COURSE OUTLINE IN REMEDIAL LAW 1

Course Outline by Judge Gener M. Gito LL.M.D.C.L.

Compilation of Cases of Associate Justice Marvic Leonen

TABLE OF CONTENTS

PAGE
PART 1 – CIVIL PROCEDURE

I. GENERAL PRINCIPLES
A. Concept of Remedial or Procedural Law
B. Nature of remedial law
C. Substantive law vis-à-vis remedial law
D. Procedural laws applicable to actions pending at the time of the
promulgation
E. Liberal construction of procedural rules
F. Rule-making power of the Supreme Court
G. Nature of Philippine Courts
1. Classification of Philippine Courts
2. Principle of judicial Hierarchy
 Diocese of Bacolod vs COMELEC, G.R. No. 205728, January 1
21, 2015
 Dynamic Builders vs Presbitero G.R. No. 174202, April 07, 6
2015,
 Crisanto Aala vs Uy G.R. No. 292781, January 10, 2017 10
 Chiquita Brands vs Omelio G.R. No. 189102, June 07, 2017 13
 ARARO Party-List vs COMELEC G.R. No 192803, December 16
10, 2013
3. Transcendental importance
4. Doctrine of non-interference or judicial stability
5. Doctrine of Primary jurisdiction
6. Doctrine of adherence of jurisdiction/continuing jurisdiction
II. JURISDICTION
A. Over the parties
1. How jurisdiction over the plaintiff is acquired
 International Container Terminal Services vs City of Manila, 20
G.R. No. 185622, October 17, 2018
 First Sarmiento Holdings vs Philippine Bank of Communications 23
G.R. No. 292836, June 19, 2018
2. How jurisdiction over the defendant is acquired
 Saudi Arabia Airlines vs Rebesencio, et.al G.R. No. 198587, 26
 January 14, 2015
 People’s General Insuranc wCorp. Vs Guansing G.R. No. 28
204759, November 14, 2018
 Amoguis vs Ballado G.R. No. 189626, August 20, 2018 31
 Philippine National Construction Corporation vs Asiavest 35
Merchant Bankers G.R. No. 172301, August 19, 2015
B. Over the subject matter
1. How jurisdiction is conferred and determined
2. Objections to jurisdiction over the subject matter
3. Effect of estoppel on objections to jurisdiction
4. Error of jurisdiction as distinguished from error of judgment
C. Over the issues
D. Over the res or property in litigation
E. Jurisdiction of Courts
1. Supreme Court
2. Court of Appeals
3. Sandiganbayan
4. Regional Trial Courts
5. Metropolitan Trial Courts, Municipal Trial Courts,
Municipal Trial Courts in Cities, Municipal Circuit Trial
Court
6. Shari’a Court
F. Jurisdiction over Small Claims
G. Rule on Summary Perocedure
H. Barangay conciliation
I. Totality rule

