SYLLABUS FOR CIVIL PROCEDURE as amended

Second Semester, School Year 2022-2023

COURSE DESCRIPTION – The course covers the study of the Rules 1 to 56 of the 1997 Rules
of Civil Procedure, as amended by the 2019 Amendments (A.M. 19-10-20 SC) and RA 11596,
otherwise known as the Revised Rules on Civil Procedure, including pertinent special laws,
administrative circulars, and Supreme Court decisions.

COURSE OUTLINE

I. General Principles

A. Remedial Law
1. History
2. Coverage
B. Concept of Remedial Law
1. Substantive Law
2. Procedural Law
3. Jurisdiction
4. Venue

C. Rule-making Power of the Supreme Court

Sec. 5, Article VIII, 1987 Constitution
Morales v. Court of Appeals, G.R. No. 217126-27, November 10, 2015

1. Limitations on the rule-making power of the Supreme Court

Sec. 2 of Article VIII, 1987 Constitution

Sec. 30, Article VI, 1987 Constitution
Fabian v. Desierto, G.R. No. 129742, September 16, 1998, 295 SCRA 470

2. Power of the Supreme Court to amend and suspend procedural rules

Neypes v. Court of Appeals, G.R. No. 141524, September 14, 2005, 469 SCRA 633.
McBurnie v. Ganzon, G.R. No. 178034, October 17, 2013

3. Retroactivity of procedural rules

Article 4, Civil Code
Rule 144 of 2019 Amendments (A.M. No. 19-10-20-SC)
Sun Insurance Office Ltd. v. Asuncion, G.R. No. 79937-38, February 13, 1989
D. Basic principles in Jurisdiction

1. Elements of Jurisdiction
a. Jurisdiction over the subject matter or nature of the case
b. Jurisdiction over the parties
c. Jurisdiction over the res
de Pedro v. Romasan Dev. Corp., G.R. No. 194751, November 26, 2014

2. Jurisdiction is conferred by law

Mitsubishi Motors Phils. Corp. v. BOC, G.R. No. 209830, June 17, 2015

3. Classes of Jurisdiction

a. Concepts
(i) General
(ii) Special or Limited
(iii) Original
(iv) Appellate
(v) Exclusive
(vi) Concurrence/confluent/coordinate

b. Nature of Philippine Courts

(i) Meaning of a court
(ii) Court as distinguished from a judge

c. Classification of Philippine courts

d. Courts of original and appellate jurisdiction
e. Courts of general and special jurisdiction
f. Constitutional and statutory courts
g. Courts of law and equity

4. Different kinds of jurisdiction

a. Delegated jurisdiction ( BP 129, Sec. 34 in relation to PD 1529, Sec. 2)

b. Special jurisdiction ( BP 129, Sec. 35)
c. Residual jurisdiction
DBP v. Judge Carpio, G.R. No. 195450, February 1, 2017; differentiate
from residual prerogatives in Katon v. Palanca, Jr., G.R. No. 151149,
September 7, 2004
d. Primary jurisdiction
MMDA v. D.M. Consunji, Inc., G.R. No. 222423, February 20, 2019
Republic v. Sali, G.R. No. 206023, April 3, 2017
e. Expanded jurisdiction (Sec. 1, 2nd par. of Art. VIII of
the Constitution)
 f. Split jurisdiction
City of Manila v. Judge Cuerdo, G.R. No. 175723, February 4, 2014

g. Epistolary jurisdiction
Resident Marine Mammals of the Protected Seascape Tanon Strait v.
Reyes, G.R. No. 180771, April 21, 2015

h. Equity jurisdiction
Regulus Development Inc. v. dela Cruz, G.R. No. 198172, Jan 25, 2016

5. Estoppel by jurisdiction
Duero v. Court of Appeals, G.R. No. 131282, January 2, 2002, 373 SCRA 11;
Compare with: Gonzaga v. Court of Appeals, G.R. No. 144025, December 27,
2002, 394 SCRA 472

