I.

BASIC CONCEPTS
Remedial Law
Remedial Statute
Procedural Law v. Substantive Law
o Bustos v Lucero, October 20, 1948
Retroactive Application of Procedural Law: Fresh-Period Rule
o Neypes Doctrine
o Rodriguez v. People, October 24, 2012
o San Lorenzo Ruiz Builders v. Bayang, April 20, 2015
Power to Promulgate Rules of Procedure
Court v. Judge
Court of Law v. Court of Equity
Different Courts in the Philippine
o Constitutional
o Statutory
o Tribal Courts
Kinds of Actions and their Distinctions
Coverage/Application of Rules of Court and its exemption/suppletory application
Concept of Liberal Construction of the Rules
o Cabrera v. Ng, March 12, 2014
o Negros Slashers, INc., v. Alvarez, et al., February 22, 2012
o Cebu Bionic Builders Supply v. DBP, November 17, 2010
Power of Supreme Court to Suspend its Own Rules: Grounds
o Garcia v. CA, January 28, 2013
Rule Making Power of the Supreme Court
o GSIS v Caballero, October 4, 2010
Power of the Congress to Enact Laws Affecting the Jurisdiction of the Supreme Court
Katarungang Pambarangay Law:
o Purpose
Aquiono v. Laure, February 18, 2008
o Exceptions to Referral to Katarungang Pambarangay Law
Sanbanun v. Go, February 2, 2010
o Effect of Non-Compliance with Katarungan Pambarangay Law
o Effect of Amicable Settlement at the Barangay Level
Miguel v. Montanez, January 25, 2012
o Execution and Repudiation of Amicable Settlement
Vidal et al., v. Escueta, December 10, 2003
o Certificate to File Action

II. SPECIFIC TOPICS

A. Cause of Action
1. Meaning
2. Elements of Cause of Action
3. Cause of Action in Specific case
4. Right of Action vs. Cause of Action
5. Commencement of Action
6. Commencement of Action in relation to Prescriptive Period
7. Failure to state cause of action
8. Test of the sufficiency of a cause of action
9. Splitting a single cause of action and its effects
10. Joinder and Misjoinder of causes of action
11. Remedy in case of Misjoinder of cause of Actions
B. Actions
1. Ordinary civil actions
2. Special civil actions
3. Criminal actions
4. Civil actions vs. Special proceedings
5. Personal actions and real actions
6. Local and transitory actions
7. Actions in rem, personam and quasi in rem
8. Independent civil actions
C. Jurisdiction
1. Classification of Jurisdiction:
i. General
ii. Special Limited
iii. Original Appellate
iv. Exclusive - Concurrent (Subject to Hierarchy) Delegated
v. Territorial
2. Over the parties (Meaning and Significance)
a. How jurisdiction over the plaintiff is acquired
b. How jurisdiction over the defendant is acquired
Rapid City Realty v. Villa, February 11, 2010
c. When jurisdiction over the person of the defendant is required
d. Objections to Jurisdiction over the person of the defendant
Boston Equity Resources v. CA

3. Over the subject matter

a. Meaning of jurisdiction over the subject matter
Ursua v. Republic, January 24, 2012
b. Jurisdiction vs. Exercise of Jurisdiction
c. Error of judgment vs. Error of Jurisdiction
d. How is jurisdiction conferred and determined
Ursua v. Republic, January 24, 2012
City of Dumaguete v. PPA, August 24, 2011
e. Doctrine of Primary Jurisdiction
Province of Aklan v. Jody King Construction, November 27, 2013
f. Doctrine of Adherence to Jurisdiction
Lucia Barrameda v. Rural Bank of Canaman, Inc, November 24, 2010
g. Doctrine of Judicial Stability or Non-Interference
PAFIN v. EJI Yanagisawa
h. Doctrine of Hierarchy of Courts
Dy v. Hon. Palamos, September 11, 2013
i. Objections to Jurisdiction over the Subject matter
Republic v. Batigue Point Development Corp, March 14, 2012
j. Effect of Estoppel on Objections to Jurisdiction
Tijam v.Sibonghanoy
k. Payment of Filing Fee/Docket Fee
Julian v. DPB December 7, 2011
FEDMAN Development Corp v. Agcaoili, August 31, 2011
Sun Insurance v. CA
4. Over the Issues
5. Over the res or the property in litigation
6. Jurisdiction of Courts
a. Supreme Court
b. Court of Appeals
c. Court of Tax Appeals
d. Sandiganbayan
e. Regional Trial Courts
f. Family Courts
g. Metropolitan Trial Courts- Municipal trial Courts
h. Shariah Courts
i. Over Small Claims, Rules on Summary Procedure, Barangay Conciliation
j. Totality Rule

