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CIVIL PROCEDURE

COURSE OUTLINE
1ST SEMESTER, AY 2015-2016
DE LA SALLE UNIVERSITY COLLEGE OF LAW
JUDGE ANNE PERPETUAL S. RIVERA-SIA
INTRODUCTION
1. Concept of Remedial Law
1.1.
Remedial Law v. Substantive Law
1.2.
Application of Procedural Rules
1.3.
Effect
1.4.
Scope of Civil Procedure
2. Rule-Making Power of the Supreme Court
2.1.
Article VIII, Constitution
2.2.
Power to Amend and Power to Suspend
2.3.
Limitations
2.4.
Rule on Liberal Construction
3. Nature of the Philippine Courts
3.1.
Equity Jurisdiction
3.2.
Principle of Judicial Hierarchy
3.3.
Doctrine of Judicial Stability
Pertinent Rules: Rule 1, 1997 Rules of Civil Procedure
Annotations: Willard B. Riano, Civil Procedure (The Bar Lecture Series), Vol. 1, 2014 ed.
Jurisprudence:
Neypes v. CA (469 SCRA 633)
Apo Fruits Corp. v. Land Bank (632 SCRA 727)
Tan v. Bausch & Lomb, Inc. (December 15, 2005)
Cabili v. Balindong, AM No. RTJ-10-2225, September 6, 2011
Spouses Bergonio v. Court of Appeals (January 25, 2012)
JURISDICTION
1. Jurisdiction in General
2. Jurisdiction of Courts
2.1.
Supreme Court and Appellate Courts
2.2.
Regional Trial Court
2.3.
Family Courts
2.4.
Metropolitan Trial Courts/Municipal Trial Courts
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2.4.1. Rule of Procedure for Small Claims Cases


2.4.2. Revised Rule on Summary Procedure
2.5.
Sharia Courts
3. Subject Matter Jurisdiction
3.1.
Error of Jurisdiction v. Error of Judgment
3.2.
Doctrine of Primary Jurisdiction
3.3.
Doctrine of Adherence of Jurisdiction
3.4.
Principle of Estoppel
4.
5.
6.
7.

Jurisdiction over the Person


Jurisdiction over the Res
Jurisdiction over Issues
Totality Rule

Applicable Laws: Batas Pambansa Blg. 129 as amended, Republic Act 7691, Republic Act
8369,
Annotations: Willard B. Riano, Civil Procedure (The Bar Lecture Series), Vol. 1, 2014 ed.
Jurisprudence:
Sante v. Claravall (February 22, 2010)
Heirs of Bautista v. Lindo (March 10, 2014)
Padlan v. Dinglasan (March 20, 2013)
Genesis Investment v. Heirs of Ebarasabal (November 20, 2013)
Gomez v. Montalban (March 14, 2008)
Tumpag v. Tumpag (September 29, 2014)
Lu v. Lu Ym (February 15, 2011)
Do-All Metal Industries Inc. v. Security Bank Corp. (January 10, 2011)
Barrameda Vda, de Ballesteros v. Rural Bank of Canaman, Inc., (November 24, 2010)
Lamsis v. Dong-e, (October 20, 2010)
De Joya v. Marquez, GR No. 162416, January 31, 2006
ORDINARY CIVIL ACTIONS
Filing of Complaint and other Preliminary Matters
1. Definition of Pleading
2. Complaint as a type of pleading
2.1.
Manner of Making Allegations
2.1.1. Ultimate Facts
2.1.2. Capacity to Sue and to be Sued
2.1.3. Fraud, mistake, condition of the mind
2.1.4. Pleading a judgment
2

