SAN BEDA COLLEGE ALABANG

School of Law
COURSE SYLLABUS

COURSE CODE:
COURSE TITLE: CIVIL PROCEDURE
COURSE CREDIT: 5 UNITS
COURSE PREREQUISITE/S:
FACULTY:
EMAIL ADDRESS:
TERM/ACADEMIC YEAR:

DAY/TIME/ROOM/SECTION:

COURSE DELIVERY MODE: FULL ONLINE

CONSULTATION DAY/TIME:

COURSE DESCRIPTION:

A detailed evaluation of the law on civil procedure as amended by A.M. No. 19-10-
20-SC otherwise known as the Revised Rules on Civil Procedure, including
pertinent special laws, administrative circulars, and Supreme Court decisions.

COURSE GOALS: Expected College of Law Graduate Attributes (ELGAs)

Know and understand the laws, memorize provisions critical and analytical
thinking, effective in written and oral communication, logical reasoning, and sound
judgment, exercise of proper professional and ethical responsibilities

LEARNING OBJECTIVES/OUTCOMES (LOs):

1. Knowledge/Remembering: define, list, recognize

2. Comprehension/Understanding: describe, explain, identify, recognize
3. Application/Applying: choose, demonstrate, implement, perform
4. Analysis/Analyzing: analyze, categorize, compare, differentiate
5. Evaluation/Evaluating: assess, critique, evaluate, rank, rate
6. Synthesis/Creating: construct, design, formulate, organize, synthesize

Upon completion of the Course Title course, the student is expected to be able to:

Expected College LEARNING OUTCOMES (LOs)

of Law Graduate
Attributes (ELGAs)

Critical and LO1. Exhibit a clear and in-depth understanding of remedial law, and
analytical thinking civil procedure in particular, in preparation for the bar examination
and practice of legal profession
Effective in written LO2. Analyze the practical and policy implications of current and
and oral proposed statutes, regulations, judicial rulings, legal arguments, and
communication strategies in preparing for a legal case
LO3. Assess client concerns and translating them into responsive
Logical reasoning legal arguments and strategies.
Sound judgment
 Exercise of proper
professional and
ethical
responsibilities

1
ASSESSMENT/GRADING SYSTEM:

The student will be graded according to the following:

Requirements (Based on the Learning Outcomes) Scope of Percentage
Work (Weight is
(Individual) based on the
importance of
the LO)

LO1 Class recitations, Quizzes, Case Digests, Individual

LO2 and Examinations Individual

LO3 Individual

Class standing before Midterms Individual 16.67%

Midterm Exams Individual 16.67%

Class Standing after Midterms Individual 33.33%

Final Exams Individual 33.33%

TOTAL 100

LEARNING PLAN:

Design or the structure of the course that includes content/topics to be covered;

learning resources to be used; weekly schedule of the topics to be taken up; and the
learning methods to be utilized that are most likely to lead students towards the
goals and learning outcomes that were defined.
TOPIC/CONTENT LEARNING WEEK/ LEARNING
(arrangement or sequence of the RESOURCE DATE METHODS
major topics is based on a logical S (print and (Schedule of (activities
order) non print each Topic, designed or
materials Assign, Exam deployed by
and online/ for the entire the teacher to
open-access semester) bring about,
resources) or create the
conditions
for
learning)
Course Introduction Syllabus Lecture
• Course overview Discussion
• Course assignments
• Course requirements

Module 1: • Syllabus • Recitation

• Textbooks • Quiz
I. Preliminaries • Supreme
a. Remedial Law distinguished from Court
substantive law Decisions
b. Prospective Effect of the Rules of (SCRA)
Court/ Retroactive Application of
Rules of Court
i. In the Matter to Declare in
Contempt of Court Hon.
Simeon
Datumanong, G.R. No. 150274,

2
TOPIC/CONTENT LEARNING WEEK/ LEARNING
(arrangement or sequence of the RESOURCE DATE METHODS
major topics is based on a logical S (print and (Schedule of (activities
order) non print each Topic, designed or
materials Assign, Exam deployed by
and online/ for the entire the teacher to
open-access semester) bring about,
resources) or create the
conditions
for
learning)
 4 August 2006
c. Applicability to pending actions;
retroactivity
d. Rule-making power of the
Supreme Court
i. Constitution, Art. VI, Sec. 30
ii. Constitution, Art. VIII, Sec. 5(5) e.
Power of the Supreme Court to
suspend the Rules of Court
i. Sarmiento v. Zaratan, G.R. No.
167471, 5 February 2007
ii. Labao v. Flores, G.R. No.
187984, 15 November 2010
iii. Gios-Samar, Inc. v. DOTC,
G.R. No. 217158, 12 March 2019
f. Distinctions: Civil Action,
Criminal Action, and Special
Proceedings

II. General Principles

a. Nature and classification of
Philippine Courts
b. Doctrine of Exhaustion of
Administrative Remedies
i. Spouses Gonzales v. Marmaine
Realty Corp., G.R. No.
214241,
January 13, 2016
c. Doctrine of non-interference
or doctrine of judicial stability
i. Tan v. Cinco, G.R. No. 213054,
15 June 2016
ii. Specified Contractors & Dev Inc
v. Pobocan G.R. No. 212014-
15,
212427-28, 212694-95, 212794-
95, 6 December 2016

III. Jurisdiction
a. Statute in force at the time of the
commencement of the action
i. Cang v. Court of Appeals,
G.R. No. 105308, 25 September
1998
b. Classification of jurisdiction
i. Original vs. Appellate
ii. General vs. Special
iii. Exclusive vs. Concurrent
c. Doctrines of hierarchy of
courts and continuity of
jurisdiction
• Gios-Samar, Inc. v. DOTC,

3
 TOPIC/CONTENT LEARNING WEEK/ LEARNING
(arrangement or sequence of the RESOURCE DATE METHODS
major topics is based on a logical S (print and (Schedule of (activities
order) non print each Topic, designed or
materials Assign, Exam deployed by
and online/ for the entire the teacher to
open-access semester) bring about,
resources) or create the
conditions
for
learning)

