Civil procedure (online book)


  1. REMEDIAL LAW BASICS;
    1. Remedial law v. substantive law;
    2. Concepts, sources of remedial law;
    3. Supreme Court's rule-making power;
      1. Laws violative of Supreme Court's rule-making power;
      2. Rule-making power no longer shared with Congress;
    4. Limits on Supreme Court's rule-making power;
    5. Power to suspend, amend procedural rules;
    6. Nature of Philippine courts;
    7. Jurisdiction;
    8. Kinds of court jurisdiction;
  2. ASPECTS OF JURISDICTION;
    1. Jurisdiction over the subject matter;
      1. When to raise issue of jurisdiction;
    2. Jurisdiction over the person;
      1. What is considered voluntary appearance;
      2. Motion to extend answer time as voluntary appearance;
    3. Jurisdiction over the issues;
    4. Jurisdiction over the res;
    5. Jurisdiction over the remedies;
  3. PRINCIPLES ON JURISDICTION;
    1. Epistolary jurisdiction;
    2. Hierarchy of courts;
    3. Exhaustion of administrative remedies;
      1. Exceptions to the rule on exhaustion of remedies;
    4. Adherence of jurisdiction;
  4. JURISDICTION OF PHILIPPINE COURTS;
    1. Jurisdiction of the Supreme Court;
    2. Jurisdiction of the Court of Appeals;
    3. Court of appeals and injunction petitions;
    4. Jurisdiction of the Regional Trial Court;
    5. Jurisdiction of the Municipal Trial Court;
    6. Jurisdiction of the Sandiganbayan;
    7. Jurisdiction of the Court of Tax Appeals;
    8. Summary of jurisdiction of Philippine courts;
  5. VENUE;
    1. Venue v. jurisdiction;
    2. Barangay conciliation;
    3. Venue of actions;
    4. 4 indicators of venue of actions;
    5. Personal action v. real action;
    6. Stipulation as to venue;
    7. Jurisdiction v. venue;
  6. ERRORS OF COURTS;
    1. Error of jurisdiction;
    2. Error of judgment;
    3. Error of jurisdiction v. error of judgment;
  7. BARANGAY JUSTICE SYSTEM;
    1. Purposes of the village justice system;
  8. SPEEDY PROCEDURES;
    1. Small claims;
    2. Summary procedure;
  9. THE RULES OF COURT;
    1. Promulgation of the Rules of Court;
    2. Contents of the Rules of Court
    3. General provisions of the Rules of Court;
  10. ACTIONS;
    1. Civil action;
    2. Stages in a civil action;
    3. Criminal action;
    4. Cause of action;
      1. Cause of action v. action;
      2. Splitting of cause of action;
    5. Lack of cause of action v. failure to state cause of action;
      1. Test of sufficiency of cause of action;
    6. Ordinary civil actions v. special civil actions;
  11. RIGHT OF ACTION;
    1. Right of action v. cause of action;
  12. JOINDER OF CAUSES OF ACTION;
    1. Joinder, misjoinder of causes of action;
  13. PARTIES;
    1. Parties to civil actions;
    2. Joinder of parties;
    3. Misjoinder of parties;
    4. Nonjoinder of parties;
  14. PLEADINGS;
    1. Parts of a pleading;
  15. SUMMONS;
    1. Purpose of summons;
    2. Service of summons;
  16. MOTIONS;
    1. Motions defined;
    2. When to file motions;
    3. Form of motions;
  17. DISMISSAL OF ACTIONS;
    1. Dismissal prompted by plaintiff;
    2. Dismissal by court;
    3. Dismissal prompted by defendant;
    4. Dismissal prompted by a third party;
  18. PRE-TRIAL;
    1. Importance of pre-trial;
    2. Mandatory nature of pre-trial
    3. Matters taken-up during pre-trial
    4. Effect of non-appearance during pre-trial;
    5. Pre-trial brief;
      1. Non-filing of pre-trial brief;
    6. Pre-trial order;
  19. INTERVENTION;
  20. SUBPOENA;
  21. COMPUTATION OF TIME;
  22. MODES OF DISCOVERY;
  23. TRIAL;