III. CIVIL PROCEDURE

 Carlos Reyes vs Office of the Ombudsman, G.R. No. 223405, 38
December 13, 2017
A. Kinds of 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, in personam and quasi in rem
8. Independent civil action
B. Cause of action
1. Meaning of cause of action
2. Elements of cause of action
 Manila Electric Company vs Nordec Philippines G.R. No. 40
196029, April 18, 2018
 BSP vs Sps. Ledesma G.R. No. 211176, February 06, 2019 43
3. Right of action versus cause of action
 4. Failure to state a cause of action
5. Test of sufficiency of a cause of action
6. Splitting a single cause of action and its effects
 Lanuza vs BF Corporation G.R. No. 174938, October 01, 45
2014
7. Joinder and misjoinder of causes of action
C. Parties to civil actions
1. Real party-in-interest
 Stanley Fine Furniture vs Gallano, G.R. No.190486, 48
Ni0vember 26, 2014
 Caravan Travel and Tours, G.R. No. 170631 February 50
10, 2016
 NPC vs Province of Bataan G.R. No. 180654, March 6, 52
2017
2. Indispensable party
 Florete Jr. vs Florete, G.R. No. 174909 January 20, 2016 54
3. Representative as parties
4. Necessary party
5. Indigent party
6. Alternative defendants
7. Substitution of Parties
 Piedad vs Bobilles G.R. No. 208614 November 27, 2017 57
8. Compulsory and permissive joinder of parties
9. Misjoinder and non-joinder of parties
10. Class suit
11. Suits against entities without juridical personality
12. Effect of death of party-litigant
D. Venue
1. Venue versus jurisdiction
2. Venue of real actions
3. Venue of personal actions
 Hygienic Packaging vs Nutri-Asia G.R. No. 60
201302,January 23, 2019
4. Venue of actions against non-residents
5. When the rules on venue do not apply
E. Pleadings
1. Kinds of pleadings
a. Complaint
b. Answer (Negative defenses, Affirmative defenses,
negative pregnant)
c. Counterclaims (Compulsory counterclaim, permissive
counterclaim, Effect on the counterclaim when complaint
is dismissed, effect if compulsory counterclaim is not
answered)
d. Cross-claims
e. Third (fourth, etc.) party complaints
  DBP vs Clarges Realty G.R. No. 170060, August 17, 64
2016,
f. Complaint in intervention
g. Reply
2. Pleadings allowed and not allowed in small claim cases and cases
covered by the Rules on Summary Procedure
3. Parts of a pleading
 Hubilla vs Hsy Marketing G.R. No. 207354, January 10, 66
2018
a. Caption
b. Signature and address
c. Verification
d. Certification against forum shopping
e. Effect of signature of counsel in a pleading
f. Effect of signing by a person not authorized to sign
4. Allegations in a pleading
a. Manner of making allegations
 Leong vs See G.R. No. 194077, December 3, 2014 73
b. Ultimate facts
c. Alternative Causes of action
d. Condition precedent
e. Fraud, mistake, malice, intent, knowledge and other
condition of the mind, judgments, official documents or acts
f. Pleading an actionable document
g. Specific denials (effect of failure to make specific denial,
when a specific denial requires an oath)
5. Effect of failure to plead
a. Failure to plead defenses and objections
b. Failure to plead a compulsory counterclaim and cross-claim
 Capablanca vs Heirs of Pedro Bas G.R. No. 224144, 74
June 28, 2017
 Manay Jr. vs Cebu Air, G.R. No. 210621, April 4, 77
2016
6. Default
a. When declaration of default is proper
b. Effect of an order of default, effect of partial default
c. Relief from an order of default, extent of relief
d. Actions where default is not allowed
7. Filing and service of pleadings
 Bracero vs Arcelo G.R. No. 212496, March 18, 2015 80
a. Payment of docket fees
8. Filing versus service of pleadings
9. Periods of filing pleadings
10. Manner of filing
11. Modes of service of pleadings
 Mendoza vs COA G.R. No. 195395. September 10, 2013 78
 12. Amendment
a. Amendment as a matter of right
b. Amendment by leave of court
c. Formal Amendment
d. Substantive Amendment
e. Amendments to conform to or authorize presentation of
evidence
f. Supplemental pleadings, distinction between amended and
supplemental pleadings
g. Effect of amended pleading
F. Summons
1. Effect if court has not validly acquired jurisdiction over the person
of the defendant
 Manuel vs Ong G.R. No. 205249, October 15, 2014 85
 De Pedro vs Romasan G.R. No. 194751, November 26, 2014 87

