UNIVERSITY OF SAN CARLOS COLLEGE OF LAW Cebu City SYLLABUS IN CIVIL PROCEDURE (Second Semester, S.Y. 2019-2020) Course : LLB 431 Credit Four (4) units Professor Atty. Renato M. Galeon rs COURSE DESCRIPTION: This course delves into Civil Procedure, which, in the main, prescribes the means and methods of setting the courts in motion in respect to handling and disposing of civil cases, LEARNING OBJECTIVES: ‘At the end of the course, the students are expected to: + Dichotomize the complex processes or steps in instituting and/or defending and in handling civil cases at the trial court level and at the appellate courts. level; *. Judiciously and independently dissect the procedural, legal and factual issues * in the assigned cases and logically infer the rationale of the rulings rendered therein, with the end in view that thay may be able to correctly demonstrate and actually apply the legal principles whenever a legal situation presents itself LEARNING APPROACHES, STRATEGIES & TECHNIQUES: «© This course will be conducted employing, in the main, the Socratic teaching method, as well as problem-based learning. * Students will be then required to read and know by heart the Revised Rules of Civil Procedure (as amended by A.M. No. 19-10-20-SC), text books, other reference materials, as well as relevant cases decided by the Supreme Court, * Students will be required to conduct extensive research on a given topic or cases;* They are to judiciously evaluate or dissect the procedural, legal and factual issues in an assigned case or cases and infer the wisdom or rationale of the decisions rendered therein and identity the legal principles laid down therein; * They are to articulate their own understanding of the procedural, legal and factual issues in the assigned cases. LEARNING APPROACHES, STRATEGIFS & TECHNIQUES: With the end in view of achieving the foregoing objectives, this course will be conducted employing, in the main, the Socratic. method, as well as problem-based learning. Students will be required to read the Revised Rules of Civil Procedure (as amended by A.M, No. 19-10-20-SC), text books, other reference materials, and, more importantly, cases decided by the Supreme Court. At random and without observing the particular order by which the cases are enumerated in the list, the students will then be required to recite, or report on, cases that they have read, During such oral recitations, the students are expected to state the facts of a given case, identify the procedural or legal issues involved therein, and state the ruling thereon. The students will be interpellated, if only to evaluate their knowledge and understanding of the wisdom of the decision. Likewise, the students will be made to recite and interpellated on the basic provisions on the Revised Rules of Civil Procedure. Through this approach, the students will be able to express and articulate their views, This exercise will also equip the students with the mental and psychological preparedness required of legal advocates, inside or outside of the courtroom, Atthe end of the oral recitations on a particular topic or subject matter, there will be a lecture geared towards harmonizing the seemingly conflicting case rulings and for the purpose of explaining those issues that were not fully understood by the students. ‘There will also be four (4) major written examinations in this course, wherein, other than being asked to answer multiple-choices questions, the students will be asked to answer case problems. Such case problems would require cireumspect analysis and application of the rules, the laws and legal principles that the students have acquired, Through these written examinations, the students will be able to display their analytical thinking, logic, and reasoning, and express their legal opinion. MATERIALS/RESOURCES: Primary course materials are: (i) The Revised Rules of Civil Procedure (as amended by AM. No. 19-10-20-SC); (ii) cases assigned; and (iii) textbooks on Remedial Law Secondary course materials are commentaries, articles, and insights obtained from practical field experiences and interaction with lawyers engaged in trial practice. At their election, the students may utilize any of the following text books, viz: as Remedial Law books by Willard Riano Be: Remedial Law by RegaladoEVALUATIVE MEASURES: To measure students’ legal knowledge an¢ aptitude, this course will employ the following assessment criteria: * Oral recitation, the passing grade of which is 75%; * Four Written Examinations (Preliminary Examination; Midterm Examination; Pre-Final Examination; Final Examination), the