Professional Documents
Culture Documents
Syllabus REM 1z
Syllabus REM 1z
REMEDIAL LAW 1
SACP S. Salazar
CIVIL PROCEDURE
I. PRELIMINARY
a) Constitutional basis
a) Applicability
b) Uniform Procedure in RTC & MTC
1. exceptions
c) Rules of Court as law
d) Retroactive application
1. exceptions
2. Tan, Jr. v. CA, G.R. No. 136368, January 16, 2002
e) Construction
1. What is the general course of action?
Asia United Bank v. Goodland Co.
2. When is liberal construction proper?
Rule 1, Sec. 6
Cabrera v. Ng, G.R. No. 201601, March 12, 2014
Sebastian v. Morales, 445 Phil 595, 605
Sablas v. Sablas, 526 SCRA 292
Saint Louis University v. Cobarrubias, G.R. No. 187104, August
3, 2010
3. requisites for the application of liberal construction
Gipa, et al. v. Southern Luzon Institute, G.R. No. 177425, June
18, 2014
a) What is a complaint?
b) What is a pleading?
c) Pleadings allowed
d) Parts of a pleading
e) Effect of an unsigned pleading
f) Aside from signature of lawyer, what else are required?
Intestate Estate of Jose Uy v. Atty. Pacifico M. Maghari III, A.C. No.
10525, September 1, 2015
Republic v. Kenrick Development Corp., G.R. No. 149576, August
8, 2006
Bar Matter No. 1922; OCA Circular No. 99-2008; OCA Circular No.
79-2014, May 26, 2014
g) Verification and Certification against forum-shopping
Bacolor, et al. v. Makabali Memorial Hospital, Inc., et al., G.R. No.
204325, April 18, 2016
Cagayan Valley Drug Corp. v. CIR, G.R. No. 151413, February 13,
2008
Mid-Pasig Land Dev. Corp. v. Tablante, G.R. No. 162924, February
4, 2010
V. JURISDICTION
a) What is juridiction?
b) Aspects of the concept of jurisdiction
Boston Equity Resources, Inc. v. CA, G.R. No. 173946, June 19,
2013
c) Jurisdiction over the subject matter
Batas Pambansa Blg. 129, as amended by RA 7691
1. Totality Rule
Pantranco North Express, Inc. v. Standard Insurance Co., Inc.,
et al., G.R. No. 140746, March 16, 2005
First Sarmiento Property Holdings v. PBCom, G.R. No. 202836,
June 19, 2018 (incapable of pecuniary estimation)
d) Jurisdiction over the parties
1. Additional defendants
e) General Rule
1. Exception
Tijam v. Sibonghanoy, 23 SCRA 29 (estoppel by laches)
Figueroa v. People, G.R. No. 147406, 7-14-2008 (general rule)
Calimlim v. Ramirez, 204 Phil 25; 118 SCRA 399
Mangaliag v. Catubig-Pastoral, G.R. No. 143951, 10-25-2005
Frianela v. Banayad, Jr., G.R. No. 169700, 7-30-2009
Duero v. CA, G.R. No. 131282, January 4, 2002
f) Payment of docket fees
Manchester Dev. Corp. v. CA, G.R. No. L-75919, May 7, 1987
Sun Insurance Office, Ltd. v. Asuncion, G.R. Nos. 79937-38,
February 13, 1989
United Overseas Bank v. Ros, et al., G.R. No. 171532, August 7,
2007; 556 Phil. 178; Negros Oriental Planters Association, Inc. v.
RTC Negros Occidental, G.R. No. 179878, December 24, 2008
g) Docket fees for Civil damages in criminal actions
General v. Claravall, 195 SCRA 623
Manuel v. Judge Alfeche, Jr., et al., G.R. No. 115683, July 26, 1996
h) Doctrine of Primary Jurisdiction
Paloma v. Mora, G.R. No. 157783, September 23, 2005; Villaflor v.
