Professional Documents
Culture Documents
SYLLABUS Rule 1 To 12
SYLLABUS Rule 1 To 12
A. Actions
1. Meaning of ordinary civil actions
2. Meaning of special civil actions
3. Meaning of criminal actions
4. Civil actions versus special proceedings
5. Personal actions and real actions
6. Local and transitory actions
7. Actions in rem, in personam and quasi in rem
Heirs of the late Reinoso, Sr. v. CA, G.R. No. 116121, July 18, 2011,
654 SCRA 1
GSIS v. Heirs of Caballero, G.R. No. 158090, October 4, 2010, 632
SCRA 5
B. Cause of action
1. Meaning of cause of action
Excellent Quality Apparel Inc. v. Win Multi Rich Builders, Inc., G.R.
No. 175048, February 10, 2009
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Alliance of Quezon City Homeowners’ Association, Inc. v. Quezon
City Government, G.R. No. 230651, September 18, 2018
V-Gent Inc. v. Morning Star Travel and Tours, G.R. No. 186305, July
22, 2015
Navarro v. Escobido, November 27, 2009
Arcelona v. CA – NB: Read case in the SCRA and take note of the
Errata: Arcelona v. CA, 280 SCRA 20
Carandang v. De Guzman, November 29, 2006
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4. Class suit
7. Indigent party
D. Venue
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Hyatt Elevators and Escalators Corp. v. Goldstar Elevators Phils.,
473 SCRA 705
Golden Arches Development Corp. v. St. Francis Square Holding
Inc., 640 SCRA 227
E. Uniformity of Rules
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F. Pleadings
1. Kinds of pleadings
a) Complaint
b) Answer
(i) Negative defenses
(ii) Negative pregnant
(iii) Affirmative defenses
c) Counterclaims
(i) Compulsory counterclaim
(ii) Permissive counterclaim
(iii) Effect on the counterclaim when the
complaint is dismissed
d) Cross-claims
e) Third (fourth, etc.) party complaints
f) Complaint-in-intervention
g) Reply
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April 19, 2016
Villanueva-Ong v. Enrile, G.R. No. 212904, November 22, 2017
3. Parts of a pleading
a) Caption
b) Signature and address
c) Verification and certification against forum
shopping
(i) Requirements of a corporation
executing the verification/certification of
non-forum shopping
d) Effect of the signature of counsel in a pleading
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What constitutes forum shopping: Brown-Araneta v. Araneta, G.R.
No. 190814, October 9, 2013; Clark Development Corp. v.
Mondragon Leisure and Resorts Corp., G.R. No. 150986, March 2,
2007
Galang v. Peakhold Finance Corp., G.R. No. 233922, January 24,
2018
4. Allegations in a pleading
a) Manner of making allegations
(i) Condition precedent
(ii) Fraud, mistake, malice, intent,
knowledge and other condition of the
mind, judgments, official documents or
acts
b) Pleading an actionable document
c) Specific denials
(i) Effect of failure to make specific denials
(ii) When a specific denial requires an oath
6. Default
a) When a declaration of default is proper
b) Effect of an order of default
c) Relief from an order of default
d) Effect of a partial default
e) Extent of relief
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f) Actions where default are not allowed
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sections of Rule 13: Sec. 1; Sec. 2; Sec. 3; Sec. 5; Sec. 6; Sec. 9
(new version); Sec. 10 (new version); Sec. 11 (new version); Sec. 12
(new version); Sec. 13 (formerly Sec. 9); Sec. 14 (new version); Sec.
15 (formerly Sec. 10); Sec. 16 (formerly Sec. 12); Sec. 17 (formerly
Sec. 13); Sec. 18 (new); Sec. 19 (formerly Sec. 14)
8. Amendment
a) Amendment as a matter of right
b) Amendments by leave of court
c) Formal amendment
d) Amendments to conform to or authorize
presentation of evidence
e) Different from supplemental pleadings
f) Effect of amended pleading
G. Summons
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1. Nature and purpose of summons in relation to
actions in personam, in rem and quasi in rem
2. Voluntary appearance
3. Personal service
4. Substituted service
5. Constructive service (by publication)
a) Service upon a defendant where his identity is
unknown or where his whereabouts are
unknown
b) Service upon residents temporarily outside the
Philippines
6. Extra-territorial service, when allowed
7. Service upon prisoners and minors
8. Proof of service
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Yuk Ling Ong v. Co, G.R. No. 206653, February 25, 2015
Ang v. Chinatrust, G.R. No. 200693, April 18, 2016
Republic v. Domingo, G.R. No. 175299, September 14, 2011, 657
SCRA 621
Express Padala (Italia) S.P.A. v. Ocampo, G.R. No. 202505,
September 6, 2017
Interlink Movie Houses, Inc. v. CA, G.R. No. 203298, January 17,
2018
H. Motions
1. Motions in general
a) Definition of a motion
b) Motions versus pleadings
c) Contents and form of motions
d) Notice of hearing and hearing of motions
e) Omnibus motion rule
f) Litigated and ex parte motions
g) Pro-forma motions
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Read Herrera, Remedial Law Vol. 1, pp. 864-872
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