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    Remedial Law Review 1 Syllabus 2023

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    This document outlines the syllabus for a Remedial Law Review 1 course. It covers various topics in civil procedure, including jurisdiction of Philippine courts, parties to civil actions, pleadings, motions, discovery methods, judgments, and appeals. The course will examine relevant cases and analyze rules on topics like jurisdiction, causes of action, venue, summons, pre-trial procedures, and post-judgment remedies. The goal is to review general principles of remedial law and help students understand the procedural aspects of civil litigation in the Philippines.

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    Remedial Law Review 1 Syllabus 2023

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    sinodingjr nuska
    159 views4 pages
    This document outlines the syllabus for a Remedial Law Review 1 course. It covers various topics in civil procedure, including jurisdiction of Philippine courts, parties to civil actions, pleadings, motions, discovery methods, judgments, and appeals. The course will examine relevant cases and analyze rules on topics like jurisdiction, causes of action, venue, summons, pre-trial procedures, and post-judgment remedies. The goal is to review general principles of remedial law and help students understand the procedural aspects of civil litigation in the Philippines.

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    This document outlines the syllabus for a Remedial Law Review 1 course. It covers various topics in civil procedure, including jurisdiction of Philippine courts, parties to civil actions, pleadings, motions, discovery methods, judgments, and appeals. The course will examine relevant cases and analyze rules on topics like jurisdiction, causes of action, venue, summons, pre-trial procedures, and post-judgment remedies. The goal is to review general principles of remedial law and help students understand the procedural aspects of civil litigation in the Philippines.

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    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    159 views4 pages

    Remedial Law Review 1 Syllabus 2023

    Uploaded by

    sinodingjr nuska
    This document outlines the syllabus for a Remedial Law Review 1 course. It covers various topics in civil procedure, including jurisdiction of Philippine courts, parties to civil actions, pleadings, motions, discovery methods, judgments, and appeals. The course will examine relevant cases and analyze rules on topics like jurisdiction, causes of action, venue, summons, pre-trial procedures, and post-judgment remedies. The goal is to review general principles of remedial law and help students understand the procedural aspects of civil litigation in the Philippines.

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    SUBJECT SYLLABUS

    Remedial Law Review 1 (Saturday, 1:00 – 4:00PM)


    Philippine Law School
    Atty. Che Mayo M. Guevara

    I. General Principles
    A. Substantive Law vs. Remedial Law
    B. Rule-Making Power of the Supreme Court
    C. Principle of Judicial Hierarchy
    D. Doctrine of Non-Interference/Judicial Stability

    II. Jurisdiction
    A. Classification of Jurisdiction
    1. Original vs. Appellate
    2. General vs. Special
    3. Exclusive vs. Concurrent
    B. Doctrines of Hierarchy of Courts and Adherence of Jurisdiction
    C. Jurisdiction of Various Philippine Courts and Tribunals
    1. Supreme Court
    2. Court of Appeals
    3. Court of Tax Appeals
    4. Sandiganbayan
    5. Regional Trial Courts
    6. Family Courts
    7. Metropolitan Trial Courts, Municipal Trial Courts, Municipal Trial Courts in cities, and
    Municipal Circuit Trial Courts (Republic Act No. (RA) 11576, An Act Further Expanding the
    Jurisdiction of First-Level Courts)
    D. Aspects of Jurisdiction
    1. Jurisdiction Over the Subject Matter
    2. Jurisdiction Over the Parties
    3. Jurisdiction Over the Issues
    4. Jurisdiction Over the Res or the Property in Litigation
    E. Jurisdiction vs. Exercise of Jurisdiction
    F. Jurisdiction vs. Venue
    G. Jurisdiction Over Cases Covered by Barangay Conciliation, and Cases Covered by the Rules
    on Expedited Procedures in the First Level Courts (Administrative Matter (A.M.) No. 08-8-7-SC, as
    amended, approved on March 1, 2022)
    Cases:
    1.Malabanan v. Republic, G.R. No.201821, September 19, 2018;
    2.Sanchez v. Vda. De Aguilar, G.R.No. 228680, September 17, 2018;
    3.Fabillar v. Paller. G.R.No. 231459, January 21, 2019;
    4.Davao ACF Bus Lines, Inc. v Ang, G.R.No.218516, March 27, 2019;
    5.Dr. Fe Lasam v. PNB, G.R. No. 207433, December 5, 2018;
    6.MWSS Vs. LGU Of Quezon City, G.R. No. 194388, November 07, 2018;
    7.Heirs of Ramiro vs. Sps. Bacaron, G.R. No. 196874, February 06, 2019;
    8.VMC Employees Union vs. Victoria Manufacturing Corp, G.R. No. 234446, July 24, 2019;
    9.Sante vs. Hon. Claravall, G.R. No. 173915, February 22, 2010;
    10.Brgy. San Roque vs. Heirs of Pastor, G.R. No. 138896, June 20, 2000;
    11.Barido vs. Nonato, G.R. No. 176492, October 20, 2014; and
    12.Gonzales vs. GJH Land, G.R. No. 202664, November 20, 2015.

