Welcome to my blog where you can read my VIRTUAL TEXTBOOK ON PHILIPPINE CIVIL PROCEDURE (2025 Edition). This is a work in progress since I will continue to update this as we go along.
It is best that you study this alongside my video lectures on Easy Law Online on YouTube. You can access my channel through this link YouTube.com/@easylawonline .
I pray for your success in your law studies and in the bar exams. Remember, the law profession is a calling. It's not for everyone, and if you know you have been called, you must "do justice, love kindness, and walk humbly with God." Micah 6:8
A. Overview of civil procedure
B. Preliminary matters
- Concept of remedial law
- Nature of remedial law
- Substantive and remedial law
- Retroactive and prospective application of the Rules of Court
- Liberal construction: general rule and exceptions
- Rule-making power of the Supreme Court
- Philippine courts
- Doctrines, principles, definitions
- Judicial hierarchy: general rule and exceptions
- Non-interference; judicial stability
- Jurisdiction in general
- Estoppel and objections to jurisdiction
- Exercise of jurisdiction
- Jurisdiction vs. Exercise of jurisdiction
- Primary jurisdiction and Exhaustion of administrative remedies
- Error of jurisdiction vs. Error of judgment
- Jurisdiction versus venue
- Continuity of jurisdiction and Adherence of jurisdiction
- Ancillary jurisdiction
- Aspects of jurisdiction
- Over the subject matter
- Effect of lack of jurisdiction; duty of court to dismiss
- Objections based on lack of jurisdiction over the subject matter
- Jurisdiction over the parties vs. Jurisdiction over the Res (Note that this part also discusses the topics below: jurisdiction over the parties, and jurisdiction over the res or property in litigation.
- Over the parties
- Jurisdiction over the plaintiff; how acquired
- Jurisdiction over the defendant; how acquired
- Over the res or property in litigation
- How acquired
- Extent of relief
- Over the issues (Note that this post explains the difference between issues of law and issues of fact
- Subject matter jurisdiction of Philippine courts in civil cases
- Supreme Court
- Court of Appeals
- Court of Tax Appeals
- Sandiganbayan
- Regional Trial Courts
- For purposes of determining RTC or MTC jurisdiction, how do we know if a case is incapable of pecuniary estimation?
- Family Court
- Metropolitan Trial Courts, Municipal Trial Courts, Municipal Circuit Trial Courts
- Regular cases
- Small claims
- Cases covered by the rules on summary procedure
- Barangay conciliation
PART II - STAGES OF AN ORDINARY CIVIL ACTION: PROCEDURE, DEFINITIONS, PRINCIPLES, JURISPRUDENCE, SIGNIFICANCE
- Importance of cause of action in pleadings
- Overview of Pleadings
- Complaint
- Answer
- Counterclaim
- Cross-claim
- Third party, fourth party etc. complaint
- Reply
- Complaint: importance, parts, verification, certification of non-forum shopping
- Title
- Jurisdiction
- Court
- Venue
- Local
- Transitory
- By stipulation
- Parties
- Real party in interest
- Indispensable
- Necessary
- Alternative
- Representative
- Body
- Statement of the names and circumstances of the parties
- Statement of the facts constituting the cause of action
- Legal basis
- Factual basis (Evidence)Witnesses
- Documentary evidence
- Real evidence
- Attachments
- Prayer
- Place, date, signature of the lawyer
- Significance of the lawyer's signature
- Verification by party
- Certification of non-forum shopping by party
- Attachments / annexes
- Service of summons
- Definition and purpose of summons
- Significance in in rem, in personam, quasi in rem proceedings
- How served
- In person
- Substituted
- Publication
- Extraterritorial service
- Who serves
- Process server or sheriff
- Lawyer deputized by the court
- Answer
- When filed (Periods for filing)30 days; 60 days
- Parts of an Answer
- Title - jurisdiction, venue, parties
- Body
- Admissions
- Specific Denials / Negative Defenses
- Affirmative Defenses
- Counterclaim
- Cross-claim
- Legal basis
- Evidentiary (factual) basis
- Witnesses
- Documentary
- Real evidence
- Prayer
- Place, date, signature of counsel
- Verification by party
- Certification against non-forum shopping by party
- Attachments / annexes
- Before the Defendant files an Answer, what can the Defendant file?