G.R. No. 217158, 12 March

2019
d. Jurisdiction of various
Philippine courts
i. Katarungang Pambarangay (Sec.
399-422, Local Government
Code)
• Condition Precedent
• See also Art. 151,
Family Code – earnest
efforts toward
compromise between
member of the family
• Art. 2041 of the Civil Code
• Lansangan v. Caisip, G.R. No.
212987, 6 August 2018
• Abagatnan v. Spouses Clarito,
G.R. No. 211966,
7 August 2017
• Chavez v. Court of Appeals,
G.R. No. 159411, 18 March
2005
ii. Jurisdiction over small claims,
cases covered by the rules on
Summary Procedure
• Summary Procedure v.
Summary Proceeding (Art.
100, 252, 253, Family Code)
iii. Section 5 (4) Article VIII of the
1987 Constitution
iv. B.P. 129 – Judicial
Reorganization Act of 1980
• Anama v. Citibank G.R. No.
192048, 13 December 2017
• Sps. Trayvilla v. Sejas G.R.
No. 204970, 1 February 2016
• Heirs of Reterta v. Sps. Lopez
G.R. No. 159941, 17 August
2011
v. Republic Act 7691 – An act
expanding the jurisdiction of
the
MTC, MeTC, MCTC, amending
B.P. 129
• Suapo et al v. Sps. De Jesus
G.R. No. 198356, 20 April
2015
 4
TOPIC/CONTENT LEARNING WEEK/ LEARNING
(arrangement or sequence of the RESOURCE DATE METHODS
major topics is based on a logical S (print and (Schedule of (activities
order) non print each Topic, designed or
materials Assign, Exam deployed by
and online/ for the entire the teacher to
open-access semester) bring about,
resources) or create the
conditions
for
learning)
 vi. Republic Act No. 11576
vii. P.D. 1606 as amended by
Republic Act 8249; Republic
Act 10660 – Sandiganbayan
viii. Republic Act 8369 – Family
Courts Act
ix. Republic Act 8799, Sec. 5.2 –
Securities Regulations Code
e. Aspects of jurisdiction
i. Jurisdiction over the Subject
Matter
• Sps. Erorita v. Sps. Dumlao
G.R. No. 195477, 25
January 2016
• Rivera v. Catalo, A.M. No.
RTJ-15-2422, 20 July 2015
• Heirs of Alfredo Bautista v.
Lindo, G.R. No. 208232,
10 March 2014
• Heirs of Julao v. De Jesus,
G.R. No. 176020, 29
September 2014
ii. Jurisdiction over the Parties
• David v. Agtibay, G.R. No.
199113, 18 March 2015
• Miranda v. Tuliao, G.R. No.
158763, 31 March 2006
• Palmiano-Salvador v.
Angeles, G.R. No. 171219,
3 September 2012
iii. Jurisdiction over the Issues
• Bernabe v. Vergara, G.R.
No. L-48652, 16 September
1942
iv. Jurisdiction over the Res
• De Joya v. Marquez, G.R.
No. 162416, 31 January
2006
• Gomez v. Court of Appeals,
G.R. No. 127692, 10 March
2004
v. Jurisdiction over the Remedy •
Philippine Long Distance
Telephone Company v. Citi
Appliance M.C. Corporation,

5
 TOPIC/CONTENT LEARNING WEEK/ LEARNING
(arrangement or sequence of the RESOURCE DATE METHODS
major topics is based on a logical S (print and (Schedule of (activities
order) non print each Topic, designed or
materials Assign, Exam deployed by
and online/ for the entire the teacher to
open-access semester) bring about,
resources) or create the
conditions
for
learning)
G.R. No. 214546, October 9,
2019
vi. Estoppel Jurisdiction
• Tijam v. Sibonghanoy, G.R.
No. L-21450, 15 April 1968
• Spouses Erorita v. Spouses
Dumlao, G.R. No. 195477,
January 25, 2016

IV. Actions
a. Ordinary Civil Actions, Special
Civil Actions, Criminal
Actions,
Special Proceedings
b. Personal actions and Real Actions •
Sps. Trayvilla v. Sejas G.R. No.
204970, 1 February 2016
• Heirs of Reterta v. Sps. Lopez
G.R. No. 159941, 17 August 2011 c.
Actions in rem, in personam, and
quasi in rem

V. Rule 2 - Cause of Action

b. Meaning of cause of action
• Heirs of Tomas Dolleton v. Fil
Estate Management, Inc., G.R.
No. 170750, 7 April 2009
• Right of Action – Multi-Realty
Development Corp., G.R. No.
146726, 16 June 2006
• Consular Area Residents
Association v. Casanova G.R.
No. 202618, 12 April 2016
• Colmenar v. Colmenar, et al., G.R.
No. 252467, 21 June 2021
c. Test of sufficiency of cause of action
• Misamis Occidental II Cooperative,
Inc. v. David, G.R. No. 129928, 25
August 2005
d. Splitting of a single cause of action
and its effects
• Marilag v. Martinez G.R. No.
201892, 22 July 2015
• Yap v. First E-Bank Corporation,
G.R. No. 169889, 29 September
2009
• Umale v. Canoga Park
 6
TOPIC/CONTENT LEARNING WEEK/ LEARNING
(arrangement or sequence of the RESOURCE DATE METHODS
major topics is based on a logical S (print and (Schedule of (activities
order) non print each Topic, designed or
materials Assign, Exam deployed by
and online/ for the entire the teacher to
open-access semester) bring about,
resources) or create the
conditions
for
learning)
 Development Corp., G.R. No.
167246, 20 July 2011
• Chu et al v. Cunanan G.R. No.
156185, 12 September 2011
• Riviera Golf Club Inc v. CCA
Holdings B.V. G.R. No. 173783,
17 June 2015
e. Joinder and misjoinder of causes of
action
• Perez v. Hernano, G.R. No.
147417, 8 July 2005
• Danilo v. Pedro, G.R. No. 155736,
31 March 2005
• Totality Rule (BP 129, Sec. 33) •
Flores v. Mallare-Phillipps, G.R.
No. L-66620, 24 September 1986

VI. Rule 3 - Parties to Civil Actions

a. Natural and Juridical Persons,
Entities Authorized by law
• Verzosa v. Fernandez, 49. Phil.
627 (1926)
b. Real parties in interest
• Evangelista v. Santiago, G.R. No.
157447, 29 April 2005
c. representatives as parties
• V-Gent, Inc. v. Morning Star
Travel & Tours, Inc., G.R. No.
186305, 22 July 2015
• Oposa v. Factoran, G.R. No.
101083, 30 July 1993
• Resident Marine Mammals of
Tanon Strait v. Reyes G.R. No.
180771, 21 April 2015
d. Indispensable parties
• In the Matter of the Heirship of the
Late Hermogenes Rodriguez,
G.R. No. 182645, 15 December
2010 (Resolution)
• Cerezo v. Tuazon, G.R. No.
141538, 23 March 2004
• Foster-Gallego v. Spouses Galang,
|||