3. Nature and purpose of summons in relation to actions in personam,

in rem, and quasi-in rem
4. Voluntary appearance
5. Personal service
 Pavlow vs Mendenilla, G.R. No. 181489, April 19, 2017 92
 PGIC vs Guansing G.R. No. 204759, November 14, 2018 94
6. Substituted service
7. Extraterritorial service, when allowed
8. Service by publication
9. Service upon
a. Entity without juridical personality
b. Prisoners
c. Minors and incompetents
d. Domestic private juridical entity
 Cathay Metal Corporation vs Laguna West Multi- 97
Purpose Cooperative G.R. No. 172204, July 2, 2014
e. Foreign private juridical entity
f. Public corporations
g. Defendant whose identity or whereabouts unknown
h. Residents temporarily out of the Philippines
G. Motions
1. Motions in general
a. Definition of motion
 Valdrram vs People G.R. No. 220054, March 27, 2017 101
b. Motions versus pleadings
c. Notice and hearing of motions
d. Omnibus motion rule
2. Motion for bill of particulars
a. Purpose and when applied for
b. Actions of the court
 c. Compliance with the order and effect of non-compliance
3. Motion to dismiss
a. Grounds
 Garcia vs Ferro Chemicals G.R. No. 220054, March 27, 104
2017
 Home Guaranty vs La Svoie G.R. No. 168616 January 107
28, 2015
 Malixi vs Baltazar G.R. No. 208224, November 22, 2017 111
 City of Taguig vs City of Makati G.R. No. 208393, 114
Second Division, June 15, 2016
 Fuji Television Network vs Espiritu G.R. No. 20494445, 116
December 3, 2014
 MISSMA cs BISSMICO G.R. No. 149638 – 14991 121
December 10, 2014
 Re: Tiamson vs Ferrer A.C. No. 8037, February 17, 2016 124
 DPWH vs CMC/MONARK et.al G.R. No. 179732. 127
September 13, 2017
 Republic vs Sandiganbayan G.R. No. 195295, October 128
05, 2016
 Aboitiz s CHiongbian July 9, 2014G.R. No.197530 132
 Zacarias vs Sps Revilla G.R. No. 190901, November 12, 137
2014
 Guillermo vs Philipine Information Agency GR No. 143
223751, March 15, 2017
b. Resolution of motion
c. Remedies of plaintiff when the complaint is dismissed
d. Remedies of defendant when the motion is denied
e. When grounds pleaded as affirmative defenses
f. Instances of motu proprio dismissal
H. Dismissal of actions
1. Dismissal upon notice by plaintiff; two-dismissal rule
 Ching vsv Cheng G.R. No. 175507 October 8, 2014 140
2. Dismissal upon motion by plaintiff; effect on existing counterclaim
3. Dismissal due to fault of plaintiff
I. Pre-trial
1. Concept of pre-trial; nature and purpose
 BPIR vs Sps Genuino G.R. No. 208792. July 22, 2015
 NAPOCOR vs Sps Asoque G.R. No. 172507 September 14,
2016, 145
2. Notice of pre-trial 146
3. Appearance of parties; effect of failure to appear
4. Pre-trial brief; effects of failure to file
5. Distinction between pre-trial in civil cases and criminal cases
6. Effect of failure to set case for pre-trial
7. Court Annexed Mediation (CAM)
8. Judicial Dispute Resolution (JDR)
 9. Alternative Dispute Resolution (ADR) (Special Rules of Court on
ADR [A.M. No. 07-11-08-SC])
J. Intervention
1. Definition and nature
2. Requisites for intervention
3. Time to intervene
4. Remedies if motion for intervention is denied
K. Subpoena
1. Subpoena duces tecum
2. Subpoena ad testificandum
3. Service of subpoena
4. Compelling attendance of witnesses; contempt
5. Viatory right of witnesses
6. Quashing of subpoena; grounds
L. Modes of discovery
1. Depositions pending action
2. Depositions before action or pending appeal
 Santamaria vs Cleary G.R. No. 197122, June 15, 2016
3. Interrogatories to parties
4. Request for admission by adverse party
5. Production or inspection of documents or things
 Eagleridge Devt Corp. vs Granvill G.R. No. 204700 April
10, 2013
6. Physical and mental examination of persons 151
7. Consequences of refusal to comply with modes of discovery
M. Trial
1. Notice of trial
2. Adjournments and postponements
3. Requisites of motion to postpone trial 153
4. Order of trial; reversal of order
5. Consolidation or severance of trial
6. Trial by commissioner
N. Demurrer to evidence
1. Nature of demurrer to evidence
 Republic vs Gimenez G.R. No. 174673, January 11, 2016
2. Ground
3. Effect of denial or grant of demurrer
4. Waiver of right to present evidence
5. Demurrer to evidence in civil cases versus demurrer to evidence in
criminal cases
O. Judgments and final orders