CA, 280 SCRA 297, 327
VI. VENUE
Rules 1 – 7
Bar Matter No. 1132
Bar Matter No. 287
Section 139 of the Local Government Code
A.M. No. 07-6-5-SC
MEMORIZE:
a) Kinds of amendments
Marcos-Araneta, et al. v. CA, G.R. No. 154096, August 22, 2008;
Alpine Lending Investors v. Corpuz, 508 SCRA 45
b) When made?
c) How filed?
d) Effects of amendment
e) Amendment during trial stage
1. General Rule
2. Exceptions
PNB v. Sps. Manalo, G.R. No. 174433, February 24, 2014
f) Difference between amended and supplemental pleadings
g) Effect of supplemental pleading
Young v. Spouses Sy, 534 Phil. 246
Ada, et al. v. Baylon, G.R. No. 182435, August 13, 2012
XII. SUMMONS
a) What is summons?
b) Who issues summons?
c) Who serves summons?
Manalo vs. Robles Trans. Co. Inc., 99 Phil 729
d) Issuance and service of summons after amendment
Vlason Enterprises Corp. v. CA, 310 SCRA 26
e) Kinds of service of summons
1. personal service
Manuel v. Ong, G.R. No. 205249, October 15, 2014
2. substituted service
Manotoc v. CA, G.R. No. 130974, August 16, 2006; Alpine
Lending Investors v. Corpuz, 508 SCRA 45
3. extraterritorial service
f) How is summons served?
1. domestic private juridical entity
E.B. Villarosa & Partner, Ltd. v. Benito, 312 SCRA 65
Green Star Express, Inc. v. Nissin Universal Robina Corp., G.R.
No. 181517, July 6, 2015
2. defendant without juridical entity
3. foreign private juridical entity
4. public corporation
5. prisoner
6. minor or incompetent person
7. identity or whereabout is unknown
8. resident but temporarily outside the Philippines
9. by publication
g) Voluntary appearance
a) When to file?
b) When to comply?
c) When to file answer?
d) Effect of non-compliance or insufficient compliance
a) What is an answer?
b) When to file an answer?
1. ordinary civil action
2. Summary Procedure and Small Claims cases
c) Computation of time
d) Forms of Defenses
e) Affirmative and Negative Defenses
f) Formalities required
g) Reply
1. When filed?
2. Effect of non-filing
a) How done?
b) Substituted service of pleadings and papers
Rules 8 to 14
Domagas v. Jensen, G.R. No. 158407, January 17, 2005
MEMORIZE:
XVIII. MOTIONS
a) What is a motion?
b) Contents of a motion
1. Notice of hearing
2. three-day notice rule
3. ten-day notice rule
4. Effects of non-compliance
c) Kinds of motions
1. ex-parte motion
2. litigated motion
d) Omnibus Motion Rule
e) Prohibited motions
1. Summary Procedure and Small Claims cases
2. Continuous Trial Guidelines
3. Writs of Amparo and Habeas Data
4. Environment cases
a) Grounds
1. Failure to state a cause of action v. Lack of cause of action
Heirs of Magdaleno Ypon v. Ricaforte, et al., G.R. No. 198680,
July 8, 2013
Zuñiga-Santos v. Santos-Gran, et al., G.R. No. 197380, October
8, 2014
2. When filed?
a. Exceptions
3. Remedies if denied
Alma Jose v. Javellana, G.R. No. 158239, January 25, 2012
4. Elements of res judicata
FELS Energy Inc. v. Province of Batangas
5. Laches as ground
Pineda v. Heirs of Eliseo Guevarra, 515 SCRA 627
6. Effect of failure to raise defense
a. Exceptions
a) Noitce of dismissal
b) Dismissal after answer
c) Two-Dismissal Rule
d) Failure to prosecute
XXI. PRE-TRIAL
a) What to consider?
b) Purpose of Pre-Trial
Philam v. Enario. G.R. No. 182075
LCK Industries Inc., et al. v. Planters Development Bank, G.R. No.