G.R. No. 130228, July 27, 2004

e. necessary parties;
• Caravan Travel and Tours

7
 TOPIC/CONTENT LEARNING WEEK/ LEARNING
(arrangement or sequence of the RESOURCE DATE METHODS
major topics is based on a logical S (print and (Schedule of (activities
order) non print each Topic, designed or
materials Assign, Exam deployed by
and online/ for the entire the teacher to
open-access semester) bring about,
resources) or create the
conditions
for
learning)

International, Inc. v. Abejar,

G.R. No. 170631, February 10,
2016
f. indigent parties;
• Spouses Algura v. City of Naga
G.R. No. 150135, 30 October
2006
g. alternative defendants
h. Complusory and permissive joinder
of parties
i. Misjoinder and non-joinder of parties
• Divinagracia v. Parilla G.R. No.
196750, 11 March 2015
j. Class suit
k. Suits against entities without
juridical personality
l. Effect of death of party litigant •
Spouses De la Cruz v. Joaquin, G.R.
No. 162788, July 28, 2005
• Gaffney v. Butler G.R. No.
219408, 8 November 2017
• San Juan v. Cruz G.R. No.167321,
31 July 2006
m. Death or separation of a party who
is a public officer
n. Incompetency or incapacity
o. Transfer of Interest
p. Notice to Solicitor General

VII. Rule 4 - Venue

a. Venue vs. Jurisdiction
• Nocum v. Lucio Tan G.R. No.
145022, 23 September 2005
b. Venue in civil cases vs. Criminal
cases • Nocum v. Lucio Tan G.R. No.
145022, 23 September 2005
c. Venue of real actions
d. Venue of personal actions
e. Venue of actions against non-
residents f. When the rules on venue
does not apply
• Ley Construction & Development
Corp v. Sedan G.R. No. 222711,
23 August 2017
• Unimasters Conglomeration Inc v.
CA G.R. No. 119657, 7 February
1997
 8
TOPIC/CONTENT LEARNING WEEK/ LEARNING
(arrangement or sequence of the RESOURCE DATE METHODS
major topics is based on a logical S (print and (Schedule of (activities
order) non print each Topic, designed or
materials Assign, Exam deployed by
and online/ for the entire the teacher to
open-access semester) bring about,
resources) or create the
conditions
for
learning)

g. Effects of stipulation on
venue h. Rule 8, Sec. 12
Module 2: • Syllabus • Recitation
• Textbooks • Quiz
I. Pleadings • Supreme
Rules 6 to 11 Court
a. Pleading vs. Motion (Rule 6, Sec. 1; Decisions
Rule 15, Sec. 1) (SCRA)
b. Kinds of Complaint and when they
should be filed
c. Pleadings allowed in small claims
cases and cases covered by the
Rules on Summary Procedure
d. Parts and contents of a pleading (Rule
7, Sec. 1-5, Rule 6, Sec. 3, Rule 6,
Sec. 4, Rule 6, Sec. 5)
• Efficient Use of Paper Rule A.M.
No. 11-9-4-SC
• Ao-As v. Court of Appeals, G.R.
No. 128464, 20 June 2006
• Victory Liner, Inc. v. Malinias,
G.R. No. 151170, May 29, 2007
• Judicial Affidavit Rule A.M. No.
12-8-8-SC
• Cosco Philippines Shipping, Inc. v.
Kemper Insurance Co., G.R. No.
179488, April 23, 2012
• Lara’s Gifts and Decors, Inc. v.
PNB General Insurers, Co., G.R.
No. 230429, 24 January 2018

e. Periods to file pleadings

f. Allegations in a pleading
i. Manner of making allegations
ii. Complaint
• Reyes v. RTC of Mataki, G.R. No.
165744, 11 August 2008
• Lazaro v. Brewmaster Intl, Inc.,
G.R. No. 182779, 23 August 2010 iii.
Pleading an actionable
document
iv. Answer
• Specific denials

9
TOPIC/CONTENT LEARNING WEEK/ LEARNING
(arrangement or sequence of the RESOURCE DATE METHODS
major topics is based on a logical S (print and (Schedule of (activities
order) non print each Topic, designed or
materials Assign, Exam deployed by
and online/ for the entire the teacher to
open-access semester) bring about,
resources) or create the
conditions
for
learning)
 • Memita v. Masongsong, G.R.
No. 150912, 28 May 2007
• Effect of failure to make specific
denials
• Negative Pregnant
• Philippine American General
Insurance Co., Inc. v. Sweet
Lines, G.R. No. 87434, 8 May
1992
• Galofa v. Nee Bon Sing, G.R.
No. L-22018, January 17,
1968
• Affirmative Defenses
• When a specific denial requires an
oath
• Go Tong Electrical Supply Co.,
Inc. v. BPI Family Savings
Bank, Inc., G.R. No. 187487,
June 29, 2015
• Filipinas Textile Mills v. Court
of Appeals, G.R. No.
119800,
November 12, 2003
• Colmenar v. Colmenar, et al.,
G.R. No. 252467, 21 June 2021
g. Counterclaims
• Bangis v. Heirs of Adolfo, G.R.
No. 190875, June 13, 2012
i. Compulsory
• Metropolitan Bank v. CPR
Promotions, G.R. No. 200567,
22 June 2015
• Financial Building Corp. v. Forbes
Park Association, G.R. No.
133119, 17 August 2000
• Pinga v. Santiago, G.R. No.
170354, 30 June 2006
• Maceda v. Court of Appeals, G.R.
No. 83545, 11 August 1989
• Carpio v. Rural Bank of Sto.
Tomas (Batangas), Inc., G.R.
No. 153171, 4 May 2006
• North Greenhills Association, Inc.
v. Morales, G.R. No. 222821,
August 9, 2017
ii. Permissive
• Alba v. Malapajo, G.R. No.
198752, 13 January 2016