6. Principle of judicial hierarchy

Gios-Samar, Inc. v. DOTC, G.R. No. 217158, March 12, 2019

7. Doctrine of non-interference or doctrine of judicial stability

del Rosario v. Ocampo-Ferrer, G.R. No. 215348, June 20, 2016

8. Doctrine of adherence of jurisdiction

Mendoza v. Comelec, G.R. No. 188308, October 15, 2009

II. Jurisdiction

A. Jurisdiction in general
1. Meaning of jurisdiction over the subject matter
2. Jurisdiction versus the exercise of jurisdiction

Gonzales v. GJH Land, Inc., G.R. No. 202664, November 10, 2015

3. Error of jurisdiction as distinguished from error of judgment

4. How jurisdiction is conferred and determined
5. The facts alleged in the complaint and the law in force at the time of
commencement of action determine the jurisdiction
6. Objections to jurisdiction over the subject matter

B. Jurisdiction of Courts

1. Supreme Court
a. Sec. 1, Art. VIII, 1987 Constitution
Power of judicial review: de Castro v. Judicial Bar Council, G.R. No. 191002,
March 17, 2010, 615 SCRA 666
Moot and academic: Lim Bio Hian v. Lim Eng Tian, G.R. No. 195472, January 8,
2018, 850 SCRA 13
 b. Internal Rules of the Supreme Court
Rule 2, Sec. 3; Sec. 11; Sec. 14
Rule 3, Sec. 2; Sec. 3; Sec. 4
Rule 9, Sec. 5
Rule 10, Sec. 2

2. Court of Appeals

a. Sec. 3, BP 129
Sec. 9 of BP 129, as amended by Rep. Act No.
8246
b. 2009 Internal Rules of the Court of Appeals
Rule 1, Sections 2 and 3
Rule 2, Sec. 5
Rule 3, Sec. 2 (a); Sec. 3
Rule 4, Sec. 4 (b)
Rule 6, Sec. 1; Sec. 3; Sec. 4
In Re: Letter Complaint of Merlita D. Fabiana against Presiding
Justice Andres B. Reyes, et al., A.M. No. CA-13-51-J, July 2, 2013

3. Court of Tax Appeals

a. Rep. No. 9503
b. Rep. Act No. 9282 amending RA 1125
c. CTA Rules of Procedure
Rule 2, Sections 1, 2, 3
Rule 4, Sec. 1
Rule 7, Sec. 1
Rule 8, Sec. 4
CE Casecnan Water and Energy Co. Inc. v. The Province of Nueva Ecija,
G.R. No. 196278, June 17, 2015
Salva v. Magpile, G.R. No. 220440, November 8, 2017
PAL v. CIR, G.R. No. 206079-80, G.R. No. 206309, January 17, 2018

4. Sandiganbayan
a. Rep. Act No. 8249 as amended by RA 10660
b. Revised Internal Rules of the Sandiganbayan
Rule III, Sec. 3
Rule VII, Sec. 1; Sec. 4
Rule IX, Sec. 1; Sec. 4, Sec. 5; Sec. 6, Sec. 7; Sec. 8
Rule X, Sec.1
Rule XI, Sections 1 and 2

5. Regional Trial Courts

a. Sec. 19 of BP 129 as amended by Rep. Act No.11596
INCAPABLE/CAPABLE OF PECUNIARY ESTIMATE

Lu v. Lu Ym Sr., G.R. No. 153690, August 26, 2008; Resolution dated August 4, 2009;
Resolution En Banc dated February 15, 2011
First Sarmiento Property Holdings, Inc. v. Philippine Bank of Communications, G.R. No.
202836, June 19, 2018
Specified Contractors & Development Inc. v. Pobocan, G.R. No. 212472, January 11,
2018, 851 SCRA 53

Sections 416 and 417 of RA 7160

Sebastian v. Lagmay Ng, G.R. No. 164594, April 22, 2015

Saraza v. Francisco, G.R. No. 198718, November 27, 2013

RTC or LABOR TRIBUNAL

Daichi Electronics Manufacturing v. Villarama, G.R. No. 112940, November 21, 1994

RTC or HLURB
PD 957; RA 11201

Eugenio v. Sta. Monica Riverside Homeowners Association, G.R. No. 187751, November
22, 2010
Banco de Oro Unibank, Inc. v. Sunnyside Heights Homeowners Association, Inc., G.R.
No. 198745, January 13, 2016

RTC or MTC

SEE: R.A. 11596

Note the P2Million claims threshold and P400,000.00 for other actions
Note the deletion of the difference in jurisdiction of courts within and outside the NCJR

