Syllabus For Civil Procedure (Introduction)
Syllabus For Civil Procedure (Introduction)
I. General Principles
A. Remedial Law
1. History
2. Scope – laws and rules covered by the subject
Remedial Law
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.
Pinga v. Heirs of German Santiago, G.R. No. 170354, June 30, 2006,
494 SCRA 393
3. Power to suspend procedural rules
In Re: Petition for Recognition of the Exemption of the GSIS from
Payment of Legal Fees, A.M. No. 08-2-01-0, February 11, 2010
CMTC International Marketing Corp. v. Bhagis International Trading
Corp., G.R. No. 170488, December 10, 2012
McBurnie v. Ganzon, G.R. No. 178034, October 17, 2013
4. Retroactivity of procedural rules
Article 4, Civil Code
6. Classes of Jurisdiction
a. Concepts
(i) General
(ii) Special or Limited
(iii) Original
(iv) Appellate
(v) Exclusive
(vi) Concurrence/confluent/coordinate
Puse v. Santos-Puse, G.R. No. 183678, March 15, 2010
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
h. Principle of judicial hierarchy
Castro v. Carlos, G.R. No. 194994, April 16, 2013
Dy v. Bibat-Palamos, G.R. No. 196200, September 11, 2013
Querubin v. Comelec, G.R. No. 218787, December 8, 2015
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i. Doctrine of non-interference or doctrine of judicial stability
(i) Doctrine of Judicial Stability
Yadno v. Anchales, G.R. No. 174582, October 11, 2012
Tan v. Cinco, G.R. No. 213054, June 15, 2016
del Rosario v. Ocampo-Ferrer, G.R. No. 215348, June 20,
2016
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; how it is determined
5. Doctrine of primary jurisdiction
The Province of Aklan v. Jody King Construction and Development
Corp., G.R. No. 197592, November 27, 2013
Star Special Watchman v. Puerto Princesa City, G.R. No. 181792, April
21, 2014
Heirs of Mateo Pidacan v. Air Transportation Office, G.R. No. 186192,
August 25, 2010
6. Doctrine of adherence of jurisdiction
7. The facts alleged in the complaint and the law in force at the time
of commencement of action determine the jurisdiction
8. Objections to jurisdiction over the subject matter
9. Effect of estoppel on objections to jurisdiction
B. Jurisdiction over the parties
1. How jurisdiction over the parties is acquired
2. Jurisdiction over the subject matter
3. Distinguish jurisdiction over subject matter from jurisdiction over
person of the defendant
C. Jurisdiction of Courts
1. Supreme Court
a. Sec. 1, Art. VIII, 1987 Constitution
b. Internal Rules of the Supreme Court
Rule 2, Sec. 3; Sec. 11; Sec. 14
Rule 3, Sec. 1; Sec. 2; Sec. 3; Sec. 4
Rule 4, Sec. 1; Sec. 3
Rule 7, Sec. 1
Rule 9, Sec. 5
Rule 10, Sec. 2
Rule 13, Sec. 5; Sec. 6
Rule 15, Sec. 2; Sec. 3
Can the Supreme Court be a party to a case?
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Can you appeal from a decision of a division of the SC to the
SC en banc?
2. Court of Appeals
a. Sec. 9 of BP 129, as amended by Rep. Act No.
8246
b. 2009 Internal Rules of the Court of Appeals
Rule I, Sec. 1; Sec. 2; Sec. 3; Sec. 4; Sec. 5
Re: Letter complaint of Merlita B. Fabiana against
Presiding Justice Andres B. Reyes, Jr., et al., A.M.
No. CA-13-15-J, July 2, 2013
c. RA 9160 (Anti-Money Laundering Act) as
amended by RA 9160; RA 9194, RA 10167 and
RA 10365: Sec. 5, Sec. 10 and Sec. 11
3. Court of Tax Appeals
a. Rep. No. 9503
b. Rep. Act No. 9282 amending RA 1125
c. CTA Rules of Procedure
Rule 2, Sec. 1; Sec. 2; Sec. 3
Rule 4
Rule 7
Rule 8
City of Manila v. Judge Cuerdo, G.R. No. 175723,
February 4, 2014; concept of split jurisdiction
CE Casecnan Water and Energy Co. Inc. v. The Province of
Nueva Ecija, G.R. No. 196278, June 17, 2015
Napocor v. Municipal Government of Navotas, 748 SCRA
473
Salva v. Magpile, G.R. No. 220440, November 8, 2017
4. Sandiganbayan
a. Rep. Act No. 8249 as amended by RA 10660
b. Revised Internal Rules of the Sandiganbayan
5. Regional Trial Courts
a. Sec. 20 of BP 129 as amended by Rep. Act No.
7691
b. Other laws which specifically lodge jurisdiction
in the RTC:
(i) Special Agrarian Courts under Sec. 56 of RA 6657, as
amended
c. Sec. 21 of BP 129 as amended
d. Sec. 20 of BP 129, as amended (appellate jurisdiction over all
cases decided by the MTCs in their respective territorial
jurisdiction
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e. In areas where there are no family courts, the cases falling
under the jurisdiction of family courts shall be adjudicated
by the RTC
f. Sec. 23 of BP 129, as amended (Special jurisdiction to try
special cases). Examples: Article XI, Sec. 90 of RA 9165; Sec.
56 of RA 6657, as amended by RA 9700
g. Sec. 24 of BP 129, as amended (Special Rules of Procedure)
RTC or MTC
Geonzon vda. De Barrera v. Heirs of Vicente Legaspi, G.R. No. 174346,
September 12, 2008, 565 SCRA 192
Genesis Investment Inc. v. Heirs of Celerino Ebarasabal, G.R. No.
181622, November 20, 2013
RTC or HLURB
Eugenio v. Sta. Monica Riverside Homeowners Association, G.R. No.
187751, November 22, 2010
Christian General Assembly v. Ignacio, G.R. No. 164789, August 27,
2009
Banco de Oro Unibank, Inc. Sunnyside Heights Homeowners
Association, Inc., G.R. No. 198745, January 13, 2016
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Medical Plaza Makati Condominium Corp. v. Cullen, G.R. No. 181416,
November 11, 2013
Calleja v. Panday, G.R. No. 168696, February 28, 2006, 483 SCRA 680
Gonzales v. GJH Land, Inc., G.R. No. 202664, November 10, 2015
Concorde Condominium Inc. v. Baculio, G.R. No. 203678, February 17,
2016
INSURANCE COMMISSION
PD 612 as amended by RA 10607, Sec. 439
6. Family Courts
a. Rep. Act No. 8369 (Family Courts Act of 1997)
b. RA 9344 as amended by RA 10630, Sec. 6
c. Rep. Act No. 7610, as amended by Rep. Act No. 7658
d. Rep. Act No. 9262
8. Shariah courts
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PD 1083
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End of Introduction