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    Syllabus CP

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    Jayson Francisco
    The document appears to be a syllabus for a Civil Procedure course. It outlines 12 topics that will be covered in the course, including preliminary matters, general provisions, civil actions, complaints and pleadings, jurisdiction, venue, parties to a civil action, causes of action, related topics and jurisprudence, manner of making allegations, amended and supplemental pleadings, and summons. It provides an overview of the key concepts and issues that will be discussed under each topic.

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    Syllabus CP

    Uploaded by

    Jayson Francisco
    34 views5 pages
    The document appears to be a syllabus for a Civil Procedure course. It outlines 12 topics that will be covered in the course, including preliminary matters, general provisions, civil actions, complaints and pleadings, jurisdiction, venue, parties to a civil action, causes of action, related topics and jurisprudence, manner of making allegations, amended and supplemental pleadings, and summons. It provides an overview of the key concepts and issues that will be discussed under each topic.

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    The document appears to be a syllabus for a Civil Procedure course. It outlines 12 topics that will be covered in the course, including preliminary matters, general provisions, civil actions, complaints and pleadings, jurisdiction, venue, parties to a civil action, causes of action, related topics and jurisprudence, manner of making allegations, amended and supplemental pleadings, and summons. It provides an overview of the key concepts and issues that will be discussed under each topic.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    34 views5 pages

    Syllabus CP

    Uploaded by

    Jayson Francisco
    The document appears to be a syllabus for a Civil Procedure course. It outlines 12 topics that will be covered in the course, including preliminary matters, general provisions, civil actions, complaints and pleadings, jurisdiction, venue, parties to a civil action, causes of action, related topics and jurisprudence, manner of making allegations, amended and supplemental pleadings, and summons. It provides an overview of the key concepts and issues that will be discussed under each topic.

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    of 5

    SYLLABUS

    CIVIL PROCEDURE
    SACP S. SALAZAR

    I. PRELIMINARY

    a. constitutional basis
    b. bar matter no. 803
    c. what is procedure?
    d. purpose of procedure
    e. 1997 civil procedure

    II. GENERAL PROVISIONS

    a. applicability
    b. uniform procedures in mtc and rtc
    1. exceptions
    c. rules of court as law
    d. retroactive application
    1. exceptions
    2. Tan, Jr. v. CA, GR No. 136368, January 16, 2002
    e. construction
    1. what is the general course of action?
    Asia United Bank v. Goodland Co.
    2. when is liberal construction proper?
    Rule 1, Sec 6
    Cabrera v Ng, GR No. 201601, March 12, 2014
    Sebastian v Morales, 445 Phil 595, 605
    Sablas v Sablas, 528 SCRA 292
    Saint Louis University v Cobarrubias, GR No. 177425, June 18, 2014

    III. CIVIL ACTIONS

    a. what is a civil action?


    b. forms of civil actios
    1. applicable rules
    2. when rules not applicable?
    c. how commenced?
    1. purpose of this provision

    IV. COMPLAINT & PLEADINGS

    a. what is a complaint?
    b. what is a pleading?
    c. pleadings allowed
    d. effect of pleading
    e. effect of an unsigned pleading
    f. aside from signature of lawyer, what else is required?
    Intestate of Jose Uy v. Atty Pacifico M. Maghari III, AC No. 10525, Sept. 1, 2015
    Republic v Kenrick Development Corp., GR No. 149576, Aug. 8, 2006
    Bar Matter No. 1922, OCA Circular No. 99-2008, OCA Circular No. 79-2014, May 26, 2014
    g. verification and certification against forum shopping
    Bacolor, et al v Makabali Memorial Hospital, Inc., et al, GR No. 204325, April 18, 2016
    Cagayan Valley Drug Corp. V CIR, GR No 151413, Feb. 13, 2008
    Mid-Pasig Land Dev Corp v Tablante, GR No 162924, Feb 4, 2010
    V. JURISDICTION

    a. what is jurisdiction?
    b. aspects of the concept of jurisdiction
    Boston Equity Resources, Inc. v CA, GR No 173946, June 19, 2013
    c. jurisdiction over the subject matter
    Batas Pambansa Blg.129, as amended by RA 7691
    1. Totality Rule
    Pantranco North Express, Inc v Standard Insurance Co, Inc, et al, GR No. 140746, March 16,
    2005
    d. jurisdiction over the parties
    1. additional defendants
    e. general rule
    1. exception
    Tijam v Sibunghanoy, 23 SCRA 29 (estoppel by laches)
    Figueroa v People, GR No 147406, 7-14-2008 (general rule)
    Calimlim v Ramirez, 204 Phil 25; 118 SCRA 399
    Mangalig v Catubig-Pastoral, GR No 143951, 10-25-2005
    Frianela v Banayad, Jr. GR No 169700, 7-30-2009
    Duero v CA, GR No 131282, January 4, 2002
    f. payment of docket fees
    Manchester Dev Corp v CA, GR No L-75919, May 7, 1987
    Sun Insurance Office, LTD v Asuncion, GR Nos 79937-38, Feb 13, 1989
    United Overseas Bank v Ros, et al, GR No. 171532, Aug 7, 2007; 556 Phil 178; Negros Oriental
    Planters Association, Inc v RTC Negros Occidental, GR No 179878, Dec 24, 2008
    g. docket fees for civil damages in criminal actions
    General v Claravall, 195 SCRA 623
    Manuel v Judge Alfeche, Jr., et al, GR No 115683, July 26, 1996
    h. doctrine of primary jurisdiction
    Paloma v Mora, GR no/ 157783, September 23, 2005
    Villaflor v CA, 280 SCRA 297, 327

