Welcome to my blog where you can read my VIRTUAL TEXTBOOK ON PHILIPPINE CIVIL PROCEDURE (2024Edition). This is a work in progress since I will continue to update this as we go along.
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 but 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
- 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
- Source
- Limitations
- Power to amend and suspend procedural rules
- Actions
- Ordinary Civil Actions
- Importance of cause of action in ordinary civil actions
- Special Civil Action
- Special Proceedings
- Criminal Actions
- Actions or proceedings covered and not covered by the Rules of Court
- Philippine courts
- Meaning of a court; distinguish between court and judge
- Classification of Philippine courts
- Original and appellate
- General and special
- Constitutional and statutory
- Exclusive and concurrent
- Courts of law and equity
- 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
- How conferred
- How determined
- Effect of lack of jurisdiction; duty of court to dismiss
- Objections based on lack of jurisdiction over subject matter
- Jurisdiction over the parties vs. Jurisdiction over the Res
- Over the parties
- Jurisdiction over the plaintiff; how acquired
- Jurisdiction over the defendant; how acquired
- Over the issues
- Issue of law
- Issue of fact
- Over the res or property in litigation
- How acquired
- Extent of relief
- 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 CourtsRegular 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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