SYLLABUS FOR CIVIL PROCEDURE

Atty. Victor Y. Eleazar

Rules 1 to 20, Part 1

III. Civil Procedure

2019 Amendments to the 1997 Rules of Civil Procedure did not
amend Rule 1 (General Provisions), Rule 2 (Cause of Action), Rule 3
(Parties to Civil Actions), Rule 4 (Venue of Actions) and Rule 5
(Uniform Procedure in Trial Courts).

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

Lucas v. Lucas, G.R. No. 190710, June 6, 2011

De Pedro v. Romasan Development Corp., G.R. No. 194751,
November 26, 2014

8. Payment of docket fees

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

Rule 1, Rules of Court

Read: Herrera, Remedial Law 1, pp. 367-409

B. Cause of action
1. Meaning of cause of action

Turner v. Lorenzo Shipping Corp., G.R. No. 157479, November 24,

2010

Date of last revision: 26 January 2020

 2. Right of action versus cause of action
3. Failure to state a cause of action
4. Test of the sufficiency of a cause of action

Belle Corporation v. de Leon-Banks, G.R. No. 174669, September

19, 2012
Santos v. Santos-Gran, G.R. No. 197380, October 8, 2014
Guillermo v. Philippine Information Agency, G.R. No. 223751, March
15, 2017

5. Splitting a single cause of action and its effects

Umale v. Canoga Park Development Corp., G.R. No. 167246, July

20, 2011, 654 SCRA 155
Mallion v. Alcantara, G.R. No. 141528, October 31, 2006
Marilag v. Martinez, G.R. No. 201892, July 22, 2015

Damages in ejectment cases: Progressive Development Corp. Inc. v.

Court of Appeals, 301 SCRA 637
Read Herrera’s Critique on “damages and costs”
See Hualam Construction v. Court of Appeals, 214 SCRA 612;
Felisilda v. Villanueva, 139 SCRA 431; Teraña v. de Sagun, 587
SCRA 60
Dynamic Builders & Construction Co. v. Mayor Presbiterio, Jr., G.R.
No. 174202, April 7, 2015, 755 SCRA 90

6. Joinder and misjoinder of causes of action

Rule 2, Rules of Court

Read: Herrera, Remedial Law Vol. I, pp. 410-503
UCPB v. Beluso, 530 SCRA 567

C. Parties to civil actions

1. Real parties in interest; indispensable parties;
Representatives as parties; necessary parties;
indigent parties; alternative defendants

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

Personality to sue; Estate of a decedent

Vda. de Borromeo v. Pogoy, G.R. No. 63277, November 29, 1983,

126 SCRA 217
Compare: Ventura v. Militante, G.R. No. 63145, October 9, 1999 and
Spouses Rodolfo Berot and Lilia Berot v. Siapno, G.R. No. 188944,
July 9, 2014
Boston Equity Resources v. CA, G.R. No. 173946, June 19, 2013
Heirs of Paciano Labao v. Vand Der Kolk, G.R. No. 207266, June 25,
2014

Ang v. Ang, G.R. No. 186993, August 22, 2012

2. Compulsory and permissive joinder of parties

Sepulveda Jr. v. Pelaez, January 31, 2005, 450 SCRA 302

Moldes v. Villanueva, 468 SCRA 697
Limos v. Spouses Odones, G.R. No. 186979, August 11, 2010
Pacana-Contreras v. Rovila Water Supply, G.R. No. 168979,
December 2, 2013
China Banking Corp. v. Oliver, G.R. No. 135796, October 3, 2002,
390 SCRA 263

Indispensable party v. Necessary party

Seno v. Mangubat, G.R. No. L-44339, December 2, 1987, 156 SCRA

113

3. Misjoinder and non-joinder of parties

Pantranco North Express v. Standard Insurance, 453 SCRA 482

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 4. Class suit

Adm. Matter No. No. 88-1-646: Re Request of the Heirs of the

Passengers of Dona Paz to set aside the Order of Judge B.V.
Chingcuangco, promulgated on March 31, 1988, 159 SCRA 623

