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Civil Procedure Course Outline

This document outlines the course for a Civil Procedure class. It will cover the stages of a civil case from filing the complaint through appeals. The 24 topics that will be discussed include preparation of pleadings, summons and service, dismissal of actions, discovery, trial, judgments, appeals, and provisional remedies. Students will learn how civil procedure applies to disputes and will be expected to understand the application of different procedural stages. Their knowledge will be evaluated through class participation, a midterm exam, and a final exam.

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Enzo Perez
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263 views

Civil Procedure Course Outline

This document outlines the course for a Civil Procedure class. It will cover the stages of a civil case from filing the complaint through appeals. The 24 topics that will be discussed include preparation of pleadings, summons and service, dismissal of actions, discovery, trial, judgments, appeals, and provisional remedies. Students will learn how civil procedure applies to disputes and will be expected to understand the application of different procedural stages. Their knowledge will be evaluated through class participation, a midterm exam, and a final exam.

Uploaded by

Enzo Perez
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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CIVIL PROCEDURE COURSE OUTLINE

Atty. Rosario Olivas-Quinto


1st Semester, 2016-17
This course outline basically follows the stages in the life of a civil action. This will help the
students appreciate the procedure for bringing and defending civil cases. At the end of the
course, students are expected to have acquired sufficient knowledge on the application of
different stages of civil procedure to disputes between private natural or juridical persons. They
are expected to be able to resolve issues on civil procedure.
1. Introduction
a. An overview of civil procedure
b. The place of civil procedure in remedial law
c. Concepts and principles that govern civil procedure
2. Preparation and filing of complaint
a. Cause of action
b. Parties
c. Jurisdiction
d. Venue
e. Parts of complaint; form
f. Manner of making allegations
g. Amended and supplemental pleadings
h. Efficient use of paper rule
i. Filing fees / docket fees
j. Assignment of cases
3. Summons
a. Service upon defendant in person
b. Substituted service
c. Service upon entity without juridical personality

d. Service upon prisoners


e. Service upon minors and incompetents
f. Service upon domestic private juridical entity
g. Service upon foreign private juridical entity
h. Service upon public corporations
i. Service upon an unknown defendant
j. Extraterritorial service
k. Service upon residents temporarily out of the Philippines
l. Voluntary appearance
4. Dismissal of actions
a. At plaintiff's instance or due to plaintiff's fault
i. Notice of dismissal
ii. Motion to dismiss
iii. Dismissal at court's instance or defendant's motion
b. Upon defendant's motion to dismiss
i. Lack of jurisdiction over the person of defendant
ii. Lack of jurisdiction over the subject matter
iii. Improper venue
iv. Plaintiff's lack of legal capacity to sue
v. Pendency of another action - same parties and same cause
vi. Bar by prior judgment or prescription
vii. Failure to state a cause of action
viii. Claim has been paid, waived, abandoned, extinguished
ix. Claim is unenforceable
x. Failure to comply with condition precedent
5. Motions in general; manifestations
a. Notice
b. Hearing

6. Bill of particulars
7. Filing and service of pleadings
8. Defaults and remedies in case of default
9. Answer, counterclaims, cross-claims, other responsive pleadings
a. Manner of making specific denials
b. Allegations not specifically denied are deemed admitted
10. Additional parties
a. Intervention
b. Bringing new parties
11. Judgment on the pleadings
12. Summary judgment
13. Pre-trial proceedings
a. Preliminary conference
b. Referral to Philippine Mediation Center
c. Judicial dispute resolution
d. Pre-trial conference
e. Who initiates pre-trial hearings
f. Pre-trial brief
g. Judicial affidavit
h. Effect of failure to appear at pre-trial; failure to file pre-trial brief
14. Subpoena

15. Modes of discovery


a. Depositions pending action
b. Depositions before action or pending appeal
c. Interrogatories to parties
d. Admission by adverse party
e. Production or inspection of documents or things
f. Physical and mental examination of persons
g. Refusal to comply with modes of discovery
16. Trial
a. Adjournments and postponements
b. Order of trial
c. Consolidation or severance
d. Trial by commissioner
e. Formal offer of evidence
f. Memorandum
17. Judgments, final orders
a. Requisites of valid judgment
b. Entry of judgment
18. New trial or reconsideration
a. Grounds
b. Period for filing
c. Where filed
19. Appeal
a. From Municipal / Metropolitan Trial Court to Regional Trial Court
i. Notice of appeal
b. From Regional Trial Court to Court of Appeals
i. Notice of appeal (RTC original to CA)

ii. Petition for review (RTC appellate jurisdiction to CA)


c. From quasi-judicial agencies to Court of Appeals
i. Petition for review
d. From CA, Sandiganbayan, CTA, RTC to Supreme Court
i. Petition for review on certiorari or appeal by certiorari
20. Execution, satisfaction and effect of judgment
21. Petition for relief
22. Petition for annulment of judgment
23. Provisional remedies
a. Preliminary attachment
b. Preliminary injunction / mandatory injunction
temporary restraining order
c. Receivership
d. Replevin
e. Support pendente lite
24. Special rules
a. Katarungang Pambarangay
b. Small claims
c. Summary procedure
READING ASSIGNMENTS will be given in a separate list.
GRADING SYSTEM
Class participation (recitation, attendance, class work)
Mid-term exam
Final exam

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