proceedings5. Personal actions and real actions6. Local and transitory actions7. Actions in rem, in personam and quasi in remB. Cause of action1. Meaning of cause of action2. Right of action versus cause of action3. Failure to state a cause of action4. Test of the sufficiency of a cause of action5. Splitting a single cause of action and its effects6. Joinder and misjoinder of causes of actionC. Parties to civil actions1. Real parties in interest; indispensable parties;Representatives as parties; necessary parties; indigent parties; alternativeDefendants2. Compulsory and permissive joinder of parties3. Misjoinder and non-joinder of parties4. Class suit5. Suits against entities without juridical personality6. Effect of death of party litigant
D. Venue1. Venue versus jurisdiction2. Venue of real actions3. Venue of personal actions4. Venue of actions against non-residents5. When the rules on venue do not apply6. Effects of stipulations on venueE. Pleadings1. Kinds of pleadingsa) Complaintb) Answer(i) Negative defenses(ii) Negative pregnant(iii) Affirmative defensesc) Counterclaims(i) Compulsory counterclaim(ii) Permissive counterclaim(iii) Effect on the counterclaim when the complaint is dismissedd) Cross-claimse) Third (fourth, etc.) party complaintsf) Complaint-in-interventiong) Reply2. Pleadings allowed in small claim cases and cases covered by the Rules onSummary Procedure3. Parts of a pleadinga) Captionb) Signature and addressc) Verification and certification against forum shopping(i) Requirements of a corporation executing theverification/certification of non-forum shoppingd) Effect of the signature of counsel in a pleading4. Allegations in a pleadinga) Manner of making allegations(i) Condition precedent(ii) Fraud, mistake, malice, intent, knowledge and other conditionof the mind, judgments, official documents or actsb) Pleading an actionable documentc) Specific denials(i) Effect of failure to make specific denials(ii) When a specific denial requires an oath5. Effect of failure to pleada) Failure to plead defenses and objectionsb) Failure to plead a compulsory counterclaim and cross-claim6. Defaulta) When a declaration of default is properb) Effect of an order of default

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