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Saint Louis University

SCHOOL OF HUMANITIES
A. Bonifacio St., Baguio City, Philippines

DEPARTMENT OF POLITICAL AND SOCIAL SCIENCES


Introduction to Legal Procedure (LS 27)
OBJECTIVES OF THE SCHOOL
The School of Humanities is envisioned as a person-oriented
academic community providing a liberating and transforming program of
liberal education committed to form competent, creative, researchoriented, socially involved, and Christian-Spirited professionals in their
chosen fields of specialization.
Christian Spirit: To develop a sense of responsibility and sensitivity
for others in the spirit of Christian understanding and brotherhood.
To inculcate a Christian perspective in the articulation of
humankinds role in the world.
Creativity: To arouse in the students the appreciation of order and
beauty.
To cultivate the scientific outlook, creative and critical thinking, and
understanding of past and present events.
Competence: To sharpen the students intellectual equipment
through habits of persistent effort and work.
Social Involvement: To stress the value of community through the
realization that individual growth is effected in society and affects society.
To inculcate a deep sense of national identity through the study of
Philippine culture and values.
I.

DESCRIPTIVE TITLE:
Introduction to Legal Procedure

II.

COURSE NUMBER:
LS 27

III.

PREREQUISITE SUBJECTS
LS 1, 6, 9, 15

IV.

COURSE DESCRIPTION:

This course introduces students to the understanding of the concept


of jurisdiction as a power of the courts and the different jurisdictions of the
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Saint Louis University


SCHOOL OF HUMANITIES
A. Bonifacio St., Baguio City, Philippines

courts in the Philippines. It will give the students the knowledge of


procedure and remedies available to a litigant in court. The focal point of
this course is to give a sufficient foundation on the aspect of jurisdiction
and a basic knowledge on Civil Procedure, Criminal Procedure and Special
Proceedings. It is therefore important that the instructor will be able to
present the principles regarding procedures in court
V.

COURSE OBJECTIVES

With the lectures, readings, class discussions, and various activities,


the student is expected to be able to develop the desired knowledge,
skills, attitudes and values espoused by the University.

VI.

To have sufficient knowledge on matters of Jurisdiction of the


courts in the Philippines.
To know the different remedies available to litigants in a
criminal and civil cases.
To acquire understanding on court processes and procedures
and how are cases being heard and decided in court.

COURSE CONTENT
Content

Prelim
I. INTRODUCTION
A. Definition of Terms;
Distinctions
1. Substantive Law and
Remedial Law
2. Constitutional mandate
on Judicial power; Power
of Judicial Review; Biraogo
v. The Philippine Truth
Commission, Gr.

Numbe
r of
Meetin
gs
(One
hour
per
meetin
g)

18
Meetin
gs

Strategies

Lecture-discussion
Socratic method
Graded recitation
Group dynamics
Creative
presentation
Supreme Court
decided cases
presentation
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Saint Louis University


SCHOOL OF HUMANITIES
A. Bonifacio St., Baguio City, Philippines

No.192935, Lagman
et.al.v. Ochoa, Gr. No.
193036, 7 December
2010
3. Requisites of Judicial
Review
4. Grave abuse of discretion
5. Justiciable Question and
Political Question; 2
Aspects of Political
Question
6. Functions of judicial
Review
7. Jurisdiction and Judgment
8. Requisites for a valid
exercise of jurisdiction
9. Estoppel by Laches; Tijam
vs. Sibonghanoy Gr. No. L21450, April 15, 1968
10. Jurisdiction and
Exercise of Jurisdiction
11. Error of Jurisdiction and
Error of Judgment
B. Classification of Jurisdiction
1. As to cases tried
2. As to nature of the cause
3. As to nature and extent of
exercise
4. As to situs
C. Courts of law and Courts of
Equity; US v. Tamporong, 31 Phil 321
D. Constitutional court and
Statutory court
E. Superior court and Inferior Court
F. Court of Record
G. Policy of Judicial Hierarchy

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Saint Louis University


SCHOOL OF HUMANITIES
A. Bonifacio St., Baguio City, Philippines

H. Doctrine of Judicial Stability or


Non-Interference; General Rule
and Exception
I. Doctrine of Adherence to
Jurisdiction/Continuity of
Jurisdiction
J. Exclusionary Principle in
jurisdiction
K. Doctrine of Primary Jurisdiction/
Doctrine of Exhaustion of
Administrative Remedies; Villaflor
v. CA, Gr. No. 95694, 8 October
1997
L. Doctrine of Ancillary Jurisdiction
II.

Justice and Judges


A. Qualifications
1. Justices of Collegiate Courts
2. Judges of Regional Trial Court
3. Judges of Municipal Trial
Courts
B. Composition of Collegiate
Courts; Appointments; Term
of Office
C. Appointments and Term of
Office of Judges
D. Judicial and Bar Council;
Composition; Functions

III.

The Philippine Courts and their


Jurisdiction
A. Civil Cases on Original,
Concurrent and Appellate
Jurisdictions
1. Supreme Court
2. Court of Appeals
3. Regional Trial Court
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Saint Louis University


SCHOOL OF HUMANITIES
A. Bonifacio St., Baguio City, Philippines

4. Special Jurisdiction of
Regional Trial Court
5. Municipal Trial Court
6. Special Jurisdiction of
Municipal Trial Court
B. Criminal Cases on Original,
Concurrent and Appellate
Jurisdictions
1. Supreme Court
2. Court of Appeals
3. Regional Trial Court
4. Municipal Trial Court
C. Other Statutory Courts
1. Sandiganbayan
2. Court of Tax Appeals
IV.

