REMEDIAL LAW, LEGAL AND JUDICIAL ETHICS, WITH
PRACTICAL EXERCISES (25%)
NOTE: Only laws, rules, issuances, and jurisprudence pertinent to these topics
as of June 30, 2025 are examinable materials within the coverage of the 2026
Bar Examinations.
I. GENERAL PRINCIPLES
A. Concept and Nature of Remedial Law
B. Procedural Laws Applicable to Actions Pending at the Time of Promulgation
C. Construction of Procedural Rules
D. Rule-making Power of the Supreme Court
E. Classification of Philippine Courts
F. Hierarchy of Courts
G. Doctrine of Non-interference or Judicial Stability
II. JURISDICTION
A. Concept
1. Distinguished from Exercise of Jurisdiction
2. Distinguished from Venue
3. Adherence of Jurisdiction; Residual Jurisdiction; Primary Jurisdiction
4. How Determined and Conferred
B. Subject Matter Jurisdiction
1. Kinds
a. Original and Appellate
b. General and Special
c. Exclusive and Concurrent
2. Waiver and Compromise
3. Effect of Estoppel
4. Error of Jurisdiction
C. Acquired Jurisdiction
1. Over the Parties
a. Jurisdiction over the Plaintiff
b. Jurisdiction over the Defendant
2. Over the Issues
3. Over the Res or Property in Litigation
D. Jurisdiction of Philippine Courts and Tribunals
1. Inherent Powers and Means to Carry out Jurisdiction
2. Supreme Court
3. Court of Appeals
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, 4. Sandiganbayan
5. Court of Tax Appeals
6. Regional Trial Courts
7. Family Courts
8. Special Commercial Courts and Cybercrime Courts
9. Metropolitan and Municipal Trial Courts – R.A. No. 11576
a. Expedited Proceedings – A.M. No. 08-8-7-SC
10. Lupong Tagapamayapa – R.A. No. 7160, Secs. 408, 409, and 412
III. CIVIL PROCEDURE
Rules of Court, as amended by A.M. No. 19-10-20-SC
A. Classification of Actions
1. Ordinary and Special
2. Personal and Real
3. In Rem, In Personam, and Quasi In Rem
B. Cause of Action – Rule 2
C. Parties to Civil Actions – Rule 3
D. Venue – Rule 4
E. Pleadings
1. Kinds – Rule 6
2. Parts – Rule 7
3. Allegations – Rule 8
4. Effect of Failure to Plead – Rule 9, Secs. 1 and 2
5. Amended and Supplemental Pleadings – Rule 10
6. Filing of Responsive Pleadings – Rule 11
7. Bill of Particulars – Rule 12
8. Filing and Service of Pleadings – Rule 13
a. Efficient Use of Paper Rule – A.M. No. 11-9-4-SC
b. Electronic Filing and Service – A.M. No. 10-3-7-SC; A.M. No. 11-9-4-
SC
F. Summons – Rule 14
1. Issuance; Contents
a. By Whom Issued
b. Purpose in Relation to Actions In Personam, In Rem, and
Quasi In Rem
2. Service
a. By Whom Made
b. Modes
i. Personal
ii. Substituted
iii. Extraterritorial
(a) Hague Service Convention; Administrative Order [A.O.]
No. 251-2020
iv. Upon Specific Persons and Entities
(a) Entity without Juridical Personality
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, (b) Prisoners
(c) Minors and Incompetents
(d) Spouses (Relate to Rule 3, Sec. 4)
(e) Domestic Private Juridical Entity
(f) Foreign Private Juridical Entity
(g) Public Corporations
(h) Defendant whose Identity or Whereabouts Unknown
(i) Residents Temporarily out of the Philippines
c. Proof; Alias Summons
d. Return
3. Voluntary Appearance
4. Duty of Counsel of Record
G. Motions – Rule 15
1. Distinguished from Pleadings
2. Litigious and Non-litigious Motions
3. Prohibited Motions
4. Omnibus Motion
H. Dismissal and Default
1. Dismissal upon Notice by Plaintiff; Two-dismissal Rule – Rule 17, Sec. 1
2. Dismissal upon Motion by Plaintiff; Effect on Existing Counterclaim
– Rule 17, Sec. 2
3. Dismissal due to Fault of Plaintiff – Rule 17, Sec. 3
4. Dismissal with Prejudice v. Dismissal without Prejudice
5. Default – Rule 9, Sec. 3
I. Pre-trial – Rule 18 and A.M. No. 03-1-09-SC
1. Court-Annexed Mediation (CAM)
2. Judicial Dispute Resolution (JDR)
J. Intervention – Rule 19
K. Calendar of Cases – Rule 20
L. Subpoena – Rule 21
M. Computation of Time – Rule 22
N. Modes of Discovery – Rules 23-29
O. Trial – Rule 30
P. Consolidation or Severance – Rule 31
Q. Demurrer to Evidence – Rule 33
1. Denial
a. Consequences
b. Remedy
2. Consequences of Grant
3. Reversal of Demurrer on Appeal
R. Judgments and Final Orders
1. How Rendered – Rule 36
2. Judgment on the Pleadings – Rule 34
3. Summary Judgments – Rule 35
S. Post-judgment Remedies
1. New Trial – Rule 37
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