passing score of which is pegged at 75%. GRADING SYSTEM: Grade: Midterm Exam (20%) MidtermExam (20%) Pre-Final Exam (20%) Final Exam (20%) Oral Recitation (20%) Nota bene: For purposes, however, of giving out the students’ midterm grades, only their scores/grades for the first and major examinations will be factored in. LEARNING CONTENT: Subject to further modifications, hereunder is the purported coverage of this course: IL. CIVIL PROCEDURE A. THE PERTINENT RULES * The 1997 Rules of Civil Procedure, as amended * Republic Act No, 7691 (1994) amending Batas Pambansa Big. 129 (1980); * SC Administrative Circular 09-94; * Interim Rules Relative to Implemertation of BP 129 (SC Resolution dated January 11, 1983); * 1991 Revised Rule on Summary Procedure, Section 1, Part A (1991); * Const. (1987), art. VIII, sec. 5(5); * Interim Rules of Procedure on Corporate Rehabilitation (2000); * Interim Rules of Procedure Governing Intra-Corporate Controversies under RA No. 8799; * Republic Act No. 8799; * The Local Government Code, B. GETTING STARTED (GENERAL PROVISIONS, DEFINITIONS, ACTIONS) 1, Inwhat courts applicable (Rule 1, Section 2) 2. Gases governed (Rule 1, Section 3)a. 3. Civil action distinguished from Special proceedings/Significance of the distinction y 4, Classification of Civil Action i ordinary civil action ii, special civil action 5. Kinds of ordinary civil action i. real action vs. personal action vs. mixed ii, action in rem vs. action in personam vs. action quasi in rem 6. Relevance of the distinction irule on venue (Rule 4) ii. rule on the service of summons by publication (Rule 14, Section 15) 7. Objective of the rules/construction (Rule 1, Sec. 6) JURISDICTION 1. ‘Jurisdiction 2. Distinguish jurisdiction from exercise of jurisdiction/legal effects 3. __ Jurisdiction conferred by constitution/law; cannot be fixed by the parties; cannot be acquired through, or waived, enlarged or diminished by, any act or omission of the parties; neither is it conferred by acquiescence of the court 4. Principle of estoppel to question jurisdiction/Effect of active participation in the proceedings 5. Principle of estoppel to question jurisdiction applies only where: 6. Different senses in the use of jurisdiction/distinctions/how acquired i _ jurisdiction over the subject matter ii, jurisdiction over the issue iti jurisdiction over the res (property) iv, jurisdiction over the person The facts alleged in the complaint and the law in force at the time of the commencement of the action determines the jurisdiction of the court; jurisdiction does not depend on the allegations in the answer/motion to dismiss Jurisdiction of regular courts Supreme Court Court of Appeals Regional Trial Courts Metropolitan Trial Courts Katarungang Pambarangay eeeD. VENUE (Rule 4) 0) (i) any .(w) 0) ow venue distinguish from jurisdiction venue of real actions; when two (2) or more real properties are involved venue of personal actions venue of actions against non-residents when rule not applicable venue for civil actions arising from libel E. PLEADINGS AND FORMAL REQUIREMENTS 43 2 10, 11, In general/kinds of pleadings Initiatory pleadings a, Complaints b. Third/Fourth Party Complaints c. Counterclaim d. Crossclaim Responsive pleadings a. Answers b. Reply ¢, Rejoinder Parts of pleadings Requirement of verification i requirement only formal, nct jurisdictional it, distinguish from certification of non-forum shopping When is there forum-shopping/forms of forum-shopping Evil sought to be avoided by the rule Test of Forum-Shopping ‘Two (2) distinct requirements i Certification of Non-Forum Shopping ii, Avoidance of Forum-Shopping Requirement of certification against Forum Shopping (Rule 7, sec. 5) i. In which pleadings applicable ii, Who should sign the certification iti, Remedy if party or not all parties are able to sign iv, Exception to the requirement that all parties must sign v, Requirement mandatory but not jurisdictional vi. Contents of the certification vii, Proof of authority , Non-compliance with requirement of certification not curable by amendments (Rule 7, section 5) Sanctions in case of violations of the rule12, When to raise objection to non-compliance with the requirement 13. _ Notice of Lis Pendens/Notice of Adverse Claim F. PARTIES (Rule 3) (sources (i) parties in interest (Sectign 2, Rule 3) (iif) _ permissive joinder of parties (Section 6, Rule 3) (iy) compulsory joinder of indispensable parties (Section 7, Rule 3) (%)__-Remedy if co-plaintiff is unwilling to join (Section 10, Rule 3) (x) Dropping of parties (vil) Death of party (Section 16 and Section 20, Rule 3) (viii) Bifect of