2.1.5. Condition precedent


2.1.6. Alternative causes of action
2.1.7. Action is based on a document
2.2.
Signature and address of party and counsel
2.3.
Verification
2.3.1. Effect of Defective Verification
2.3.2. Effect of Lack of Verification
2.4.
Certification against Forum Shopping
2.4.1. Definition of Forum Shopping
2.4.2. Effect of Lack of Certification
2.4.3. Effect of Defective Certification
2.5.
MCLE Compliance of Counsel
2.6.
Manner of Filing the Complaint
2.7.
Payment of Docket Fees and other Lawful Fees
2.8.
Amendment of Complaint
2.8.1. Substantial Amendment vis--vis Formal Amendment
2.8.2. Effect of amended complaint
2.8.3. Amended complaint vis--vis Supplemental Complaint
2.9.
Compliance with Conditions Precedent
3. Cause of Action
3.1.
Elements of Cause of Action
3.2.
Cause of Action vis--vis Right of Action
3.3.
Joinder of Causes of Action
3.4.
Misjoinder of Causes of Action
3.4.1. Effect of Misjoinder
3.5.
Splitting a Single Cause of Action
3.5.1. Effect of Splitting
4. Type of Actions as to Object
4.1.
Action in personam
4.2.
Action in rem
4.3.
Quasi-in-rem action
5. Type of Actions as to Foundation
5.1.
Personal Action
5.2.
Real Action
6. Parties
6.1.
Who may be Parties
6.2.
Parties in interest
6.3.
Indispensable Parties
6.4.
Necessary Parties
6.5.
Misjoinder and Non Joinder of Parties
6.6.
Class Suit
6.7.
Alternative Defendants
6.8.
Death of Party Duty of Counsel
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6.9.
6.10.
6.11.
6.12.

Incompetency or Incapacity of Party


Transfer in interest
Indigent Party
Solicitor General

7. Venue
7.1.
7.2.
7.3.
7.4.
7.5.

Venue vis--vis Jurisdiction


Venue of Real Actions
Venue of Personal Actions
Venue as to non-resident defendants
Effect of Stipulation on Venue

Pertinent Rules: Rules 2-4, 6-8, 10, 1997 Rules of Civil Procedure, A.M. No. 00-2-10-SC
dated May 1, 2000, Bar Matter No. 1922 amended on January 14, 2014
Annotations: Willard B. Riano, Civil Procedure (The Bar Lecture Series), Vol. 1, 2014 ed.
Jurisprudence:
Selga v. Brar (September 21, 2011)
Ang v. Ang (August 22, 2012)
Pua v. Deyto (November 26, 2012)
Regalado v. Regalado (June 6, 2011)
Ballatan v. Court of Appeals (March 2, 1999)
Macaslang v. Zamora (May 30, 2011)
Brown-Araneta v. Araneta (October 9, 2013)
Formoso v. PNB (June 1, 2011)
Cosco Phils. Shipping v. Kemper Insurance Co. (April 23, 2012)
Ledda v. BPI (November 21, 2012)
Aquino v. Aure, GR No. 153567, February 18, 2008
On Filing and Service of Pleadings, Judgments and Orders
1. Definition of Filing
1.1. Manner of Filing
1.2. How to Prove Filing
2. Definition of Service
2.1. Upon whom service shall be made
2.2. Service upon counsel representing several parties
2.3. How to prove service
3. Papers required to be filed and served
4. Service of Judgments, Final Orders and Resolutions
5. Modes of Service
5.1. Personal Service
5.2. Service by Registered Mail
4