10
 TOPIC/CONTENT LEARNING WEEK/ LEARNING
(arrangement or sequence of the RESOURCE DATE METHODS
major topics is based on a logical S (print and (Schedule of (activities
order) non print each Topic, designed or
materials Assign, Exam deployed by
and online/ for the entire the teacher to
open-access semester) bring about,
resources) or create the
conditions
for
learning)

• Sy-Vargas v. Estate of Ogsos,

G.R. No. 221062, October 5, 2016
h. Effect of failure to plead
i. Failure to plead defenses and
objections
ii. Failure to plead a compulsory
counterclaim and cross-
claim
i. Reply
• Casent Realty Development Corp.
v. Philbanking Corporation, G.R.
No. 150731, 14 September 2007
j. Rejoinder
k. Default
i. When a declaration of default is
proper
• Momarco Import Co., Inc. v.
Villamena, G.R. No. 192477,
July 27, 2016
ii. Effect of an order of default
• Gajudo v. Traders Royal Bank,
G.R. No. 151098, 21 March 2006
iii. Relief from an order of default
• Ramnani v. Court of Appeals,
G.R. No. 101789, April 28, 1993
iv. Default judgment and Relief
from judgment by default
• Rule 37, Rules 40-41, Rule 38
• Rule 28, Sec. 3 (c)
• Martinez v. Republic, G.R. No.
160895, 30 October 2006
• Jao & Co., Inc. v. Court of
Appeals, G.R. No. 93233
(Resolution), December 19,
1995
• Indiana Aerospace University v.
Commission on Higher
Education, G.R. No. 139371,
April 4, 2001
v. Effect of a partial default
vi. Extent of relief
vii. Actions where default are not
allowed
viii. Extension of time to file an
Answer
ix. Filing and service of pleadings –
Rules 11 and 13
i. Payment of docket fees
• Rule 111, Sec. 1

11
 TOPIC/CONTENT LEARNING WEEK/ LEARNING
(arrangement or sequence of the RESOURCE DATE METHODS
major topics is based on a logical S (print and (Schedule of (activities
order) non print each Topic, designed or
materials Assign, Exam deployed by
and online/ for the entire the teacher to
open-access semester) bring about,
resources) or create the
conditions
for
learning)

• Manchester Development
Corporation v. Court of
Appeals, G.R. No. 75919, 7
May 1987
• Sun Insurance Office, Ltd. V.
Asuncion, G.R Nos. 79937-38,
February 13, 1989
• Intercontinental
Broadcasting Corp. (IBC-13)
v. Alonzo Legasto, G.R. No.
169108, April 18, 2006
ii. Periods of filing of pleadings
iii. Manner of filing
iv. Modes of service
v. Service of judgments, final
orders or resolutions;
service of court-issued
orders and other documents
vi. Priority of filing and service/
Conventional service or
filing of orders, pleadings,
and other documents
vii. When service is deemed
complete
viii. Proof of filing and service
ix. Administrative Order No.
251-2020, Guidelines on
the
Implementation in the
Philippines of the Hague
Service Convention on the
Service Abroad of Judicial
Documents in Civil and
Commercial Matters
l. Notice of Lis Pendens
• Spouses Gonzales v. Marmaine
Realty Corp., G.R. No. 214241,
January 13, 2016
m. Amendments
• Barfel Development Corp. v. Court
of Appeals, G.R. No. 98177,
June 8, 1993
• Godinez v. Court of Appeals, G.R.
No. 154330, 15 February 2007
n. Supplemental Pleadings
• Shoemart, Inc. v. Court of
Appeals, G.R. No. 86956,
October
 12
TOPIC/CONTENT LEARNING WEEK/ LEARNING
(arrangement or sequence of the RESOURCE DATE METHODS
major topics is based on a logical S (print and (Schedule of (activities
order) non print each Topic, designed or
materials Assign, Exam deployed by
and online/ for the entire the teacher to
open-access semester) bring about,
resources) or create the
conditions
for
learning)
 1, 1990
• Ada v. Baylon, G.R. No. 182435,
13 August 2012

II. Summons – Rule 14

a. Nature and purpose of summons
• De Pedro v. Romasan Development
Corp., G.R. No. 194751, November
26, 2014
b. Duty to Issue, Validity of
Summons, Form
c. Voluntary appearance
• Uy v. Del Castillo, G.R. No.
223610, July 24, 2017
• Tujan-Militante v. Nustad, G.R.
No. 209518, June 19, 2017
d. Who may serve summons
e. On whom summons will be served
• Heirs of Manguiat v. Court of
Appeals, G.R. Nos. 150768 &
160176, August 20, 2008
• CCC Insurance Corp. v. Kawasaki
Steel Corp., G.R. No. 156162,
June 22, 2015
f. Personal service, Substituted
service, and Constructive service
g. Extraterritorial service, when
allowed
• Arrieta v. Arrieta, G.R. No.
234808, November 19, 2018
• Perkin Elmer Singapore Pte Ltd. v.
Dakila Trading Corp. G.R. No.
172242, August 14, 2007

h. Service upon prisoners and

minors; upon spouses
i. Service upon domestic or foreign
private juridical entities
j. Proof of service

III. Motions – Rule 15

a. Motions in general
b. Form and Contents
c. Omnibus Motion Rule; Exceptions
d. Prohibited Motions; Exceptions e.
Litigious and Non-Litigious Motions

13
 TOPIC/CONTENT LEARNING WEEK/ LEARNING
(arrangement or sequence of the RESOURCE DATE METHODS
major topics is based on a logical S (print and (Schedule of (activities
order) non print each Topic, designed or
materials Assign, Exam deployed by
and online/ for the entire the teacher to
open-access semester) bring about,
resources) or create the
conditions
for
learning)

f. Motion Day
g. Motions for Bill of Particulars
(Rule 12)

IV. Dismissal of Actions – Rule 17

a. Dismissal with prejudice
b. Dismissal upon notice by plaintiff
c. Dismissal upon motion by
plaintiff; effect on existing
counterclaim
d. Dismissal due to the fault of
plaintiff
e. Dismissal of counterclaim;
cross claim or third-party
complaint
• Limaco v. Shonan Gakuen Children's
House Phil. Inc., G.R. No. 158245,
June 30, 2005
• Heirs of Tungpalan v. Court of Appeals,
G.R. No. 136207, June 21, 2005
• Blay v. Baña, G.R. No. 232189, [March
7, 2018
• Quintos v. Nicolas, G.R. No. 210252,
June 16, 2014