5. Suits against entities without juridical personality

6. Effect of death of party litigant

Yadno v. Anchales, G.R. No. 174582, October 11, 2012

Carandang v. de Guzman
Heirs of Paciano Yabao v. Vander Kolk

7. Indigent party

Algura v. LGU of City of Naga, October 30, 2006

Rule 3, Rules of Court

Read: Herrera, Remedial Law Vol. 1, pp. 504-611

8. Transferee pendente lite

Medrano v. de Vera, G.R. No. 165770, August 9, 2010

D. Venue

1. Venue versus jurisdiction

2. Venue of real actions

Villanueva v. Judge Mosqueda, G.R. No. L-58287, August 19, 1982

Union Bank of the Philippines v. Maunlad Homes Inc., G.R. No.
190071, August 15, 2012

3. Venue of personal actions

Marcos-Araneta v. Court of Appeals, G.R. No. 154096, August 22,

2008
Latorre v. Latorre, G.R. No. 183926, March 29, 2010, 617 SCRA 88

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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

See Rule on Venue in A.M. No. 02-11-10-SC, A.M. No. 02-11-11-SC

and A.M. No. 02-6-02-SC

4. Venue of actions against non-residents

Ang v. Ang, G.R. No. 186993, August 22, 2012

5. When the rules on venue do not apply

Gumabon v. Larin, G.R. No. 142523, November 27, 2001

Briones v. CA, G.R. No. 204444, January 14, 2015
Ley Construction v. Sedano, G.R. No. 222711, August 23, 2017

6. Effects of stipulations on venue

Unimasters Conglomeration Inc. v. CA, G.R. No. 119657, February 7,

1997

7. Doctrine of forum non-conveniens

Hongkong and Shanghai Banking Corp. v. Sherman, G.R. No. 72494,

August 11, 1989
Philippine Deposit Insurance Corp. v. Citibank, N.A. and Bank of
America S.T. & N.A., G.R. 170290, April 11, 2012, 669 SCRA 191

Rule 4, Rules of Court

Read Herrera, Remedial Law Vol. 1, pp. 612-651

E. Uniformity of Rules

Rule 5, Rules of Court

Read: Herrera, Remedial Law Vol. 1, pp. 652-671
Revised Rule on Summary Procedure
Revised Rule on Small Claims Court

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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

Rule 6, Rules of Court. Note the amendments in the following

sections of Rule 6: Sec. 2; Sec. 5; Sec. 7; Sec. 8; Sec. 10; Sec. 11

Read: Herrera, Remedial Law 1, pp. 672-711

Answer Ex Abudanti Cautela? See Rosete v. Lim, G.R. No. 136051,
June 8, 2006
Filing fees for compulsory counterclaim or cross-claims: See Korea
Technologies Co. Inc. v. Judge Lerma, G.R. No. 143581, January 7,
2008
Spouses Mendiola v. Court of Appeals, G.R. No. 159746, July 18,
2012
Bungcayao Sr. v. Fort Ilocandia Property Holdings and Development
Corp., G.R. No. 170483, April 19, 2010
Firaza Sr. v. Ugay, G.R. No. 165838, April 3, 2013
Sapugay v. CA, G.R. No. 86792, April 21, 1990; Lafarge Cement Phil.
Inc. v. Continental Cement Corp., G.R. No. 155173, November 23,
2004
Sy-Vargas v. Estate of Rolando Ogsos, Sr., G.R. No. 221062,
October 5, 2016
Philtranco Service Enterprises Inc. v. Paras, G.R. No. 161909, April
25, 2012
Paramount Life & General Insurance v. Castro, G.R. No. 195728,

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April 19, 2016
Villanueva-Ong v. Enrile, G.R. No. 212904, November 22, 2017

