7. Filing and service of pleadings va) Payment of docket feesb)
Filing versus service of pleadings c) Periods of filing of
pleadings d) Manner of filing e) Modes of service(i) Personal
service (ii) Service by mail (iii) Substituted service (iv) Service
of judgments, final orders or resolutions (v) Priorities in modes
of service and filing(vi) When service is deemed complete (vii)
Proof of filing and service f) Notice of lis pendens Rule 13, Rules
of Court Read: Herrera, Remedial Law Vol. 1, pp. 873-915 Benguet
Electric Coop v. NLRC, 209 SCRA 55 City of Dumaguete v. Philippine
Ports Authority, G.R. No. 168973, August 24, 2011, 656 SCRA 102
Gagoomal v. Villacorta, G.R. No. 1092813, January 18, 2012, 663
SCRA 444 Homeowners Savings and Loan Bank v. Felonia, G.R. No.
189477, February 26, 20148. Amendment a) Amendment as a matter of
right b) Amendments by leave of court c) Formal amendment d)
Amendments to conform to or authorize presentation of evidence e)
Different from supplemental pleadings f) 1 Rule 10, Rules of Court
Read: Herrera, Remedial Law Vol. 1, pp. 824-856 Read Regalado and
Riano on issue on amendment in case of jurisdictional issues on the
original pleading Swagman Hotels and Travel Inc. v. Court of
Appeals, 455 SCRA 175 Siasoco v. CA, G.R. No. 132753, February 15,
1999 Dela Cruz v. Concepcion, October 11, 2012 Dayao v. Shell
Company, G.R. No. L-32475, April 30, 1980 Diona v. Balangue, G.R.
No. 173559, January 7, 2013 Ong Peng v. Custodio, 1 SCRA 780 and
Pan Asiatic Travel Corp. v. CA, G.R. No. L-62781, August 19, 1988G.
Summons 1. Nature and purpose of summons in relation to actions in
personam, in rem and quasi in rem 2. Voluntary appearance 3.
Personal service Sec. 128, Corporation Code Sec. 190, Insurance
Code; now Sec. 196 of PD 612 as amended by 10607 Sec. 76, General
Banking Law of 2000, R.A. No. 8791 Sansio Philippines Inc. v. Mogol
Jr., G.R. No. 177007, July 14, 20094. Substituted service 5.
Constructive service (by publication)a) Service upon a defendant
where his identity is unknown or where his whereabouts are
unknownb) Service upon residents temporarily outside the
Philippines6. Extra-territorial service, when allowed 7. Service
upon prisoners and minors 8. Proof of service Rule 14, Rules of
Court Read: Herrera, Remedial Law Vol. 1, pp. 916-985 Philamlife v.
Breva, 442 SCRA 217 Atiko Trans Inc. and Cheng Lie Navigation Co.
Ltd. v. Prudential Guarantee and Assurance Inc., G.R. No. 167545,
August 17, 2011 NM Rothschild & Sons (Australia) Ltd. v.
Lepanto Consolidated Mining Co., G.R. No. 175799, November 28,
2011, 661 SCRA 328 French Oil Mill Machinery Co. Inc. v. CA, G.R.
No. 126477, September 11, 1998 Northwest Orient Airlines Inc. v.
CA, G.R. No. 112573, February 9, 1995 The Dial Corp. v. Soriano,
G.R. No. L-82330, May 31, 1988 Kawasaki Port Service Corp. v.
Amores, G.R. No. L-58340, July 16, 1991, 199 SCRA 230 Banco de
Brasil v. CA, G.R. No. 121576-78, June 16, 2000 A.M. No. 11-3-6-SC
Samartino v. Raon, July 3, 2002 Asiavest Limited v. Court of
Appeals, September 25, 1998 Manotoc v. CA, 499 SCRA 21 Pascual v.
Pascual, December 4, 2009 Republic v. Domingo, G.R. No. 175299,
September 14, 2011, 657 SCRA 621H. Motions 1. Motions in generala)
Definition of a motion b) Motions versus pleadings c) Contents and
form of motions d) Notice of hearing and hearing of motions e)
Omnibus motion rulef) Litigated and ex parte motionsg) Pro-forma
motions Rule 15, Rules of Court Read: Herrera, Remedial Law Vol. 1,
pp. 986-1003 Barcelonia v. Court of Appeals, G.R. No. 143440,
February 11, 2003 Jehan Shipping Corp. v. NFA, 477 SCRA 781 City of
Dumaguete v. PPA, 656 SCRA 102 De los Reyes v. Ramnani, G.R. No.
169135, June 18, 2010 Ramos v. Teves, A.M. No. P-12-3061, June 27,
2012; see Pojas v. Gozo-Dadole, 192 SCRA 575 Victory Liner Inc.
Malinias, G.R. No. 151170, May 29, 20072. Motions for bill of
particularsa) Purpose and when applied for b) Actions of the court
c) Compliance with the order and effect of noncompliance d) Effect
on the period to file a responsive pleading Rule 12, Rules of Court
Read Herrera, Remedial Law Vol. 1, pp. 864-8723. Motion to dismiss
a) Groundsb) Resolution of motion c) Remedies of plaintiff when the
complaint is dismissed d) Remedies of the defendant when the motion
is denied e) Effect of dismissal of complaint on certain groundsf)
When grounds pleaded as affirmative defenses g) Bar by dismissal h)
Distinguished from demurrer to evidence under Rule 33 Rule 16,
Rules of Court Read: Herrera, Remedial Law Vol. 1, pp. 1004-1054
Note Art. 151, Family Code Film Development Council of the
Philippines v. SM Prime Holdings Inc., G.R. No. 197937, April 3,
2013 Maramag v. Maramag, G.R. No. 181132, June 5, 2009 Koppel Inc.
v. Makati Rotary Club Foundation, Inc., G.R. No. 198075, September
4, 2013I. Dismissal of actions 1. Dismissal upon notice by
plaintiff; two-dismissal rule 2. Dismissal upon motion by
plaintiff; effect on existing counterclaim 3. Dismissal due to the
fault of plaintiff 4. Dismissal of counterclaim, cross-claim or
third-party complaint Rule 17, Rules of Court Read: Herrera,
Remedial Law Vol. 1, pp. 1055-1073 Strongworld Construction Corp.
v. Perello, 496 SCRA 700 Pinga v. Heirs of German Santiago, 494
SCRA 393