SPECIAL COMMERCIAL COURTS

Medical Plaza Makati Condominium Corp. v. Cullen, G.R. No. 181416, November 11,
2013
Gonzales v. GJH Land, Inc., G.R. No. 202664, November 10, 2015
Concorde Condominium Inc. v. Baculio, G.R. No. 203678, February 17, 2016

SPECIAL COURTS FOR INTELLECTUAL PROPERTY RIGHTS

SC Adm. Order No. 113-95; revoked by A.M. No. 03-03-03-SC July 1, 2003, as
amended on November 16, 2015
 Other sources of Jurisdiction for the RTC

a. Sec. 21 of BP 129 as amended

b. Sec. 22 of BP 129, as amended (appellate jurisdiction over all cases
decided by the MTCs in their respective territorial jurisdiction
c. In areas where there are no family courts, the cases falling under the
jurisdiction of family courts shall be adjudicated by the RTC
d. Sec. 23 of BP 129, as amended (Special jurisdiction to try special cases).
Examples: Article XI, Sec. 90 of RA 9165; Sec. 57 of RA 6657, as amended by
RA 9700
e. Sec. 24 of BP 129, as amended (Special Rules of Procedure)

6. Family Courts

a. Rep. Act No. 8369 (Family Courts Act of 1997)

Garcia v. Drilon, G.R. No. 179267, June 25, 2013
b. Summary Judicial Proceedings
Republic v. Narceda, G.R. No. 182760, April 10, 2013

7. Metropolitan Trial Courts/Municipal Trial Courts

a. Sec. 32 of BP 129, as amended

b. Sec. 35 of BP 129, as amended
c. RA 7691 Expanded Jurisdiction of the MTC
Foronda-Crystal v. Son, G.R. No. 221815, November 29, 2017
Pajares v. Remarkable Laundry and Dry Cleaning, G.R. No. 212690,
February 20, 2017

8. Shariah Courts
PD 1083, Articles 137; 138; 143; 144; 148
R.A. No. 11054, Article X, Secs. 5, 6,7
Mendez v. Sharia District Court, G.R. No. 201614, January 12, 2016

C. Special Rules of Procedure

1. Rules on Summary Procedure
a. Sec. 36 of BP 129, as amended
b. Revised Rules on Summary Procedure
(i) Cases covered by the Rule
(ii) Effect of failure to answer
(iii) Preliminary conference and appearances of parties
(iv) Prohibited pleadings and motion
(v) Appeal
c. Doctrine of procedural void
Republic v. Sunvar Realty Dev Corp., G.R. No. 194880, June 20, 2012
d. Peculiarities
 2. Rules on Barangay Conciliation

a. Adm. Circular No. 14-93

b. Secs. 399-422, Chapter VII, Title I, Book III, and Sec. 515, Title I, Book
IV, R.A. 7160
(i) Cases covered
(ii) Subject matter for amicable settlement
(iii) Venue
(iv) When parties may go directly to court
(v) Execution
(vi) Repudiation
Abagatnan v. Clarito, G.R. No. 211966, August 7, 2017

3. Small Claims Court (as amended by A.M. No. 08-8-7-SC, effective February 1,
2016) Note amendments dated July 10, 2018 and dated February 27, 2019 increasing the
threshold amounts to P400,000, and further increased to Php1,000,000 by the Rules on
Expedited Procedure in the First Level Courts (A.M. No. 08-8-07-SC)

(i) Scope and applicability of the Rule

(ii) Commencement of small claims action; response
(iii) Prohibited pleadings and motions
(iv) Appearances of parties at the hearing
(v) Hearing; duty of the judge
(vi) Finality of judgment
A.L. Ang Network Inc. v. Mondejar, G.R. No. 200804, January 22, 2014

D. Totality Rule
Sec. 33 (1), BP 129, as amended
Sec. 5 (d), Rule 2

E. Judgments and processes

BP 129, Sec. 38

III. Civil Procedure

2019 Amendments to the 1997 Rules of Civil Procedure did not amend Rule 1 (General
Provisions), Rule 2 (Cause of Action), Rule 3 (Parties to Civil Actions), Rule 4 (Venue of
Actions) and Rule 5 (Uniform Procedure in Trial Courts).