170606, November 23, 2007
c) Duty to set case for pre-trial
A.M. No. 03-1-09-SC, July 13, 2004
d) Mandatory requirement
Sec. 2, Rule 18; Sec. 3, Supreme Court Circular No. 38-98, August
11, 1998; Republic Act No. 8493 – Speedy Trial Act
e) Effect of failure to appear
Citibank, N.A. v. Sps. Corpuz, G.R. No. 177133, July 31, 2009
Aguilar, et al. v. Lightbringers Credit Cooperative, G.R. No. 209605,
January 12, 2015
f) Effect of failure to file Pre-Trial brief
Durban Apartments Corp. v. Pioneer Insurance and Surety Corp.,
G.R. No. 179419, January 12, 2011
XXII. INTERVENTION
a) Complaint-in-intervention
1. When filed?
2. What to file?
b) Answer-in-intervention
1. When filed?
a) Assignment of cases
b) Raffle
XXIV. SUBPOENA
a) Subpoena to prisoners
b) Quashal of subpoena
c) subpoena duces tecum
d) subpoena ad testificandum
READ:
Rules 15 to 22
Soliman v. Fernandez, G.R. No. 176652, June 4, 2014
Judicial Affidavit Rule, A.M. No. 12-8-8-SC, September 4, 2012
A.M. No. 01-10-5-SC-PHILJA, October 16, 2001 (Mediation)
A.M. No. 11-1-6-SC, January 11, 2011 (Judicial Dispute
Resolution)
MEMORIZE:
Rule 15 Section 4
Rule 16 Sections 1, 4
Rule 17 Sections 1, 2 & 3
a) Deposition defined
Ayala Land, Inc. v. Tagle, et al., G.R. No. 153667, August 11, 2005
b) Purpose of deposition
Jonathan Landoil International Co., Inc. v. Sps. Mangudadatu, G.R.
No. 155010, August 16, 2004
c) Deposition pending action
1. When and how availed?
2. Before whom taken?
i. In the Philippines
ii. Foreign countries
a. letter rogatory
b. commission
d) Deposition before action
1. Venue
e) Deposition pending appeal
f) Non-applicability in criminal cases
Harry Go v. People, G.R. No. 185527, July 18, 2012
g) Interrogatories to Parties
h) Answer to interrogatories
1. When filed?
2. Formal requisites
i) Objections to interrogatories
1. When filed?
j) Admission by Adverse Party
k) Production or Inspection of Documents or Things
l) Physical and Mental Examination
m) Refusal to Comply with Modes of Discovery
XXVIII. TRIAL
a) Order of trial
1. Plaintiff’s evidence
2. Cross-examination
3. Defendant’s evidence
4. Formal Offer of Exhibits
5. Cross-examination
6. Formal Offer of Exhibits
7. Third-party, etc. defendant’s evidence
8. Formal Offer of Exhibits
9. Rebuttal evidence
10. Sur-rebuttal evidence
b) Consolidation and Severance
c) Trial with Assessor
d) Trial by Commissioner
a) Cases governed
b) Condition precedent
1. Effect of non-compliance
c) When to file answer?
1. Remedy for failure to answer
2. Effect of failure to answer
d) Limitation on judgment when no answer is filed
e) Effect of failure to appear during preliminary conference
f) Prohibited pleadings
g) Judgment
h) Execution of judgment
i) Appeals
j) Forcible Entry and Unlawful Detainer
Rule 70
k) Accion interdictal v. Accion publiciana v. Accion reivindicatoria
l) Jurisdiction and venue
m) Forcible entry v. Unlawful detainer
n) Sufficiency of complaint for unlawful detainer
Fairland Knitcraft Corp. v. Po, G.R. No. 217694, January 27, 2016
o) Basis of judgment when no answer
p) Execution
1. How stayed?
q) Appeal
1. How stayed?
a) When availed?
b) What ground?
c) Effect if granted
1. appeal
d) Effect if denied
1. appeal
e) Demurrer to evidence in criminal v. demurrer to evidence in civil
actions
a) When availed?
b) When not applicable
a) Genuine issue
MARINA v. Marc Properties Corp., G.R. No. 173128
b) Who may file?
a) When to avail?
b) Grounds
1. Motion for New Trial
2. Motion for Reconsideration
c) Effect of pro forma motion
d) Second motion
1. Motion for New Trial
2. Motion for Reconsideration
a) Grounds
b) Instances when remedy may be availed of
Francisco v. Puno, 108 SCRA 427
1. Supreme Court
2. Cases governed by Rules on Summary Procedure and
Procedure on Small Claims Cases
c) Where and when filed?
d) Who may file?