D. Parties to civil action

1. Real parties in interest,

a. Citizen suit in environmental cases
b. Civil Forfeiture
c. Derivative Suit
Contreras v. Rovila Water Supply, December 2, 2013
2. Indispensable parties
Guy v. Guy, September 5, 2012
Arcelona v. CA, June 22, 2011
Go v. Distingction Properties Development, April 25, 2012
3. Representatives as parties,
Ang v. Sps. Ang, August 22, 2012
4. Necessary parties
5. Indigent parties
6. alternative defendants
7. Compulsory and permissive joinder of parties
8. Misjoinder and non joinder of parties
Orpiano v. Sps. Tomas, January 14, 2013
Sps Genato v. Viola, February 5, 2010
9. Class suit
Complexi v. Fil-Estate, march 5, 2012
Newsweek v. IAC, May 30, 1986
10. Suits against entities without juridical personality
11. Effect of death of a party litigant
Napere v. Barbarona, January 31, 2008
12. Transfer of Interest
13. Actions that do/and do not survived
E. Venue
1. Venue vs. Jurisdiction
2. Venue of Real Actions
Copioso v. Copioso [2002]
Ang v. Sps. Ang, August 22, 2012
Emergency Loan pawnshop v. CA, Febraury 28, 2010
3. Venue of Personal Actions
4. Venue of actions against non residents
5. When the rules on venue does not apply
6. Effects of stipulation on venue
F. Pleadings
1. Efficient Use of Paper Rule (A.M. 11-09-04-SC)
2. Kinds of pleadings

a. Complaint
b. Answer
i. Negative defense
ii. Negative pregnant
iii. Affirmative defenses
iv. SLAPP Defense (A.M. 09-06-08-SC)
c. Counterclaims
i. Compulsory counter claim
ii. Permissive counter claim
iii. Effect on the counterclaim when the complaint is dismissed

d. Cross- claims
e. Third (Fourth, etc,) party claims
f. Complaint -in- Intervention
g. Reply
h. Rejoinder
i. Pleadings allowed in Small Claims
j. Pleadings allowed under the Rules on Summary Procedure.
Bungcayao v. Fort Ilocandia, et al., April 19, 2010
Quintanilla v. CA, September 24, 1997
3. Parts of a pleading
a. Caption
b. Signature and address
c. Verification
Martos, et al., v New San Jose Builders, October 24, 2012
Congressman Lucy Torres v. Codilla, Jr., March 20, 2012
d. Certification against forum shopping
Jacinto v. Gumaru, Jr., June 2, 2014
e. Forum Shopping
Jose v. Javellana, January 25, 2012
Mediserv v. CA, April 5, 2010
4. Allegations in a pleading
5. Manner of making allegations
a. Condition precedent
b. Fraud, mistake, malice, intent, knowledge and other condition of mind. Judgment, official
documents or acts.

6. Pleading an actionable document

Ledda v. BPI, November 21, 2012
7. Specific denials
a. Effect of failure to make specific denials
b. When a specific denial requires an oath
Republic v. Conjuanco, et al., April 12, 2011
8. Effect of failure to plead defenses and objections
a. Failure to plead defenses and objections
b. Failure to plead a compulsory counterclaim and cross claim
G. Filing and service of pleadings
1. payment of docket fees
Sun Insurance Corp v. CA
Do-All Metal Industries v. Security Bank, January 10, 2011
Rizal et al., v. naredo et al., March 14, 2012
2. filing vs. service of pleading
3. periods of filing pleadings
4. manner of filing
5. mode of service
a. personal service
b. service by mail
c. substituted service
d. service of judgments, final orders or resolutions
e. priorities in the modes of service and filing
f. when service is deemed complete
g. proof of filing service
H. Summons
1. Nature and Purpose of summons in relation to actions in personam, in rem and quasi in rem
2. Voluntary appearance
3. Substituted service
a. how substituted service is made
b. Manotoc vs. CA
4. Constructive service by publication
a. Service upon a defendant where his identity is unknown or is whereabouts are unknown
b. Service upon residents temporarily outside the Philippines
5. Extra territorial service, when allowed
6. Service upon prisoners and minors

7. Proof of service
8. A.M. No 11-3-6, March 15, 2011
EB Villarosa v. Benito, August 6, 1999
Manotoc v. CA, August 16, 2006
Banco do Brasil v. CA
Gentle Supreme Philippines v. CA, September 1, 2010
Lucas v. Lucas, June 6, 2011
Palma v. Hon. Galvez, March 10, 2010
Atiko Trans Inc., et al., v. Prudential Guarantee and Assurance, August 17, 2011
HB Zachary v. CA, 232 SCRA 329
Optima Realty Corporation v. Hertz Phils Exclusive Cars, January 8, 2013
Planters Development Bank v. Chandumal, Septermber 5, 2012
JAPRL v. Security Bank, June 6, 2011
Go v. Cordero, May 4, 2010
Rapid City Realty v. Villa, et al., February 11, 2010
Lhuillier v. British Airways, March 15, 2010

9. Default
a. when a declaration of default is proper
b. Order of Default
c. Judgment By Default
d. Effect of an order of default
e. Relief from an order of default
f. Effect of partial default
g. Extent of relief
h. Action where default is not allowed
Sablas v. Sablas, July 3, 2007
Magdiwang Realty et al., v. The Manila Banking Corp, September 5, 2012
Lim v. NPC, November 14, 2012
10. Judgment on the pleadings
11. Summary Judgment
Buncayao Sr., v. Fort Illocandia, April 19, 2010
MARINA v. Marc Properties, Feburay 15, 2012
Heirs of Cabigas v. Limbaco, July 27, 2011

CHATO ANCHETA CABIGAS

JAWID LAW
Unit 910 Antel Global Corporate Center

3 Doa Julia Vargas Avenue

Ortigas, CBD,
1605 Pasig City
Mobile No. 0932-8624286