  24. DEMURRER TO EVIDENCE;
    1. When to file demurrer to evidence;
    2. Demurrer to evidence: civil and criminal cases;
  25. JUDGMENTS & FINAL ORDERS;
    1. Final judgments cannot be reopened;
    2. Kinds of judgments;
      1. Summary judgments;
      2. Compromise judgments;
  26. POST-JUDGMENT REMEDIES;
    1. Remedy of motion for reconsideration;
    2. Remedy of new trial;
    3. Remedy of appeal;
      1. Split jurisdiction in appeal remedies;
  27. POST-FINALITY REMEDIES;
    1. XXX;
  28. EXECUTION OF JUDGMENT;
    1. Execution as the fruit of litigation;
    2. When to question execution of judgment;
    3. Appellate court's execution of judgment;
  29. SATISFACTION OF JUDGMENTS;
    1. Execution v. satisfaction of judgments;
    2. How to prove satisfaction of judgments;
  30. EFFECTS OF JUDGMENTS;
    1. Effects of judgments in actions in rem;
    2. Effects of judgments in actions in personam;
    3. Effects of judgments in actions quasi-in rem;
  31. PROVISIONAL REMEDIES;
    1. Nature and purpose of provisional remedies;
    2. Preservative remedies to protect rights, interests;
    3. Jurisdiction over provisional remedies;
    4. Summary of provisional remedies under the Rules of Court;
  32. KINDS OF PROVISIONAL REMEDIES;
    1. Preliminary attachment;
    2. Preliminary injunction;
      1. Requisites for issuance of preliminary injunction writ;
      2. When to issue preliminary writ of injunction;
      3. Preservation of status quo;
    3. Receivership;
    4. Replevin;
  33. OTHER PROVISIONAL REMEDIES;
    1. Provisional remedies in family cases;
    2. Provisional remedies in terrorism cases;
    3. Provisional remedies in cases of violence against women or children;
    4. Provisional remedies in money laundering cases;
    5. Provisional remedies in financial rehabilitation cases;
    6. Precautionary hold-departure orders;
  34. SPECIAL CIVIL ACTIONS;
    1. Jurisdiction of special civil actions;
    2. Venue of special civil actions;
    3. Special civil actions under the Rules of Court;
  35. INTERPLEADER;
    1. When to file interpleader petition;
  36. DECLARATORY RELIEF & SIMILAR REMEDIES;
    1. When declaratory relief is a remedy;
    2. Remedies similar to declaratory relief;
  37. REVIEWING JUDGMENTS OF CONSTITUTIONAL COMMISSIONS;
    1. Review of judgments and final orders of the Commission on Elections;
    2. Review of judgments and final orders of the Commission on Audit;
    3. Review of judgments and final orders of the Civil Service Commission;
  38. CERTIORARI;
    1. When certiorari is a remedy;
  39. PROHIBITION;
    1. When prohibition is a remedy;
  40. MANDAMUS;
    1. Mandamus to compel a purely ministerial duty;
    2. Continuing mandamus;
  41. QUO WARRANTO;
    1. When quo warranto is a remedy;
  42. EXPROPRIATION;
    1. When expropriation is a remedy;
  43. FORCLOSURE OF REAL ESTATE MORTGAGE;
    1. Whether foreclosure is incapable of pecuniary estimation;
    2. Deficiency after extrajudicial foreclosure;
    3. Bid price and appraisal value in extrajudicial foreclosure;
    4. Special power to extrajudicially foreclose;
  44. PARTITION;
    1. When partition is a remedy;
  45. FORCIBLE ENTRY & UNLAWFUL DETAINER;
    1. Accion interdictal;
    2. When accion interdictal is a remedy;
  46. CONTEMPT OF COURT;
    1. Contempt;
    2. Direct contempt;
      1. Remedy from order of direct contempt;
    3. Indirect contempt;
  47. ENVIRONMENTAL RULES;
    1. Scope and applicability of environmental rules;
  48. ALTERNATIVE DISPUTE RESOLUTION (ADR);
    1. Alternative dispute resolution mechanisms.