When counterclaim exceeds court jurisdiction

Philtranco Service Enterprises Inc. v. Paras, G.R. No. 161909, April

25, 2012

Intervention: Bon-Mar Realty and Sport Corp. v. Spouses de

Guzman, G.R. No. 182136-37, August 29, 2008; Republic v. CA,
G.R. No. 174385, February 20, 2013

2. Pleadings allowed in small claim cases and cases

covered by the Rules on Summary Procedure

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

Rule 7, Rules of Court. Note amendments of the following sections of

Rule 7: Sec. 3; Sec. 4; Sec. 5; Sec. 6 (new)

Read: Herrera, Remedial Law Vol. 1, pp. 712-760

See Sec. 8, A.M. No. 02-11-10-SC
See Sec. 5 (a), A.M. No. 02-11-11-SC
Vda. de Formoso v. PNB, June 1, 2011
Heirs of Lazaro Gallardo v. Soliman, G.R. No. 178952, April 10, 2013
Arevalo v. Planters Development Bank, G.R. No. 193415, April 18,
2012
Colegio Medico-Farmaceutico de Filipinas, Inc. v. Lim, G.R. No.
212034, July 2, 2018
Heirs of Josefina Gabriel v. Cebrero, G.R. No. 222737, November 12,
2018

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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

Rule 8, Rules of Court. Note the amendments in the following

sections of Rule 8: Sec. 1; Sec. 6; Sec. 7; Sec. 12 (new version)

Read: Herrera, Remedial Law Vol. 1, pp. 761-793

Tumpag v. Tumpag, G.R. No. 199133, September 29, 2014
Santos v. Alcazar, G.R. No. 183034, March 12, 2014
Heirs of Nicolas S. Cabigas v. Limbaco, G.R. No. 175291, July 27,
2011
Heirs of Andres Naya v. Naya, G.R. No. 215759, November 28, 2016

5. Effect of failure to plead

a) Failure to plead defenses and objections
b) Failure to plead a compulsory counterclaim
and cross-claim

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

Rule 9, Rules of Court. Note that Rule 9 was virtually unchanged

except for Sec. 3 (e) thereof.

Rule 11, Rules of Court. Note the amendments in the following

sections: Sec. 1; Sec. 2; Sec. 3; Sec. 4; Sec. 6; Sec. 7; Sec. 11

Read: Herrera, Remedial Law Vol. 1, pp. 794-823

Read: Herrera Remedial Law Vol. 1, pp. 857-863
Manuel Uy and Sons, Inc. v. Valbueco, Inc., G.R. No. 179594,
September 11, 2013
Gajudo v. Traders Royal Bank, March 21, 2006
Lina v. CA, 135 SCRA 637
Lui Enterprises v. Zuellig Pharma Corp., G.R. No. 193494, March 12,
2014, 719 SCRA 88
Bitte v. Jonas, G.R. No. 212256, December 9, 2015
Benedicto-Muñoz v. Cacho-Olivarez, G.R. No. 179121, November 9,
2015
Sec. 8 (2), Special Rule of Procedure on Declaration of Absolute
Nullity of Void Marriage
Sec. 5 (b) and (c), Special Rule of Procedure in Legal Separation

7. Filing and service of pleadings

a) Payment of docket fees
b) Filing versus service of pleadings
c) Periods of filing of pleadings
d) Manner of filing
e) Modes of service
(i) Personal service
(ii) Service by mail
(iii) Substituted service
(iv) Service of judgments, final orders or
resolutions
(v) Priorities in modes of service and filing
(vi) When service is deemed complete
(vii) Proof of filing and service
f) Notice of lis pendens

Rule 13, Rules of Court. Note the amendments in the following

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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)

