Professional Documents
Culture Documents
A. CIVIL PROCEDURE
(As amended by A.M. No. 19-10-20-SC, effective May l, 2020)
B. PROVISIONAL REMEDIES (RULES 57-61)
C. SPECIAL CIVIL ACTION (RULES 62-71)
Course Description:
A general review of the laws on jurisdiction of courts in civil actions and the 1997 Rules of Civil
Procedure (Rules 1-71). The course includes the study of applicable jurisprudence, analysis of the
relevant rules, and related laws governing procedure in civil cases, provisional remedies and special civil
actions. Upon completion of the course, students are expected to have a strong fundamental knowledge
and understanding of the Rules of Court that will enable them to successfully hurdle the Bar Exams and
eventually be capable law practitioners.
PRIMARY SOURCES/REFERENCES
COURSE REQUIREMENTS
- 60% - Weekly Exams (30% Midterms, 30% Finals)
- 40% -Weekly Performance (30% class participation/ recitation, 10% homework
submissions)
ATTENDANCE
- Student who will incur absences of more than twenty (20%) percent of the
prescribed number of class hours shall be given a failing mark or grade.
Methodology
- substantive provisions and jurisprudential pronouncements as against
specific facts of cases
- topical instead of sequential treatment of the coverage of Civil
Procedure
- All assigned materials shall be discussed in the approximate order
indicated in the outline.
- Some changes in the outline and readings assignments may be made to
accommodate the available schedule.
- the recitation shall follow both Socratic method and Case method
(emphasis on the rationale of the ruling)
- Recitation may be assigned (panel of expert) or voluntary (if the
randomly called students failed to correctly answer the questions posed,
the others may volunteer for bonus points).
- students shall not be allowed to read books and other printed materials
during graded recitation.
- Every student is expected to read all assigned provisions in the 1997
Rules of Civil Procedure (vis-à-vis A.M. No. 19-10-20-SC―2019
Proposed Amendments to the 1997 Rules of Civil Procedure‖), related
laws, and administrative orders in relation to the related cases listed
below them.
- doctrinal highlights/key concepts related to the assigned cases have
been identified to guide the students.
- All covered provisions of the 1997 Rules of Civil Procedure and their
related cases shall be discussed vis-a -vis the provisions of A.M. NO.
19-10-20-SC ―2019 PROPOSED AMENDMENTS TO THE 1997
RULES OF CIVIL PROCEDURE
A10. In what cases Rules of Court is not applicable. (Sec. 4, Rule 1, Rules of Court)
1. Atienza v. Board of Medicine, 642 SCRA 523, G.R. No. 177407 February 9,
2011)
2. Bantolino v. Coca-Cola Bottlers, Phil., Inc. G. R. No. 153660 - June 10, 2003)
3. Panuncillo v. CAP, Phils. Inc., G.R. No. 161305 February 9, 2007.
4. Ong Chia v. Republic, G.R. No. 127240 March 27, 2000
j. Transcendental importance
1. United Claimants Association of NEA v. National Electrification
Administration, G.R. No. 187107, January 31, 2012
C. JURISDICTION
Laws:
1. Article 8 (Sec. 1 and 5) of the 1987 Philippine Constitution – re power of
the SC to promulgate the Rules of Court
2. Batas Pambansa Blg. 129, as amended by Republic Act No. 7691
3. 1991 Revised Rule on Summary Procedure Sec. 1(a)
4. Rule of Procedure for Small Claims Sec. 2 and Sec. 4
5. Katarungang Pambarangay Law: P.D. 1508; RA 7160 Sec. 399-Sec. 422,
Book 3, Title 1, Chapter 7
6. SC Circular No. 09-94, effective 14 June 1994
A. Supreme Court
B. Court of Appeals
1. Trinidad Diaz-Enriquez vs. Director of Lands, G.R. No. 168065/G.R.
No. 168070. September 6, 2017
F. Family Courts
G. Metropolitan Trial Courts, Municipal Trial Courts, Municipal Trial Courts in
Cities, and Municipal Circuit Trial Courts
H. Shari’a Court
1. The Municipality Of Tangkal, Province Of Lanao Del Norte,
Petitioner, Vs. Hon. Rasad B. Balindong, in his capacity as Presiding
Judge, Shari’a District Court, 4th Judicial District, Marawi City, and
Heirs Of The Late Macalabo Alompo, represented by Sultan Dimnang B.
Alompo, Respondents, G.R. No. 193340, January 11, 2017
b) Jurisdiction over small claims, cases covered by the rules on Summary Procedure and
Barangay Conciliation
1. A.L. Ang Network, Inc. v. Emma Mondejar, et al., G.R. No. 200804, January
22, 2014
2. Fiorello R. Jose v. Roberto Alfuerto, et al., G.R. No. 69380, November 26,
2012
3. Republic of the Philippines v. Valentina Espinosa, Registrar of Deeds of
Negros Occidental et.al., G.R. No. 186603, April 5, 2017
4. Jose Audie Abagatnan et al vs.Spouses Jonathan Clarito And Elsa Clarito,
G.R. No. 211966. August 7, 2017
5. Gegare v. CA, G.R. No. 83907, September 13, 1989
6. Sanchez v. Tupaz, G.R. No. 76690, February 29, 1988
7. Vda. De Borromeo v. Pogoy, G.R. No. L-63277, November 29, 1983
8. Peregrina v. Panis, 133 SCRA 75 G.R. No. L-56011 October 31, 1984
9. Librada M. Aquino v. Ernest Aure, G.R. No. 153567, February 18, 2008
10. Crisanta Alcaraz Miguel v. Jerry D. Montanez, G.R. No. 191336, January
25, 2012
f) Test of Jurisdiction
g) Duty of Court to determine its Jurisdiction
h) Effect of Lack of Jurisdiction
i.) Distinguish: jurisdiction and exercise of jurisdiction
j.) Distinguish: doctrine of primary administrative jurisdiction and
doctrine of exhaustion of administrative remedies
k) Effect of estoppel on objection to jurisdiction
1. De Leon v. Court of Appeals, 245 SCRA 166 [G.R. No. 96107 June 19, 1995
2. Tijam v. Sibonghanoy, 23 SCRA 29 G.R. No. L-21450 April 15, 1968
3. Atty. Cudiamat, et al. v. Batangas Savings & Loan Bank, et al., G.R. No.
182403, March 9, 2010
4. Heirs of Bertuldo Hinog vs. Melicor, 455 SCRA 460 G.R. No. 140954. April
12, 2005
b. As to object
a. in rem
b. in personam
c. quasi in rem
*distinction important in service of summons
1. Belen v. Chavez, 549 SCRA 479 G.R. No. 175334 March 26, 2008
2. Planters Development Bank v. Julie Chandumal, G. R. No. 195619, September
5, 2012
3. Biaco v. Philippine Countryside Rural Bank, 515 SCRA 106 G.R. No. 161417
February 8, 2007
4. Yu v. Pacleb, etc., G.R. No. 172172, February 24, 2009
B. Parties
1. Rule 3 – Parties to Civil Actions – Sec. 1 to Sec. 11
2. Art. 44 of the New Civil Code of the Philippines
3. Rule 3 – Parties to Civil Actions – Sec. 12 to Sec. 22
c. Requirements
i. legal capacity
ii. real party in interest
iii. standing to sue
1. Domingo vs. Carague, G.R. No. 161065| April 15, 2005
u. Joinder of parties
i. joinder of initial parties/ Permissive joinder of parties (Sec. 6)
1) compulsory
2) permissive
ii. third (fourth, etc.) party
iii. special joinder modes
1) class suit
1.Mathay vs. Consolidated Bank, 58 SCRA 559 (1974) G.R. No. L-
23136 August 26, 1974
v. Intervention Rule 19
a) Who may intervene (Sec.1, Rule 19)
b) Ancillary to pending action
1. Saw vs. CA, 195 SCRA 740 G.R. No. 90580 April 8, 1991
w. interpleader
y. Selection of court
i. Venue defined
ii. Distinguish: jurisdiction and venue
iii. Venue of real actions (Sec. 1)
iv. Venue of Venue of personal actions (Sec. 2)
v. Venue of actions against non-residents (Sec. 3)
vi. Quasi in rem (action affects personal status of plaintiff) --
residence of plaintiff
vii. In rem (action affects property of defendant in Phils.) -- location
of property
viii. When the rules on venue not applicable (Sec. 4)
1. Diaz vs. Adiong, 219 SCRA 631 , G.R. No. 106847.
March 5, 1993
2. Philippine Banking Corporation v. Tensuan, G.R. No.
106920, 10 December 1993, 228 SCRA 385,
ix. Where parties have validly agreed in writing before filing of the
action on exclusive venue thereof
1. Legaspi vs. Republic, G.R. No. 160653, July 23, 2008
e) Formal requirements
1) Verification in a pleading (Sec. 4)
1. a) How a pleading is verified. (A.M. No. 00-2-10, May 1, 2000)
5. Vda. De Formoso v. PNB, 650 SCRA 35, G.R. No. 154704
June 1, 2011
1.b) Significance of Verification
6. Sarmiento v. Zaratan, 514 SCRA 246, G.R. No. 167471 ,
February 5, 2007
2.c) Who executes the certification of against forum shopping; Rule if there
are
several plaintiffs or petitioners; exception.
13. Damasco v. NLRC, G.R. No. 115755. December 4, 2000
14. Heirs of Francisco Retuya v. Court of Appeals, G.R. No. 163039,
April 6, 2011.
g) Kinds of Pleadings
a) Complaint; Defined and in general (Rule 6, Sec. 3)
A.1. Filing of complaint
A.2 Significance of Filing of the Complaint
A.3. Payment of Docket Fees and acquisition of
jurisdiction.
A.4. Allegations In general (Rule 8, Sec. 1)
1. Reyes vs. Regional Trial Court of Makati, G.R. No. 165744, August
11, 2008 Capacity of parties (Rule 8, Sec. 4)
h) Amendment of Pleadings
a) In general (Rule 10, Sec. 1)
b) Liberality
1. Barfel Devt. Corp. vs. CA, 223 SCRA 268, G.R. No. 98177 June 8, 1993
B. Docket fees
C. Raffle of cases
D. Provisional remedies, if necessary
i) Preliminary Attachment (Rule 57)
ii) Preliminary Injunction (Rule 58)
iii) Receivership (Rule 59)
iv) Replevin (Rule 60)
v) Support pendente lite (Rule 61)
III. WHEN COURT ACQUIRES JURISDICTION OVER THE PARTIES
A. Summons
• (Rule 14, Sec. 1 to 10, 11 to 20)
Administrative Circular No. 59-SC, November 19, 1989
B. Voluntary appearance
A. In general (Sec. 1)
a) Define Motion (Sec.1, Rule 15)
b) Form (Sec. 2)
c) Generally (Sec. 10)
d) May be oral (Sec. 2)
e) Motion for leave (Sec. 9)
f) Contents (Sec. 3)
g) Prohibited motion (Summary Procedure; Writ of Amparo; Small Claim Cases;
Environmental Cases)
h) Omnibus motion rule (Sec. 8)
i) Exceptions (Rule 9, Sec. 1)
j)Hearing of the motion; litigated and ex parte motions (Sec. 4, Rule 15)
1. Sarmiento v. Zaratan, 514 SCRA 246, G.R. No. 167471 February 5,
2007 k) Notice of hearing (Secs. 4, 5)
k.1) General rule: without compliance – scrap of paper
1. Sps. Rustia vs. Rivera, G.R. No. 156903, November 24, 2006
k.2) Defective notice of hearing
1.Victory Liner, Inc. vs. Malinias., G. R. No. 151170, May 29, 2007 Exceptions
ii. After judgment and before such judgment becomes final and
executory
1. Lina v. Court of Appeals, 135 SCRA 637, G.R. No. L-63397
April 9, 1985
D. Defendant‘s motions
a. motion to set aside order of default under Rule 9, Section 3
b. motion for extension of time to file responsive pleading under Rule 11, Section 11
c. motion for bill of particulars under Rule 12, Sec. 1 to 6
c.1) When to file motion for bill of particulars (Sec. 1, Rule 12)
c.2) Purpose of the motion in civil cases; in criminal cases
1. Virata vs. Sandiganbayan, 221 SCRA 52 (1993)
c.3) Requirements for the motion.
c.4) Action of the court (Sec. 2, Rule 12)
c.5) Instances when Bill of Particulars Allowed; When it is improper.
c.6) Compliance with the Order of the court granting motion for bill of
particulars (Sec. 3, Rule 12);
c.7 Effect of non-compliance (Sec. 4, Rule 12).
c.8 Stay of period to file responsive pleadings (Sec. 5, Rule 12)
k) The resolution of the motion to dismiss shall state clearly and distinctly the reasons
therefor. (Sec. 3)
1. Luistro vs. Court of Appeals, G.R. No. 158819, April 16, 2009
2. Municipality of Binan vs. CA, 219 SCRA 69 (1993) G.R. No. 94733 February 17,
1993
2. Pleadings
a. Reply
b. Answer to counterclaim
3. Others
a. Pre-trial brief
b. Remedy of plaintiff
1. Ko vs. PNB, 479 SCRA 298, January 28, 2006
2. Pleading
a. Answer with or without counterclaim
3. Others
a. Pre-trial brief
e) When motion is filed by plaintiff (Adm. Circular No. 3-99, Jan. 15, 1999; A.M.
03-01-09-SC)
f) Last pleading file - meaning
1. Sarmiento v. Juan, 120 SCRA 403, 408
g) Notice of pre-trial (Sec. 3, Rule 18)
1. Agulto v. Tecson, 476 SCRA 395
h) Appearance of parties and counsel in pre-trial (Sec. 4, Rule 18)
1. Senarlo v. Judge Paderanga, 617 SCRA 247
2. Real Bank Inc., v. Samsung Mabuhay Corp. 633 SCRA 124
H.1. How non-appearance is excused
1. Durban Apartments Corp. v. Pioneer Insurance and Surety Corp. 639
SCRA 441
B. Defendant‘s motion
1. Motion to dismiss
C. Common motions
1. To postpone
2. For consolidation or severance 3 For trial by commissioner
D. Joinder
1. Joinder of claims or causes of action
2. Joinder of parties
Other cases/updates in jurisprudence (Rule 18)
1. BPI v. Genuino, 22 July 2015
2. Philam Life Ins. Co., v. Enerio, 15 September 2010
3. PNB v. Sps. Perez, 15 June 2011
4. Pacana-Contreras v. Rovila Water Supply Inc., 2 December 2013
VII. DEPOSITIONS AND DISCOVERY (Rules 23 to 29)
A. Depositions
B. Interrogatories to parties
C. Admission by adverse party
D. Production or inspections of documents or things
E. Physical and mental examination of persons
a) Meaning of discovery
b) Purpose of discovery
1. Mercader v. DBP, 332 SCRA 82
c) Duty of the court in relation to mode of discovery
d) Modes of discovery under the Rules of Court
D.1. Deposition (Rules 23-24)
D.1.1. Deposition. Defined
D.1.3. Depositions pending action; leave of court when required (Sec.1, Rule 23)
D.1.4. Deposition of a prisoner (Sec.1, Rule 23)
D.1.5 Before whom taken (Sec. 10, 11, 13, 14, Rule 23)
D.1.6. Examination of the deponent (Sec. 15, Rule 23)
D.1.7. Use of depositions pending action (Sec.4, Rule 23)
D.1.8. Effect of substitution of parties (Sec. 5, Rule 23)
D.1.9. Effect of the taking of deposition of a person (Sec. 7, Rule 23)
D.1.10. Effect of using the deposition of a person (Sec. 8, Rule 23)
D.1.11. Oral deposition (Sec. 17, 19, 20, 21, Rule 23)
D.1.12. Deposition upon written interrogatories (Sec. 25, 26 Rule 23)
D.1.13. Deposition before action (Sec. 1, Rule 24)
D.1.14. Perpetuation of testimony before action (Sec. 3, 4, Rule 24)
D.1.15. Deposition pending appeal (Sec. 7, Rule 24)
Cases
1. Fortune Corporation vs. CA, G.R. No. 108119, January 19, 1994
2. Koh vs, IAC, September 23, 1986
3. Republic vs. Sandiganbayan, November 21, 1991
4. Camus de Lopez vs. Maceren, August 31, 1954, 95 Phil 753
5. Caguiat vs. Torres, 30 SCRA 106
6. Dasmarinas Garments Inc. vs. Reyes, 225 SCRA 622
7. Cariaga vs. CA, 358 SCRA 583
E.2. 2016 Revised Rules of Procedure For Small Claims Cases as Amended
A.M. No. 08-8-7-SC, December 8, 2015
1. GMCC United Development Corporation v. Gotesco Regency Twin
Towers Condominium Corporation, G.R. No. 206137, 08 April 2015
2. A.L. Ang Network, Inc. v. Mondejar, G.R. No. 200804, January 22, 2014
3. Okada v. Security Pacific Assurance Corporation G.R. No. 164344,
December 23, 2008
E.3. Court Annexed Mediation and Judicial Dispute Resolution
A.M. No. 11-1-6-SC-PHILJA, January 11, 2011
OCA Circular No. 051-11, April 6, 2011
VIII. SUBPOENA
IX. TRIAL
a) Nature of Trial
1. Acosta v. People, 5 SCRA 774
p. Consolidation or Severance
a) Define (Sec. 1, Rule 31)
1. Philippine National Bank vs. Gotesco Tyan Ming Development, Inc., G.R.
No. 183211, June 6, 2009
*Compare with Rule 2, Sec. 5 & Rule 3, Sec. 6.
c) Consolidation of Civil and Criminal cases; allowed (Sec. 2 (a) Rule 111
of 1985 Criminal Procedure)
1. Republic v. Court of Appeals, 116 SCRA 505
A. Common motion
1. To submit memorandum
B. Defendant’s motion
1.For judgment on demurrer to evidence (Rule 33)
p) Period to render decision. (Art. VIII, Sec. 15, Constitution of the Philippines
1. Plata v. Torres, 570 SCRA 12
r) Obiter Dictum
1. Ayala Corp. v. Rosa-Diana Realty, 346 SCRA 663
s) Amendment of judgment
a. Before it becomes final and executory
1. Eternal Gardens Memorial vs. IAC, 165 SCRA 439 (1988)3
2. Nunal vs. CA, 221 SCRA 26 (1993)
3. Industrial Timber Corp. vs. NLRC, 233 SCRA 597 (1994)
t) Supplemental judgment
1. Esquivel vs. Alegre, 172 SCRA 315 (1989)
z) Summary Judgment
1. Ontimare vs. Elep, G.R. No. 159224, January 20, 2006
2. Spouses Pascual v. First Consolidated Rural Bank (Bohol), Inc, G.R. No.
202597, February 08, 2017
Z.1. Nature of summary judgment (Sec. 1, Rule 35)
Z.2. Summary judgment, when rendered.
Z.3. Distinctions:
i) From judgment on the pleadings
1. Narra Intergrated Corp. v. Court of Appeals, 344 SCRA 781
ii. From a motion to dismiss
Z.4. Validity of Summary Judgment (Sec. 3, Rule 34)
Z.5. Summary Judgment; When not granted.
1. Roque v. Encarnacion, 95 Phil. 643
2. Gatchalian v. Pavilin, et.al. 6 SCRA 508
3.Sunbanun vs. Go, G.R. No 163280, February 2, 2010
4. Meneses vs. Secretary of Agrarian Reform, G.R. No. 156304, October
23, 2006
A. Common motions
1. For reconsideration (Rule 37)
a) Object of the motion.
b) When to file (Sec. 1, Rule 37);
c) No extension (Sec. 2, Rule 40, Sec. 3, Rule 41)
1. Delos Santos v. Elizalde, 514 SCRA 14
2. Heirs of Mendoza v. Court of Appeals, 565 SCRA 506
d) Effect of filing of the motion on the period to appeal (Sec. 2, Rule 40; Sec. 3,
Rule 41)
e) Grounds for Motion for Reconsideration (Sec. 1, Rule 37)
f) Effect when motion is denied; Order of Denial not appealable. (Sec. 9, Rule
37)
g) Effect of granting a motion for reconsideration (Sec. 3, Rule 37)
1. Esquivel v. Alegre, 172 SCRA 315
h) Partial Reconsideration (Sec. 7, Rule 37)
i) Single motion rule (Sec. 5, Rule 37)
j) Motion for reconsideration in summary procedure (Sec. 19 {c}, IV, 1991
Revised Rules on Summary Procedure and Small Claims (Sec. 14 {c})
k) Periods (Sec. 1) For filing
l) Effect of motion for extension of time to file See also Rule 41, Sec. 3, par. 2;
Rule 40, Sec. 2., par. 2
m) Not required for appeal
n) Second motion for new trial (Sec. 5, par. 1)
o) Second motion for reconsideration (Sec. 5, par. 2)
1. CI Leasing and Finance, Inc. vs. Milan, G.R. No. 151215, April 5,
2010
p) For resolution (Sec. 4)
2. For new trial (Rule 37)
a) Nature of new trial.
b) When to file (Sec.1, Rule 37)
c) Effect of filing of the motion on the period to appeal (Sec. 2, Rule 40; Sec. 3,
Rule 41)
d) Form of a motion for new trial. (Sec. 2, Rule 37)
e) Grounds for a motion for new trial. (Sec. 1, Rule 37)
i. Fraud, Accident, Mistake, Excusable Negligence (FAME)
ii. Newly discover evidence
ii.1. Requisites:
1. Ybiernas v. Tanco-Gabaldon, G.R. No. 178925, June 1, 2011
A. Before finality
1. Ordinary appeal
2. Petition for review
3. Petition for review on certiorari
B. After finality
1. Petition for certiorari
2. Petition for relief from judgment
3. Petition for annulment of judgment
a. Nature of Appeal
b. Effect of Appeal
c. Requisites of Appeal
d. Execution Pending Appeal
e. General principles on appeal
1. Stolt Nielsen v. NLRC, 477 SCRA 516
2. Canton v. City of Cebu, 515 SCRA 441
3. Association of Integrated Security Force of Bislig-ALU v. Court of Appeals,
467 SCRA 483
e.1) Judgments or orders not appealable (Sec. 1, Rule 41)
B.1. Remedy in case the judgment or final order is not appealable (Sec. 9, Rule
37)
e.2) Issues that may be raised on appeal
1. Commissioner of Internal Revenue v. Migrant Pagbilao Corp., 504 SCRA 484
e.3) When errors not raised on appeal may be considered
1. Dy vs. NLRC, 145 SCRA 211
2. Comilang v. Burcena, 482 SCRA 342
e.6) Dismissal of Appeal; Court of Appeals (Sec.1, Rule 50); Supreme Court (Sec.5, Rule
56)
1. The Government of the Kingdom of Belgium v. Court of Appeals, 551 SCRA
223
2. Beatingo v. Gasis, 642 SCRA 539
S). Appeal from Municipal Trial Court to the Regional Trial Court (Rule 40)
a) Where to appeal (Sec. 1)
b) When to appeal (Sec. 2)
c) How to appeal (Sec. 3)
d) Perfection of appeal (Sec. 4) See Rule 41, Sec. 9
e) Appellate court and other lawful fees (Sec. 5) Same as Rule 41, Sec. 4
f) Procedure in RTC (Sec. 7)
g) Appeal from MTC order dismissing case
i. without trial on the merits (Sec. 8, par. 1)
ii. with trial on the merits (Sec. 8. par. 2)
1. Provost vs. CA, G.R. No. 160406, June 26, 2006
2. Encarnacion vs. Amigo, G.R. No. 169793, September 15, 2006
t) Appeal from Regional Trial Court to the Court of Appeals (Rule 41)
a) Subject of appeal (Sec. 1)
b) Non-appealable orders A.M. No. 07-7-12-SC (dated December 4, 2007 – took effect
on December 27, 2007) – Amendments to Rules 41, 45, 58 and 65
c) Modes of appeal (Sec. 2)
d) Period of ordinary appeal (Sec. 3)
e) Interrupted by timely MNT or MR
f) No motion for extension of time to file MNT or MR
g) MR filed on last day of 15-day period
1. Manila Memorial Park vs. CA, 344 SCRA 769 (2001)
h) New rule on appeal after denial of MR or MNT
1. Neypes vs. CA, 469 SCRA 633 (2005)
i) When appeal allowed even if period to appealhas expired
1. Trans International vs. CA, 285 SCRA 49 (1998)
j) RTC cannot dismiss appeal on ground that only questions of law involved
1. Kho vs. Camacho, 204 SCRA 150 (1991)
k) Appellee who has not appealed may not obtain affirmative relief from appellate court
1. Custodio vs. CA, 253 SCRA 483 (1996)
l) Exception – when there is solidarity in obligations
`1. Citytrust Banking Corp. vs. CA, 196 SCRA 553 (1991)
m) Perfection of appeal (Sec. 9, 1st and 2nd pars.)
n) Loss of jurisdiction (Sec. 9, 3rd and 4th pars.)
o) Residual powers (Sec. 9, 5th par.)
p) Dismissal of appeal (Sec. 13)
a. late filing
b. non-payment of docket and other lawful fees
a) Scope (Sec.1)
1. Fabian vs. Desierto, 295 SCRA 440 (1998)
b) Ombudsman criminal cases – Supreme Court via Rule 65
1. Garcia-Rueda vs. Pascasio, 278 SCRA 269 (1997)
c) Cases not covered (Sec. 2)
1. St. Martin Funeral Home vs. NLRC, 295 SCRA 494 (1998)
2. Lanting vs. Ombudsman, 458 SCRA 93 Cases not covered (Sec. 2)
d) Decisions of Secretary of Labor and Director of Bureau of Labor Relations –
petition for certiorari to CA under Rule 65
e) Decisions of DOJ Secretary in petitions for review prosecutors‘ resolutions –
petition for certiorari to CA under Rule 65
1. Santos vs. Go, 473 SCRA 350 (2005)
1. Alcaraz vs. Gonzales, G.R. NO. 164715, September 20, 2006 Not
applicable where there is error of jurisdiction
f) Not applicable where there is error of jurisdiction
1. Fortich vs. Corona, 289 SCRA 624 (1998)
a) What to file; from what courts, how to appeal (Sec. 1) CA, SB, CTA, RTC only
b) Remedies of appeal and certiorari mutually exclusive;
c) Rule 45 distinguished from Rule 65;
d) petition for certiorari treated as petition for review
1. Nunez vs. GSIS Family Bank, 475 SCRA 305 (2005)
e) Only questions of law may be raised
Exc. In an appeal from a judgment or final order of the court in a petition for a
writ of amparo or writ of habeas data, questions of fact may be raised (A.M. No.
07-9-12-SC, Rule on the Writ of Amparo, effective October 24, 2007; A.M. No.
08-0-16-SC, Rule on the Writ of Habeas Data, effective February 2, 2008)
y) Petition for Relief from Judgments, Orders or Other Proceedings Rule 38 (Sections 1 to 7)
A. Petition for Relief from Judgments, Orders or Other Proceedings
a) Grounds and nature (Secs. 1, 2)
b) Requires final judgment or loss of appeal
c) Can this remedy be availed of in the Court of Appeals?
d) Time for filing (Sec. 3)
e) Strictly followed
1. Escueta vs. Lim, G.R. No. 137162, January 24, 2007
f) Contents
g) Affidavit of merit (Sec. 3)
h) When motion for reconsideration considered as petition for relief
i) Action of court before answer
j) Power to deny
k) Preliminary injunction pending proceeding (Sec. 5)
l) Order to file answer (Sec. 4)
m) Procedure
n) Availability of preliminary injunction (Sec. 5)
o) Proceedings after answer is filed (Sec. 6)
p) Where denial of appeal is set aside (Sec. 7)
q) Action of court after giving due course
r) Grant of petition for relief (Sec. 7)
s) Denial of petition for relief (Rule 41, Sec. 1 (b))
t) Remedies after petition for relief expires
u) Reopening not allowed
1. Alvendia vs. IAC, 181 SCRA 282
c) Grounds (Sec. 2)
1. Cosmic Lumber Corp. vs. CA, 265 SCRA 166 (1996)
d) Where petition filed (Secs. 1, 10)
e) Period for filing (Sec. 3)
f) Laches
1. Marcelino vs. CA, 210 SCRA 444 (1992)
g) Parties and contents (Sec. 4)
h) May be filed by a non-party to the judgment
i) Available even if judgment has been executed (Sec. 9)
1. Islamic Da’Wah Council of the Phils. vs. CA, 178 SCRA 178(1989)
j) Action by the court (Sec. 5)
k) Procedure (Sec. 6)
l) Effect of judgment (Sec. 7)
m) Suspension of prescriptive period (Sec. 8)
n) Only available against a final and executory judgment
1. Valencia vs. CA, 352 SCRA 72 (2001) Fraud, accident, mistake, excusable
negligence
2. Gomez vs. Montalban, G.R. No. 174414, March 14, 2008 Time for filing
(Sec. 3)
A. In general
1. Kinds of execution
a. Mandatory
b. Discretionary
C. Execution sales
a. Sales on execution
b. Conveyance of property sold on execution
c. Redemption of property sold on execution
D. Satisfaction of judgment
Cases:
A. Preliminary Attachment
1. Grounds (Sec. 1)
2. Requirements (Sec. 3)
3. Manner of Attaching (Sec. 5)
4. Discharge of Attachment (Sec. 5, 12, 13)
5. 3rd Party Claim (Sec. 14)
6. Claim for Damages (Sec. 20)
Cases
Laws:
1. Rule 58 – Preliminary Injunction
2. Sec. 9(1) B.P . Blg. 129
3. A.M. 99-10-5-0
4. P .D. 1818
5. P .D. 605
6. Republic Act No. 8975 (November 7, 2000)
7. R.A. No. 7653, Sec. 25
Cases:
II. Receivership, Replevin, Support Pendente Lite, Interpleader, Declaratory Relief, and
Review of Judgments and Final Orders or Resolutions of the Commission on Elections and the
Commission on Audit
Laws:
1. Rule 59 – Receivership
2. Rule 60 – Replevin
3. Rule 61 – Support Pendente Lite
• Articles 194, 195, 201, 202, Family Code of the Philippines
• A.M. No. 02-11-12-SC
4. Rule 62 – Interpleader
5. Rule 63 – Declaratory Relief
6. Rule 64 - Review of Judgments and Final Orders or Resolutions of the Commission
on Elections and the Commission on Audit
Cases:
C. Review of Judgments and Final Orders of the COMELEC and COA (Rule 64)
1. Alliance for Nationalism and Democracy vs. COMELEC G.R. No. 206987
September 10, 2013
D1. Certiorari
a) Constitutional provisions on judicial power Art. VIII, Sec. 1, par. 2, Constitution
b) Petition for certiorari, in general (Sec. 1)
a. Grounds
b. Requirements
c. Procedure, parties and effects
b. When court with jurisdiction and rendered decision, but decision not correct,
committed error of judgment – decision valid even if wrong, and remedy is appeal
D2) Prohibition
a. Grounds
b. Requirements
c. Procedure, parties and effects
Cases
1. David vs. Rivera 420 SCRA 90, January 16, 2004
2. Tan et al vs. COMELEC G.R. No. 73155, July 11, 1986
3. Vivas vs. Monetray Board of BSP G.R. No. 191424 August 7, 2013
4. Corales vs. Republic G.R. No. 186613, August 27, 2013
D3) Mandamus
a. Grounds
b. Requirements
c. Procedure, parties and effects
d. Damages
Cases
1. Mayuga vs. CA, August 30, 1996
2. Uy Kiao Eng vs. Nixon Lee, G.R. No. 176831, January 15, 2010
3. Matibay vs. Garcia, January 25, 1983
4. Paloma vs. Mora, 470 SCRA 711
5. MMDA vs. Concerned Residents of Manila Bay, 574 SCRA 661, December 18
6. Hipos vs. Bay G.R. Nos. 174813-15 March 17, 2009
7. Funa vs. Manila Economic and Cultural Office G.R. No. 193462, February 04,
2014
8. Cudia vs. Superintendent of PMA G.R. No. 211362 February 24, 2015
9. Villanueva v. JBC G.R. No. 211833, April 07, 2015
Cases
1. Mendoza vs. Allas G.R. No. 131977. February 4, 1999
2. Calleja vs. Panday G.R. No. 168696 February 28, 2006
3. Lokin Jr. vs. COMELEC G.R. Nos. 179431-32 June 22, 2010
4. Aratea vs. COMELEC G.R. No. 195229 October 9, 2012
5. De Castro Vs. Carlos G.R. No. 194994 April 16, 2013
6. Velasco vs. Belmonte January 12, 2016 G.R. No. 211140
7. Republic vs. Sereno G.R. No. 237428, May 11, 2018
Cases
1. City of Manila vs. Serrano G.R. No. 142304 June 20, 2001
2. National Power Corp. vs. CA G.R. No. 198139, September 08, 2014
3. Republic vs. Andaya G.R. No. 160656 June 15, 2007
4. Abad vs. Fil. Homes Realty G.R. No. 189239 November 24, 2010
5. NPC vs. YCLA Sugar Dev. Corp G.R. No. 193936 December 11, 2013
6. Limkaichong vs. LBP G.R. No. 158464, August 02, 2016
G) Foreclosure of Real Estate Mortgage (Rule 68)
1. The Complaint (sec. 1)
2. The Judgment (Sec. 2)
3. Sale of foreclosed property (Sec. 3)
- Equity of Redemption
4. deficiency Judgment (Sec. 6)
Cases
1. Ramirez vs. Manila Banking Corp. foreclosure G.R. No. 198800 December 11,
2013
2. Marquez vs. Alindog G.R. No. 184045 January 22, 2014
3. Ardiente vs. Provincial Sheriff Foreclosure G.R. NO. 148448 : August 17, 2004
4. LZK Holdings vs. Planters Development Bank G.R. No. 187973, January 20,
2014
5. Goldenway Merchandizing Corp. vs. Equitable PCI Bank G.R. NO. 195540 :
March 13, 2013
6. Solid Builders vs. CBC G.R. No. 179665 April 3, 2013
7. Robles vs. Yapcinco G.R. No. 169568, October 22, 2014
8. MBTC vs. CPR Promotions and Marketing Inc. G.R. No. 200567, June 22, 2015
Cases
1. Balus vs. Balus partition G.R. No. 168970 January 15, 2010
2. Feliciano vs. Canosa partition G.R. No. 161746 September 1, 2010
3. Mangahan vs. Brobio partition G.R. No. 183852 : October 20, 2010
4. Vda. De Figuracion vs. Figuracion-Gerilla G.R. NO. 154322 : August 22, 2006
Cases
1. Suarez vs. Emboy. Jr. G.R. No. 187944, March 12, 2014
2. Alconera vs. Pallanan A.M. No. P-12-3069 January 20, 2014
3. Teodoro vs. Espino G.R. No. 189248 February 5, 2014
4. Ferrer vs. Rabaca A.M. No. MTJ-05-1580 October 6, 2010
5. CGR vs. Treyes G.R. NO. 170916 : April 27, 2007
6. Zacarias vs. Anacay G.R. No. 202354, September 24, 2014
7. Manalang vs. Bacani G.R. No. 156995, January 12, 2015
8. Supapo vs. De Jesus G.R. No. 198356, April 20, 2015
9. Dela Cruz vs. Hermano G.R. No. 176055 March 17, 2014
10. Erorita vs. Dumlao January 25, 2016 G.R. No. 195477
Cases: