Professional Documents
Culture Documents
Civil Procedure Outline-2
Civil Procedure Outline-2
Course Outline
1. Introduction
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Kinds of pleadings
Formal requirements of pleadings
Parts of a pleading
Verification when required
Formal, not jurisdictional
Kilusan-Olalia v CA 528 S 45 (2007)
Verification by Counsel
In-N-Out Burger, Inc. v Schwani Inc. 575 S 535
(2008)
Certification against forum-shopping in initiatory pleadings
Definition of Forum Shopping
Tokio Marine Malayan Insurance Compnay Inc.
et.al v Valdez GR No. 150107 28Jan2008
Negros Slashers v Teng 666 S 629
Counsel cannot sign certification; exception
Digital Microwave Corp. v CA GR 128550
16Mar2000
Guy v Court of Appeals GR 163707, September
15, 2006
Sy Chin v Court of Appeals GR 136233, November
23, 2000
Co-owner or Co-party may sign in behalf of co-owners or co-
parties
Cavila v Heirs of Clarita Cavile 400 S 255 (2003)
Distinction between non-compliance of verification and certification
against non-forum shopping requirement
Sari-sari Group of Companies, Inc. v Piglas Kamao
561 S 569 (2008)
Median Container Corp. v Metropolitan Bank &
Trust Co. 561 S 622 (2008)
Substantial requirements of pleadings
Sufficiency of allegations
Ultimate facts only
Remitere v Yulo 16 S 251
Philippine Stock Exchange v Manila Banking
Corp. 559 S 352 (2008)
Tests of sufficiency of complaint:
Can judgment be rendered if admitted?
Always reckon against grounds for dismissal
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Is bill of particulars applicable?
Read Philippine Bank of Communications v Trazo
500 S 242 (2006)
Test of sufficiency of responsive pleading
Not susceptible to summary judgment
Does not amount to confession of judgment
MUST tender an issue
Must specifically deny material allegations lest
they be deemed admitted
o Gaza et al vs Lim GR 126863 Jan 16, 2003
Defenses and objections MUST be pleaded either
in motion to dismiss or answer, else waived
Alternative causes of action or defenses may be pleaded even
if inconsistent with each other
Purpose of rule is to allow for complete
adjudication of any controversy
Counterclaims
Rule on permissive and compulsory counterclaims
Test to determine nature of counterclaim
Read: Namarco v Federation of United Namarco
Distributors Inc., 49 S 238
Bungcayao Sr v Fort Ilocandia 618 S 381
Calibre Traders Inc v Bayer Philippines 633 S 34
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-where applicable
-all actions, proceedings, incidents requiring presentation of
evidence before all courts except SC
-civil cases
-criminal cases
-penalty not more than 6 years
-where accused agrees, regardless of penalty
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Leobrera v CA 170 S 711 (1989)
Quirao v Quirao GR 148120, October 24, 2003
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Where final order or judgment not served on party or lawyer, said
judgment cannot become final or executory.
3.7. Summons
Rules on service is strictly construed, hence:
For actions in personam
against residents, service must be personal first then
substituted if unsuccessful or publication if whereabouts
unknown or temporarily outside the country
against non-residents, only personal service within the state
can confer jurisdiction over the defendant
For actions in rem or quasi in rem
against residents, same as above
against non-residents, personal service outside the country,
with leave of court, or publication with leave of court
For actions against domestic juridical persons, service only on those
enumerated in the statute is allowed
For actions against foreign juridical entity, service must be on
resident agent, government regulator, or any of officers, agents
within the country
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lack of jurisdiction over subject matter
Read La Naval v CA, 236 S 78
Ilocos Sur Electric v NLRC 241 S 36
Andaya v Abadia 228 S 705
Republic v Bantigue Point Development Corp 668 S
158
pendentia litis
Read Andersons Group v CA. 266 S 423
Ramos v Peralta, 203 S 412
Yap v Chua 672 S 411
res judicata
Read Vda de Cruzo v Cariaga, 174 S 330
Hacienda Bigaa Inc v Chavez 618 S 559
no cause of action
Read San Lorenzo v CA, 288 S 115
Calalang v IAC, 194 S 514
Perpetual v Fajardo, 233 S 720
City of Cebu v CA, 258 S 175
Remedy in case of granting/denial of motion to dismiss
Order denying motion to dismiss is interlocutory, hence proper
remedy is to appeal after a decision has been rendered
Read: Indiana Aerospace University v Commission On
Higher Education, 356 S 367
Bangko Silangan v CA, 360 S 322
Yutingco v CA, 386 S 85
Order granting motion to dismiss disposes of the case hence, appeal
under Rule 41 is applicable.