    III. Civil Procedure (A.M. No. 19-10-20-SC)


    A. General Provisions (Rule 1)
    B. Kinds of Action
    1. In Rem
    2. In Personam
    3. Quasi In Rem
    C. Cause of Action (Rule 2)
    Cases:
    1.Macaslang vs Zamora, G.R. No. 156375, May 30, 2011;
    2.Swagman Hotels vs CA G.R. No. 161135, April 8, 2005
    3. Ada vs Baylon, G.R. No. 182435, August 13, 2012
    4.Lavaje Enterprises, Inc. v. Sps. Apilis-Javellana, G.R. No. 223785, November 7, 2018
    5.Central Visayas Finance Corporation v. Sps. Adlawan, G.R. No. 212674, March 25, 2019
    6.Tumagan, Halil, and Padilla v. Kairuz, G.R. No. 198124; September 12, 2018
    7.PNCC vs Superlines, GR 216569. June 3, 2019
    8.BF Citiland Corp. vs. Bangko Sentral ng Pilipinas, G.R. No. 224912, October 19, 2019

    D. Parties to Civil Actions (Rule 3)


    Cases:
    1. Alon vs Realon, G.R. No. 159156, January 31, 2005;
    2. Domingo vs Carague, G.R. No. 161065, April 15, 2005;
    3. Banda vs Ermita, G.R. No. 166620, April 20, 2010;
    4. Navarro vs Escobido, G.R. No. 153788, November 27, 2009;
    5. Bacalso vs Padigos, G.R. No. 173192, April 14, 2008;
    6. Spouses Crisologo vs JEWM Agro- Industrial Corporation, G.R. No. 196894, March 3, 2014;
    7. Resident Marine Mammals vs Sec. Reyes, G.R. No. 180771, April 21, 2015;

    E. Venue (Rule 4)
    Cases:
    1. BPI Family Saving Bank Inc. vs Sps. Yujuico, G.R. No. 175796, July 22, 2015;
    2. Radiowealth Finance Co., Inc. v. Pineda, Jr., G.R. No. 227147, July 30, 2018;

    F. Pleadings
    1. Kinds (Rule 6)
    2. Parts of a Pleading (Rule 7)
    Cases
    1. Traveño Vs Bobongan, G.R. No. 164205, September 3, 2009

    3. Manner of Making Allegations (Rule 8)


    a) In General
    b) Action or Defense Based on Document
    c) Specific Denial
    d) Affirmative Defenses
    Cases:
    1. Francisco Delgado v. GQ Realty Development Corp., et. al, G.R. No. 241774, September 25, 2019

    4. Effect of Failure to Plead (Rule 9)


    5. Amended and Supplemental Pleadings (Rule 10)
    Cases:
    1. PPA vs William Gothong & Aboitiz (WG&A), G.R. No. 158401, January 28, 2008;
    2. Swagman vs CA, G.R. No. 161135, April 8, 2005