Read: Herrera, Remedial Law Vol. 1, pp. 873-915

Philippine Savings Bank v. Papa, G.R. No. 200469, January 15, 2018
Gatmaytan v. Dolor, G.R. No. 198120, February 20, 2017
Gagoomal v. Villacorta, G.R. No. 1092813, January 18, 2012, 663
SCRA 444
Valderama v. Arguelles, G.R. No. 223660, April 2, 2018
Homeowners Savings and Loan Bank v. Felonia, G.R. No. 189477,
February 26, 2014

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

Rule 10, Rules of Court. Note the amendments in the following

sections of Rule 10: Sec. 3; Sec. 5

Read: Herrera, Remedial Law Vol. 1, pp. 824-856

Read Regalado and Riano on issue on amendment in case of
jurisdictional issues on the original pleading – no longer an issue with
the amendment of Sec. 3.

Siasoco v. CA, G.R. No. 132753, February 15, 1999

Citystate Savings Bank v. Aguinaldo, G.R. No. 200018, April 6, 2015
Dela Cruz v. Concepcion, October 11, 2012
Dayao v. Shell Company, G.R. No. L-32475, April 30, 1980
Diona v. Balangue, G.R. No. 173559, January 7, 2013
Marcos-Araneta v. Court of Appeals, G.R. No. 154096, April 22, 2008

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

Sec. 128, Corporation Code

Sec. 190, Insurance Code; now Sec. 196 of PD 612 as amended by
10607
Sec. 76, General Banking Law of 2000, R.A. No. 8791
Onstott v. Upper Tagpos Neighborhood Association, G.R. No.
221047, September 14, 2016
Sansio Philippines Inc. v. Mogol Jr., G.R. No. 177007, July 14, 2009

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

Rule 14, Rules of Court. Note the amendments in the following

sections of Rule 14: Sec. 1; Sec. 2; Sec. 3; Sec. 4; Sec. 5; Sec. 6;
Sec. 8; Sec. 9 (new version); Sec. 11 (new); Sec. 12 (new version);
Sec. 13 (new); Sec. 14 (formerly Sec. 12); Sec. 16 (formerly Sec. 14);
Sec. 17 (formerly Sec. 15); Sec. 20 (formerly Sec. 4); Sec. 21
(formerly Sec. 18); Sec. 23 (formerly Sec. 20)

Read: Herrera, Remedial Law Vol. 1, pp. 916-985

Atiko Trans Inc. and Cheng Lie Navigation Co. Ltd. v. Prudential
Guarantee and Assurance Inc., G.R. No. 167545, August 17, 2011
De Pedro v. Romasan Development Corp., G.R. No. 194751,
November 26, 2014
NM Rothschild & Sons (Australia) Ltd. v. Lepanto Consolidated
Mining Co., G.R. No. 175799, November 28, 2011, 661 SCRA 328
Manotoc v. CA, 499 SCRA 21
Pascual v. Pascual, December 4, 2009

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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

Rule 15, Rules of Court. Note the amendments in the following

sections of Rule 15: Sec. 2; Sec. 4 (new version); Sec. 5 (new version);
Sec. 6 (formerly Sec. 5); Sec. 8 (formerly Sec. 7); Sec. 12 (new); Sec.
13 (formerly Sec. 6 of Rule 16)

Read: Herrera, Remedial Law Vol. 1, pp. 986-1003

De los Reyes v. Ramnani, G.R. No. 169135, June 18, 2010
Ramos v. Teves, A.M. No. P-12-3061, June 27, 2012; see Pojas v.
Gozo-Dadole, 192 SCRA 575
Victory Liner Inc. Malinias, G.R. No. 151170, May 29, 2007
Zosa v. Consilium, Inc., G.R. No. 196765, September 19, 2018

2. Motions for bill of particulars

a) Purpose and when applied for
b) Actions of the court
c) Compliance with the order and effect of
noncompliance
d) Effect on the period to file a responsive
pleading

Rule 12, Rules of Court. Rule 12 virtually remained unchanged.

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Read Herrera, Remedial Law Vol. 1, pp. 864-872

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