14
TOPIC/CONTENT LEARNING WEEK/ LEARNING
(arrangement or sequence of the RESOURCE DATE METHODS
major topics is based on a logical S (print and (Schedule of (activities
order) non print each Topic, designed or
materials Assign, Exam deployed by
and online/ for the entire the teacher to
open-access semester) bring about,
resources) or create the
conditions
for
learning)
Module 3: • Syllabus • Recitation
• Textbooks • Quiz
I. Pre-Trial – Rule 18 • Supreme
a. Concept, Nature and Purpose of Court
a pre-trial Decisions
b. Notice of pre-trial (SCRA)
c. Appearance of parties; effect
of failure to appear
d. Pre-trial brief; effect of failure
to appear and to file Pre-trial brief
• Paredes v. Verano, G.R. No.
164375, October 12, 200
• Spouses Khonghun v. United
Coconut Planters Bank, G.R.
No.
154334, July 31, 2006
• Domingo v. Spouses Singson,
|||

G.R. Nos. 203287 & 207936,

April 5, 2017
• Lara’s Gifts and Decors, Inc. v.
PNB General Insurers, Co., G.R.
No. 230429, 24 January 2018
e. Pre-trial order
f. Pre-trial in civil cases and pre
trial in criminal cases
g. Court-Annexed Mediation
h. Judicial Dispute Resolution
i. 2020 Guidelines for the Conduct
of JDR and CAM in Civil
Cases
A.M. No. 19-10-20-SC
j. Judgment After Pre-Trial

II. Intervention – Rule 19

• Office of the Ombudsman v. Bongais,
G.R. No. 226405, July 23, 2018
• Pulgar v. RTC of Mauban, Quezon,
Branch 64, G.R. No. 157583,
September 10, 2014

III. Calendar of Cases – Rule 20

IV. Subpoena
a. Subpoena duces tecum
b. Subpoena ad testificandum
c. Service of subpoena
d. Compelling attendance of
witnesses; contempt
e. Quashing of subpoena

15
 TOPIC/CONTENT LEARNING WEEK/ LEARNING
(arrangement or sequence of the RESOURCE DATE METHODS
major topics is based on a logical S (print and (Schedule of (activities
order) non print each Topic, designed or
materials Assign, Exam deployed by
and online/ for the entire the teacher to
open-access semester) bring about,
resources) or create the
conditions
for
learning)

V. Computation of Time – Rule 22 VI.

Modes of Discovery – Rules 23 to 29
a. Depositions pending action;
depositions before action or
pending appeal
• Santamaria v. Cleary, G.R.
|||

Nos. 197122 &197161, June

15,
2016
• Republic v. Sandiganbayan,
G.R. No. 152375, December
13,
2011
b. Written interrogatories to
adverse parties
• Phil. Health Insurance Corp. v.
Our Lady of Lourdes Hospital,
G.R. No. 193158, November 11,
2015
• Sibayan v. Alda, G.R. No.
233395, January 17, 2018
c. Request for admission
• Allied Agri-Business
Development Co., Inc. v.
Court
of Appeals, G.R. No. 118438,
December 4, 1998
• Duque v. Spouses Yu, G.R. No.
226130, February 19, 2018
• Metro Manila Shopping Mecca
Corp. v. Toledo, G.R. No.
190818, June 5, 2013]
• Estate of Marcos v. Republic,
G.R. Nos. 213027 & 213253
(Resolution), January 18, 2017
• Lañada v. Court of Appeals,
G.R. Nos. 102390 & 102404,
February 1, 2002
• Manzano v. Despabiladeras,
G.R. No. 148786, December
16,
2004
d. Production or inspection of
documents or things
• Insigne v. Abra Valley Colleges,
Inc., G.R. No. 204089 , July
29,
2015
• Air Philippines Corp. v.
Pennswell, Inc., G.R. No.
172835, December 13, 2007

16
 TOPIC/CONTENT LEARNING WEEK/ LEARNING
(arrangement or sequence of the RESOURCE DATE METHODS
major topics is based on a logical S (print and (Schedule of (activities
order) non print each Topic, designed or
materials Assign, Exam deployed by
and online/ for the entire the teacher to
open-access semester) bring about,
resources) or create the
conditions
for
learning)

e. Physical and mental

examination of persons
f. Consequences of refusal to comply
with modes of Discovery
• Spouses Afulugencia v.
Metropolitan Bank and Trust
Co., G.R. No. 185145, February
5, 2014

17
 TOPIC/CONTENT LEARNING WEEK/ LEARNING
(arrangement or sequence of the RESOURCE DATE METHODS
major topics is based on a logical S (print and (Schedule of (activities
order) non print each Topic, designed or
materials Assign, Exam deployed by
and online/ for the entire the teacher to
open-access semester) bring about,
resources) or create the
conditions
for
learning)

Module 4: • Syllabus • Recitation

• Textbooks • Quiz
I. Trial – Rule 30 • Supreme
a. Schedule of Trial Court
b. Adjournments and Decisions
postponements c. Requisites of (SCRA)
motion to postpone trial
d. Agreed statement of facts
e. Order of trial; reversal of
order
• Judicial Affidavit Rule
f. Oral Offer of Documentary
Exhibits
g. Suspension of Actions
• Art. 2030 and 2035, Civil Code
h. Consolidation or severance of
hearing or trial – Rule 31
• PNB v. Gotesco, G.R. No.
183211, 6 June 2009
i. Delegation of reception of
evidence
j. Trial by commissioners – Rule 32

II. Demurrer to Evidence - Rule 33

a. Ground
b. Effect of denial
c. Effect of grant
d. Waiver of right to present
evidence
e. Demurrer to evidence in a civil
case and demurrer to evidence
in
a criminal case
• Republic v. De Borja, G.R. No.
187448, January 9, 2017
• Radiowealth Finance Co. v. Spouses
Del Rosario, G.R. No. 138739, July
6, 2000
• GMA Network, Inc. v. Central
CATV, Inc., G.R. No. 176694,
July 18, 2014