A. Actions

1. Meaning of ordinary civil actions (R1, S3 (a)

2. Meaning of special civil actions (R1, S3 (a), 2nd par.)
 3. Meaning of criminal actions (R1, S3 (b)
4. Civil actions versus special proceedings (R1, S3 (c)
5. Personal actions and real actions (R4, S1 and S2)
6. Local and transitory actions
7. Actions in rem, in personam and quasi in rem
Lucas v. Lucas, G.R. No. 190710, June 6, 2011
De Pedro v. Romasan Development Corp., G.R. No. 194751, November 26, 2014

8. Payment of docket fees (R141, S1)

Heirs of the late Reinoso, Sr. v. CA, G.R. No. 116121, July 18, 2011, 654 SCRA 1
Dragon vs. Manila Banking Corporation, G.R. No. 205068, March 06, 2019.

B. Cause of action (Rule 2)

1. Meaning of cause of action (R2, S2)

Turner v. Lorenzo Shipping Corp., G.R. No. 157479, November 24, 2010

a. When deemed commenced (R2, S5)

2. Right of action versus cause of action

3. Failure to state a cause of action
4. Test of the sufficiency of a cause of action
Santos v. Santos-Gran, G.R. No. 197380, October 8, 2014
Guillermo v. Phi Information Agency, G.R. No. 223751, March 15, 2017
N.M. Rotshchild & Sons (Australia) Ltd. vs. Lepanto Consolidated Mining
Co., G.R. No. 175799, November 28, 2011

5. Splitting a single cause of action and its effects (R2, S4)

Umale v. Canoga Park Development Corp., G.R. No. 167246, July 20,
2011, 654 SCRA 155
Marilag v. Martinez, G.R. No. 201892, July 22, 2015
Chu v. Cunanan, G.R. No. 156185, September 12, 2011.

Damages in ejectment cases: Progressive Development Corp. Inc. v. Court

of Appeals, 301 SCRA 637

6. Joinder and misjoinder of causes of action (R2, S5 and S6)

Salvador v. Patricia, Inc., G.R. No. 195834, November 9, 2016

C. Parties to civil actions (Rule 3)

1. Who may be parties in a civil action (R3, S1)

Alliance of Quezon City Homeowners’ Association, Inc. v. Quezon City
Government, G.R. No. 230651, September 18, 2018

a. Estate as a juridical person

 Vda. de Borromeo v. Pogoy, G.R. No. 63277, Nov 29, 1983
Compare: Ventura v. Militante, G.R. No. 63145, October 9, 1999 and Sps
Rodolfo Berot and Lilia Berot v. Siapno, G.R. No. 188944, July 9, 2014
Gaffney v. Butler, G.R. No. 219408, November 8, 2017

b. Real parties in interest (R3, S2)

Excellent Quality Apparel Inc. v. Win Multi Rich Builders, Inc., G.R. No.
175048, February 10, 2009

2. Representatives as parties (R3, S3)

Ang v. Ang, G.R. No. 186993, August 22, 2012
V-Gent Inc. v. Morning Star Travel and Tours, G.R. No. 186305, July 22,
2015

3. Pro forma parties (R3, S4)

Navarro v. Escobido, G.R. No. 153788, November 27, 2009
Carandang v. De Guzman, G.R. No. 160347, November 29, 2006

4. Indispensable parties (R3, S7)

Pacana-Contreras v. Rovila Water, G.R. No. 168979, December 2, 2013

Divinagracia v. Parilla, G.R. No. 196750, March 11, 2015, 753 SCRA 87
Enriquez vda. de Santiago v. Vilar, G.R. No. 225309, March 6, 2018

5. Necessary parties (R3, S8)

Seno v. Mangubat, G.R. No. L-44339, December 2, 1987, 156 SCRA 113

6. Quasi parties (R3, S12)/ Class suit

Adm. Matter No. No. 88-1-646: Re Request of the Heirs of the Passengers
of Dona Paz to set aside the Order of Judge B.V. Chingcuangco, promulgated on
March 31, 1988, 159 SCRA 623
Newsweek v. IAC, G.R. No. L-63559 May 30, 1986

7. Rules on parties to the case

a. Permissive joinder of parties (R2, S6)