- Motion for extension of time to file Answer
- Motion for bill of particulars filed by the Defendant
- Bill of particulars filed by the Plaintiff (followed by an Answer filed by the Defendant)
- Motion to dismiss filed by the Defendant on limited grounds (4 grounds)
- Before the Defendant files an Answer, what can the Plaintiff file?
- Formal amendment of the Complaint
- Substantive amendment of the Complaint
- Notice to dismiss the Complaint
- Motion to dismiss the Complaint
- When an Answer is not filed by the Defendant despite proper service of summons, what can the Plaintiff do?
- Motion to declare Defendant in default (filed by Plaintiff)Grounds
- When to file
- Effect if the motion to declare in default is granted by Court, as a result of which the Court issues an Order of default
- Remedies available to the defendant when the Order of default has been issued by the Court
- Difference between an Order of default and a judgment by default
- Remedies of the Defendant when there is already a judgment by default
- Effect of partial default (among several defendants, some answer, some are in default)
- When the Defendant wants to bring in other parties to the case, what can he file?`
- Third party, fourth party, etc. complaint
- These parties will also have the opportunity to file their Answers
- What the parties can file during the pendency of a case?
- Motions, manifestations, and other submissions
- Rules on service and filing
- Compromise agreement subject to the court's approval through a judgment upon compromise
- After the Defendant files an Answer, what happens next?
- What Plaintiff can file
- motion to amend complaint but only formal amendments are allowed
- no need for a new service of summons
- effect on old complaint
- need for defendant to answer?
- supplemental complaint
- no need for new service of summons
- defendant needs to answer
- effect on old complaint
- Pre-trial
- Pre-trial proper, mediation, judicial dispute resolution
- Purpose of pre-trial
- Presence of the parties and counsel
- Effect of absence of party/counsel
- Filing of pre-trial briefs
- Effect of failure to file pre-trial briefs, or failure to file on time
- Plaintiff can file a motion for judgment on the pleadings
- Purpose of motion for judgment on the pleadings
- Result of judgment on the pleadings - If judgment is issued, trial of the case will no longer be held. There can also be a partial judgment on the pleadings, in which case, there will be a trial on the issues not disposed of at this point.
- Either Plaintiff or Defendant can file a motion for summary judgment
- Purpose of motion for summary judgment
- Distinguish from judgment on the pleadings
- Trial
- After pre-trial, and there are still disputed matters to be resolved, trial will be conducted
- Plaintiff presents evidence first
- Plaintiff rests his case
- Defendant may file a demurrer to the evidence if, based on his assessment, Plaintiff was not able to establish his claim despite the evidence he presented.
- If granted, the case will be dismissed, though Plaintiff may file an Appeal.
- Defendant presents evidence
- Judgment
- Judgment in general
- Promulgation
- Entry / finality
- Judgment after pre-trial
- Judgment by agreement
- Judgment upon compromise
- Judgment on the pleadings
- Summary judgment
- Post-judgment remedies
- Within the 15-day period to appeal
- Motion for reconsideration (Rule 37)
- Motion for new trial (Rule 37)
- Notice of Appeal (Rule 44)
- Petition for review (Rule 43)
- Petition for review on certiorari a.k.a. appeal by certiorari (Rule 45)
- After the 15-day period to appeal
- Petition for relief from judgment (Rule 38)
- Action to annul (Rule 47)
- Several defendants; effect of appeal by some
- Finality and execution of judgment
- Entry of judgment
- Nunc pro tunc judgments
- Execution
- Order and writ of execution
- By motion
- By new action
- Properties exempt from execution
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