III. Judgment and Final Order – Rule

36
• BA Finance Corp. v. Court of
Appeals, G.R. No. 107345,
January 27, 1994
 18
TOPIC/CONTENT LEARNING WEEK/ LEARNING
(arrangement or sequence of the RESOURCE DATE METHODS
major topics is based on a logical S (print and (Schedule of (activities
order) non print each Topic, designed or
materials Assign, Exam deployed by
and online/ for the entire the teacher to
open-access semester) bring about,
resources) or create the
conditions
for
learning)
• Silverio v. Court of Appeals, G.R. No.
178933, 16 September 2009
• Garrido v. Tortogo, G.R. No. 156358,
17 August 2011
a. Default Judgment – Rule 9
b. Judgment after pre-trial,
Judgment after ex parte
presentation of
evidence – Rule 18
c. Judgment without trial
d. Judgment on Compromise
• Gadrinab v. Salamanca, G.R.
No. 194560, 11 June 2014
e. Judgment on the pleadings –
Rule 34
• Sunbanun v. Go, G.R. No.
163280, 2 February 2010
• Diman v. Alumbres, G.R. No.
131466, November 27, 1998
• Iloilo Jar Corp. v. Comglasco
Corp., G.R. No. 219509,
January
18, 2017
• Comglasco Corp. v. Santos Car
Check Center Corp., G.R. No.
202989, March 25, 2015
f. Summary judgments – Rule 35
• Asian Construction v.
PCIB,
G.R. No. 153827, 25 April 2006
• Republic v. Sandiganbayan,
G.R. No. 152154, July 15, 2003
• Province of Pangasinan v. Court
of Appeals, G.R. No. 104266,
March 31, 1993
• Dupasquier v. Ascendas, G.R.
No. 211044, 24 July 2019
• Sps. Pascual v. First Consolidated
Rural Bank (Bohol), Inc., G.R.
No.
202597, 8 February 2017

g. Contents of a judgment
h. Rendition of judgments and
final orders
i. Amendment of Judgment vs.
Supplemental Judgment
• Esquivel v. Alegre, G.R. No.
79425, April 17, 1989
• Flight Attendants and Stewards
Association of the Philippines
v.

19
 TOPIC/CONTENT LEARNING WEEK/ LEARNING
(arrangement or sequence of the RESOURCE DATE METHODS
major topics is based on a logical S (print and (Schedule of (activities
order) non print each Topic, designed or
materials Assign, Exam deployed by
and online/ for the entire the teacher to
open-access semester) bring about,
resources) or create the
conditions
for
learning)

Philippine Airlines, Inc., G.R.

Nos. 178083 & A.M. No. 11-
10-1-SC (Resolution), March
13, 2018
j. Judgment nunc pro tunc
• Cardoza v. Singson, G.R. No.
59284, January 12, 1990
• Nuñal v. Court of Appeals, G.R.
No. 94005, April 6, 1993
k. Entry of judgment and final
order
l. Law of the Case
m. Bar by former judgment and
conclusiveness of judgment
• Del Rosario v. Far East Bank.
G.R No. 150134, 31 October
2007
• Islamic Directorate of the
Philippines v. Court of Appeals,
G.R. No. 117897, May 14, 1997
• Allied Banking Corp. v. Court
of Appeals, G.R. No. 108089,
January 10, 1994
• Spouses Noceda v. Arbizo
Directo, G.R. No. 178495, July
26, 2010
n. Immutability of final
judgment • Griffith v. Estur,
G.R. No.
161777, 7 May 2008

20
TOPIC/CONTENT LEARNING WEEK/ LEARNING
(arrangement or sequence of the RESOURCE DATE METHODS
major topics is based on a logical S (print and (Schedule of (activities
order) non print each Topic, designed or
materials Assign, Exam deployed by
and online/ for the entire the teacher to
open-access semester) bring about,
resources) or create the
conditions
for
learning)
Module 5: • Syllabus • Recitation
• Textbooks • Quiz
I. Post-judgment Remedies • Supreme
a. Motion for New Trial or Court
Reconsideration Decisions
• Manila Memorial Park (SCRA)
Cemetery, Inc. v. Court of
Appeals, G.R. No. 137122,
November 15, 2000
• Dinglasan, Jr. v. Court of
Appeals, G.R. No. 145420,
September 19, 2006
• Flight Attendants and Stewards
Association of the Philippines
v.
Philippine Airlines, Inc., G.R.
Nos. 178083 & A.M. No. 11-
10-1-SC (Resolution), March
13, 2018
b. Appeal - Appeals in general
1. Judgment and final orders
subject to appeal
2. Matters not appealable
3. Remedies against judgment
and orders which are not
appealable
4. Modes of appeal
5. Issues to be raised on appeal
a. Custodio v. Court of
Appeals, G.R. NO.
116100, 9 February 1996
b. Citytrust Banking Corp. v.
Court of Appeals, G.R. No.
92591, April 30, 1991
6. Period of appeal
a. Heirs of Albano v.
|||

Spouses Ravanes, G.R.

No. 183645, July 20, 2016
b. Neypes v. Court of
Appeals, G.R. No. 141524,
September 14, 2005
c. Sumiran v. Spouses
Damaso, G.R. No. 162518,
August 19, 2009
d. Sumaway v. Urban Bank,
Inc., G.R. No. 142534,
June 27, 2006

21
 TOPIC/CONTENT LEARNING WEEK/ LEARNING
(arrangement or sequence of the RESOURCE DATE METHODS
major topics is based on a logical S (print and (Schedule of (activities
order) non print each Topic, designed or
materials Assign, Exam deployed by
and online/ for the entire the teacher to
open-access semester) bring about,
resources) or create the
conditions
for
learning)

e. San Lorenzo Ruiz Builders

and Developers Group,
Inc. v. Bayang, G.R. No.
194702, April 20, 2015
7. Perfection of appeal
a. Julian v. DBP, G.R. No.
174193, 7 December 2011
b. Regional Agrarian Reform
Adjudication Board v.
Court of Appeals, G.R. No.
165155, April 12, 2010
8. Residual Jurisdiction
a. Fernandez v. Court of
Appeals, G.R. No. 131094,
16
May 2005
9. Appeal from judgment or final
orders of the MTC, MeTC,
MTC in cities, MCTC
10. Appeal from judgments or
final orders of the RTC
Ordinary Appeal Cases (Rules
40-41):
1. Encarnacion v. Amigo,
G.R. No. 169793, 15
September 2006
2. Canlas v. Tubil G.R. No.
184285, 25 September
2009
Petition for Review Rule 42
Cases:
1. Ross Rica Sales v. Ong,
G.R. No. 132197, 16
August 2005
2. LBP v. Court of Appeals,
G.R. No. 190660, 11
August 2011
3. Macawiwili Gold Mining
and Development Co.,
Inc. v. Court of Appeals,
G.R. No. 115104, October
12, 1998
4. Anderson v. Ho, G.R. No.
172590, 7 January 2013
5. Heirs of Garcia I v.
Municipality of Iba,
Zambales, G.R. No.
162217, July 22, 2015

