Civil Procedure Syllabus-Atty. Chato Cabigas.docx

Civil Procedure Syllabus Atty. Chato Ancheta Cabigas –Punzalan Wed 5-9pm I. BASIC CONCEPTS · · ·

Remedial Law Remedial Statute Procedural Law v. Substantive Law o Bustos v Lucero, October 20, 1948

·

Retroactive Application of Procedural Law: Fresh-Period Rule o Neypes Doctrine o Rodriguez v. People, October 24, 2012 o San Lorenzo Ruiz Builders v. Bayang, April 20, 2015

·

Power to Promulgate Rules of Procedure

·

Court v. Judge

·

Court of Law v. Court of Equity

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Different Courts in the Philippine o Constitutional o Statutory o Tribal Courts

· Kinds of Actions and their Distinctions · Coverage/Application of Rules of Court and its exemption/suppletory application · Concept of Liberal Construction of the Rules o Cabrera v. Ng, March 12, 2014 o Negros Slashers, INc., v. Alvarez, et al., February 22, 2012 o Cebu Bionic Builders Supply v. DBP, November 17, 2010 ·

Power of Supreme Court to Suspend its Own Rules: Grounds o Garcia v. CA, January 28, 2013

·

Rule Making Power of the Supreme Court o GSIS v Caballero, October 4, 2010

· Power of the Congress to Enact Laws Affecting the Jurisdiction of the Supreme Court ·

Katarungang Pambarangay Law: o Purpose § Aquiono v. Laure, February 18, 2008 o

Exceptions to Referral to Katarungang Pambarangay Law

§ Sanbanun v. Go, February 2, 2010 o

Effect of Non-Compliance with Katarungan Pambarangay Law

o

Effect of Amicable Settlement at the Barangay Level § Miguel v. Montanez, January 25, 2012

o

Execution and Repudiation of Amicable Settlement § Vidal et al., v. Escueta, December 10, 2003 Certificate to File Action

o

II. SPECIFIC TOPICS A.

Cause of Action 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11.

B.

C.

Meaning Elements of Cause of Action Cause of Action in Specific case Right of Action vs. Cause of Action Commencement of Action Commencement of Action in relation to Prescriptive Period Failure to state cause of action Test of the sufficiency of a cause of action Splitting a single cause of action and its effects Joinder and Misjoinder of causes of action Remedy in case of Misjoinder of cause of Actions

Actions 1. Ordinary civil actions 2. Special civil actions 3. Criminal actions 4. Civil actions vs. Special proceedings 5. Personal actions and real actions 6. Local and transitory actions 7. Actions in rem, personam and quasi in rem 8. Independent civil actions Jurisdiction 1.

Classification of Jurisdiction: i. General ii. Special – Limited iii. Original – Appellate iv. Exclusive - Concurrent (Subject to Hierarchy) – Delegated v. Territorial

2.

Over the parties (Meaning and Significance) a. How jurisdiction over the plaintiff is acquired b. How jurisdiction over the defendant is acquired

· c. d. · 3.

Rapid City Realty v. Villa, February 11, 2010 When jurisdiction over the person of the defendant is required Objections to Jurisdiction over the person of the defendant Boston Equity Resources v. CA

Over the subject matter a. ·

Meaning of jurisdiction over the subject matter Ursua v. Republic, January 24, 2012

b.

Jurisdiction vs. Exercise of Jurisdiction

c.

Error of judgment vs. Error of Jurisdiction

d. · ·

How is jurisdiction conferred and determined Ursua v. Republic, January 24, 2012 City of Dumaguete v. PPA, August 24, 2011

e. ·

Doctrine of Primary Jurisdiction Province of Aklan v. Jody King Construction, November 27, 2013

f. Doctrine of Adherence to Jurisdiction · Lucia Barrameda v. Rural Bank of Canaman, Inc, November 24, 2010 g. ·

Doctrine of Judicial Stability or Non-Interference PAFIN v. EJI Yanagisawa

h. ·

Doctrine of Hierarchy of Courts Dy v. Hon. Palamos, September 11, 2013

i. ·

Objections to Jurisdiction over the Subject matter Republic v. Batigue Point Development Corp, March 14, 2012

j. ·

Effect of Estoppel on Objections to Jurisdiction Tijam v.Sibonghanoy

k. · · ·

Payment of Filing Fee/Docket Fee Julian v. DPB December 7, 2011 FEDMAN Development Corp v. Agcaoili, August 31, 2011 Sun Insurance v. CA

4.

Over the Issues

5.

Over the res or the property in litigation

6.

Jurisdiction of Courts a. Supreme Court b. Court of Appeals

c. Court of Tax Appeals d. Sandiganbayan e. Regional Trial Courts f. Family Courts g. Metropolitan Trial Courts- Municipal trial Courts h. Shariah Courts i. Over Small Claims, Rules on Summary Procedure, Barangay Conciliation j. Totality Rule D.

Parties to civil action 1.

Real parties in interest, a. Citizen suit in environmental cases b. Civil Forfeiture c. Derivative Suit · Contreras v. Rovila Water Supply, December 2, 2013

2.

Indispensable parties o Guy v. Guy, September 5, 2012 o Arcelona v. CA, June 22, 2011 o Go v. Distingction Properties Development, April 25, 2012

3. ·

Representatives as parties, Ang v. Sps. Ang, August 22, 2012

4.