    6. When to File Responsive Pleadings (Rule 11)

    G. Filing and Service (Rule 13)


    1. Rules on Payment of Docket Fees; Effect of Non-Payment
    2. Efficient Use of Paper Rule; E-filing as revised and approved on February 22, 2022)
    Cases:
    1. Villalongha vs. Court of Appeals, G.R. No. 227222; August 20, 2019;
    2. Philippine Savings Bank vs Papa G.R. No., 200469 January 15, 2018

    H. Summons (Rule 14)


    1. Nature and Purpose of Summons in Relation to Actions In Personam, In Rem, and Quasi
    In Rem
    2. Who May Serve Summons
    3. Validity of Summons and Issuance of Alias Summons
    4. Personal Service
    5. Substituted Service
    6. Constructive Service
    7. Extraterritorial Service
    8. Proof of Service
    Cases:
    1. UCPB vs. Spouses Ang Sy, G.R. No. 204753, March 27, 2019;
    2. People’s General Insurance Corp. vs. Guanzing and Lizaso, G.R. No. 204759; November 14, 2018;
    3. Heirs of Francisco vs. Court of Appeals, G.R. No. 215599; November 28, 2018;
    4. Frias vs. Alcayde, G.R. No. 194262, February 28, 2018
    5. Interlink Movie Houses, Inc. v. Court of Appeals, G.R. No. 203298, January 17, 2018;
    6. Arrieta vs. Arrieta, G.R. No. 234808, November 19, 2018

    I. Motions (Rule 15)


    1. In General
    2. Non-litigious Motions
    3. Litigious Motions
    4. Prohibited Motions
    5. Motion for Bill of Particulars (Rule 12)
    Cases:
    1. Heirs of Francisco vs. Court of Appeals, G.R. No. 215599; November 28, 2018;
    2. Zosa vs. Consilium Inc., G.R. No. 196765; September 19, 2018;
    3. B.E. San Diego, Inc. v. Bernardo, GR. No. 233135, December 05, 2018;
    4. Casa Milan Homeowners Association, Inc. vs. The Roman Catholic Archbishop of Manila and Register
    of Deeds of Quezon City, GR. No. 220042, September 05, 2018
    5. FASAP v. PAL, G.R. No. 178083, 13 March 2018

    J. Dismissal of Actions (Rule 17)


    1. With Prejudice vs. Without Prejudice
    2. Dismissals Which Have an Effect of an Adjudication on the Merits
    Cases:
    1. Shimizu Vs Magsalin (and FGU Insurance Corp);
    2. Ng Ching Ting vs. Philippine Business Bank, Inc., GR. No. 224972, July 9, 2019)

    K. Pre-Trial (Rule 18)


    1. Nature and Purpose
    2. Appearance of Parties; Effects of Failure to Appear
    3. Pre-Trial Brief; Effect of Failure to File
    Cases:
    1. Soliman vs Fernandez, G.R. No. 176652, June 4, 2014
    2. Pimentel vs. Adiao, GR. No. 222678, October 17, 2018;

    L. Intervention (Rule 19)


    M. Subpoena (Rule 21)
    N. Computation of Time (Rule 22)
    O. Modes of Discovery
    1. Depositions (Rules 23 and 24, See People v. Sergio, G.R. No. 240053, October 9, 2019)
    2. Interrogatories to Parties (Rule 25)
    3. Admission by Adverse Party (Rule 26)
    4. Production or Inspection of Documents or Things (Rule 27)
    5. Physical and Mental Examination of Persons (Rule 28)
    6. Refusal to Comply with Modes of Discovery (Rule 29)
    Cases:
    1. Martires v. Heirs of Avelina Somera, G.R. No. 210789, December 03, 2018;
    2. People vs. Sergio, G.R. No. 240053. October 9, 2019

    P. Trial (Rule 30)


    1. Schedule of Trial
    2. Adjournments and Postponements
    3. Requisites of Motion to Postpone Trial for Illness of Party or Counsel
    Q. Consolidation or Severance (Rule 31)
    R. Demurrer to Evidence (Rule 33)
    1. Grounds
    2. Effect of Order Denying Demurrer to Evidence
    Cases:
    1. Go-Yu v. Yu, G.R. No. 230443, April 3, 2019;
    2. BDO Unibank vs. Choa, G.R. No. 237533, July 10, 2019