5.3. Substituted Service


Applicable Rule: Rule 13, Rule on Efficient Use of Paper (A.M. 11-9-4-SC)
Annotations: Willard B. Riano, Civil Procedure (The Bar Lecture Series), Vol. 1, 2014 ed.
Jurisprudence:
Philippine National Bank v. Commissioner of Internal Revenue, (December 14, 2011)
Palileo v. Planters Development Bank (October 8, 2014)
Marcelino Domingo v. Court of Appeals (February 2, 2010)
How Jurisdiction over Parties is Acquired
1. Nature and purpose of Summons in relation to actions in personam,
in rem and quasi in rem
2. Modes of Service of Summons
2.1.
Personal Service
2.2.
Substituted Service
2.3.
Constructive Service (by publication)
2.4.
Extraterritorial Service
3. Voluntary Appearance
4. Proof of Service
5. Effect of Defective Service of Summons
Applicable Rules: Rule 14, 1997 Rules of Civil Procedure
Annotations: Willard B. Riano, Civil Procedure (The Bar Lecture Series), Vol. 1, 2014 ed.
Jurisprudence:
Gentle Supreme Phils. Inc. v. Consulta (September 1, 2010)
Macasaet v. Co (June 5, 2013)
Palma v. Galvez (March 10, 2010)
NM Rothschild & Sons Ltd. v. Lepanto Consolidated Mining Co. (November 28,
2011)
Santos v. PNOC (September 23, 2008)
Tung Ho Steel Enterprises Corp. v. Ting Guan Trading Corp. (April 7, 2014)
Alabang Development Corp. v. Alabang Hills Village Association (June 2, 2014)
Montefalcon v. Vasquez (June 17, 2008)
Motions
1. Motions in general
1.1. Definition of a motion
1.2. Motions vis-a-vis pleadings
5

1.3. Contents and forms of motions


1.4. Notice of hearing and hearing of motions
1.5. Omnibus motion rule
1.6. Litigated and ex parte motions
1.7. Pro-forma motions
2. Motion for Bill of Particulars
2.1. Effect on the period to file responsive pleading
3. Motion to Dismiss in lieu of Answer
3.1. Grounds
3.2. When grounds pleaded as affirmative defenses
3.3. Contents and Form
3.4. Time to File
3.5. Remedies of Plaintiff when the complaint is dismissed
3.6. Remedies of Defendant in case of denial
3.7. Bar by dismissal
3.8. Prior recourse to barangay conciliation as condition precedent to filing a
complaint
Applicable Rules: Rules 12, 15 & 16, 1997 Rules of Civil Procedure, SC Administrative
Circular 14-93. ,Annotations: Willard B. Riano, Civil Procedure (The Bar Lecture Series),
Vol. 1, 2014 ed.
Jurisprudence:
Cabrera v. Ng (March 12, 2014)
Sarmiento v. Zaratan (February 5, 2007)
Anama v. Court of Appeals (January 25, 2012)
Casalla v. People (October 29, 2002)
Preysler, Jr., v. Manila Southcoast Development Corporation (June 28, 2010)
Macaslang v. Zamora (May 30, 2011)
Aquino v. Aure (February 18, 2008)
Joinder of Issues
1. Answer
1.1.
1.2.
1.3.
1.4.
1.5.
1.6.
1.7.

When to File
Specific Denial
Negative Defenses and Affirmative Defenses
How to contest an Actionable Document
Effect of Failure to Plead Defenses and Objections
Compulsory Counterclaim vis--vis Permissive Counterclaim
1.6.1. Effect of Failure to Plead Counterclaim
Cross-claim
6

1.8.
1.9.
1.10.
1.11.
1.12.

Counter-counterclaims and Counter-cross-claims


Third party complaint
Answer to Third party complaint
Bringing new parties
Striking out of pleading or matter contained therein

2. Effect of Failure to File Answer - Order of Default


2.1.
When a declaration of default is proper
2.2.
Effect of an order of default
2.3.
Failure to plead a compulsory counterclaim and cross-claim
2.4.
Effect of a partial default
2.5.
Extent of relief
2.6.
Actions where default is not allowed
3. Effect of Failure to File Answer under Special Rules of Procedure
3.1.
Failure to File Answer under Revised Rule on Summary Procedure
3.2.
Failure to File Response under Rule of Procedure on Small Claims
Cases
4. Dismissal of Actions
4.1.
Notice of Plaintiff
4.2.
Dismissal upon Motion
4.3.
Dismissal due to fault of plaintiff
4.4.
Dismissal of counterclaim, cross-claim or third-party complaint
4.5.
Distinction between dismissals with prejudice and without
prejudice
5. Reply
6. Modes of Discovery
6.1.
Depositions pending action; depositions before action or
pending appeal
a) Meaning of deposition
b) Uses; scope of examination
c) When may objections to admissibility be made
d) When may taking of deposition be terminated or its scope
limited
6.2.

Written interrogatories to adverse parties


a) Consequences of refusal to answer
b) Effect of failure to serve written interrogatories

6.3.

Request for admission


a) Implied admission by adverse party
b) Consequences of failure to answer request for admission
c) Effect of admission
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d) Effect of failure to file and serve request for admission


6.4.
6.5.
6.6.

Production or inspection of documents or things


Physical and mental examination of persons
Consequences of refusal to comply with modes of discovery

Applicable Rules: Rules 7, 9-11, 17, 23-29,


Annotations: Willard B. Riano, Civil Procedure (The Bar Lecture Series), Vol. 1, 2014 ed.
Jurisprudence:
Pacana-Contreras v. Rovila Water Supply, Inc. (December 2, 2013)
Sps. Afulugencia v. Metrobank (February 5, 2014)
Eagleridge Devt. Corp. v. Cameron Granville 3 Asset Mgt. (April 10, 2013)
Ching v. Cheng (October 8, 2014)
Sales v. Sabino, (December 9, 2005)
Otero v. Tan (August 15, 2012)
Diona v. Balangue (January 7, 2013)
Intervention of Parties
1. Requisites for intervention
2. Time to intervene
3. Remedy for the denial of motion to intervene
Applicable Rules: Rule 19
Annotations: Willard B. Riano, Civil Procedure (The Bar Lecture Series), Vol. 1, 2014 ed.
Jurisprudence:
Heirs of Medrano v. de Vera (August 9, 2010)
Office of the Ombudsman v. Sison (February 16, 2010)
Pre-Trial Stage
1. Concept and Purpose
2. Distinction between Pre-Trial in Civil Cases and Pre-Trial in Criminal Cases
3. Conduct of Pre-Trial
3.1.
Duty of Plaintiff to Set Case for Pre-Trial
3.2.
Effect of Failure to Appear
3.3.
Effect of Failure to File Pre-Trial Brief
4. Court-Annexed Mediation (A.M. No. 11-1-6-SC-PHILJA)
4.1.
Coverage
4.2.
Role of Lawyers
8

5. Judicial Dispute Resolution (A.M. No. 11-1-6-SC-PHILJA)


6. Judicial Affidavit Rule
6.1.
Purpose
6.2.
Application and Scope
7. A.M. No. 14-03-02-SC (Piloting of New System for Speedy Court Trial)
Applicable Rules: Rule 18, A.M. No. 11-1-6-SC-PHILJA, A.M. No. 14-03-02-SC
Annotations: Willard B. Riano, Civil Procedure (The Bar Lecture Series), Vol. 1, 2014 ed.
Jurisprudence:
Philam Life Ins. Co. v. Enerio (September 15, 2010)
PNB v. Spouses Perez (June 15, 2011)
Anson Trade Center, Inc., v. Pacific Banking Corporation, (March 17, 2009)
Tolentino v. Laurel (February 22, 2012)
Trial
1. Subpoena
1.1.
Subpoena duces tecum
1.2.
Subpoena ad testificandum
1.3.
Service of subpoena
1.4.
Compelling attendance of witnesses; contempt
1.5.
Quashing of subpoena
2. Trial Proper
2.1.
Adjournments and postponements
2.2.
Requisites of motion to postpone trial
2.2.1. For absence of evidence
2.2.2. For illness of party or counsel
2.3.
Agreed statement of facts
2.4.
Order of trial; reversal of order
2.5.
One Day Examination of Witness Rule (A.M. No. 03-1-09-SC)
2.6.
Most Important Witness Rule (A.M. No. 03-1-09-SC)
2.7.
Consolidation or severance of hearing or trial
2.8.
Delegation of reception of evidence
2.9.
Trial by commissioners
2.9.1. Reference by consent or ordered on motion
2.9.2. Powers of the commissioner
2.9.3. Commissioners report; notice to parties and hearing on the report
3. Amendment to conform to evidence
4. Demurrer to evidence
4.1.
Ground
4.2.
Effect of Denial
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4.3.
4.4.
4.5.