    VI. VENUE

    a. what is a real action?


    b. what is a personal action?
    c. venue of real and personal actions\
    Latorre v Latorre, 617 SCRA 88
    d. what is an action quasi in rem?
    e. venue of actions quasi in rem
    f. venue of actions for specific performance
    Sps. Saraza v Francisco, GR No. 198718, Nov 27, 2013
    Gochan v Gochan, 372 SCRA 256
    g. recovery of deficiency after EJF
    BPI Family Savings Bank, Inc v Sps Yujuico, GR No 175796, July 22, 2015
    h. exclusive venue
    Briones v CA et al, GR No. 204444, January 14, 2015
    San Miguel Corp v Monasterio, GR No 151037, June 23, 2005
    AM No 99-10-05-0, Aug 7, 2001;
    Sps. Ochoa v China Banking Corp, GR No. 192877, March 23, 2011
    j. dismissal due to improper venue
    1. summary procedure
    2. small claims
    VII. PARTIES TO CIVIL ACTION

    a. plantiff and defendant


    b. what is a counter-claim
    c. kinds of counter-claims
    1. compulsory counter-claim
    a. when allowed?
    2. permissive counter-claim
    3. effect of failure to answer counter-claim
    d. cross-claims
    e. third, etc. – complaint
    f. real party in interest
    1. unknown real party in interest
    2. representativs of real party in interest
    3. spouses as parties
    4. minor and incompetent parties
    5. unwilling plaintiff
    g. indispensable and necessary parties
    h. joinder and misjoinder of parties
    1. effect of non-joinder
    2. effect of misjoinder
    i. class suit
    j. death or separation of a party
    1. duty of counsel
    k. effect of death on contractual money claims
    l. transfer of interest
    m. actions involving validity

    VIII. CAUSES OF ACTION

    a. what is a cause of action?


    b. splitting a single cause of action
    c. joinder and misjoinder of causes of action
    d. requisites of joinder of actions
    e. effects

    IX. RELATED TOPICS AND JURISPRUDENCE

     Rules 1-7
     Bar Matter No. 1132
     Section 139 of the Local Government Code
     AM No 07-6-5-SC

    MEMORIZE

     Rule 1 – Sec 3a, pars 1&2


     Rule 2 – Sections 1, 2, 4, and 5
     Rule 3 – Sections 2 & 8
     Rule 4 – Sections 1 & 2
     Rule 6 – Sections 1 & 3
     Rule 7 – Sections 4 & 5
     Secs 9, 19 & 33 of BP Blg 129, as amended by RA 7691
    BRING EXAMPLES OF:

     Complaint for sum of money


     Verified answer

    X. MANNER OF MAKING ALLEGATIONS

    a. alternative causes of actions or defenses


    b. conditions or precedent
    c. capacity of the parties
    d. general and specific averments
    e. specific denials
    1. effect of failure
    f. type of specific denials
    g. negative pregnant
    h. actionable documents
    1. requisites in denying actionable documents
    2. effect of failure
    Benguet Exploration, Inc v CA, GR No. 117434, February 8, 2001

    XI. AMENDED & SUPPLEMENTAL PLEADINGS

    a. kinds of amendments
    Marcos-Araneta, et al v. CA, GR No. 154096, August 22, 2008
    Alpine Lending Investors v Corpuz, 508 SCRA 45
    b. when made?
    c. how filed?
    d. effects of amendment
    e. amendment during trial stage
    1. General Rule
    2. exception
    PNB v Sps Manalo, GR No 174433, February 24, 2014
    f. difference between amended and supplemental pleadings
    g. effect of supplemental pleading
    Young v. Spouses Sy, 534 Phil 246
    Ada, et al v Baylon, GR No. 182435, August 13, 2012

    XII. SUMMONS

    a. what is summons?
    b. who issues summons?
    c. who serves summons?
    Manalo v Robles Trans Co. Inc., 99 Phil 729
    d. issuance of service of summons after amendment
    Viason Enterprises Corp v CA, 310 SCRA 26
    e. kinds of service of summons
    1. personal service
    Manuel v Ong, GR No. 205249, Oct 15, 2014
    2. substituted service
    Manotoc v CA, GR No 130794, Aug 16, 2006
    Alpine Lending Investors v Corpuz, 508 SCRA 45
    3. extraterritorial service
    f. how is summons served?
    1. domestic private judicial entity
    EB Villlarosa&Partner, Ltd. v Benito, 312 SCRA 65
    Green Star Express, Inc v Nissin Universal Robina Corp, GR No 181517, July 6, 2015
    2. defendant without judicial entity
    3. foreign private juridical entity
    4. public corporation

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