Civil Procedure
A. Definition; Action and Claim;
Civil Action, Criminal Action and
Special Proceedings
B. Classification of Actions
1. as to nature
2. as to object
3. as to cause
4. as to the place of filing
C. Cause of action and Right of
Action; Requisites
1. Joinder of causes of action
2. Splitting of cause of action
D. Commencement of an
action; Filing of the civil case
E. Parties to a civil action;
Requirements
1. Indispensable Party
2. Necessary Party
3. Representative Party
4. Pro forma parties
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Saint Louis University


SCHOOL OF HUMANITIES
A. Bonifacio St., Baguio City, Philippines

5. Quasi-parties
F. Venue of Actions; Venue v.
Jurisdiction
G. Kinds of Pleadings; Parts of
Pleading
H. Summons; Motions; Motion
to dismiss
I. Pre-trial; Trial; Judgment
1. Doctrine of Res Judicata; 2
parts
2. Annulment of Judgment
3. Motion for New Trial
4. Motion for Reconsideration
Midterm
J. Appeals
1. Modes of Appeal; Rule 40Rule 45 of the Rules of Court
2. Difference of Petition for
Review on Certiorari (Rule 45)
and Special Civil Action of
Certiorari (Rule 65) of the Rules
of Court

16
Meetin
gs

Lecture-discussion
Socratic method
Graded recitation
Group dynamics
Creative
presentation
Supreme Court
decided cases
presentation

K. Provisional Remedies (Rules


57-61)
L. Special Civil Actions (Rules
62-71)
V.

Criminal Procedure
A. Criminal Law and Criminal
Procedure
1. Systems of Criminal
Procedure
2. Criminal Jurisdiction
3. Requisites for a valid exercise
of Criminal Jurisdiction
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Saint Louis University


SCHOOL OF HUMANITIES
A. Bonifacio St., Baguio City, Philippines

B. Prosecution of offenses
1. Criminal action; Institution of
Criminal action
2. Complaint v. Information;
Contents of a valid complaint
and information
3. Rule on amendments and
substitution
4. Powers, Functions of the
Prosecutor; Department of Justice
5. Prosecution of private crimes
6. Venue
7. Prosecution of Civil actions;
Prejudicial question
C. Preliminary Investigation
1. Definition; Purpose;
Procedure; Remedies
2. Persons authorized to
conduct a preliminary
investigation
3. Rights of a person in
Preliminary investigation
4. Inquest Proceedings
D. Arrest and Search warrants
1. Constitutional Provision;
Definitions; Requisites
2. Modes of arrest and search
3. Warrant of Arrest and search
warrant; Definition; Issuance
4. Exceptions; Lawful
warrantless search and arrest
E. Bail
1. Constitutional Provision on
Bail; Definition; Requisites
2. Forms of bail; Conditions
3. Bail as a matter of right;
exceptions
4. Filing of bail; increase and
reduction; forfeiture of bail
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Saint Louis University


SCHOOL OF HUMANITIES
A. Bonifacio St., Baguio City, Philippines

5. Cancellation and arrest of an


accused out on bail
Finals
F. Rights of the Accused
1. Constitutional provision;
Elements of Criminal due
process
2. Rights of the accused at the
trial
3. Arraignment and Plea;
Definitions; how made?
4. Entry of plea; Plea of not
guilty

13
Meetin
gs

Lecture-discussion
Socratic method
Graded recitation
Group dynamics
Creative
presentation
Supreme Court
decided cases
presentation

G. Motion to quash
1. Definition; requisites; When
to quash? General Rule;
Exception
2. Grounds for Motion to quash
3. Double Jeopardy; Definition;
Requisites
4. Provisional Dismissal
H. Pre-trial; Trial; Order of trial;
Judgment
1. Definitions; Doctrine of
continuous trial
2. Discharge of an accused to
be state witness; Requisites
3. Contents of judgment
4. Civil liability in case of
acquittal
5. Promulgation of judgment;
Rules; In absentia
I. Motion for New Trial or
Reconsideration
J. Appeals
1. Modes of Review
2. Provisional remedies in
Criminal cases

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Saint Louis University


SCHOOL OF HUMANITIES
A. Bonifacio St., Baguio City, Philippines

VI. Legal Procedure in Special


Proceedings
A. Special proceeding defined;
Jurisdiction; Venue
B. Settlement of estate and
Probate
C. Guardianship and Trustee
D. Adoption
E. Change of Name;
Cancellation or Correction of
entries in the Civil Registry; RA
9048
F. Rules on Declaration of
Absolute Nullity of void
marriages and Annulment of
Voidable marriages
G. Rules on Legal Separation
F. Writ of Amparo, Writ of
Habeas Data
VII.

COURSE REQUIREMENTS
A.
B.
C.
D.
E.
F.
G.

VIII.

Creative presentation
Teaching demonstration
Quizzes, seatwork, group works
Graded recitation
Attendance
Active participation in class and group discussions
Major exams

GRADING SYSTEM
Has adopted the grading system stipulated in the SLU faculty
handbook
60% Class standing (exercises, quizzes, assignments)
40% Major exam
100% Total

IX.

REFERENCES

Fundamentals on Civil Procedure;2005 ed. Willard Riano


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Saint Louis University


SCHOOL OF HUMANITIES
A. Bonifacio St., Baguio City, Philippines

Civil Procedure by Emiliano Gayo


Rules of Civil Procedure by Reynaldo U. Agranzamendez
Criminal Procedure by Ricardo J. Francisco
Criminal Procedure by Willard Riano; 2011 Ed.
Reviewer in Criminal Procedure by Pros. Alfredo Centeno
Special Proceedings, Monroe Tabingan, 2005 Ed.
Rules of Court
Supreme Court Reports Annotated

Noted by:
Dr. Cheryl Taclawan
Political and Social Sciences Department Head
Approved by
Lilian G. Gandeza, Ph.D, RGC
Dean- School of Humanities

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