1. Final Order vs Interlocutory Order
 Pryce vs China Banking G.R. No. 172302, February 18, 156
2014
 MBTC vs G&P Builders G.R. No. 189509, November 23,
2015,
  People vs Escobar G.R. No. 214300, July 26, 2017
2. What is judgment?
3. Requisites of a valid judgment
4. Contents of a judgment
5. Judgment without trial 162
 Gadrinab vs Salamanca G.R. No. 194560, June 11, 2014, 164
6. Judgment on the pleadings
7. Summary judgments
a. Requisites for a valid summary judgment 167
 Olivarez Realty vs Castillo G.R. No. 196251, July 9, 201
b. Meaning of “genuine issue”
c. Summary judgment for the claimant
d. Summary judgment for the defendant
e. Partial summary judgment
f. Judgment on the pleadings versus summary judgment 168
g. Rendition of judgments and final orders
h. Entry of judgment and final order
i. Several judgment
j. Memorandum decision 171
k. Doctrine of immutability of judgments
 CSC vs Moralde G.R. No. 211077, August 15, 2018
l. When a judgment or final order becomes final and executor
m. Effects of finality of judgment
 De Ocampo vs RPN-9 G.R. No. 192947, December
09, 2015,
n. Doctrine of the law of the case
 PD No. 1271 Committee vs De Guzman G.R. No.
187291December 05, 2016
 MRT Dev’t Corp. vs Gammon Philippines G.R. No.
200401, January 17, 2018
P. Post-judgment remedies
1. Before finality 174
a. Motion for new trial or reconsideration
o When to file
o Grounds for new trial
 Escobar vs People G.R. No. 205576 176
o Grounds for motion for reconsideration
 City of Dagupan vs Maramba G.R. No. 174411, July
02, 2014
 Ceprado Jr. vs Nationwide Security G.R. No. 175198, 179
September 23, 2015
 Club Filipino Inc. vs Bautista G.R. No. 168406, 185
January 14, 2015
o Remedy when motion is denied
b. Appeal
o Judgments and final orders subject to appeal
  LRTA vs Robles G.R. No. 192074, June 10,
2014
o Matters not appealable 187
o Modes of appeal
 Ordinary appeal 192
 Petition for review
o Period to appeal
o Perfection of appeal 195
o Appeal from judgments or final orders of the MTC
o Appeal from judgments or final orders of the RTC 198
 Sps Alan vs PNB G.R. No. 158622, Second
Division, January 27, 2016,
o Appeal from judgments or final orders of the CA
o Appeal from judgments or final orders of the CTA
o Review of final judgments or final orders of quasi- 202
judicial bodies
 Office of the Ombudsman vs Reyes G.R. No.
208976, October 13, 2014,
 PHILEC vs CA G.R. No. 168612, December
10, 2014
 Ornales vs Office of Deputy Ombundsman for
Luzon G.R. No. 214312, September 05, 2018
 Viva Shipping vs KEPPEL Philippines G.R.
No. 177382, Second Division, February 17,
2016
 Pilipinas Shell vs Royal Ferry G.R. No.
188146, Second Division, February 1, 2017,
 Petition for review on certiorari
 Republic vs Bayao G.R. No. 17949, 205
June 5, 2013
 Sec. De Lima vs Gatdula G.R. No.
204528, En Banc, February 19, 2013
 Tankeh vs DBP G.R. No. 171428,
November 11, 2013
 Villamor vs Umale G.R. No.
172843; Second Division; September
24, 2014
 Loria vs Munoz G.R. No. 187240 207
October 15, 2014
 Ligtas vs People G.R. No. 200751, 209
Second Division, August 17, 2015
 Mendoza vs Valte G.R. No. 172961,
Second Division, September 7, 2015 211
 Marasigan vs Fuentes G.R. No.
201310, January 11, 2016 213
 DST Movers VS PGIC GR NO
 198627, January 13, 2016
 Lopez vs People G.R. No. 212186 , 216
June 29, 2016
 DPWH vs City Advertising Ventures
G.R. No. 182944, Second Division ,
November 9, 2016 219
 Steamship va Sulpicio lines GR. No.
196072, September 20, 2017 223
 Demex Rattancraft vs Leron G.R. No.
204288, November 8, 2017 225
 Padilla vs Airborne Security G.R. No.
210080 November 22, 2017 228
 Sps Miano vs MERALCO G.R. No.
205035, Second Division, November
16, 2016 230
 Rodriguez vs YOHDC G.R. No.
199451, Third Division, August 15, 231
2018
 NAREDICO vs KROMINCO G.R. No. 234
196892, December 05, 2018
 Visayan Electric Corp. vs Alfeche G.R.
No. 209910, Third Division, November 238
29, 2017
 Ronquillo vs NEA G.R. No. 172593, 264
Second Division, April 20, 2016
 Pioneer Insurance vs Morning Star 267
Travel and Tours GR No. 198436,
July 08, 2015 270
 Tortona et.al vs Gregorio et. Al G.R.
No. 202612, Third Division, January 275
17, 2018
 Cancio vs Performance Exchange
Corp. G.R. No. 182307, Third 279
Division, June 06, 2018
283

2. After finality 285

a. Relief from judgment
o Grounds
o Time to file 286
o Contents of petition
 Madarang vs Sps Morales G.R. No. 199283, 287
Third Division, June 9, 2014
b. Annulment of judgment 290
o Grounds
 Castro vs Gregorio G.R. No. 188801 October
 15, 2014 293
o Period to file action
o Effects of judgment of annulment 296
c. Collateral attack of judgment

Q. Execution, satisfaction, and effect of judgments 298

 DAR MPC vs Diaz G.R. No. 206331, Third Division, June
04, 2018
1. Difference between finality of judgment for purposes of appeal; for 300
purposes of execution
2. When execution shall issue (execution as a matter of right;
discretionary execution)
3. How a judgment is executed
a. By motion or independent action
b. Issuance, form and contents of a writ of execution
 Republic vs Cortez G.R. No. 187776. February 7, 2017
 Landbank vs Manzano G.R. No. 188243, Third Division,
January 24, 2018
 City of Lapu-lapu vs PEZA G.R. No. 184203, Second
Division, November 26, 2014 307
c. Execution of judgments for money
d. Execution of judgments for specific acts
e. Execution of special judgments
f. Removal of an improvement
g. Requisites before demolition order is issued 309
h. Effect of levy on third persons
4. Properties exempt for execution
 Republic vs Fetalvero G.R. No. 198008, February 04, 2019
5. Proceedings where property is claimed by third persons
a. In relation to third-party claim and replevin
b. Distinction between third party complaint and third party
claim 312
6. Rules of Redemption
7. Remedies in aid of execution
a. Examination of judgment obligor when judgment unsatisfied
b. Examination of obligor of judgment obligor
c. Enforcement of attendance and conduct of examination
d. Order of application of property and income satisfaction of
judgment
e. Appointment of receiver
f. Sale of ascertainable interest of judgment obligor in real
estate 315
g. Proceedings when indebtedness denied or another person
claims the property 318
h. Effect of judgment or final orders
o Two aspects of res judicata 321
 o Bar by prior judgment
o Conclusiveness of judgment
i. Enforcement and effect of foreign judgment or final orders
 Pacios et.al vs Tahanang Walang Hagdan G.R. No. 229579,
November 14, 2018
 Republic vs Tatlonghari G.R. NO. 170458, NOVEMBER 23, 2015
 Republic vs Fernandez G.R. No. 175493, March 25, 2015
R. Provisional remedies
1. Nature of provisional remedies
2. Purpose of provisional remedies 327
3. Preliminary attachment
a. Grounds for issuance of preliminary attachment
b. Requisites; issuance and contents of order of attachment;
affidavit and bond
c. Purpose of ex parte issuance of writ of attachment
d. Rule on prior or contemporaneous service of summons
e. Manner of attaching real and personal property; when
property attached is claimed by third person
f. Discharge of attachment and the counter-bond
g. Purpose of counter-bond
h. Satisfaction of judgment out of property attached
4. Preliminary injunction
 Sunrise Garden vs CA G.R. No. 158836, Second Division,
September 30, 2015
a. Definition and differences: preliminary injunction, temporary
restraining order, and status quo ante order
b. Requisites of preliminary injunction
c. Kinds of injunction
d. When writ may issue
e. Grounds for issuance of preliminary injunction
f. Purpose of injunction
g. When preliminary injunction improper
h. When can a temporary restraining order issue
i. Requisites of temporary restraining order