Effect of grant
Waiver of right to present evidence
Distinction as to demurrer to evidence in a criminal case

Applicable Rules: Rules 10, 21, 30-33, A.M. No. 03-1-09-SC.


Annotations: Willard B. Riano, Civil Procedure (The Bar Lecture Series), Vol. 1, 2014 ed.
Jurisprudence:
Republic v. Oribello (March 6, 2013)
Gonzales v. Bugaay (February 22, 2012)
GMA Network Inc. v. Central CATV, Inc. (July 18, 2014)
Judgment
1. Kinds of Judgment
1.1. Without testimonial evidence
1.1.1.
1.1.2.
1.1.3.

Judgment based on compromise agreement


Summary Judgment
Judgment on the Pleadings

1.2. With partial reception of evidence


1.2.1. Judgment by Default
1.2.2. Judgment on Demurrer to Evidence
1.3. With reception of evidence
1.3.1. Judgment on the merits
1.3.2. Several judgment
1.3.3. Separate judgment
2.
3.
4.
5.
6.

Requisites of a Valid Judgment


Parts of a Judgment
Validity of Memorandum Decision
Final Judgment v. Interlocutory Order
Doctrine of Immutability of Judgments
6.1. Exceptions
7. Effect of Final Judgment
8. Rule of Stare Decisis v. Res Judicata
9. Rendition of judgments and final orders
9.1. Meaning of rendition of judgment
9.2. Period to render judgment
9.3. Judgment penned by a judge who did not hear the evidence
9.4. Judgment by a judge who had ceased to be a judge
9.5. Judgment penned by a judge who was transferred
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10. Entry of judgment and final order


Applicable Rules: Rules 34-36
Annotations: Willard B. Riano, Civil Procedure (The Bar Lecture Series), Vol. 1, 2014 ed.
Jurisprudence:
Pacific Rehaus v. Export & Industry Bank (October 13, 2010)
Philippine Business Bank v. Chua (November 15, 2010)
Shimizu Phils. Contractors v. Magsalin (June 20, 2012)
Basbas v. Sayson, (August 22, 2011)
Post Judgment Remedies
1.

Motion for Reconsideration/New Trial


1.1. Grounds for filing a Motion for Reconsideration
1.2. Grounds for filing a Motion for New Trial
1.3. When to file
1.4. Denial of the motion; effect
1.5. Grant of the motion; effect
1.6. Remedy when motion is denied, fresh 15-day period rule

2.

Appeal
2.1. Judgments and orders that are appealable
2.2. Judgments and orders not subject of appeal
2.3. Period to File Appeal
2.4. Perfection of Appeal
2.5. Issues that may be raised on appeal
2.6. Notice of Appeal vis--vis Record on Appeal
2.7. Dismissal of Appeal
2.7.1. Dismissal of appeal before the RTC
2.7.2. Dismissal of appeal before the Court of Appeals
2.7.3. Dismissal of appeal before the Supreme Court

3.

Modes of Appeal
3.1. Ordinary Appeal
3.2. Petition for Review
3.3. Appeal by Certiorari
3.3.1. Questions of law vis--vis Questions of fact
3.3.2. What may be reviewed on appeal by certiorari
3.3.3. When questions of fact may be passed upon

4.

Appeal from judgments or final orders of the Metropolitan Trial Court/


Municipal Trial Court
Appeal from judgments or final orders of the Regional Trial Court
Appeal from judgments or final orders of the Court of Appeals

5.
6.

11

7.
8.

Appeals from judgments or final orders of the Sandiganbayan


Special Appealed Cases
8.1. Appeal from judgments or final orders of the Court of Tax Appeals
8.2. Review of final judgments or final orders of the Comelec
8.3. Review of final judgments or final orders of the Ombudsman
8.4. Review of final judgments or final orders of the NLRC
8.5. Review of final judgments or final orders of quasi-judicial agencies

9.
10.