Alaban v. CA, 470 SCRA 697
e) Formal requirements
f) When to file answer to the petition?
g) Remedy if writ of execution already issued
XXXVII. EXECUTION
READ:
Rules 23 to 39
1991 Revised Rules on Summary Procedure
Revised Rules of Procedure on Small Claims Cases (A.M. No. 08-
8-7-SC, as amended)
A.M. No. 15-07-12-SC
OCA Circular No. 161-2016
XXXIX. APPEAL
a) Basic principles
b) Doctrine of residual jurisdiction
c) MTC to RTC
Crisologo v. Daray, 562 SCRA 382
d) RTC to CA
1. Ordinary appeal (appeal by writ of error)
2. Petition for review
e) RTC to SC
1. Appeal by certiorari
2. What can be raised?
3. Factual issue bar rule
f) Dismissal of Appeal
1. Grounds
g) Withdrawal of appeal
1. matter of right
2. discretionary
h) Quasi-judicial bodies to CA
i) CSC to CA
j) NLRC to CA
St. Martin Funeral Homes v. NLRC, 295 SCRA 494
k) Doctrine of hierarchy of courts
l) Ombudsman to CA
m) CTA to CTA en banc
n) CTA en banc to SC
o) MTC/RTC to COMELEC
Relampayos v. COMELEC, 243 SCRA 690
p) COMELEC/COA to SC
q) CA to SC
READ:
Rules 40 to 45
Rule 50
A.M. No. 07-7-12-SC
A.M. No. 99-2-01-SC, February 9, 1999
A.M. No. 08-1-16-SC
Neypes v. CA, 469 SCRA 633
Imani v. Metrobank, 635 SCRA 357; Akang v. Municipality of
Isulan, G.R. No. 186014, June 26, 2013
a) Internal Business
1. CA v. SC
b) Oral argument
c) Judgment
d) Motion for Reconsideration / New Trial
e) Stay of execution
READ:
Rules 46 to 55
CRIMINAL PROCEDURE
XLVII. INFORMATION
a. What is an information?
b. What is required before an information may be filed in court?
1. Can this be delegated?
Quisay v. People, G.R. No. 216920, January 13, 2016
c. Limitation of the information
d. Required certification
e. Sufficiency of information
Matrido v. People, G.R. No. 179061, July 13, 2009 (allegations in
the information)
Abanado v. Bayona, A.M. No. MTJ-12-1804, July 30, 2012
(attachments to the information)
1. authority of the officer
Cudia v. CA, 284 SCRA 173
f. Designation of the offense
g. Discrepancy in the designation and the body of the information
h. Amendment or substitution
Ricarze v. CA, 515 SCRA 302; Fronda-Baggao v. People, 539
SCRA 531
Teehankee, Jr. v. People, G.R. No. 103102, March 6, 1992
XLVIII. JURISDICTION
a. What is jurisdiction?