j. Period of effectivity of temporary restraining order
k. Limitations on the issuance of a temporary restraining order
or injunction
 Dynamic Builders vs Presbitero G.R. No. 174202, En
Banc, April 07, 2015, 329
 Lee vs Sales G.R. No. 205294, Third Division, July 4,
2018 332
5. Receivership 335
a. Purpose
b. Cases when receiver may be appointed
c. Nature of the duty of a receiver; general powers of a receiver
d. Recruitments before issuance of an order or receivership
 e. Kinds of bond
f. Termination of receivership
6. Replevin
a. Nature of replevin
 Enriquez vs Mercantile Insurance G.R. No. 210950,
Third Division, August 15, 2018
b. When may writ issue/requisites
c. Affidavit and bond; redelivery bond
d. Remedy of adverse party
e. Sheriff’s duty in the implementation of the writ; when
property is claimed by third party
f. Rule in case writ was issued in favor of the Republic: bond
not required
7. Support pendente lite
341
S. Special civil actions
1. Ordinary civil actions versus special civil actions
2. Interpleader
a. Requisites
b. When to file
c. Limitations in filing interpleader
d. Inchoate right not a basis for interpleader
3. Declatory reliefs and similar remedies
a. Declatory relief not within the original jurisdiction of the
Supreme Court
b. Who may file action
c. Requisites of action for declaratory relief
d. Declaratory relief treated as mandamus
e. When court may refuse to make judicial declaration
f. Proceedings considered as similar remedies (action for
reformation of instrument, quieting of title, and consolidation
of ownership) 345
4. Review of judgments and final orders or resolution of the
COMELEC and COA 349
a. Application of Rule 65 under Rule 64
 Oriondo vs COA G.R. No. 211293, En Banc, June 4,
2019
5. Certiorari, prohibition, and mandamus
a. Function of writ of certiorari
b. Requisites for Certiorari
 In the Matter of: Save the Supreme Court Judicial
Independence Udk-15143, January 21, 2015
 Pascual vs CCaniogan Credit and Devt Cooperative G.R.
No. 172980 July 22, 2015
 Far East Bank vs Chua G.R. No. 187491, Second Division,
July 08, 2015,
  Manalo vs Ateneo de Naga University G.R. No. 185058,
Second Division, November 09, 2015 351
 Nonay vs Bahia Shipping , G.R. No. 206758, Second
Division, February 17, 2016
 Pemberton vs Hon. De Lima G.R. No. 217508, April 18,
2016
 David vs SET G.R. No. 221538, En Banc, September 20,
2016
 Cagang vs Sandiganbayan G.R. No. 206438, En Banc, July
31, 2018
 PCGG vs Office of the Ombudsman G.R. No. 187794, Third
Division, November 28, 2018
 Quezon City PTCA Federation vs DEPED G.R. No. 188720,
En Banc, February 23, 2016
 Taar vs Lawan G.R. No. 190922, Third Division, October 11,
2017
 GSIS Faamily Employee Union vs Sec. Villanueva G.R. No.
210773, Third Division, January 23, 2019
 Cabahug vs People G.R. No. 186272
c. Petition for certiorari distinguished from appeal by certiorari
d. Rule 65 not a remedy for lost appeal
e. Certiorari involving actions/omissions of MTC/RTC in election
cases shall be filed exclusively with COMELEC
f. Prohibition
g. Requisites for prohibition
h. Mandamus
 Bagumbayan-VNP Movement vs COMELEC G.R. No.
222731, En Banc, March 8, 2016
 Lihaylihay vs Treasurer of the Pihlippines G.R. No. 192223,
Third Division, July 23, 2018
 Pagdanganan Vs CA G.R. No. 202678, Third Division
September 05, 201
 Ha Datu Tawahig vs Lapinid G.R. No. 221139, Third
Division, March 20, 2019