11.

12.

Doctrine of Residual Jurisdiction


Relief from Judgment or Final Order
10.1.Grounds for Petition for Relief
10.2.Concept of Extrinsic Fraud
10.3.Form of the Petition
10.4.When and where to File
Annulment of Judgment
11.1.Nature of the Action
11.2.Grounds for Annulment of Judgment
11.3.When and who may file
11.4.Effect of judgment of annulment
Collateral Attack on Judgment
12.1.Distinction as to direct attack

Applicable Rules: Rules 37-38, 40-56


Annotations: Willard B. Riano, Civil Procedure (The Bar Lecture Series), Vol. 1, 2014 ed.
Jurisprudence:
Cruz v. MIAA (September 9, 2013)
Spouses Manila v. Spouses Manzo (September 7, 2011)
St. Martin Funeral Home v. NLRC (September 16, 1998)
Neypes v. Court of Appeals (September 14, 2005)
Yu v. Samson-Tadtad (February 9, 2011)
Execution of Judgment and Final Orders
I.
II.
III.
IV.
V.
VI.
VII.
VIII.

When Execution shall issue


Kinds of Execution
a. Discretionary
b. Ministerial
Judgments not stayed by appeal
Quashal of Writ of Execution
Execution by Motion v. Execution by Action
When property levied upon is claimed by third persons (terceria)
Execution of Money Judgments
Execution of Judgment for Delivery or Restitution of Real Property
12

IX.
X.
XI.
XII.

Execution of Judgment for Performance of Specific Act


Levy and Garnishment
Properties exempt from execution
Denial of Motion to Execute

Applicable Rules: Rule 39


Annotations: Willard B. Riano, Civil Procedure (The Bar Lecture Series), Vol. 1, 2014 ed.
Jurisprudence:
Raymundo v. Galen Realty (October 16, 2013)
Republic v. Yahon (June 16, 2014)
Cabling v. Lumapas (June 18, 2014)

PROVISIONAL REMEDIES
Nature of Provisional Remedies
Provisional Remedies under the Rules of Court
1. Preliminary Attachment
1.1. Definition and Purpose
1.2. Requirements and Procedure for the Issuance
1.3. Grounds for the Issuance
1.4. Stages in the Implementation of the Writ
1.5. Discharge of Attachment and filing of counterbond
1.6. Recovery of Damages
2. Preliminary Injunction
2.1. Definition and Nature
2.2. When writ is granted
2.3. Classes of Preliminary Injunction
2.4. Requirements and Procedure for the Issuance
2.5. Temporary Restraining Order
2.6. Prohibition on injunction under special laws
3. Receivership
3.1. What is a Receiver?
3.2. Grounds for the grant of receivership
3.3. Denial of application for receivership
3.4. Appointment of Receiver
3.5. General Powers of Receiver
13

4. Replevin
4.1. Definition and Nature
4.2. Requirements and Procedure for the Issuance
4.3. How to seek return of the property
4.4. When property is claimed by third person
5. Support Pendente Lite
5.1. Requirements for Application
5.2. Nature
5.3. Factors in determining support
5.4. Procedure and Enforcement
Applicable Rule: Rules 57-61, 1997 Rules of Civil Procedure
Annotations: Willard B. Riano, Civil Procedure (The Bar Lecture Series), Vol. 2, 2012 ed.
Jurisprudence:
Davao Light & Power Co.,Inc. v. CA (December 29, 1991)
Sofia Torres, et.al. v. Nicanor Satsatin, et.al. (November 25, 2009)
Lim v. Spouses Lazaro (July 3, 2013)
Buyco v. Baraquia (December 21, 2009)
Medina v. Greenfield Development Corp. (November 19, 2004)
Commodities Storage & Ice Plant Corp. v. CA (June 19, 1997)
BA Finance Corp. v. CA (July 5, 1996)
Distilleria Washington, Inc. v. Court of Appeals, 331 Phil. 622
Twin Ace Holdings Corporation v. Rufina and Company (June 8, 2006)
Susan Lim-Lua v. Danilo Lua (June 5, 2013)
SPECIAL CIVIL ACTIONS
Nature of Special Civil Actions
As distinguished from Ordinary Civil Actions
Jurisdiction and Venue
Special Civil Actions under the Rules of Court
Applicable Rule: Rules 62-71, 1997 Rules of Civil Procedure
Annotations: Willard B. Riano, Civil Procedure (The Bar Lecture Series), Vol. 2, 2012 ed.
1. Interpleader
1.1. Purpose
1.2. When interpleader is proper
1.3. Interpleader vis--vis intervention
1.4. Adjudication
14