Necessary parties

5.

Indigent parties

6.

Alternative defendants

7.

Compulsory and permissive joinder of parties

8. · ·

Misjoinder and non- joinder of parties Orpiano v. Sps. Tomas, January 14, 2013 Sps Genato v. Viola, February 5, 2010

9. · ·

Class suit Complexi v. Fil-Estate, march 5, 2012 Newsweek v. IAC, May 30, 1986

10. Suits against entities without juridical personality 11. Effect of death of a party litigant · Napere v. Barbarona, January 31, 2008

12. Transfer of Interest 13. Actions that do/and do not survived E.

Venue 1. Venue vs. Jurisdiction 2. Venue of Real Actions · Copioso v. Copioso [2002] · Ang v. Sps. Ang, August 22, 2012 · Emergency Loan pawnshop v. CA, Febraury 28, 2010 3. 4. 5. 6.

F.

Venue of Personal Actions Venue of actions against non residents When the rules on venue does not apply Effects of stipulation on venue

Pleadings 1. Efficient Use of Paper Rule (A.M. 11-09-04-SC) 2. Kinds of pleadings a. Complaint b. Answer i. Negative defense ii. Negative pregnant iii. Affirmative defenses iv. SLAPP Defense (A.M. 09-06-08-SC)

3.

c.

Counterclaims i. Compulsory counter claim ii. Permissive counter claim iii. Effect on the counterclaim when the complaint is dismissed

d. e. f. g. h. i. j.

Cross- claims Third (Fourth, etc,) party claims Complaint -in- Intervention Reply Rejoinder Pleadings allowed in Small Claims Pleadings allowed under the Rules on Summary Procedure. · Bungcayao v. Fort Ilocandia, et al., April 19, 2010 · Quintanilla v. CA, September 24, 1997

Parts of a pleading a. b. c.

Caption Signature and address Verification

· · d. · e. · ·

G.

H.

Martos, et al., v New San Jose Builders, October 24, 2012 Congressman Lucy Torres v. Codilla, Jr., March 20, 2012 Certification against forum shopping Jacinto v. Gumaru, Jr., June 2, 2014 Forum Shopping Jose v. Javellana, January 25, 2012 Mediserv v. CA, April 5, 2010

4. 5.

Allegations in a pleading Manner of making allegations a. Condition precedent b. Fraud, mistake, malice, intent, knowledge and other condition of mind. Judgment, official documents or acts.

6. ·

Pleading an actionable document Ledda v. BPI, November 21, 2012

7.

Specific denials a. Effect of failure to make specific denials b. When a specific denial requires an oath · Republic v. Conjuanco, et al., April 12, 2011

8.

Effect of failure to plead defenses and objections a. Failure to plead defenses and objections b. Failure to plead a compulsory counterclaim and cross claim

Filing and service of pleadings 1. · · ·

Payment of docket fees Sun Insurance Corp v. CA Do-All Metal Industries v. Security Bank, January 10, 2011 Rizal et al., v. naredo et al., March 14, 2012

2. 3. 4.

Filing vs. service of pleading Periods of filing pleadings Manner of filing

5.

Mode of service a. personal service b. service by mail c. substituted service d. service of judgments, final orders or resolutions e. priorities in the modes of service and filing f. when service is deemed complete g. proof of filing service

Summons

1. Nature and Purpose of summons in relation to actions in personam, in rem and quasi in rem 2. Voluntary appearance 3. Substituted service a. how substituted service is made b. Manotoc vs. CA 4. Constructive service by publication a. Service upon a defendant where his identity is unknown or is whereabouts are unknown b. Service upon residents temporarily outside the Philippines 5. 6. 7.

Extra territorial service, when allowed Service upon prisoners and minors Proof of service

8.

A.M. No 11-3-6, March 15, 2011 · EB Villarosa v. Benito, August 6, 1999 · Manotoc v. CA, August 16, 2006 · Banco do Brasil v. CA · Gentle Supreme Philippines v. CA, September 1, 2010 · Lucas v. Lucas, June 6, 2011 · Palma v. Hon. Galvez, March 10, 2010 · Atiko Trans Inc., et al., v. Prudential Guarantee and Assurance, August 17, 2011 · HB Zachary v. CA, 232 SCRA 329 · Optima Realty Corporation v. Hertz Phils Exclusive Cars, January 8, 2013 · Planters Development Bank v. Chandumal, Septermber 5, 2012 · JAPRL v. Security Bank, June 6, 2011 · Go v. Cordero, May 4, 2010 · Rapid City Realty v. Villa, et al., February 11, 2010 · Lhuillier v. British Airways, March 15, 2010

9.

Default a. when a declaration of default is proper b. Order of Default c. Judgment By Default d. Effect of an order of default e. Relief from an order of default f. Effect of partial default g. Extent of relief h. Action where default is not allowed · Sablas v. Sablas, July 3, 2007 · Magdiwang Realty et al., v. The Manila Banking Corp, September 5, 2012 · Lim v. NPC, November 14, 2012

10. Judgment on the pleadings

11. Summary Judgment · Buncayao Sr., v. Fort Illocandia, April 19, 2010 · MARINA v. Marc Properties, Feburay 15, 2012 · Heirs of Cabigas v. Limbaco, July 27, 2011