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3.10. Pre-trial
Definition
Anson Trade Center v Pacific Banking, GR No. 179999 17 Mar 2009
Interlining Corp. v Philippine Trust Co. 428 S 583 (2002)
Setting for Pre-Trial
Espiritu v Lazaro, GR. No.181020 20 Nov 2009
Polanco v Cruz, GR. No. 182426 13 Feb 2009
A.M. No. 03-1-09-SC
Failure to have Pre-trial
Madrid v Spouses Mapoy, GR. 150887 14 Aug 2009
3.12. Discovery
Compulsory process wherein litigants are forced, by court rules or orders,
to disgorge private information to adverse party
Purpose of discovery is to obtain knowledge of material facts within the
knowledge of the adverse party or of third parties; obtain admissions from
adverse parties and to inspect relevant documents, objects and property.
What are discoverable?
Limitations on discoverability
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Modes of discovery
Deposition
function
when may be availed of
Pajarilla v CA 570 S 347 (2008)
de bene esse (pending action)
perpetuam rei memoriam (prior to action)
who do you depose
Interrogatories to parties
effect of failure to serve written interrogatories
Requests for admission
Sime Darby Employees Association v NLRC 510 S 204
Production and inspection of things
Examination of persons
3.13. Trial
Order of trial
Reverse trial when complaint is admitted
Read Yu v Magpayo 44 S 163
Reverse trial also in criminal cases
When trial dispensed with; Absence of Party
o Republic v Vda de Neri GR 139588 March 4, 2008
o Sps Calo v Sps Tan GR 151266 November 29, 2005
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3.14. Consolidation
Test is common questions of fact or of law
Active v CA, 181 S 774
Superlines v Victor, 124 S 939
Steel Corporation of the Philippines v Equitable PCI Bank 635 S
403
Deutsche Bank AG vs Court of Appeals 667 S 82
Producers Bank of the Philippines v Excelsa Industries 669 S 470
Teston v DBP GR 144374 November 11, 2005
Gregorio Espinoza v UOB GR 175380 March 22, 2010
consolidation of civil and criminal cases
consolidation of cases on appeal
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Hearing on motion is only for determining whether issues are genuine
or not, not to receive evidence on the issues set up in the pleadings
motion is proven through affidavits, depositions and admissions
submitted by movant
Propriety of summary judgment
Natalia v Vallez, 173 S 536
Grand Farms v CA, 193 S 748
Monterey Foods Corp v Eserjose 410 S 627
Evangelista v Mercator Finance 409 S 410
Movant may be either party
3.18. Judgments
Requirements
written and signed by judge
must contain findings of facts and law applied
must contain a dispositive portion
filed with the clerk of court
rendition reckoned from filing with clerk
must be served on parties
may be amended before finality upon motion or motu proprio
entry upon finality
entry determines prescriptive periods
final judgment not subject to amendment
separability of judgments
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accident and mistake as ground must be based on well-
engendered belief ordinary prudence could not guard against
excusable negligence as ground will depend on circumstance
Newly discovered evidence
must be material and not discoverable during trial
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Final judgment versus final and executory judgment
Investment v CA 147 S 334
Test of a final judgment: Does it leave something for the court to do with
respect to the merits of the case?
Execution a matter of right when judgment final and executory, but only
upon motion
judgment becomes final by operation of law, i.e., when no appeal has
been taken within the period provided by law
enforcement of judgment (execution) is ministerial and mandatory once it
becomes final, subject to certain exceptions
execution before finality of judgment, only upon good reasons
BF Corp v Edsa Shangrila, 294 S 109
discretionary executions, when stayed
City of Manila v CA, 72 S 98
Valencia v CA, 184 S 561
execution before or after death of judgment obligor will depend on the
nature of the judgment, i.e. recovery of property v money judgments
4. APPEALS
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4.2. Who may appeal
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Cheesman v IAC, 193 S 93
Sumbingco v CA, 155 S 24
What is a question of law?
See Macawiwili and Land Bank cases below
petition for review on certiorari vs petition for certiorari
New York Marine v CA, 249 S 416
Ybanez v CA, 253 S 540
Rule on appeals summarized
Macawiwili Gold Mining and Devt Co v CA 297 S 602
Land Bank of the Philippines v Ramos 685 S 540
4.5. When does court lose jurisdiction relative to filing of notice of appeal
May notice of appeal be contested? Dismissed by court?
duty of court when notice of appeal filed
dilatory appeals
5. PROVISIONAL REMEDIES
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Davao Light & Water v CA, 204 S 343
Sievert v CA, 168 S 692
Carlos v Sandoval 471 S 266
Spouses Yu v Ngo Yee Te GR 155868
5.3. Receivership
When is receiver appointed?
object is preservation of property subject matter of litigation
powers of a receiver
5.4. Replevin
nature of a replevin suit
question involved is one of possession but ownership may be resolved if
raised
plaintiff (claim) and defendant (counterclaim) can petition for replevin
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Citibank v CA 304 S 679
Smart Communications v Regina Astorga GR 148132 January 28, 2008
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