transfer pendente lite; remedy (Section 19, Rule 3) (ix) Notice to the Solicitor General (Section 22, Rule 3) G, THE THEORY OF THE CASE/CAUSE OF ACTION (1) Condition precedent (2) Cause of action (3) Manner of making allegations H, COMMENCEMENT OF ACTION (A) Commencement of Action (Section 5, Rule 1) (1) Payment of filing/docket fee; effect of non-payment (Rule 141) (2) Rule when the court awarded damages more than that claimed in the pleading (Section 2, Rule 141) (B) Issuance and Service of Summons (1) Generally (Rule 14, secs. 1, 2, 3,4, 5, 17) (2) Persons susceptible to service a. Generally b, Entity without juridical personality ©, Associations d. Corporations ®. Minors, insane, incompetenté f. Prisoners & Spouses h: Unknown defendant i, Resident temporarily abroadJ. Non-resident (3) Modes of service a. Personal b. Substituted b. Extraterritorial service (4) Waiver of service (5) Proofof service (C) Filing and Service of Pleadings, Judgments and other Papers (Rule 13) I, HOW TO PLEAD/EFFECT OF FAILURE TO PLEAD (A) Motions in general (Rule 15) (B) Bill of Particulars (Rule 12) (C) Extension of Time to Plead (Rule 11) (D) Filing of an Answer (E) Reply/Rejoinder (F) Effects of failure to plead (G) Judgment by default/limitations J. DISMISSALS WITHOUT TRIAL A. Dismissal of Actions (@ Motion to Dismiss (Rule 16 but this is either deleted or transposed) (ii) Upon plaintiff's instance (iti) Upon defendant's instance due to failure to prosecute (iv) Upon Court's instance (v) Dismissal of counterclaims, cross-claims, third-party complaints (Rule17, Sec. 4) (vi) Effects of dismissal B, Judgment on the Pleadings (Rule 34)G, Summary Judgments (Rule 35) “D. Compromise Agreements /Judgments on Compromise K. PRE-TRIAL A, Prectrial () AM, No, 03-1-09-SC (Rule on Guidelines to be Observed by Trial Court Judges and Clerks of Court in the Conduct of Pre-trial and Use of Deposition-Discovery Measures) (ii) Nature and purpose (iii) Duty to ask for pre-trial conference (Rule 18, sec. 1) (iv) Appearances required (v) Procedure (vi) Consequences (vil) Pre-trial Order B, Matters to be taken up during pre-trial conference () Mediation and Conciliation (i) Amendment of Pleadings (iii) Modes of Discovery L. TRIAL/DEMURRER TO EVIDENCE A. Trial (Rule 30) B, Trial by Commissioner (Rule 32) C. Consolidation or Severance (Rule 31 vis Rule 2, sec. 5, Rule 3, sec. 6) D. Demurrer to Evidence (Rule 33) M. JUDGMENTS A. Form B. Various types of judgments (1) As to parties (2) Asto finality (3) As to mode of procurement A, Judgment on the pleadingsB, Judgment on Demurrer to the Evidence C. Summary judgments D, Default judgments E, Judgments after ex parte presentation of evidence F. Compromise Judgment G. Orders of dismissal (4) As to claims (5) Asto how executed C. Amendments of Judgment N,. REMEDIES FROM JUDGMENTS A, Review and correction by the trial court of its own judgments, orders or _ Proceedings (1) Motion for Reconsideration or for New Trial (2) Petition for Relief from Judgments B, REVIEW AND CORRECTION BY ANOTHER COURT IN AN INDEPENDENT ACTION (1) Annulment of Judgments (direét attack) (2) Collateral attack C, APPELLATE PROCEEDINGS; REVIEW AND CORRECTION BY ANOTHER COURT ON APPEAL (2) Generally (2) Nature and subject of appeal (3) SCA of Certiorari distinguished from Appeal by Certiorari (4) What may be appealed (8) What may not be appealed (8) Periods (9) Modes of Appeal 0, EXECUTION, SATISFACTION AND EFFECT OF JUDGMENTS A, EFFECT OF FINAL AND EXECUTORY JUDGMENT [1] Generally; execution on final judgments or orders [2] Discretionary execution B, EFFECT OF APPEAL OR REVERSED JUDGMENT [4] Execution pending appeal {2] Stay of discretionary execution [3] Effect of reversal of executed judgment C. EXECUTION OF PARTICULAR JUDGMENTS [1] Execution of judgments for money [2] Execution of judgment for specificact [3] Execution of special judgments D. PROPERTY EXEMPT FROM EXECUTION E. PROCEDURE () Option of the judgment obligor to choose (ii) Notice of sale (lil) Sale of property (iv) Adjournment (¥) Conveyance(vi) Redemption (vii) Recovery of Price; Contribution and reimbursement (vill) Remedy if tender is refused; consignation (ix) Entry of satisfaction of judgment F, EXAMINATIONS ALLOWED IN EVENT OF NON-: SaTISPACTION. [1] Judgment obligor [2] Obligor of judgment obligor [3] Enforcement remedies anc order for application of property to satisfy judgment G. RECEIVERS [1] Appointment [2] Sale of ascertainable interest in real property H, EFFECT OF JUDGMENTS AND FINAL ORDERS (i) Res judicata (il) Judgment rendered in Philippines by Puuippins oe (iil) Judgment rendered by foreign court