Jurisprudence
Lui Enterprises v. Zuellig Pharma, March 12, 2014
Ocampo v. Tirona, April 6, 2005
2. Declaratory Relief and Similar Remedies
2.1. Purpose
2.2. Types of actions under Rule 63
2.3. Requisites and subject matter of declaratory relief
2.4. Special Issues on Declaratory Relief
2.5. Examples of Similar Remedies
Jurisprudence
Malana, et.al., v. Tappa, et.al., September 17, 2009
Galicto v. Pres. Aquino, February 28, 2012
3. Review of Judgments and Final Orders or Resolutions of COMELEC and COA
3.1. Application of Rule 65 under Rule 64
3.2. Distinction in the application of Rule 65 to judgments of the Comelec and
COA and the application of Rule 65 to other tribunals, persons and officers
Jurisprudence
Lokin, Jr. v. COMELEC, June 26, 2012
Pates v. COMELEC, June 30, 2009
4. Certiorari, Prohibition, and Mandamus
4.1. Certiorari
4.1.1. Nature of the remedy of certiorari
4.1.2. Certiorari distinguished from appeal
4.1.3. Petition for Certiorari vis--vis Petition for Review on Certiorari
4.1.4. Application of Judicial Courtesy
4.1.5. Exceptions to the requirement of a prior Motion for Reconsideration
4.1.6. Requirements for filing the petition
4.1.7. Parties to the petition
4.1.8. Grounds for dismissal
4.1.9. Effect of judgment
4.2. Nature of the remedy of prohibition
4.2.1. Requisites for the issuance of writ of prohibition
4.2.2. Prohibition distinguished from injunction and certiorari
4.2.3. Prohibition as an original action
4.3. Nature of the remedy of mandamus
4.3.1. Requisites for mandamus to be available
4.3.2. Ministerial act distinguished from discretionary act
4.3.3. Mandamus vis--vis injunction
4.3.4. Mandamus vis--vis prohibition
4.3.5. Effect of judgment in mandamus
15

Jurisprudence
Pascual v. Robles, June 22, 2011
Crisologo v. JEWM Agro-Industrial Corp., March 3, 2014
GSIS v. De Leon, November 17, 2010
A.L. Ang Network Inc. v. Mondejar, January 22, 2014
Kalipunan ng Damayang Mahihirap v. Robredo, July 22, 2014
5. Quo Warranto
5.1. Nature and purpose of the action
5.2. Quo warranto distinguished from mandamus
5.3. Quo warranto distinguished from an election protest
5.4. Parties to the petition
5.5. Role of the Solicitor General or Public Prosecutor
5.6. Venue
5.7. Quo warranto in an elective office and Quo warranto in an appointive office
5.8. Effect of judgment
5.9. Limitations on the period to file action
Jurisprudence
Calleja, et.al., v. Panday, et.al., February 28, 2006
6. Expropriation
6.1. Power of Eminent Domain in relation to Expropriation
6.2. Institution of expropriation proceeding
6.3. Parties to the proceeding
6.4. Stages in Expropriation
6.4.1. Determination of authority to expropriate
6.4.1.1. Filing of the Complaint
6.4.1.2. Defenses and Objections
6.4.1.3. Issuance of Order of Expropriation
6.4.2. Determination of just compensation
6.4.2.1. Appointment of commissioners
6.4.2.2. Proceedings before the commissioners
6.4.2.3. Action upon the commissioners report
6.4.2.3.1. Rendition of Judgment as to compensation
6.4.2.3.2. Remedy of Appeal, effect
6.5. Entry upon the property and possession thereof
6.5.1. Deposit and Notice under Rule 67
6.5.2. Application of RA 8974 anent immediate payment
6.6. Payment of Just Compensation
6.6.1. Right of plaintiff after judgment and acceptance of payment
6.6.2. Refusal to accept payment
6.6.3. Effect of Non-payment
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6.7. Entry of Judgment