22
 TOPIC/CONTENT LEARNING WEEK/ LEARNING
(arrangement or sequence of the RESOURCE DATE METHODS
major topics is based on a logical S (print and (Schedule of (activities
order) non print each Topic, designed or
materials Assign, Exam deployed by
and online/ for the entire the teacher to
open-access semester) bring about,
resources) or create the
conditions
for
learning)

6. Intramuros Administration
v. Offshore Construction
Development Co., G.R.
No. 196795, March 7,
2018
11. Appeal to the Court of
Appeals
12. Appeal from judgments or
final orders of the CA
13. Petition for Review Rule 45
14. Rule 45 vs. Rule 65;
Question of Law v. Question of
Fact
a. Republic v. Mercadera,
G.R. No. 186027,
December 8, 2010
b. Asian Terminals, Inc. v.
Simon Enterprises, Inc.,
G.R. No. 177116,
February 27, 2013
c. Maza v. Turla, G.R. No.
187094, February 15, 2017
d. Philippine Bank of
Communications v. Court
of Appeals, G.R. No.
218901, February 15, 2017
e. Mackay v. Angeles, G.R.
No. 144230 (Resolution),
September 30, 2003
f. First Sarmiento Property
Holdings, Inc. v.
Philippine Bank of
Communications, G.R.
No. 202836, June 19, 2018
g. Global Medical Center of
Laguna, Inc. v. Ross
Systems International,
Inc., G.R. No. 230112 and
230119, 11 May 2021
15. Appeal from judgments or
final orders of the
Sandibanbayan
16. Appeal from judgments or
final orders of the CTA
17. Review from judgments or
final orders of the COA
18. Review from judgments or
final orders of the COMELEC
19. Review from judgments or
final orders of the CSC

23
 TOPIC/CONTENT LEARNING WEEK/ LEARNING
(arrangement or sequence of the RESOURCE DATE METHODS
major topics is based on a logical S (print and (Schedule of (activities
order) non print each Topic, designed or
materials Assign, Exam deployed by
and online/ for the entire the teacher to
open-access semester) bring about,
resources) or create the
conditions
for
learning)

20. Review from judgments or

final orders of the
Ombudsman
21. Review from judgments or
final orders of the NLRC
22. Review from judgments or
final orders of quasi-judicial
agencies
Petition for Review Rule 43
Cases:
1. Fabian v. Desierto, G.R.
No. 129742, September
16, 1998
2. Lanting v. Ombudsman,
G.R. No. 141426, May 6,
2005
3. St. Martin Funeral Home
v. NLRC, G.R. No.
130866, September 16,
1998
4. Alcaraz v. Gonzales, G.R.
No. 164715, 20 September
2006
5. Global Medical Center of
Laguna, Inc. v. Ross
Systems International,
Inc., G.R. No. 230112 and
230119, 11 May 2021
c. Relief from judgments, orders
and other proceedings
• Purcon v. MRM Philippines,
G.R. No. 182718, 26 September
2008
• Valencia v. Court of Appeals,
G.R. No. 119118, February 19,
2001
• Gomez v. Montalban, G.R.
No. 174414, 14 March 2008
• Victory Liner v. Malinias,
G.R. No. 151170, 29 May 2007
• Madarang v. Spouses
Morales, G.R. No. 199283,
June 9, 2014
d. Annulment of judgments or
final orders and resolutions
• Republic v. De Castro, G.R.
No. 189724, 7 February 2011
• Victory Liner v. Malinias, G.R.

24
 TOPIC/CONTENT LEARNING WEEK/ LEARNING
(arrangement or sequence of the RESOURCE DATE METHODS
major topics is based on a logical S (print and (Schedule of (activities
order) non print each Topic, designed or
materials Assign, Exam deployed by
and online/ for the entire the teacher to
open-access semester) bring about,
resources) or create the
conditions
for
learning)

No, 151170, 29 May 2007

• Islamic Da'wah Council of the
Philippines v. Court of Appeals,
G.R. No. 80892, September 29,
1989
e. Collateral attack of judgments
Module 6: • Syllabus • Recitation
• Textbooks • Quiz
II. Execution, Satisfaction and Effect • Supreme
of Remedies – Rule 39 Court
a. Difference between finality of Decisions
judgment for purposes of (SCRA)
appeal;
for purposes of execution
b. When execution shall issue
c. How a judgment is executed
• Villeza v. German
Management and Services, Inc.,
G.R. No.
182937, August 9, 2010
• Gagoomal v. Spouses
|||

Villacorta, G.R. No. 192813,

January 18, 2012
• Testate Estate of Maria
Manuel Vda. De Biascan v.
Biascan,
G.R. No. 138731, 11 December
2000
• Office of the Court
Administrator v. Corpuz, A.M.
No. P-00-1418, September 24,
2003
• Florendo v. Paramount
Insurance Corp, G.R. No.
167976, 20 January 2010
• Balajonda v. COMELEC,
G.R. No. 166032, 28 February
2005

25
TOPIC/CONTENT LEARNING WEEK/ LEARNING
(arrangement or sequence of the RESOURCE DATE METHODS
major topics is based on a logical S (print and (Schedule of (activities
order) non print each Topic, designed or
materials Assign, Exam deployed by
and online/ for the entire the teacher to
open-access semester) bring about,
resources) or create the
conditions
for
learning)
 • Saligumba v. Palanog, G.R.
No. 143365, 4 December 2008
• Infante v. Aran Builders, G.R.
No. 156596, 24 August 2007
d. Immediate execution
• Centennial Guarantee
Assurance Corp. v. Universal
Motors
Corp., G.R. No. 189358,
October 8, 2014
e. Properties exempt from
execution
f. Proceedings where property is
claimed by third persons; in
relation to third party claim in
attachment and replevin
g. Rules on redemption
h. Examination of judgment
obligor when judgment is
unsatisfied
i. Effect of judgment or final
orders
• Del Rosario v. Far East Bank.
G.R No. 150134, 31 October
2007
• Islamic Directorate of the
Philippines v. Court of Appeals,
G.R. No. 117897, May 14, 1997
• Allied Banking Corp. v. Court
of Appeals, G.R. No. 108089,
January 10, 1994
• Spouses Noceda v. Arbizo
Directo, G.R. No. 178495, July
26, 2010
j. Enforcement and effect of foreign
judgments or final orders
• Rules on Action for Support
and Petition for Recognition and
Enforcement of Foreign
Decisions or Judgments on
Support, A.M. No. 21-02-02-SC
I. Provisional Remedies
a. Nature and Purpose
b. Jurisdiction over
provisional remedies