i. Exceptions to filing of motion for reconsideration before filing

petition 354
j. Injunctive relief necessary to stop proceedings below
k. Effects of filing of an unmeritorious petition
l. Grave abuse of discretion
6. Quo warranto
a. Distinction between quo warranto under Rule 66 and under the
Omnibus Election Code 358
b. When government may commence an action against individuals
c. Who may commence the action 359
d. Judgment in quo warranto action
7. Expropriation 361
a. Two stages in action for expropriation
b. When plaintiff can immediately enter into possession of the real 364
property in relation to R.A. No. 8974
c. Defenses and objections 367
d. Ascertainment of just compensation
e. Appointment of commissioners; commissioners’ report; court action
upon commissioners’ report 372
f. Remedy of unpaid owner
8. Foreclosure of real estate mortgage 374
a. Manner of foreclosure 377
b. Judgment of foreclosure for payment or sale
c. Effect of sale of mortgaged property 381
d. Equity redemption
e. Writ of possession ministerial
f. Deficiency judgment 384
g. Judicial foreclosure versus extrajudicial foreclosure 386
9. Partition
a. Modes of partition
b. Who are indispensable parties to partition 390
c. Matters to allege in the complaint for partition
d. Two stages in action for partition 395
e. Order of partition and partition by agreement
f. Partition by commissioners
g. Action for partition imprescriptible; exceptions
h. Effects of judgment of partition
10. Forcible entry and unlawful detainer
a. Definitions and distinctions of forcible entry and unlawful detainer
b. When demand is necessary
c. Nature of the proceedings (Summary Procedure; prohibited
pleadings) 398
d. Issue of ownership merely incidental
e. How to stay immediate execution of judgment 399
11. Contempt
 Kimteng vs Young G.R. No. 210554, Third Division, July 02, 402
2014
 Roque vs AFP G.R. No. 214986, February 15, 2017 405
a. Kinds of contempt (Direct and Inderect)
b. How contempt proceedings commenced
c. Where to file
d. Penalties and remedies against direct and indirect contempt
e. Contempt against quasi-judicial bodies
 407
409