Jurisprudence
National Power Corporation v. Heirs of Macabangkit, August 24, 2011
City of Iloilo v. Hon. Contreras-Besana, February 12, 2010
7. Foreclosure of Real Estate Mortgage
7.1. Nature of a Real Estate Mortgage
7.2. Modes of Foreclosure
7.2.1. Judicial Foreclosure
7.2.2. Extrajudicial Foreclosure
7.3. Allegations in the complaint for judicial foreclosure
7.4. Judgment on Foreclosure
7.4.1. Equity of Redemption
7.4.2. Right of Redemption
7.4.3. Sale of Mortgaged Property
7.4.3.1. Order of Confirmation, effect
7.4.3.2. Registration of Sale
7.4.3.3. Writ of Possession
7.4.3.4. Disposition of Proceeds of Sale
7.4.3.5.
7.5. Deficiency Judgment
Jurisprudence
Spouses Rosales and Sibug v. Spouses Suba, August 12, 2003
8. Partition
8.1. Nature of Partition as an action
8.2. Matters to be alleged in the complaint
8.3. Who may file and where the action should be filed
8.4. Order for partition
8.5. Modes of Partition
8.5.1. Partition by agreement
8.5.2. Partition by judicial proceedings
8.5.2.1. Appointment of commissioners
8.5.2.2. Effect if division of property would be prejudicial
8.5.2.3. Action on the report of commissioners
8.6. Judgment of Partition, effects
Jurisprudence
Quintos v. Nicolas, June 16, 2014
9. Forcible Entry and Unlawful Detainer
9.1. Forcible Entry
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9.1.1. What should be alleged in the complaint


9.1.1.1. Prior physical possession
9.1.1.2. Notice requirement
9.1.2. Who may file the complaint
9.1.3. When should the complaint be filed
9.2. Unlawful detainer
9.2.1. What should be alleged in the complaint
9.2.1.1. Lessor-lessee relationship
9.2.1.2. Tolerance
9.2.1.3. Notice to Pay and to Vacate
9.2.2. Who may file the complaint
9.2.3. When should the complaint be filed
9.3. Resolving Issue of Ownership
9.4. Prohibited Pleadings
9.5. Application for a Writ of Preliminary Injunction
9.6. Judgment
9.6.1. Award of Damages
9.6.2. Stay of Execution if judgment is rendered against defendant
9.6.3. Immediate execution, when applicable
Jurisprudence
Zacarias v. Anacay, September 24, 2014
Republic v. Sunvar Realty, June 20, 2012
Optimum Development Bank v. Spouses Jovellanos, December 4, 2013
Pro-Guard Security v. Tormil Realty, July 7, 2014
10. Contempt
10.1.Purpose and Nature of Contempt Power
10.2.Criminal Contempt vis--vis Civil Contempt
10.3.Direct Contempt
10.3.1. What constitutes direct contempt
10.3.2. How proceeding is initiated
10.3.3. Imposable Penalties
10.3.4. Remedy if adjudged in direct contempt
10.4.Indirect Contempt
10.4.1. What constitutes indirect contempt
10.4.2. How proceeding is initiated
10.4.3. Where should the charge be filed
10.4.4. Imposable Penalties
10.4.5. Remedy if adjudged in indirect contempt
Jurisprudence
Habawel v. CTA, September 7, 2011
Baculi v. Belen, September 24, 2012
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