Pantranco North Express v. Standard Insurance, 453 SCRA 482

b. Effect of non-joinder of necessary parties (R2, S9)

Tan v. Republic, G.R. No. 216756, August 17, 2018

c. Unwilling plaintiffs (R3, S10)

See Resident Marine Mammals of the Protected Seascape Tanon Strait v.
Reyes, G.R. No. 180771, April 21, 2015
 d. Unknown defendant (R3, S14)

e. Entity without juridical personality (R3, S15)

f. Misjoinder and non-joinder of parties (R3, S11)

8. Effect of supervening events

a. Death of a party (R3, S16)

Boston Equity Resources v. CA, G.R. No. 173946, June 19, 2013
Heirs of Paciano Labao v. Vand Der Kolk, G.R. No. 207266, June 25,
2014

b. Separation from office (R2, S17)

c. Incompetence or incapacity (R2, S18)

d. Transfer of interest (R2, S19)

Medrano v. de Vera, G.R. No. 165770, August 9, 2010

9. Indigent parties (R2, S21)

Ayala Land, Inc. v. The Alleged Heirs of the Late Lucas Lactao and
Silvestra Aquino, et al., G.R. No. 208213, August 8, 2018

10. Notice to the OSG (R2, S22)

D. Venue (Rule 4)

See Rule on Venue in A.M. No. 02-11-10-SC: RULE ON DECLARATION OF

ABSOLUTE NULLITY OF VOID MARRIAGES AND ANNULMENT OF
VOIDABLE MARRIAGES (Sec. 4) (DNM), Sec. 2 (c), A.M. No. 02-11-11-SC (Rule on
Legal Separation) and A.M. No. 02-6-02-SC (Rule on Adoption)

1. Venue versus jurisdiction

Radiowealth Finance Co. Inc. v. Nolasco, G.R. No. 227146, November 14, 2016
Latorre v. Latorre, G.R. No. 183926, March 29, 2010, 617 SCRA 88

2. Venue of real actions (R4, S1)

3. Venue of personal actions (R4, S2)

Marcos-Araneta v. Court of Appeals, G.R. No. 154096, August 22, 2008

a. Residence of a juridical entity

Hyatt Elevators and Escalators Corp. v. Goldstar Elevators Phils., 473
SCRA 705
 b. Residence a foreign bank
Philippine Deposit Insurance Corp. v. Citibank, N.A. and Bank of America,
S.T. & N.A., G.R. No. 170290, April 11, 2012, 669 SCRA 191

c. Residence of a sole proprietor

Mangila v. Court of Appeals, G.R. No. 125027, August 12, 2002

d. Venue of actions against non-residents (R4, S3)

Ang v. Ang, G.R. No. 186993, August 22, 2012

4. When the rules on venue do not apply (R4, S4)

Briones v. CA, G.R. No. 204444, January 14, 2015
Ley Construction v. Sedano, G.R. No. 222711, August 23, 2017

a. Effects of stipulations on venue

Union Bank of the Philippines v. Maunlad Homes Inc., G.R. No.
190071, August 15, 2012

b. How to construe venue stipulations

Unimasters Conglomeration Inc. v. CA, G.R. No. 119657,
February 7, 1997

E. Uniformity of Rules (Rule 5)

F. Pleadings (Rule 6, Sec. 1)

Note the amendments in the following sections of Rule 6: Sec. 2; Sec. 5; Sec. 7; Sec. 8; Sec. 10;
Sec. 11

1. Kinds of pleadings (R6, S2)

a. Complaint (R6, S3)

b. Answer (R6, S4)
(i) Negative defenses (R6, S5(a)
(ii) Negative pregnant
(iii) Affirmative defenses (R6, S5(b)
c. Counterclaims (R6, S6)
(i) Compulsory counterclaim (R6, S7)
(ii) Permissive counterclaim
(iii) Effect on the counterclaim when the complaint is dismissed
(R17, S2)

Spouses Mendiola v. Court of Appeals, G.R. No. 159746, July 18, 2012
Bungcayao Sr. v. Fort Ilocandia Property Hldng & Dev Corp., G.R. No. 170483, April 19, 2010
Firaza Sr. v. Ugay, G.R. No. 165838, April 3, 2013