II. Preliminary attachment

a. Grounds for issuance of writ
of attachment
b. Requisites

26
 TOPIC/CONTENT LEARNING WEEK/ LEARNING
(arrangement or sequence of the RESOURCE DATE METHODS
major topics is based on a logical S (print and (Schedule of (activities
order) non print each Topic, designed or
materials Assign, Exam deployed by
and online/ for the entire the teacher to
open-access semester) bring about,
resources) or create the
conditions
for
learning)

c. Issuance and contents of order

of attachment; affidavit and bond
d. Rule on prior or
contemporaneous service of
summons
e. Manner of attaching real and
personal property; when property
attached is claimed by third
person f. Discharge of attachment
and the counter-bond
g. Satisfaction of judgment out
of property attached
• Davao Light & Power Co., Inc. v.
Court of Appeals, G.R. No.
93262, November 29, 1991
• Torres v. Satsatin. G.R. No.
166759, 25 November 2009
• Valmonte v. Court of Appeals,
G.R. No. 108538, 22 January 1996
• Traders Royal Bank v.
Intermediate Appellate Court,
G.R. No. 66321, October 31,
1984
• (Pacis v. Commission on Elections,
|||

G.R. No. L-29026 (Resolution),

August 22, 1969

III. Preliminary injunction

a. Definition and differences
between preliminary injunction,
temporary restraining order, and
status quo
ante order
b. Requisites
c. Kinds of injunctions; kinds
of temporary restraining orders
d. When writ may be issued,
when writ may not be issued
e. Grounds for issuance of
preliminary injunction
f. Grounds for objection to, or for the
dissolution of injunction or
restraining order
g. Duration of temporary
restraining order
h. Rule on prior or
contemporaneous service of
summons in relation to
attachment

27
 TOPIC/CONTENT LEARNING WEEK/ LEARNING
(arrangement or sequence of the RESOURCE DATE METHODS
major topics is based on a logical S (print and (Schedule of (activities
order) non print each Topic, designed or
materials Assign, Exam deployed by
and online/ for the entire the teacher to
open-access semester) bring about,
resources) or create the
conditions
for
learning)

i. Laws Prohibiting Injunction – PD

605, PD 1818, PD 385
• Hernandez v. NPC, G.R. No.
145328, 23 March 2006
• Australian Professional Realty
v. Municipality of Padre Garcia,
Batangas, G.R. No. 183367, 14
March 2012
• City of Iloilo v. Honrado, G.R.
No. 160399, December 9, 2015
• Dungog v. Court of Appeals, G.R.
No. 139767, August 5, 2003
• Antig v. Antipuesto, G.R. No.
192396 (Resolution), January 17,
2018
• Spouses Laus v. Optimum
Security Services, Inc., G.R. No.
208343,
February 3, 2016
• Verzosa v. Court of Appeals, G.R.
Nos. 119511-13, November 24, 1998
• Tay Chun Suy v. Court of Appeals,
G.R. No. 93640, January 7, 1994
• Laus v. Optimum Security
Services, G.R. No. 208343, 3
February 2016
• Federation of Land Reform
Farmers
of the Philippines v. Court of
Appeals, G.R. No. 88384, July 14,
1995

IV. Receivership
a. Cases when receiver may be
appointed
b. Requisites
c. Requirement before issuance of
an order
d. General powers of a receiver
e. Two kinds of bonds
f. Termination of receivership
• Normandy v. Duque, G.R. No. L
|||

25407, August 29, 1969

V. Replevin
a. When writ may be issued
b. Requisites
c. Affidavit and bond;
 redelivery bond

28
TOPIC/CONTENT LEARNING WEEK/ LEARNING
(arrangement or sequence of the RESOURCE DATE METHODS
major topics is based on a logical S (print and (Schedule of (activities
order) non print each Topic, designed or
materials Assign, Exam deployed by
and online/ for the entire the teacher to
open-access semester) bring about,
resources) or create the
conditions
for
 learning)

d. Sheriff’s duty in the

implementation of the writ;
when property is claimed by
third party
• BA Finance Corp. v. Court of
Appeals, G.R. No. 102998, July
5, 1996
• Rivera v. Vargas, G.R. No. 165895,
5 June 2009
• Advent Capital and Financ Corp. v.
Young, G.R. No. 183018, 3
August 2011
• Northern Motors, Inc. v. Herrera,
|||

G.R. No. L-32674, February 22,

1973

VI. Provisional Remedies under

Special Law and Rules
a. Provisional remedies of the
Family Courts; Support Pendente
Lite
• Francisco v. Zandueta, G.R.
No. L-43794, 9 August 1935
• San Juan v. Valenzuela, G.R.
No. L-59906, October 23,
1982
b. Human Security Act
c. Anti-Violence against
Women and Children Act
d. Anti-Money Laundering Act
e. Financial Rehabilitation and
Insolvency Act
f. Precautionary Hold Departure
Orders

FINAL EXAMINATION

POLICIES:
Policies and values that the teacher might want to communicate through the
syllabus concerning attendance, participation, academic integrity (e.g. plagiarism,
cheating, fabrication), missing assignments, missed exams, recording classroom
activities, online behavior during synchronous sessions, etc.

1. Attendance will be checked every meeting.

 2. Students who are called to recite but absent shall get a grade of 60.

29
3. Students who missed a quiz will get a grade of 60.
4. Students are prohibited from recording the online class as this is a violation of the
Copyright of the Professor.

Prepared by:

Judge Gina Bibat-Palamos

Judge Wilhelmina Jorge-Wagan

Atty. Ramon S. Esguerra

Atty. Plaridel J. Bohol II

Atty. Francesca Lourdes M. Señga

Atty. Monica Anne T. Yap

30