PART II – SPECIAL PROCEEDINGS

PART II – SPECIAL PROCEEDINGS

I. INTRODUCTION

A. Civil Action vs. Special Proceedings

B. Nature of Special Proceedings
C. Subject Matter of Special Proceedings
D. Applicability of the Rules of Civil Action

II. SETTLEMENT OF ESTATE OF DECEASED PERSONS

A. Venue and Process

1. Jurisdiction
2. Extent of Jurisdiction of probate court
3. Exceptions to probate court’s limited jurisdiction
4. Where Estate settled upon dissolution
B. Summary Settlement of Estates
1. Extrajudicial Settlement by agreement
2. Summary of settlement of estates of small value
3. Bond to be filed by distributes
4. Liability of distributes and estate
C. Production of Will; Allowance of Will
1. Importance of Probate
a. Allowance conclusive as to its execution
b. Probate of will mandatory
c. Nature of probate proceedings
d. Extent of probate proceedings
2. Duties of custodian/executor
3. Who may petitioner for the allowance of the will
4. Contents of the petitioner
5. Procedure
6. Proof required
a. No opposition
b. Lost or destroyed will
c. Witnesses do not reside in the province
d. When will is contested
e. When the testator himself files it
 7. Grounds for disallowing a will
D. Allowance of Will Proved Outside the Philippines
1. Will proved outside the Philippines may be allowed
2. Procedure
3. Effect of Allowance
4. Estate, how administered
E. Letters Testamentary and/or Administration
1. Who may not be executors or administrators
2. Executor of executor not to administer estate
3. Married women may serve as executor or administrator
4. When may letters of administration issued
a. Order of preference
b. Meaning of next of kind
F. Issuance of Letters Administration
1. Contents of the petition
2. Opposition to petition
3. Procedure
G. Special Administrator
1. When special administrator be appointed
H. Bond of Executor and Administrator
I. Revocation of Administration; Removal of Administrator/Executor
J. Powers, Duties, Accountabilities of Executor/Administrator
K. Compensation of Executors and/or Administator
L. Claims against the Estate
1. Procedure
a. Notice to creditors
b. Period to file claims
i. Exceptions
ii. Statute of non-claims
iii. Claims not filed, barred
iv. Mortgage debt due from estate
M. Actions by and Against the Executor and Administrator
1. Action which be brought against executor or administrator
2. Action which may be not brought against executor or administrator
3. Action which executor or administrator may bring
4. Heirs may not bring suit
5. When heirs may bring suit
6. When creditor may bring action
N. Payment of Debts of Estate
O. Sales, Mortgage and other Encumbrances
P. Distribution and Partition of the Estate
1. When shall distribution issue
a. Effect of final decree of distribution
b. Liquidation
c. Project of partition
d. Remedy of heir entitled to residue but not given his share
 e. Instances where writ of execution may be issued
f. Cases
III. ESCHEAT

A. When to file
B. Who may file
C. Kinds of Escheat
D. Procedure

IV. GENERAL GUARDIANSHIP

A. Kinds of Guardians
B. Venue
C. Appointment of Guardian
1. Who may file petition
2. Procedure
D. Bonds of Guardians
E. Selling and Encumbering Property of the Ward
F. General Duties of Guardian
G. Termination of Guardianship

V. GUARDIANSHIP OF MINORS

A. Who may file Petition

B. Where to file
C. Grounds for petition
D. Qualification of Guardians
E. Who may be appointed
F. Procedure
G. Grounds for Termination of Guardianship

VI. ADOPTION

A. Concept of Adoption
B. Nature of Adoption
C. Purpose of Adoption
D. Repeal of Rule 99 and 100 of the Rules of Court
E. Rule on Adoption (A.M. No. 02-6-02-SC)
1. Domestic adoption (R.A. 8552
2. Inter-country adoption (R.A. 8043

VII. PROCEEDINGS FOR THE HOSPITALIZATION

VIII. VOLUNTARY DISSOLUTION OF CORPORATIONS

IX. JUDICIAL APPROVAL OF VOLUNTARY RECOGNITION OF MINOR

X. CONSTITUTION OF FAMILY HOME

XI. HABEAS CORPUS

A. Coverage of Petition
B. Who may grant the writ
C. Requisites for Application
D. Contents of Petition
E. When writ allowed and disallowed
F. When writ must be granted
 In The Matter Of The Petition For Habeas Corpus, Ssgt. Edgardo
L. Osorio Vs . Assistant State Prosecutor Juan Pedro C. Navera
G.R. No. 223272, Third Division, February 26, 2018
G. Habeas Corpus as Post-Judgment Remedy
H. Rule on Custody of Minors and Writ of Habeas Corpus in Relation to
Custody of Minors (A.M. No. 03-04-04-SC, April 22, 2003)

XII. CHANGE OF NAME

A. Purpose of the Rule

B. Venue
C. Contents of Petition
D. Procedure
E. Grounds
F. R.A. 9048

XIII. CANCELLATION OR CORRECTION OF ENTRY

A. Who may file Petition

B. Entries that may be corrected
 Republic vs Gallo G.R. No. 223272, Third Division, February 26,
2018 413
XIV. ABSENTEES
417