    S. Judgments and Final Orders


    1. Judgments on the Pleadings (Rule 34)
    a) Grounds
    b) Action on Motion for Judgment on the Pleadings
    2. Summary Judgments (Rule 35)
    a) Effect of Order Denying a Motion for Summary Judgment
    3. Rendition and Entry of Judgments and Final Orders (Rule 36)
    Cases:
    1. Globe Asiatique v. Union Bank, G.R. No. 229339, July 29, 2019
    2. TIDCP v. Philippine Veterans Bank, G.R. No. 233850, July 1, 2019

    T. Post-Judgment Remedies
    1. Motion for New Trial or Reconsideration (Rule 37)
    a) Remedy Against Denial
    b) Fresh-Period Rule
    2. Appeals
    a) Nature of Right to Appeal
    b) Judgments and Final Orders Subject to Appeal
    c) Matters Not Appealable; Available Remedies
    d) Doctrine of Finality/Immutability of Judgment
    e) Modes of Appeal (Period, Perfection, Issues to be Raised)
    (1) Appeal from Municipal Trial Courts to Regional Trial Courts (Rule 40)
    (2) Appeal from the Regional Trial Courts (Rule 41)
    (3) Petition for Review form the Regional Trial Court to the Court of Appeals
    (Rule 42)
    (4) Appeals from the Court of Tax Appeals, Civil Service Commission, and
    Quasi-Judicial Agencies (Rule 43)
    (5) Appeals by Certiorari to the Supreme Court (Rule 45)
    (6) Review of Judgments or Final Orders of the Commission on Audit and
    Commission on Elections (Rule 64)
    (7) Dismissal, Reinstatement, and Withdrawal of Appeal
    3. Petition for Relief from Judgment (Rule 38)
    4. Annulment of Judgment (Rule 47)
    5. Collateral Attack on Judgments
    Cases:
    1. Lasam v. PNB, G.R. No. 207433, December 5, 2018;
    2. Orlina v Ventura G.R. No. 227033, December 03, 2018;
    3. Adoption of Karen Herico Licerio, G.R. No. 208005, November 21, 2018;
    4. RCBC vs. F. Franco Transport, Inc., G.R. No. 191202. November 21, 2018)
    5. Tortal vs. Taniguch, G.R. No. 212683, November 12, 2018;
    6. Pfleider v. Court of Appeals, GR No. 196058, November 12, 2018
    7. Cagang v. Sandiganbayan, G.R. Nos. 206438 and 206458, 210141-42, July 31, 2018)
    8. Leonora Rivera-Avante v. Milagro Rivera, et al., G.R. No. 244137, April 3, 2019).
    9. Association of Nonprofit Clubs, Inc. (ANPC) v. BIR, G.R. No.228539, June 26, 2019;
    10. Bernardo vs. Soriano G.R. No., 200104 June 19, 2019
    11. Heirs of Cullado vs. Gutierrez, G.R. No. 212938, July 30, 2019
    12. Central Visayas Finance Corporation v. Spouses Adlawan, G.R. No. 212674, March 25, 2019
    13. Dep Ed vs. Rizal Teachers Kilusang Bayan for Credit, Inc., G.R. No. 202097, July 03, 2019
    14. Zabal vs. Duterte, G.R. No. 238467, February 12, 2019

    U. Execution, Satisfaction, and Effect of Judgments (Rule 39)


    Cases:
    1. Diamond Drilling Corp. v. Cresent Mining, G.R. No. 207360, April 10, 2019;
    2. Bayani vs. Yu G.R. No. 203076-77, July 10, 2019;
    3. Maravilla v. Bugarin, G.R. No. 226199 and 227242-54, October 1, 2018

    IV. Provisional Remedies


    A. Nature, Purpose, and Jurisdiction Over Provisional Remedies
    B. Preliminary Attachment (Rule 57)
    C. Preliminary Injunction (Rule 58)
    D. Receivership (Rule 59)
    E. Replevin (Rule 60)

    Grading System:

    Midterm Exam : 40%


    Final Exam : 30%
    Recitation/Attendance : 20%
    Case Digests : 10%
    Total : 100%

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