b. What confers jurisdiction
c. Waiver or stipulation
d. Venue of criminal actions
1. Committed in the Philippines
2. Committed in trains, aircrafts, vessel, etc.
3. Committed outside the Philippines
4. Continuing offenses
e. Exclusive original jurisdiction of the MTC
f. Jurisdiction of the Sandiganbayan
Hannah Eunice Serana vs. Sandiganbayan, G.R. No. 162059,
January 22, 2008
People v. Henry Go, G.R. No. 168539, March 25, 2014
RA 8249
g. Jurisdiction over specific cases
1. Drugs cases
Sec. 90, RA 9165, as amended
2. Libel
Art. 360, par. 3, RPC, as amended
3. Cybercrime (RA 10175)
Sec. 21, RA 10175
4. IPR and SEC cases
a. Waiver or reservation
1. When cannot?
b. Suspension of civil actions
1. Prejudicial question
c. Effect of death
People vs. Soria, G.R. No. 179031, February 24, 2014
d. Civil indemnity
Solidum v. People. GR 192123, March 10, 2014
Castillo v. Salvador, G.R. No. 191240, July 30, 2014
e. Payment of filing fees
Manuel v. Judge Alfeche, Jr., et al., G.R. No. 115683, July 26, 1996
Memorize:
LIII. ARREST
Rule 113
Comerciante v. People, G.R. No. 205926, July 22, 2015 (improper and
unpleasant movements)
People v. Molina, G.R. No. 133917, February 19, 2001 (reliable
information)
Luz v. People, 667 SCRA 421 (RA 4136)
Miclat, Jr. v. People, G.R. No. 176077, August 31, 2011 (plain view)
Antiquera v. People, G.R. No. 180661, December 11, 2013 (not in
plain view)
People v. Alvario, 275 SCRA 529 (fact of rape)
People v. Manlulu, G.R. No. 102140, April 22, 1994 (lapse of time/right
of the State)
People v. Calimlim, 416 Phil. 403 (illegality of arrest vs. validity of
judgment)
People v. Lacap, 368 SCRA 64 (buy-bust)
People v. Vasquez, 724 Phil. 712; G.R. No. 200304, January 15, 2014
(buy-bust)
People v. Tampis, 455 Phil. 371 (waiver on validity of arrest)
Sec. 21 RA 9344
LV. BAIL
Rule 114
Atty. Serapio v. Sandiganbayan, G.R. No. 148468, January 28, 2003
(bail hearing; arraignment not required)
Government of Hong Kong Special Administrative Region v. Judge
Olalia, Jr.,
G.R. No. 153675, April 19, 2007 (bail in extradition case)
Zuño v. Cabebe, 486 Phil. 605 (mandatory hearing)
Enrile v. Sandiganbayan, G.R. No. 213847, August 18, 2015 (bail: not
flight risk)
Leviste v. CA, 629 Phil. 587 (bail pending appeal)
OCA Circular No. 194-2018, September 10, 2018 (PHDO)
RELATED READING:
Rule 115
Del Castillo v. People, 664 SCRA 430; G.R. No. 185128, January 30, 2012
(presumption of innocence; how to overcome)
Miguel v. Sandiganbayan, 675 SCRA 560; G.R. No. 172035, July 4, 2012 (right
to be heard)
People v. Lara, G.R. No. 199877, August 13, 2012 (right to counsel; when arises)
People v. Ayson, 175 SCRA 216; G.R. No. 85215, July 7, 1989 (right against
self-incrimination)
Villa v. Escalona II, et al., G.R. Nos. 178057 & 178080, February 1, 2012 (right to
speedy trial)
People v. Pangilinan, G.R. No. 171020, March 14, 2007 (purpose of arraignment)
People v. Estomaca, G.R. Nos. 117485-86, April 22, 1996 (plea of guilty to
capital offense)
RELATED READING:
Rule 116
MOTION TO QUASH
RELATED READING:
Matters to be considered
Mandatory in criminal cases
Effect of Pre-Trial Order
Effect of unsigned pre-trial order
Effect of failure to appear during pre-trial
RELATED READING:
Rules 118 to 119
People v. De Grano, G.R. No. 167710, June 5, 2009 (waiver of appearance)
Lee Pue Liong v. Chua Pue Chin Lee, G.R. No. 181658, August 7, 2013 (private
prosecutor)
JUDGMENT
RELATED READING:
APPEAL
What is an appeal?
What may be appealed?
Within what period may an appeal be taken?
Effect of appeal to those who did not appeal?
MTC
Appeal from dismissal by trial prosecutor
RTC
Ordinary
appellant’s brief
appellee’s brief
appellant’s reply
Petition for review
Extension of time
When petition for review not applicable
If penalty is death
CA
Dismissal of appeal
reversal or modification
conduct of trial or hearing
death penalty
Ombudsman
Sandiganbayan
SC
PROCEDURES
RELATED READING:
PROVISIONAL REMEDIES
RELATED READING: