TITLE OF SUBJECT: CIVIL PROCEDURE 1

UNITS: Three (3)

SUBJECT DESCRIPTION:

This subject is a study of Rules 1-39 of the 2019 Amended Rules of Civil
Procedure. The course starts with a review of the differences between substantive and
remedial law, the basic principles of jurisdiction, and the power of the Supreme Court to
promulgate the Rules of Court. The course involves the analysis of the relevant rules,
jurisprudence, and related laws governing procedure in civil cases and upon completion
of the course, students are expected to have a strong fundamental knowledge and
understanding of the Rules of Civil Procedure.

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I. Remedial Law vs. Substantive Law

II. Rule Making power of the Supreme Court

1. Source
2. Limitations
3. 1987 Philippine Constitution

III. Jurisdiction

1. What is Jurisdiction
2. Aspects of Jurisdiction
a. Jurisdiction over the parties
b. Jurisdiction over the subject matter
c. Jurisdiction over the issues
d. Jurisdiction over the res
3. Classification of jurisdiction
a. Original
b. Appellate
c. Exclusive
d. Concurrent
e. General
f. Specific
4. Doctrines related to Jurisdiction
a. Doctrine of Hierarchy of Courts
b. Doctrine of Non-interference
c. Doctrine of Judicial Stability
d. Doctrine of Continuity of Jurisdiction
e. Doctrine of Estoppel on Jurisdiction
5. How is Jurisdiction determined
6. How is Jurisdiction Acquired
7. Effects of Lack of Jurisdiction
8. Cases
a. Bureau of Customs vs. Devanadera, GR No. 193253,
September 8, 2018
b. Ga, Jr., vs. Tubungan, 600 SCRA 736).
c. Calimlim vs. Ramirez, 118 SCRA 399; Pangilinan vs. CA, 321
SCRA 51
d. Tijam vs. Sibonghanoy, 23 SCRA 29

IV. The Philippines Courts

1. Supreme Court
2. Court of Appeals
3. Special Appellate Courts
4. Second Level Courts
5. First Level Courts
6. Jurisdiction in Civil Cases of Philippine Courts

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 a. BP 129
b. 1987 Philippine Constitution
c. RA 11576

V. RULES ON CIVIL PROCEDURE (2019)

RULE 1 APPLICABILITY IN CIVIL ACTIONS

RULE 2 CAUSE OF ACTION
1. Ordinary Civil Action
a. Classification of Civil Action as to cause
a. Real Action
b. Personal Action
b. Classification as to object
a. Action in Rem
b. Action in Personam
c. Action Quasi In Rem
2. Criminal Action
3. Special Civil Action
4. Special Proceedings
5. Cases not covered by the Rules of Court
2. Elements of Cause of Action
3. Splitting a single cause of action
a. Effects
4. Joinder of causes of Action
5. Conditions for Joinder of Action
6. Rule on Joinder of Parties
7. Misjoinder of Causes of Action
8. Cases
1. Navoa v. Court of Appeals, G.R. No. 59255, [December 29,
1995]
2. Swagman Hotels and Travel v. CA, G.R. No. 161135 (2005)
3. Perez v. Court of Appeals, G.R. No. 157616, [July 22, 2005]
4. Spouses Decena v. Spouses Piquero, G.R. No. 155736, March
31, 2005
5. City of Bacolod v. San Miguel Brewery, Inc., G.R. No. L-25134

RULE 3: PARTIES TO CIVIL ACTION

1. Who may be parties

a. Plaintiff vs. Defendant
2. Juridical Persons
a. Entities Authorized by law
3. Representatives as Parties
4. Spouses as Parties
5. Real Party in Interest
i. Effect if the party is not a real party in interest
6. Permissive Joinder of Parties
a. Compulsory Joinder
i. Indispensable Party
b. Permissive Joinder
i. Requisites for Joinder of Parties
ii. Rationale of Joinder of Parties
c. Necessary Party
7. Non-Joinder of necessary Parties
8. Unwilling Co-Plaintiff
9. Misjoinder and Non-joinder of Parties

10. Class Suit

a. Conditions for a valid class suit
b. Requites for Class Suit
11. Alternative Defendants

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 12. Unknown identity or name of the defendant
13. Entity without juridical personality as defendant
14. Death of the party
a. Duty of counsel
b. Effects
c. Non-Compliance
d. Who may substitute
e. Death or separation of a party who is public officer
f. Effect of Death of defendant
a. Rule 86
15. Party becomes incompetent or incapacitated
a. Effects
16. Transfer of Interest
17. Indigent Party
18. Cases
a. Spouses Laus vs. optimum Security Services, GR
No. 208343, February 3, 2016)
b. Flores v. Mallare-Phillipps, G.R. No. L-66620,
[September 24, 1986]
c. Juana Complex I Homeowners Assn., Inc., vs. Fil-
Estate, Land, Inc., GR No. 152272, March 5, 2012
d. Vano vs. Alo, 95 Phil. 495
e. Somes vs. Govt. of Phil., 62 Phil. 432
f. Frias, Jr. v. Sorongon, G.R. No. 184827, [Feb 11,
2015]

RULE 4: VENUE OF ACTIONS

1. Venue of Real Actions

2. Venue of Personal Actions
3. Jurisdiction vs. Venue
4. Residence
5. Venue if Non-Resident not found in the Philippines
6. Non-applicability of Rules on Venue
7. Dolot v. Paje, G.R. 199199 (2013)

RULE 5: UNIFORM PROCEDURE IN TRIAL COURTS

1. Applicability and Uniformity

2. Rules on Summary Procedure
3. Rule on Small Claims
4. Expedited Procedure
5. Procedure in RTCs

RULE 6: KINDS OF PLEADINGS

1. What are Pleadings
2. Pleadings allowed
a. Complaint
b. Answer
1. Defenses
2. Negative
3. Affirmative
4. General Denial vs. Specific Denial
c. Counterclaim
1. Kinds of Counterclaim
d. Cross-claim
e. Third (fourth,etc) party complaint
f Complaint in intervention
g. Reply
1. Effect of Non-Filing of Reply
h. Rejoinder

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 4. Cases
1. Seconds To Go v. Fabriano Societa Per Azioni,
Inc., G.R. No. 213698, November 12, 2014
2. Serrano Mahilum v. Spouses Ilano, G.R.
No. 197923, June 22, 2015
3. Warner Barnes v. Reyes, 103 Phil. 662
4. Alba, Jr. v. Malapajo, G.R. No. 198752,
January 13, 2016

RULE 7 : PARTS AND CONTENTS OF A PLEADING

1. Caption
2. Body
3. Relief
4. Signature and Address
5. Significance of Signature
6. Verification
7. Certification against Forum Shopping
8. Cases
1. Fontana Development Corp. v. Vukasinovic,
G.R. No. 222424, [September 21, 2016]
2. LDP Marketing, Inc. v. Monter, G.R. No.
159653, [January 25, 2006]

RULE 8: MANNER OF MAKING ALLEGATIONS

1. General Averments
2. Actions or Defense Based on Document
a. Examples of actionable document
b. Requirement regarding actionable document
3. Specific Denials
a. Absolute Denial
b. Partial Denial
c. Denial by Disavowal of knowledge
d. Effect of Failure to make specific denial
e. Instances when specific denial is not required
4. General Denial
5. Affirmative Defenses
a. Defenses allowed under the rules
b. Proper Court actions in resolving affirmative defenses
6. Cases
a. Republic vs. Gimenez, GR 174673
b. Warner Barnes & Co. vs. Reyes, GR L-9531

Rule 9: EFFECT OF FAILURE TO PLEAD

1. Default
a. Proper declaration of default
b. Effects of Order of default
c. Remedies of defendants declared in default
d. Effect of Partial default
e. Cases where default is not allowed

RULE 10: AMENDED AND SUPPLEMENTAL PLEADINGS

1. Amendments in General
2. Kinds of Amendment under the new rules
a. Amendment as a matter of right

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 b. Amendment by leave of court
c. Substantial Amendment
d. Formal Amendment
3. Effect of Amendment

RULE 11: WHEN TO FILE RESPONSIVE PLEADING

1. Answer to the complaint

2. Answer of a defendant foreign private juridical entity
3. Answer to an amended complaint
4. Answer to a counterclaim or cross-claim
5. Answer to a third-party complaint
6. Reply
7. Answer to supplemental complaint
8. Answer to a complaint under the Rules on Summary
procedure/Expedited Rules
9. Extension of time to file Answer

RULE 12: BILL OF PARTICULARS

1. When to Apply for/ Purpose

2. Instances where Motion for Bill of Particulars is not allowed
3. Action by the Court
4. Effect of Non-compliance

RULE 13: FILING AND SERVICE OF PLEADINGS, JUDGMENTS AND

OTHER PAPERS

1. Filing and Service defined

2. Manner of Filing
3. Modes of Service
a. Personal Service
b. Registered Mail
c. Accredited Courier
d. Electronic Mail/ Mean
e. International conventions to which the Philippines is a party
4. Substituted Service
5. Presumption of Service
6. Completeness of Service
7. Proof of filing and service
8. Notice of Lis Pendens

RULE 14: SUMMONS

1. Summons
a. Purpose
b. Who issues
c. When issued
d. Contents
e. Validity of summons
2. By whom served
a. Period to serve
b. Return
3. Service
a. Personal
b. Substituted
c. Constructive Service
d. Service upon entity without juridical personality
e. Service upon minors

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 f. Service upon prisoners
g. Service upon spouses
h. Service upon domestic corporations
i. Service upon public corporation
4. Publication of Summons
a. Service upon foreign private juridical entities
b. Service upon defendant whose identity or whereabouts are
unknown
c. Defendants temporarily out of the country
d. Non-resident Defendants
5. Extraterritorial Service
a. When availed
b. Modes of effecting extraterritorial service
6. Voluntary Appearance
7. Cases
a. Asiavest Limited v. CA 296 SCRA 539
b. Romualdez-Licaros v. Licaros 401 SCRA 762
c. Cathay Pacific Airways v. Romillo 141 SCRA 451

RULE 15: MOTIONS

1. Kinds of motions
a. Litigious
b. Non-litigious
2. Difference of Motion and Pleading
3. Requirements of a motion
4. Omnibus motion rule
5. Prohibited Motions

RULE 17: DISMISSAL OF ACTIONS

1. Kinds of Dismissal
2. Two Dismissal Rule
a. Applicability
3. Motion to Dismiss initiated by the plaintiff
4. Dismissal due to the fault of the plaintiff
5. Cases
a. PNB v. Daradar June 28, 2021
b. Ching vs. Cheng October 8, 2014

RULE 18: PRE-TRIAL

1. What is Pre-trial
2. When should Pre-trial be conducted
3. Things to consider during Pre-trial
4. Requirements
5. Failure : Effects
a. Appear
b. File Pre-trial Brief
c. Bring documents or evidence required
6. Excused Absence during Pre-trial
7. Contents of Pre-trial Brief
8. Contents of Pre-trial Order
9. Motu Proprio Summary Judgment

RULE 19: INTERVENTION

1. Define Intervention
2. Who may Intervene
3. Requisites for a non-party to intervene
4. When to intervene
5. Types of Pleadings

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 i. Period
6. Examples of Intervention
7. Cases
i. Ombudsman vs. Bongais July 23, 2018, J.Perlas Bernabe
ii. Malvar vs. Kraft Foods Phils. September 9, 2013, J.
Bersamin
iii. Lim v. NAPOCOR November 14, 2012

RULE 20: CALENDAR OF CASES

RULE 21: SUBPOENA

1. What is subpoena
a. Kinds
b. Service
2. Who may issue subpoena
3. Forms and Contents
4. Viatory Right of a witness
a. Instances
b. Not applicable
5. Quashal of Subpoena

RULE 22: COMPUTATION OF TIME

1. How is time computed under the Rules

2. Effect of interruption

MODES OF DISCOVERY

1. Purpose of Discovery
2. Characteristics of Discovery
a. Largely self-executing process
b. Flexible and permit various method subject to court
protection against abuse
c. Not final and appealable orders (Fundamentals of PT,
Thomas A. Mauet)
3. What are the modes of Discovery
a. Deposition pending Action
b. Deposition before action pending Appeal
c. Interrogatories to parties
d. Request for Admission by adverse party
e. Motion for production or inspection of documents or things
f. Motion for physical or mental examination of a party

RULE 23: DEPOSITION PENDING ACTION

1. What is deposition
2. Kinds to deposition
3. When may be availed
4. When taken
5. Before whom taken
6. Purpose of Deposition
7. Effect of Using deposition
8. Objections

RULE 24: DEPOSITIONS BEFORE ACTION OR PENDING APPEAL

1. When availed
2. Purpose
3. Objections

RULE 25: INTERROGATORIES to PARTIES

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 1. What are interrogatories
2. Use of Interrogatories
3. How served to adverse party
4. Duty of the party served
a. Period to answer
b. Effect of failure to answer
c. Objections
5. Effect if party was not served

RULE 26: ADMISSION by ADVERSE PARTY

1. How is admission made

2. When can be made
3. Purpose of Admission
4. Duty of the party served
a. Period to answer
b. Effect of failure to answer
c. Objections

RULE 27: PRODUCTION OR INSPECTION OF DOCUMENTS OR THINGS

1. Purpose
2. What may be subject of production or inspection

RULE 28: PHYSICAL AND MENTAL EXAMINATION OF PERSONS

1. Requisites for the issuance of the order

2. Effects of the examined party
a. As to the party examined
b. As to the party causing the examination
3. Effect of Refusal to deliver a report

RULE 29: REFUSAL TO COMPLY WITH THE MODES OF DISCOVERY

1. Effect of Refusal to comply

a. Refusal to answer any question
b. Refusal to be sworn
c. Refusal to obey order
i. To answer question
ii. To produce documents
iii. To submit physical or mental examination
d. Refusal to admit sworn denial
e. Failure to attend or serve answers

RULE 30: TRIAL

1. What is trial
2. Order of trial
a. Plaintiff’s evidence
b. Defendant’s evidence
c. Third party defendant, counterclaim, cross claim and fourth
party complaint
d. Fourth party
e. Parties subject of counterclaim or cross claim
f. Rebuttal evidence
g. Upon admission of evidence, the case shall be deemed
submitted for decision unless submission of respective
memoranda is allowed
3. Oral Offer of Exhibits
4. Ex-parte proceedings
a. Delegated to clerk of court

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RULE 31: CONSOLIDATION OR SEVERANCE

1. What is consolidation of actions

2. When allowed
3. What is severance of actions
4. When is severance allowed

RULE 32: TRIAL BY COMMISSIONER

1. When can a case be referred to a commissioner

2. How reference is made
3. Powers of the commissioner
a. To regulate the proceedings before him
b. To do all acts and tale all measures necessary or proper for
the efficient performance of duties
c. To issue subpoenas
d. To swear witnesses
e. To rule upon the admissibility of evidence
4. Failure of the parties to appear
5. Report
6. Objections

RULE 33: DEMURRER TO EVIDENCE

1. What is a demurrer to evidence

2. When may be filed
3. Grounds for demurrer
4. Effects of denial of demurrer
5. Effect of denial and reversed on appeal
6. Difference with Demurrer to Evidence in Criminal Case
7. Cases:
a. Radiowealth Finance vs. Del Rosario, July 6, 2000
b. GMA Network vs. Central CATV July 18, 2014

RULE 34: JUDGMENT ON THE PLEADINGS

1. What is Judgment on the pleadings

2. When allowed / basis
3. Meaning of an answer fails to tender an issue
4. Judgments without trial
5. Improper Judgment on the pleadings

RULE 35: SUMMARY JUDGMENTS

1. What is summary judgments

2. When allowed
3. Define Genuine issue
4. In what actions proper
5. Contents of Motion for Summary Judgment
6. Difference from judgment on the pleadings
7. What is partial summary judgment
8. Affidavits in Bad faith

RULE 36: JUDGMENTS, FINAL ORDERS and ENTRY THEREOF

1. What is a judgment
2. Parts of a judgment
3. Conflict in the body and disposition portion, effects
4. Requisites for a valid judgment
5. Finality of a judgment
6. Doctrine of Immutability of Judgment
a. Exceptions

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RULE 37:NEW TRIAL or RECONSIDERATION

1. Period to file Motion for New Trial of Reconsideration

2. Grounds
a. New Trial
i. F.A.M.E.
ii. Newly Discovered Evidence
b. Reconsideration
i. Excessive damages
ii. Decision contrary to law
3. Pro forma Motion, effects
4. Period of filing
5. Second motion
6. Effect of Granted Motion for New trial
7. Effect of Granted Motion for Reconsideration
8. Fresh period/ Neypes Doctrine

RULE 38: PETITION FOR RELIEF

1. When may be filed

2. Grounds
3. Period to file
4. Where to file
5. Requirements
6. Effect of Granting Petition for Relief

RULE 39: EXECUTION, SATISFACTION, and EFFECTS OF

JUDGMENTS

1. What is execution
a. Execution as a matter of right
i. Where to file
b. Execution as a matter of discretion
i. Requirements for discretionary execution
2. When may execution be stayed
a. Judgments not stayed by appeal
3. Contents of Writ of Execution
4. Execution on judgment for money
a. Immediate payment on demand
b. Satisfaction by levy
c. Garnishment of debts and credits
5. Execution on specific act
a. Delivery of personal property
b. Removal of improvements
c.
6. What is revival of judgment
7. Properties exempt from execution
8. Effectivity/ Lifetime of Writ of Execution
9. Remedy of third persons (Third party claim in attachment and
replevin)
a. What is terceria
b. Procedure
10. Judgments that are immediately executory
11. Redemption
a. Who may redeem
b. Period to redeem
12. Cases
a. Philippine Trust Co. vs. Roxas, GR 171897, October 14, 2015
b. Ilaw Buklod ng Manggagawa [IMB] vs. Nestle Philippines, Inc.,
September 23, 2015)

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 c. Lou vs. Siapno, 335 SCRA 181
d. Mejia-Espinoza vs. Carino, GR193397, January 25, 2017
e. Ching vs. CA 423 SCRA 356

VI: Additional Laws/Issuances:

1. Judicial Affidavit Rule

2. BP 129
3. Rule on Expedited Procedures in First Level Courts (AM No. 08-8-7-SC)
4. RA 11576

Grading System:

Attendance - 10%
Recitation - 30%
Midterms - 30%
Final Exams - 30%
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100%

Resources:

1. Rules of Court
2. Civil Procedure by Dean Ferdinand A. Tan
3. Civil Procedure by Dean Riaño
4. Primer on Remedial Law by Atty. Manuel R. Riguera
5. SC Decisions
6. SC Issuances
Commit your work to the LORD,
and your plans will be established. Proverbs 16:3

Eye on the prize (“,)

Judge JLAU

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