RULES OF CIVIL PROCEDURE2nd Semester 2014-2015
Atty. Amando Virgil D. Ligutan
I. GENERAL PRINCIPLES
A. Remedial Law
Bustos v. Lucero, G.R. No. L-2068, October 20, 1948Primicias v. Ocampo, G.R. No. L-6120, June 30, 1953Neypes v. Court of Appeals, G.R. No. 141524, September 14, 2005Alvero v. de la Rosa, G.R. No. L-286, March 29, 1946
Basic Concepts
i. Meaning of procedural law
Jose v. Javellana, G.R. No. 158239, January 25, 2012
ii. Nature and purpose of procedural law
Samahan v. Hon. Magsalin, G.R. No. 172303, June 6, 2011Jose v. Javellana, G.R. No. 158239, January 25, 2012 (Supra.)
iii. Retroactive application of procedural rules
Panay Railways, Inc. v. Heva Management, G.R. No. 154061, January 25, 2012
iv. Exceptions to the retroactive application of procedural rules
Tan v. Court of Appeals, G.R. No. 136368, January 16, 2002
v. Fresh-Period Rule
Neypes v. Court of Appeals, G.R. No. 141524, September 14, 2005
B. Philippine Courts
1. Judicial Power
Article VIII, Sec. 1, Secs. 1, 5 par. 5, 1987 Constitution
2. Nature
Phil. Carpet Manufacturing v. Tagyamon, G.R. No. 191475, December 11, 2013See: U.S. v. Tamparong, 31 Phil. 321 (1915)
3. Classification
a) Constitutional and Statutoryb) Civil and Criminalc) Inferior and Superior
4. Hierarchy of Courts
Rayos v. City of Manila, G.R. No. 196063, December 14, 2011United Claimants Assoc. v. NEA, G.R. No. 187107, January 31, 2012Ernesto Dy v. Hon. Palamos, G.R. No. 196200, September 11, 2013
C. Jurisdiction of Different Courts
A. Key Principles
i. Jurisdiction- Definition
Home Guaranty Corp. v. R-11 Builders, G.R. No. 192649, March 9, 2011
ii. Jurisdiction v. Venue
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Davao Light v. Court of Appeals, G.R. No. 111685, August 20, 2001Nocum v. Lucio Tan, G.R. No. 145022, September 23, 2005
iii. Determined by the allegations in the complaint
Padlan v. Dinglasan, G.R. No. 180321, March 20, 2013
iv. Residual power/jurisdiction
Gonzales v. Quirico Pe, G.R. No. 167398, August 9, 2011
v. Doctrine of primary jurisdiction
Bagunu v. Spouses Aggabao, G.R. No. 186487, August 15, 2011Omictin v. Court of Appeals, G.R. No. 148004, January 22, 2007Euro-Med Laboratories v. Province of Batangas, G.R. No. 148106, July 17, 2006Agra, et al v. COA, G.R. No. 167807, December 6, 2011Spouses Fajardo v. Flores, G.R. No. 167891, January 15, 2010
vi. Adherence of jurisdiction
Aruego v. Court of Appeals, G.R. No. 112193, March 13, 1996Barrameda v. Rural Bank of Canaman, G.R. No. 176260, November 24, 2010
vii. Doctrine of non-interference or judicial stability
Cabili v. Hon. Balindong, A.M. No. RTJ-10-22252, September 6, 2011Villamor v. Salas, G.R. No. 101041, November 13, 1991
viii. Lack of jurisdiction- raised at earliest possible opportunity
Heirs of Marasigan v. Marasigan, G.R. No. 156078, March 14, 2008Tijam v. Sibonghanoy, L-21450, April 15, 1968
ix. Lack of jurisdiction over subject matter may be raised at any stage
Republic v. Bantigue Point Development, G.R. No. 162322, March 14, 2012Tijam v. Sibonghanoy, L-21450, April 15, 1968De Herrera v. Bernardo, G.R. No. 170251, June 1, 2011
x. Objection to jurisdiction over a party; holding out theory or doctrine of ostensible agency
Megan Sugar Corp. v. RTC of Iloilo, G.R. No. 170352, June 1, 2011
xi. Payment of filing/docket fees- jurisdictional
Manchester Development v. Court of Appeals, G.R. No. 75919, May 7, 1987Nestle Phils. v. FY Sons, G.R. No. 150780, May 5, 2006Sun Insurance v. Asuncion, G.R. Nos. 79937-38, February 13, 1989Phil. First Insurance v. Paramount Gen. Insurance, G.R. No. 165147, July 9, 2008Home Guaranty Corp. v. R-11 Home Guaranty Corp. v. R-11 Builders, G.R. No. 192649,
March 9, 2011 (Supra)Unicapital v. Consing, G.R. Nos. 175277 & 175285, September 11, 2013
B. Kinds of Jurisdiction
B.P. 129 as amended, R.A. 7691, R.A. 7902
a. General Jurisdiction
Regional Trial CourtDurisol Phil. v. Court of Appeals, G.R. No. 121106, February 20, 2002
b. Special or Limited Jurisdiction
Sandiganbayan
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Court of Tax AppealsShari’ah District CourtAlso: Regional Trial Court- Family Courts, Probate Court-
Metropolitan Trial Court, Municipal Trial Court, Municipal Circuit Court
c. Original Jurisdiction
i. Supreme Court
Sec. 5, par. 1, Art. VIII, 1987 ConstitutionPetition for writ of Amparo (A.M. No. 07-9-12-SC)Petition for writ of Habeas Data (A.M. No. 08-1-16-SC)Petition for writ of continuing Mandamus
(Sec. 2, Rule 8, Part III of Rules of Procedure in Environmental Cases, A.M. 09-6-8-SC)
Petition for writ of Kalikasan(Sec. 12, Rule 7, Part III of Rules of Procedure in Environmental Cases, A.M. 09-6-8-SC)
ii. Court of Appeals
Sec. 9, B.P. 129Petition for writ of Amparo (A.M. No. 07-9-12-SC)Petition for writ of Habeas Data (A.M. No. 08-1-16-SC)Petition for writ of continuing Mandamus
(Sec. 2, Rule 8, Part III of Rules of Procedure in Environmental Cases, A.M. 09-6-8-SC)
Petition for writ of Kalikasan(Sec. 12, Rule 7, Part III of Rules of Procedure in Environmental Cases, A.M. 09-6-8-SC)
Actions for Annulment of RTC judgmentPetition for freeze order on monetary instrument, etc. relating to
unlawful activity under Anti-Money Laundering Act of 2001 or R.A. 9160 as amended by R.A.9194 (Sec. 44 of A.M. No. 05-11-04-SC)
iii. Regional Trial Court
Sec. 21, B.P. 129Petition for writ of Amparo (A.M. No. 07-9-12-SC)Petition for writ of Habeas Data (A.M. No. 08-1-16-SC)Petition for writ of continuing Mandamus
(Sec. 2, Rule 8, Part III of Rules of Procedure in Environmental Cases, A.M. 09-6-8-SC)
iv. Shari’ah Distric Court
Art. 413, par. 2, P.D. 1083
d. Appellate Jurisdiction
i. Supreme Court
Sec. 5., par. 2, Art. VIII, 1987 ConstitutionRule 45, Sec. 1, 1997 Rules of Court (“Rules of Court”)
See: Sec. 7, P.D. 1606 as amended by R.A.’s 7975, 8249,Sec. 19, A.M. No. 07-9-12-SC (Writ of Amparo)
Sec. 19, A.M. No. 08-1-16-SC (Writ of Habeas Data)
ii. Court of Appeals
Secs. 9, 34, B.P. 129Rule 41, Sec. 2, a, Rules of CourtRule 42, Rules of CourtRule 43, Rules of Court
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iii. Regional Trial Court
Sec. 22, B.P. 129Rule 40, Rules of Court
iv. Shari’ah Distric Court
Art. 144 P.D. 1083
e. Exclusive Jurisdiction
f. Exclusive Original Jurisdiction
i. Supreme Court
Petition for Certiorari, Prohibition, Mandamus against judgment, final order and resolutions of:
a) Court of Appealsb) Sandiganbayanc) Court of Tax Appealsd) COMELECe) Commission on Auditf) Ombudsman (criminal cases)
ii. Court of Appeals
Petition for Certiorari, Prohibition, Mandamus against:
a) Regional Trial Court- decisions, final orders, resolutionb) National Labor Relations Commission- decisions, final
orders, resolutionc) Secretary of Labor and Employment in the exercise of its
appellate jurisdiction on decisions, final orders of:1) POEA Administrator2) National Wage Productivity Commission3) Bureau of Labor Relations
Sec. 9 (2), B.P. 129- Actions for Annulment of RTC judgment
iii. Regional Trial Court
Sec. 19, B.P. 129 as amended by R.A. 7691Sec. 5.2, SecuritiesRegulations Code or R.A. 8799As Special Agrarian Court in the determination of just compensationAnnulment of MTC JudgmentCivil Cases for Copyright Infringement/Unfair CompetitionFamily Law casesCivil Forfeiture of Proceeds of Money Laundering offenses
iv. Shari’ah District Court
Art. 413, P.D. 1083Settlement of Estate of Deceased MuslimsMontaner v. Shari’ah District Court, G.R. No. 174975, January 20,
2009
v. Metropolitan Trial Court, Municipal Trial Court, Municipal Circuit Trial Court
Sec. 33, B.P. 129 as amended
g. Concurrent/Confluent/Coordinate
i. Supreme Court and Regional Trial Court
Civil actions involving ambassadors, public ministers, consuls
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Cases on the constitutionality of treaty, international or executive agreement, law, presidential decree, proclamation, order, instruction (Sec. 5, 2, Art. VIII, 1987 Constitution)
Vera v. Hon. Arca, G.R. No. L-25721, May 26, 1969
ii. Supreme Court, Court of Appeals, (Sandiganbayan), Regional Trial Court
Petitions for Certiorari, Prohibition, Mandamus, Quo Warranto, Habeas Corpus, writs of Amparo, Habeas Data, Kalikasan, injunctions
Mendoza v. Mayor Villas, G.R. No. 187256, February 23, 2011CREBA v. DAR Secretary, G.R. 183409, June 18, 2010Also- Hierarchy of Court doctrine (Supra.)
h. Territorial Jurisdiction
C. Manner of Acquiring Jurisdiction
a. Over Subject Matter
Allied Domecq Phil. v. Hon. Villon, G.R. No. 156264, September 30, 2004Padlan v. Dinglasan, G.R. No. 180321, March 20, 2013Guy v. Court of Appeals, G.R. No. 165849, December 10, 2007Barayuga v. Adventist University, G.R. No. 168008, August 17, 2011City of Dumaguete v. Philippine Ports Authority, G.R. No. 168973, August 24, 2011Republic v. Bantigue Point Development, G.R. No. 162322, March 14, 2012
b. Over the Case
People of the Philippines v. Hon. Garfin, G.R. No. 153176, March 29, 2004
c. Over the Issues
Rule 10, Sec. 5, Rules of CourtRule 18, Sec. 7, Rules of Court
Lazo v. Republic Surety, G.R. No. L-27365, January 30, 1970Buce v. Court of Appeals, G.R. No. 136913, May 12, 2000Mercader v. DBP, G.R. No. 130699, May 12, 2000
d. Over the Person or Party
Plaintiff
Cesar v. Hon. Ricafort-Bautista, G.R. No. 136415, October 31, 2006
Defendant
1. by service of summons- Rule 14, Secs. 1-3, Rules of Court
i. personal service- Sec. 6ii. substituted service- Sec. 7iii. service by publication- Sec. 14iv. extra-territorial service- Sec. 15
2. by voluntary appearance- Rule 14, Sec. 20, Rules of Court
Herrera-Felix v. Court of Appeals, G.R. No. 143736, August 11, 2004JAPRIL Dev. Corp. v. Security Bank, G.R. No. 190107, June 6, 2011Rapid City Realty v. Villa, G.R. No. 184197, February 11, 2010Allan Co v. Cordero, G.R. No. 164703, May 4, 2010Lhuillier v. British Airways, G.R. No. 171092, March 15, 2010
3. by voluntary submission
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Rodriguez vs. Alikpala, G.R. No. L-38314, June 25, 1974
e. Over the Res
Rule 14, Sec. 15, Rules of Court
Midgely v. Hon. Fernando, G.R. No. L-34314, May 13, 1975Perkins v. Dizon, G.R. No. 46631, November 16, 1939Macahilig v. Heis of Magalit, G.R. No. 141423, November 15, 2000
See: Joya v. Judge Marquez, G.R. No. 162416, January 31, 2006
II. CIVIL PROCEDURE
Brief History
Code of Civil Procedure or Act No. 190- August 7, 1901(Old) Rules of Court- July 1, 1940Revised Rules of Court- January 1, 1964(New) Rules of Court- July 1, 1997
Rules 1-71
RULE 1- GENERAL PROVISIONS
Sec. 1. Title of the Rules of Court
Alvero v. de la Rosa, G.R. No. L-286, March 29, 1946 (Supra.)Primicias v. Ocampo, G.R. No. L-6120, June 30, 1953
Sec. 2. In what courts applicable
Sec. 4. In what case not applicable
GSIS v. Villaviza, G.R. No. 180291, July 27, 2010Reyes v. Barrios, G.R. No. 172841, December 15, 2010
Sec. 3. Cases governed
A. Kinds of Actions in the Rules of Court
a) Civil Actionb) Criminal Actionc) Special Proceedings
B. Kinds of Civil Actions in the Rules of Court
a) Ordinary Civil Actionb) Special Civil Action
DBM v. Manila’s Finest Retirees, G.R. No. 169466, May 9, 2007Amberti v. Court of Appeals, G.R. No. 79981, 2 April 1991
C. Kinds of Civil Actions as to Cause
a) Real Actions
Fortune Motors v. Court of Appeals, G.R. No. 76431, October 16, 1989See Rule 4, Sec. 1
b) Personal Actions
Macasaet v. Co, G.R. No. 156759, June 5, 2013Chua v. Total Office Products, G.R. No. 152808, September 30, 2005Paderanga v. Hon. Buissan, G.R. No. L-49475, September 28, 1993See Rule 4, Sec. 2
c) Mixed Actions
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De la Cruz v. El Seminario, G.R. No. L-5402, January 28, 1911Emergency Loan Pawnshop v. Court of Appeals, G.R. No. 129184, February 28,
2001
D. Kinds of Civil Actions as to Object
a) Action in Personam
Spouses Yu v. Pacleb, G.R. No. 172172, February 24, 2009Ching v. Court of Appeals, G.R. No. L-59731, January 11, 1990
b) Action in Rem
Licaros v. Licaros, G.R. No. 150656, April 29, 2003Gomez v. Court of Appeals, G.R. No. 127692, March 10, 2004Lucas v. Lucas, G.R. No. 190710, June 6, 2011
c) Action Quasi in Rem
Spouses Yu v. Pacleb, G.R. No. 172172, February 24, 2009 (Supra.)Asiavest Ltd. v. Court of Appeals, G.R. No. 128803, September 25, 1998
d) Mixed Action
BA Finance v. Court of Appeals, G.R. No. 102998, July 5, 1996
E. Kinds of Actions as to Place of Filing of Complaint
a) Local Actionb) Transitory Action
Sec. 5. Commencement of action
Board of Liquidators v. Zulueta, G.R. No. L-30738, July 30, 1982See: Sotelo vs. Dizon, 67 Phil. 537; Cabrera vs. Tianco, 8 SCRA 582
Manchester Development v. Court of Appeals, G.R. No. 75919, May 7, 1987 (Supra.)Nestle Phils. v. FY Sons, G.R. No. 150780, May 5, 2006 (Supra.)Sun Insurance v. Asuncion, G.R. Nos. 79937-38, February 13, 1989 (Supra.)Phil. First Insurance v. Paramount Gen. Insurance, G.R. No. 165147, July 9, 2008 (Supra.)Home Guaranty Corp. v. R-11 Home Guaranty Corp. v. R-11 Builders, G.R. No. 192649,
March 9, 2011 (Supra.)Unicapital v. Consing, G.R. Nos. 175277 & 175285, September 11, 2013 (Supra.)
Sec. 6. Construction
Anama v. Phil. Savings Bank, G.R. No. 187021, January 25, 2012Tan v. Court of Appeals, G.R. No. 130314, September 22, 1998Baylon v. Fact-finding Intelligence, G.R. No. 150870, December 11, 2002Republic v. Kenrick Development, G.R. No. 149576, August 8, 2006Building Care Corp. v. Macaraeg, G.R. No. 198357, December 10, 2012Uy v. Chua, G.R. No. 183965, September 18, 2009Llamas v. Court of Appeals, G.R. No. 149588, August 16, 2010
RULE 2- CAUSE OF ACTION
Sec. 1. Ordinary civil actions, basis of
Turner v. Lorenzo Shipping, G.R. No. 157479, November 24, 2010
Sec. 2. Cause of action, defined
Heirs of Ypon v. Ricaforte, G.R. No. 198680, July 8, 2013Swagman Hotels v. Court of Appeals, G.R. No. 161135, April 8, 2005
Sec. 3. One suit for a single cause of action
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Joseph v. Bautista, G.R. No. L-41423, February 23, 1989Phil. Bank of Comm. v. Lim, G.R. No. 158138, April 12, 2005
Sec. 4. Splitting a single cause of action; effect of
Chua v. Metrobank, G.R. No. 182311, August 19, 2009Chu v. Spouses Cunanan, G.R. No. 156185, September 12, 2011Pantranco v. Standard Insurance, G.R. No. 140746, March 16, 2005Umale v. Canoga Park, G.R. No. 167246, July 20, 2011Spouses Plaza v. Lustiva, G.R. No. 172909, March 5, 2014Bayang v. Court of Appeals, G.R. No. L-53564, February 27, 1987De Larena v. Villanueva, G.R. No. L-29155, November 5, 1928Blossom & Company v. Manila Gas Corp., G.R. No. L-32958, November 8, 1930Danfoss v. Continental Cement, G.R. No. 143788, September 9, 2005Bank of America v. American Realty, G.R. No. 133876, December 29, 1999Allandale Sportsline v. Good Development Corp, G.R. No. 164521, December 18, 2008Enriquez v. Ramos, G.R. No. L-16797, February 27, 1963Tarnate v. Garcia, G.R. No. L-26266, December 29, 1972
Sec. 5. Joinder of causes of action
See: Sec. 6, Rule 3
Ada v. Baylon, G.R. No. 182435, August 13, 2012Pantranco v. Standard Insurance, G.R. No. 140746, March 16, 2005 (Supra.)Union Glass Corp. v. SEC, G.R. No. 64013, November 28, 1983Flores v. Hon. Mallare-Philipps, G.R. No. L-66620, September 24, 1986Genesis Investment v. Heirs of Ebarasabal, G.R. No. 181622, November 20, 2013Uniwide Holdings v. Cruz, G.R. No. 171456, August 9, 2007Unicapital v. Consing, G.R. Nos. 175277 & 175285, September 11, 2013Iniego v. Hon. Purganan, G.R. No. 166876, March 24, 2006Sec. 6, Rules of Procedure on Small Claims (A.M. 08-8-7-SC, October 27, 2009)
Sec. 6. Misjoinder of causes of action
Ada v. Baylon, G.R. No. 182435, August 13, 2012 (Supra.)
RULE 3- PARTIES TO CIVIL ACTIONS
Sec. 1. Who may be parties; plaintiff and defendant
Art. 44, Civil CodeArts. 1772 & 1768, Civil Code Secs. 21 & 122, Corporation CodeArt. 242 (5), Labor CodeSec. 15, Rule 2
-Estate of deceased (See: Limjoco v. Instestate Estate, G.R. No. L-770, April 27, 1948)-Roman Catholic church (See:Barlin vs. Ramirez, G.R. No. L-2832, Nov. 24, 1906)
Ventanilla Enterprises v. Hon. Lazaro, G.R. No. L-53856, August 21, 1980Chiang Kai Shek School v. Court of Appeals, G.R. No. 58028, April 18, 1989Sec. 1 (d) & (g), Rule 16
Sec. 2. Parties in interest
Stronghold Insurance v. Cuenca, G.R. No. 173297, March 6, 2013Mayor Dagdag v. Tongnawa, G.R. Nos. 161166-67, February 3, 2005Spouses Oco v. Limbaring, G.R. No. 161298, January 31, 2006Uy v. Court of Appeals, G.R. No. 120465, September 9, 1999Goco v. Court of Appeals, G.R. No. 157449, April 6, 2010Tampico v. Intermediate Appellate Court, G.R. No. 76225, March 31, 1992Salonga v. Warner, Barnes, G.R. No. L-2246, January 31, 1951Sec. 1 (g), Rules of Court
Sec. 3. Representatives as parties
Ang v. Ang, G.R. No. 186993, August 22, 2012Ching v. Court of Appeals, G.R. No. L-59731, January 11, 1990 (Supra.)
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MIA v. Rivera Village, G.R. No. 143870, September 30, 2005
Sec. 4. Spouses as parties
Carandang v. Heirs of de Guzman, G.R. No. 160347, November 29, 2006
Sec. 5. Minor or incompetent persons
Sec. 6. Permissive joinder of parties
Flores v. Hon. Mallare-Philipps, G.R. No. L-66620, September 24, 1986 (Supra.)
Sec. 7. Compulsory joinder of indispensable parties
Boston Equity v. Court of Appeals, G.R. No. 173946, June 19, 2013Malazarte v. Court of Appeals, G.R. No. 166519, March 31, 2009Quilatan v. Heirs of Quilatan, G.R. No. 183059, August 28, 2009Metrobank v. Hon. Alejo, G.R. No. 141970, September 10, 2001Guy v. Guy, G.R. No. 189486, September 5, 2012Monis v. Velasco, G.R. No. 169276, June 16, 2009
Sec. 8. Necessary party
Chua v. Torres, G.R. No. 151900, August 30, 2005Seno v. Mangubat, G.R. No. 44339, December 2, 1987Wee v. Castro, G.R. No. 176405, August 20, 2008Mayor of Parañaque v. Ebio, G.R. No. 178411, June 23, 2010
Sec. 9. Non-joinder of necessary parties to be pleaded
Carandang v. Heirs of de Guzman, G.R. No. 160347, November 29, 2006 (Supra.)
Sec. 10. Unwilling co-plaintiff
Emata v. IAC, G.R. No. L-72714, June 29, 1989
Sec. 11. Misjoinder and non-joinder of parties
Boston Equity v. Court of Appeals, G.R. No. 173946, June 19, 2013 (Supra.)Leonis Navigation v. Villamater, G.R. No. 179169, March 3, 2010 Heirs of Mesina v. Heirs of Fian, G.R. No. 201816, April 8, 2013
Sec. 12. Class suit
Juana Complex v. Fil-Estate Land, G.R. No. 152272, March 5, 2012Newsweek, Inc. v. IAC, G.R. No. L-63559, May 30, 1986Mathay v. Consolidated Bank, G.R. No. L-23136, August 26, 1974Borlasa v. Polistico, G.R. No. L-22909, January 28, 1925
Note: No class suit if interest of those who filed the action conflicts with those sought to be represented. (See: Ibañez v. Roman Catholic Church, 12 Phil. 227)
Llana v. NLRC, G.R. No. 111014, May 31, 1996
Sec. 13. Alternative Defendants
Insurance Company v. US Lines, G.R. No. L-21839 April 30, 1968
Sec. 14. Unknown identity or name of defendant
See: Sec. 14, Rule 14
Sec. 15. Entity without juridical personality as defendant
See: Sec. 8, Rule 14
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Sec. 16. Death of party; duty of counsel
Saligumba v. Palanog, G.R. No. 143365, December 4, 2008Hon. Sumaliag v. Spouses Literato, G.R. No. 149787, June 18, 2008Carandang v. Heirs of de Guzman, G.R. No. 160347, November 29, 2006 (Supra.)
Sec. 17. Death or separation of a party who is a public officer
Commissioner v. Jardin, G.R. No. 141834, July 30, 2007
Sec. 18. Incompetency or incapacity
Sec. 19. Transfer of Interest
Associated Bank v. Spouses Pronstroller, G.R. No. 148444, September 3, 2009
Sec. 20. Action on contractual and money claims
See: Sec. 5, Rule 86; Sec. 7, Rule 39
Gabriel v. Pagaygay, G.R. No. 146989, February 7, 2007
Sec. 21. Indigent party
Sec. 22. Notice to the Solicitor General
RULE 4- VENUE OF ACTIONS
Sec. 1. Venue of real actions
Fortune Motors v. Court of Appeals, G.R. No. 76431, October 16, 1989 (Supra.)Paglaum Management v. Union Bank, G.R. No. 179018, June 18, 2012Ochoa v. China Bank, G.R. No. 192877, March 23, 2011
Sec. 2. Venue of personal actions
Ang v. Ang, G.R. No. 186993, August 22, 2012 (Supra.)Araneta v. Court of Appeals, G.R. No. 154096, August 22. 2008Emergency Loan Pawnshop v. Court of Appeals, G.R. No. 129184, February 28, 2001Hyatt Elevators v. Goldstar, G.R. No. 161026, October 24, 2005
Sec. 3. Venue of actions against non-residents
Time, Inc. v. Reyes, G.R. No. L-28882, May 31, 1971
Sec. 4. When Rule not applicable
Union Bank v. Maunlad Homes, G.R. No. 190071, August 5, 2012Pilipino Telephone v. Tecson, G.R. No. 156966, May 7, 2004Ochoa v. China Bank, G.R. No. 192877, March 23, 2011 (Supra.)Republic v. Glasgow Credit, G.R. No. 170281, January 18, 2008
i. Except cases under the Rules on Summary Procedureii. Without prejudice of refilling in case of dismissal
RULE 5- UNIFORM PROCEDURE IN TRIAL COURTS
Sec. 1. Uniform procedure
Sec. 2. Meaning of terms
Revised Rule on Summary Procedure
Sec. De Lima v. Gatdula, G.R. No. 204528, February 19, 2013
Rule of Procedure for Small Claims Cases
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A.L. Ang v. Mondejar, G.R. No. 200804, January 22, 2014
RULE 6- KINDS OF PLEADINGS
Sec. 1. Pleadings defined
Sec. 2. Pleadings allowed
Sec. 3. Complaint
Sec. 4. Answer
See: Rule 8, Sec. 10 Rule 16, Sec. 6
PBCom v. Spouses Go, G.R. No. 175514, February 14, 2011BPI v. Spouses Royeca, G.R. No. 176664, July 21, 2008
Sec. 5. Defenses
See: Rule 8, Sec. 10 Rule 16, Sec. 6
PBCom v. Spouses Go, G.R. No. 175514, February 14, 2011 (Supra.)
Sec. 6. Counterclaim
Lafarge Cement v. Continental, G.R. No. 155173, November 23, 2004Yulienco v. Court of Appeals, G.R. No. 131692, June 10, 1999
Sec. 7. Compulsory Counterclaim
See: Rule 11, Sec. 8 Rule 9, Sec. 2
Lafarge Cement v. Continental, G.R. No. 155173, November 23, 2004 (Supra.)Mercado v. Court of Appeals, G.R. No. 169576, October 17, 2008Calibre Traders v. Bayer, G.R. No. 161431, October 13, 2010Dio v. Subic Bay, G.R. No. 189532, June 11, 2014Cabaero v. Hon. Cantos, G.R. No. 102942, April 18, 1997
Sec. 8. Cross-claim
See: Rule 9, Sec. 2
Hon. Ruiz v. Court of Appeals, G.R. No. 101566, August 17, 1992
Sec. 9. Counter-counterclaims and counter-crossclaims
Sec. 10. Reply
See: Rule 8, Sec. 8
Casent Realty v. Philbank, G.R. No. 150731, September 14, 2007
Sec. 11. Third (fourth, etc.)- party complaint
Capayas v. CFI, 43 Off. Gaz., 2071, 2074; 77 Phil., 181Allied Bank v. Court of Appeals, G.R. No. 123871, August 31, 1998Philtranco v. Court of Appeals, G.R. No. 161909, April 25, 2012
Sec. 12. Bringing new parties
Sec. 13. Answer to third (fourth, etc.)- party complaint
RULE 7- PARTS OF A PLEADING
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Sec. 1. Caption
Lorbes v. Court of Appeals, G.R. No. 139884, February 15, 2000
Sec. 2. The body
Phil. Charter v. PNC Corp., G.R. No. 185066, October 2, 2009Diona v. Balangue, G.R. No. 173559, January 7, 2013
Sec. 3. Signature and address
Navarro v. Jarson Development, G.R. No. 142627, January 28, 2008
Sec. 4. Verification
Jacinto v. Gumaru, G.R. No. 191906, June 2, 2014Mahinay v. Gako, G.R. No. 165338, November 28, 2011Vallacar v. Catubig, G.R. No. 175512, May 30, 2012Salvador v. Angeles, G.R. No. 171219, September 3, 2012Estel v. Diego, G.R. No. 174082, January 16, 2012Spoused Lim v. Court of Appeals, G.R. No. 192615, January 30, 2013Swedish Match v. Treasurer, v. G.R. No. 181277, July 3, 2013
Sec. 5.Certification against forum shopping
Spouses Plaza v. Lustiva, G.R. No. 172909, March 5, 2014 (Supra.)Mediserv v. Court of Appeals, G.R. No. 161368, April 5, 2010Jose v. Javellana, G.R. No. 158239, January 25, 2012 (Supra.)Barba v. Liceo de Cagayan, G.R. No. 193857, November 28, 2012Digital Microwave Corp. v. Court of Appeals, G.R. No. 128550, March 16, 2000Spouses Wee v. Galvez, G.R. No. 147394, August 11, 2004COA v. Paler, G.R. No. 172623, March 10, 2010
RULE 8- MANNER OF MAKING ALLEGATIONS IN PLEADINGS
Sec. 1. In general
See: Sec. 7, Rule 8
Salita v. Hon. Magtolis, G.R. No. 106429, June 13, 1994Bautista v. Court of Appeals, G.R. No. 143375, July 6, 2001Lucas v. Lucas, G.R. No. 190710, June 6, 2011
Sec. 2.Alternative causes of action or defenses
Sec. 3.Conditions precedent
Sec. 4.Capacity
Lorenzo Shipping v. Chubb, G.R. No. 147724, June 8, 2004
Sec. 5. Fraud, mistake, condition of the mind
Sec. 6.Judgment
Sec. 7.Action or defense based on document
Ledda v. BPI, G.R. No. 200868, November 21, 2012
Sec. 8.How to contest such documents
Hibberd v. Rhode, G.R. No. L-8418, December 9, 1915Equitable Card v. Capistrano, G.R. No. 180157, February 8, 2012
Sec. 9.Official document or act
12
Sec. 10.Specific denial
Asian Construction v. Sannaedle, G.R. No. 181676, June 11, 2014Camitan v. Court of Appeals, G.R. No. 128099, December 20, 2006
Sec. 11.Allegations not specifically denied deemed admitted
Worcester v. Lorenzana, G.R. No. L-9435, July 31, 1958Agaton v. Hon. Perez, G.R. No. L-19548, December 22, 1966GSIS v. Villaviza, G.R. No. 180291, July 27, 2010 (Supra.)Liam Law v. Olympic Sawmill, L-30771, May 26, 1984
Sec. 12.Striking out of pleading or matter contained therein
RULE 9- EFFECT OF FAILURE TO PLEAD
Sec. 1. Defenses and objections not pleaded
Boston Equity v. Court of Appeals, G.R. No. 173946, June 19, 2013 (Supra.)GSIS v. Villaviza, G.R. No. 180291, July 27, 2010 (Supra.)
Litis Pendentia
Spouses Marasigan v. Chevron, G.R. No. 184015, February 8, 2012Quito v. Stop & Save Corp., G.R. No. 186657, June 11, 2014Benavidez v. Salvador, G.R. No. 173331, December 11, 2013
Res Judicata
Heirs of Sotto v. Palicte, G.R. No. 159691, June 13, 2013Spouses Antonio v. Sayman, G.R. No. 149624, September 29, 2010
Sec. 2. Compulsory counterclaim, cross-claim, not set up barred
Sec. 3. Default; declaration of
See: Sec. 1, Rule 11
Mediserv v. Chinabank, G.R. No. 140755, April 17, 2001Spouses de los Santos v. Hon. Carpio, G.R. No. 153696, September 11, 2006Martinez v. Republic, G.R. No. 160895, October 30, 2006Heirs of Medrano v. De Vera, G.R. No. 165770, August 9, 2010
RULE 10- AMENDED AND SUPPLEMENTAL PLEADINGS
Sec. 1. Amendments in general
See: Sec. 5, Rule 1
Wallem v. S.R. Farms, G.R. No. 161849, July 9, 2010Spouses Dionisio v. Linsangan, G.R. No. 178159, March 2, 2011
Sec. 2. Amendments as a matter of right
Araneta v. Court of Appeals, G.R. No. 154096, August 22. 2008 (Supra.)Sante v. Hon. Claravall, G.R. No. 173915, February 22, 2010
Sec. 3. Amendments by leave of court
Tiu v. PBCOm, G.R. No. 151932, August 19, 2009Philippine Ports Authority v. WGA, G.R. No. 158401, January 28, 2008
Sec. 4. Formal amendments
Sec. 5. Amendment to conform to or authorize presentation of evidence
13
Azolla Farms v. Court of Appeals, G.R. No. 138085, November 11, 2004Spouses Dela Cruz v. Concepcion, G.R. No. 172825, October 11, 2012
Sec. 6. Supplemental pleadings
Delbros Hotel v. IAC, G.R. No. L-72566, April 12, 1988Barba v. Liceo de Cagayan, G.R. No. 193857, November 28, 2012
Sec. 7. Filing of amended pleadings
Sec. 8. Effect of amended pleadings
Air Ads v. TADECO, G.R. No. 160736, March 23, 2011
RULE 11- WHEN TO FILE RESPONSIVE PLEADINGS
Sec. 1. Answer to complaint
See: Secs. 1-2, Rule 22
Atty. Fernandez v. Court of Appeals, G.R. No. 131094, May 16, 2005Victoria v. Court of Appeals, G.R. No. 147550, January 26, 2005
Sec. 2. Answer of a defendant foreign private juridical entity
Sec. 3. Answer to amended complaint
Sec. 4. Answer to counterclaim or cross-claim
Sec. 5. Answer to third (fourth, etc.)-party complaint
Sec. 6. Reply
Sec. 7. Answer to supplemental complaint
Sec. 8. Existing counterclaim or cross-claim
Sec. 9. Counterclaim or cross-claim arising after answer
Sec. 10. Omitted counterclaim or cross-claim
Sec. 11. Extension of time to plead
RULE 12- BILL OF PARTICULARS
Sec. 1. When applied for purpose
Republic v. Sandiganbayan, G.R. No. 148154, December 17, 2007Salita v. Hon. Magtolis, G.R. No. 106429, June 13, 1994 (Supra.)
Sec. 2. Action by the court
Sec. 3. Compliance with order
Sec. 4. Effect of non-compliance
Sec. 5. Stay of period to file responsive pleading
Sec. 6. Bill a part of pleading
RULE 13- FILING AND SERVICE OF PLEADINGS, JUDGMENTS AND OTHER PAPERS
Sec. 1.Coverage
Sec. 2. Filing and service, defined
14
Garrucho v. Court of Appeals, G.R. No. 143791, January 14, 2005Phil. Radiant Products v. Metrobank, G.R. No. 163569, December 9, 2005Grand v. Court of Appeals, G.R. No. 142358, January 31, 2006Salting v. Velez, G.R. No. 181930, January 10, 2011
Sec. 3. Manner of filing
Russel v. Austria, G.R. No. 184542, April 23, 2010Heirs of Miranda v. Miranda, G.R. No. 179638, July 8, 2013PNB v. CIR, G.R. No. 172458, December 14, 2011
Sec. 4. Papers required to be filed and served
See: Sec. 1, Rule 36
Sec. 5. Modes of service
Aberca v. Ver, G.R. No. 166216, March 14, 2012
Sec. 6. Personal service
Garrucho v. Court of Appeals, G.R. No. 143791, January 14, 2005 (Supra.)
Sec. 7. Service by mail
Sec. 8. Substituted service
Thermochem v. Naval, G.R. No. 131541, October 20, 2000Cubar v. Mendoza, G.R. No. 55035, February 23, 1983Garrucho v. Court of Appeals, G.R. No. 143791, January 14, 2005 (Supra.)Mojar v. Agro Commercial Security, G.R. No. 187188, June 27, 2012
Sec. 9. Service of judgments, final orders, or resolutions
Aberca v. Ver, G.R. No. 166216, March 14, 2012 (Supra.)
Sec. 10. Completeness of service
Bernarte v. PBA, G.R. No. 192084, September 14, 2011
Sec. 11. Priorities in modes of service and filing
Solar Entertainment v. Ricafort, G.R. No. 132007, August 5, 1998Russel v. Austria, G.R. No. 184542, April 23, 2010 (Supra.)Lim v. NPC, G.R. No. 178789, November 14, 2012
Sec. 12. Proof of filing
Sec. 13. Proof of service
Spouses Dela Cruz v. Ramiscal, G.R. No. 137882, February 4, 2005Po v. DOJ, G.R. No. 195198, February 11, 2013PNB v. CIR, G.R. No. 172458, December 14, 2011 (Supra.)
Sec. 14. Notice of lis pendens
Cunanan v. Jumping Jap, G.R. No. 173834, April 24, 2009Gagoomal v. Spouses Villacorta, G.R. No. 192813, January 18, 2012
RULE 14- SUMMONS
Sec. 1. Clerk to issue summons
Optima Realty v. Hertz Phils., G.R. No. 183035, January 9, 2013
Sec. 2. Contents
15
Sec. 3. By whom served
Sec. 4. Return
Sec. 5. Issuance of alias summons
Sec. 6. Service on person of defendant
Planters Development Bank v. Chandumal, G.R. No. 195619, September 5, 2012Oaminal v. Castillo, G.R. No. 152776, October 8, 2003Macasaet v. Co, G.R. No. 156759, June 5, 2013
Sec. 7. Substituted service
Planters Development Bank v. Chandumal, G.R. No. 195619, September 5, 2012 (Supra.)Macasaet v. Co, G.R. No. 156759, June 5, 2013 (Supra.)Gentle Supreme v. Consulta, G.R. No. 183182, September 1, 2010Leah Palma v. Hon. Galvez, G.R. No. 165273, March 10, 2010Sagana v. Francisco, G.R. No. 161952, October 2, 2009Robinson v. Miralles, G.R. No. 163584, December 12, 2006Chu v. Mach Asia, G.R. No. 184333, April 1, 2013
Sec. 8. Service upon entity without juridical personality
Sec. 9. Service upon prisoners
Sec. 10. Service upon minors and incompetents
Sec. 11. Service upon domestic private juridical entity
B.D. Long-Span Builders v. R.S. Ampeloquio, G.R. No. 169919, September 11, 2009Tung Ho Steel v. Ting Guan, G.R. No. 182153, April 7, 2014Cathay Metal v. Laguna West, G.R. No. 172204, July 2, 2014
Sec. 12. Service upon foreign private juridical entities
See: A.M. No. 11-3-6, March 15, 2011
Atiko Trans v. Prudential Guarantee, G.R. No. 167545, August 17, 2011NM Rothschild v. Lepanto, G.R. No. 175799, November 28, 2011
Sec. 13. Service upon public corporations
Sec. 14. Service upon defendant whose identity or whereabouts are unknown
Pua v. Deyto, G.R. No. 173336, November 26, 2012Cathay Metal v. Laguna West, G.R. No. 172204, July 2, 2014 (Supra.)
Sec. 15. Extraterritorial service
NM Rothschild v. Lepanto, G.R. No. 175799, November 28, 2011 (Supra.)Acance v. Court of Appeals, G.R. No. 159699, March 16, 2005Spouses Jose v. Spouses Boyon, G.R. No. 147369, October 23, 2003
Sec. 16. Residents temporarily out of the Philippines
Leah Palma v. Hon. Galvez, G.R. No. 165273, March 10, 2010 (Supra.)Montefalcon v. Vasquez, G.R. No. 165016, June 17, 2008Belen v. Belen, G.R. No. 175334, March 26, 2008
Sec. 17. Leave of court
Sec. 18. Proof of service
Sec. 19. Proof of service by publicationAcance v. Court of Appeals, G.R. No. 159699, March 16, 2005
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Sec. 20. Voluntary appearance
Note: The following cases were already assigned on page 5 of the syllabus.
Herrera-Felix v. Court of Appeals, G.R. No. 143736, August 11, 2004JAPRIL Dev. Corp. v. Security Bank, G.R. No. 190107, June 6, 2011Rapid City Realty v. Villa, G.R. No. 184197, February 11, 2010Allan Co v. Cordero, G.R. No. 164703, May 4, 2010Lhuillier v. British Airways, G.R. No. 171092, March 15, 2010Rodriguez vs. Alikpala, G.R. No. L-38314, June 25, 1974
RULE 15- MOTIONS
Sec. 1. Motion defined
Sec. 2. Motions must be in writing
Sec. 3.Contents
Sec. 4. Hearing of motion
Anama v. Phil. Savings Bank, G.R. No. 187021, January 25, 2012 (Supra.)
Sec. 5. Notice of hearing
Anama v. Phil. Savings Bank, G.R. No. 187021, January 25, 2012 (Supra.)Tan v. Court of Appeals, G.R. No. 130314, September 22, 1998 (Supra.)
Sec. 6. Proof of service necessary
Sec. 7. Motion day
Sec. 8. Omnibus motion
Tung Ho Steel v. Ting Guan, G.R. No. 182153, April 7, 2014 (Supra.)
Sec. 9. Motion for leave
Sec. 10. Form
RULE 16- MOTION TO DISMISS
Sec. 1. Grounds.
See: Sec. 1, Rule 9
Obando v. Figueras, G.R. No. 134854, January 18, 2000
No jurisdiction over defendant
See: Sec. 20, Rule 14
Planters Development Bank v. Chandumal, G.R. No. 195619, September 5, 2012 (Supra.)
Carandang v. Heirs of de Guzman, G.R. No. 160347, November 29, 2006 (Supra.)
No jurisdiction over the subject matter
Allied Domecq Phil. v. Hon. Villon, G.R. No. 156264, September 30, 2004 (Supra.)Republic v. Bantigue Point Development, G.R. No. 162322, March 14, 2012 (Supra.)Tijam v. Sibonghanoy, L-21450, April 15, 1968 (Supra.)
Improper Venue
See: Rule 4
17
Sec. 4, A.M. No. 02-11-10-SC, March 4, 2003
Universal Robina v. Lim, G.R. No. 154338, October 5, 2007
No legal capacity to sue
Evangelista v. Santiago, G.R. No. 157447, April 29, 2005B. Van Zuiden v. GTVL Manufacturing, G.R. No. 147905, May 28, 2007
Litis Pendentia
Spouses Marasigan v. Chevron, G.R. No. 184015, February 8, 2012 (Supra.)Quito v. Stop & Save Corp., G.R. No. 186657, June 11, 2014 (Supra.)Benavidez v. Salvador, G.R. No. 173331, December 11, 2013 (Supra.)
Res Judicata
Heirs of Sotto v. Palicte, G.R. No. 159691, June 13, 2013 (Supra.)Spouses Antonio v. Sayman, G.R. No. 149624, September 29, 2010 (Supra.)
Prescription/Statute of Limitations
Marquez v. Baldoz, G.R. No. 143779, April 4, 2003
States no cause of action
Lucas v. Lucas, G.R. No. 190710, June 6, 2011 (Supra.)Lazaro v. Brewmaster, G.R. No. 182779, August 23, 2010NM Rothschild v. Lepanto, G.R. No. 175799, November 28, 2011 (Supra.)Evangelista v. Santiago, G.R. No. 157447, April 29, 2005 (Supra.)
Paid, Waived, Abandoned, Extinguished
Star Two v. Ko, G.R. No. 185454, March 23, 2011Urethane v. Ong, G.R. No. 164632, October 29, 2008Fernando v. Acuna, G.R. No. 161030, September 14, 2011
Unenforceable
See: Art. 1403, Civil Code
Failure to comply with condition precedent
a) Exhaustion of Administrative Remediesb) Earnest Efforts toward amicable settlement- Art. 151, Family Codec) Certification of Non-Forum Shoppingd) Payment of Docket Feee) Demand to vacate/payment of rental- Sec. 2, Rule 70f) Alternative Dispute Resolutiong) Referral to Katarungang Pambarangay
Secs. 399-422, 15, Local Government Code SC Admin. Circular 1493
Morata v. Go, 125 SCRA 444 (1983)Uy v. Contreras, 237 SCRA 167 (1994)Wingarts v. Mejia, A.M. No. MTJ-94-1012 March 20, 1995Mendova v. Afable, A.M. No. MTJ-02-1402, 4 December 2002Aquino v. Aure, 546 SCRA 71 (2008)Pang-et v. Manacnes-dao-as, G.R. No. 167261, March 2, 2007Agbayani v. Court of Appeals, G.R. No. 183623, June 25, 2012
Sec. 2. Hearing of motion.
Sec. 3. Resolution of the motion.
Sec. 4. Time to plead.
18
Sec. 5. Effect of dismissal
NM Rothschild v. Lepanto, G.R. No. 175799, November 28, 2011 (Supra.)
Sec. 6. Pleading grounds as affirmative defenses
RULE 17- DISMISSAL OF ACTIONS
Sec. 1. Dismissal upon notice by plaintiff
Dael v. Spouses Beltran, G.R. No. 156470, April 30, 2008Go v. Curz, G.R. No. L-58986, April 17, 1989
Sec. 2. Dismissal upon motion of plaintiff
Sec. 3. Dismissal due to fault of plaintiff
AFPRSBS v. Republic, G.R. No. 188956, March 20, 2013Phil. Charter v. Explorer Machine, G.R. No. 175409, September 7, 2011Republic v. Enriquez, G.R. No. 181458, March 20, 2013Shimizu Philippines v. Magasalin, G.R. No. 170026, June 2012Quintos v. Nicolas, G.R. No. 210252, June 16, 2014
Sec. 4. Dismissal of counterclaim, cross-claim, or third-party complainant
RULE 18- PRE-TRIAL
Sec. 1. When conducted
See: A.M. No. 03-1-09-SC
Sarmiento v. Juan, G.R. No. 56605, January 28, 1983Eloisa Merchandising v. Banco de Oro, G.R. No. 192716, June 13, 2012Espiritu v. Lazaro, G.R. No. 181020, November 25, 2009Paranque Kings v. Santos, G.R. No. 194638, July 2, 2014Corpus v. Hon. Ochotorena, A.M. No. RTJ-04-1861, July 30, 2004
Sec. 2. Nature and Purpose
Suico Industrial Corp., v. Hon. Yap, G.R. No. 177711, September 5, 2012
Sec. 3. Notice of pre-trial
Sec. 4. Appearance of parties
Absolute Management v. Metrobank, G.R. No. 190277, July 23, 2014Suico Industrial Corp., v. Hon. Yap, G.R. No. 177711, September 5, 2012 (Supra.)
Sec. 5. Effect of failure to appear
Chingkoe v. Republic, G.R. No. 183608, July 31, 2013Durban Apartments v. Pioneer, G.R. No. 179419, January 12, 2011
Sec. 6. Pre-trial brief
BPI v. Dando, G.R. No. 177456, September 4, 2009Benavidez v. Salvador, G.R. No. 173331, December 11, 2013
Sec. 7. Record of pre-trial
See: Rule 10, Sec. 5, Rules of CourtRule 18, Sec. 7, Rules of Court
Lazo v. Republic Surety, G.R. No. L-27365, January 30, 1970 (Supra.)Buce v. Court of Appeals, G.R. No. 136913, May 12, 2000 (Supra.)Mercader v. DBP, G.R. No. 130699, May 12, 2000 (Supra.)
19
RULE 19- INTERVENTION
Sec. 1. Who may intervene
Ongco v. Dalisay, G.R. No. 190810, July 18, 2012
Sec. 2. Time to intervene
Big Country Ranch v. Court of Appeals, G.R. No. 102927, October 12, 1993Quinto v. Comelec, G.R. No. 189698, February 22, 2010
Sec. 3. Pleadings-in-intervention
Sec. 4. Answer to complaint-in-intervention
Lim v. Napocor, G.R. No. 178789, November 14, 2012Metrobank v. Raycor Aircontrol, G.R. No. 89909, September 21, 1990Big Country Ranch v. Court of Appeals, G.R. No. 102927, October 12, 1993 (Supra.)
RULE 20- CALENDAR OF CASES
Sec. 1. Calendar of cases
Sec. 2. Assignment of cases
RULE 21- SUBPOENA
Sec. 1. Subpoena and subpoena duces tecum
Sec. 2. By whom issued
Sec. 3. Form and contents
H.C. Liebnow v. Phil. Vegetable Oil Co., G.R. No. L-13463, November 9, 1918Lozada v. Arroyo, G.R. Nos. 184379-80, April 24, 2012
Sec. 4. Quashing of subpoena
Lee v. Court of Appeals, G.R. No. 177861, July 13, 2010
Sec. 5. Subpoena for depositions
Sec. 6. Service
Sec. 7. Personal appearance in court
Sec. 8. Compelling attendance
Sec. 9. Contempt
Sec. 10. Exceptions
RULE 22- COMPUTATION OF TIME
Sec. 1. How to compute time
Sec. 2. Effect of interruption
RULE 23- DEPOSITIONS PENDING ACTION
Sec. 1. Depositions pending action, when may be taken
Dasmarinas Garment v. Reyes, G.R. No. 108229,August 24, 1993San Luis v. Hon. Rojas, G.R. No. 159127, March 3, 2008Republic v. Sandiganbayan, G.R. No. 112710, May 30, 2001
20
Sec. 2. Scope of examination
Fortune Corp. v. Court of Appeals, G.R. No. 108119, January 19, 1994
Sec. 3. Examination and cross-examination
Sec. 4. Use of depositions
San Luis v. Hon. Rojas, G.R. No. 159127, March 3, 2008 (Supra.)Sales v. Sabino, G.R. No. 133154, December 9, 2005Landoil v. Spouses Mangudadatu, G.R. No. 155010, August 16, 2004Republic v. Sandiganbayan, G.R. No. 152375, December 16, 2011
Sec. 5. Effect of substitution of parties
Sec. 6. Objections to admissibility
Sec. 7. Effect of taking depositions
Sec. 8. Effect of using depositions
Sec. 9. Rebutting deposition
Sec. 10. Persons before whom deposition may be taken within the Philippines
Sec. 11. Persons before whom depositions may be taken in foreign countries
Sec. 12. Commission or letters rogatory
Dulay v. Dulay, G.R. No. 158857, November 11, 2005
Sec. 13. Disqualification by interest
Sec. 14. Stipulations regarding taking of depositions
Sec. 15. Deposition upon oral examination; notice; time and place
Sec. 16. Orders for the protection of parties and deponents
Northwest Airlines v. Cruz, G.R. No. 137136, November 3, 1999
Sec. 17. Record of examination, oath; objections
Isabela Sugar Co. v. Macadaeg, G.R. No. L-5924. October 28, 1953
Sec. 18. Motion to terminate or limit examination
Isabela Sugar Co. v. Macadaeg, G.R. No. L-5924. October 28, 1953
Sec. 19. Submission to witness; changes; signing
Ayala Land v. Tagle, G.R. No. 153667, August 11, 2005
Sec. 20. Certification, and filing by officer
Sec. 21. Notice of filing
Sec. 22. Furnishing copies
Sec. 23. Failure to attend of party giving notice
Sec. 24. Failure of party giving notice to serve subpoena
Sec. 25. Deposition upon written interrogatories; service of notice and of interrogatories
San Luis v. Hon. Rojas, G.R. No. 159127, March 3, 2008 (Supra.)
21
Sec. 26. Officers to take responses and prepare record
Sec. 27. Notice of filing and furnishing copies
Sec. 28. Order for the protection of parties and deponents
Sec. 29. Effect of errors and irregularities in depositions
Sales v. Sabino, G.R. No. 133154, December 9, 2005 (Supra.)
RULE 24- DEPOSITIONS BEFORE ACTION OR PENDING APPEAL
Sec. 1. Depositions before action; petition
Sec. 2. Contents of petition
Sec. 3. Notice and service
Sec. 4. Order and examination
Sec. 5. Reference to court
Sec. 6. Use of deposition
Sec. 7. Depositions pending appeal
RULE 25- INTERROGATORIES TO PARTIES
Sec. 1. Interrogatories to parties, service thereof
Briboneria v. Court of Appeals, G.R. No. 101682, December 14, 1992
Sec. 2. Answer to interrogatories
Sec. 3. Objections to interrogatories
Sec. 4. Number of interrogatories
Sec. 5. Scope and use of interrogatories
Sec. 6. Effect of failure to serve written interrogatories
Spouses Afulugencia v. Metrobank, G.R. No. 185145, February 5, 2014
RULE 26- ADMISSION BY ADVERSE PARTY
Sec. 1. Request for admission
Briboneria v. Court of Appeals, G.R. No. 101682, December 14, 1992PSCFC Financial Corp. v. Court of Appeals, G.R. No. 106094, December 28, 1992Lanada v. Court of Appeals, G.R. No. 102390, February 1, 2002
Sec. 2. Implied admission
Metro Manila Shopping v. Toledo, G.R. No. 190818, June 5, 2013Limos v. Spouses Odones, G.R. No. 186979, August 11, 2010
Sec. 3. Effect of admission
Sec. 4. Withdrawal
Sec. 5. Effect of failure to file and serve request for admission
RULE 27- PRODUCTION OR INSPECTION OF DOCUMENTS OR THINGSSec. 1. Motion for production or inspection; order
22
Security Bank Corporation v. Court of Appeals, G.R. No. 135874, January 25, 2000Solidbank v. Gateway Electronics, G.R. No. 164805, April 30, 2008Capitol Hills v. Sanchez, G.R. No. 182738, February 24, 2014Eagleridge Dev. Corp. v. Cameron Granville, G.R. No. 204700, April 10, 2013
RULE 28- PHYSICAL AND MENTAL EXAMINATION OF PERSONS
Sec. 1. When examination may be ordered
Sec. 2. Order for examination
Sec. 3. Report of findings
Sec. 4. Waiver of privilege
RULE 29- REFUSAL TO COMPLY WITH MODES OF DISCOVERY
Sec. 1. Refusal to answer
Republic v. Sandiganbayan, G.R. No. 188881, April 21, 2014Jaravata v. Kuhail, G.R. No. 154988, June 21, 2007Capitol Hills v. Sanchez, G.R. No. 182738, February 24, 2014 (Supra.)
Sec. 2. Contempt of court
Sec. 3. Other consequences
Spouses Zepeda v. Chinabank, G.R. No. 172175, October 9, 2006Solidbank v. Gateway Electronics, G.R. No. 164805, April 30, 2008 (Supra.)Capitol Hills v. Sanchez, G.R. No. 182738, February 24, 2014 (Supra.)
Sec. 4. Expenses on refusal to admit
Sec. 5. Failure of party to attend or serve answers
Insular Life v. Court of Appeals, G.R. No. 97654, November 14, 1994Jaravata v. Kuhail, G.R. No. 154988, June 21, 2007 (Supra.)Spouses Zepeda v. Chinabank, G.R. No. 172175, October 9, 2006 (Supra.)Arellano v. CIR, G.R. No. L-34897, July 15, 1975
Sec. 6. Expenses against the Republic of the Philippines
RULE 30- TRIAL
Sec. 1. Notice of Trial
Acosta v. People, L-17427, July 31, 1962
Sec. 2. Adjournments and postponements
See: Sec. 16, Art. III, 1987 Constitution
Mari v. Gonzales, G.R. No. 187728, September 12, 2011Republic v. Sandiganbayan, G.R. No. 123997, January 20, 1999Acuzar v. Hon. Ocampo, A.M. No. MTJ-02-1396, March 15, 2004
Sec. 3. Requisites of motion to postpone trial for absence of evidence
Republic v. Sandiganbayan, G.R. No. 123997, January 20, 1999 (Supra.)
Sec. 4. Requisites of motion to postpone trial for illness of party or counsel
Sec. 5. Order of Trial
See: Sec. 2, Rule 31; Sec. 5, Rule 10; Sec. 7, Rule 18
23
A.M. No. 12-8-8-SC or Judicial Affidavit Rule OCA Circula No. 05-2013,
Sec. 6. Agreed statement of facts
Sec. 7. Statement of judge
Sec. 8. Suspension of actions
See: Art. 2030, Civil Code
Goldloop Properties v. Court of Appeals, G.R. No. 99431, August 11, 1992
Sec. 9. Judge to receive evidence; delegation to the clerk of court
RULE 31- CONSOLIDATION OR SEVERANCE
Sec. 1. Consolidation
See: Sec. 6, Rule 3
Unicapital v. Consing, G.R. Nos. 175277 & 175285, September 11, 2013 (Supra.)Phil. Savings Bank v. Mañalac, G.R. No. 145441, April 26, 2005Yu v. Basilio, G.R. No. 138701-02, October 17, 2006
Sec. 2.Separate Trial
RULE 32- TRIAL BY COMMISSIONER
Sec. 1. Reference by consent
See: Provisions of A.M. No. 09-6-8-SC or Rules of Procedure for Environmental Cases Rule 3, Sec. 2 (e), Sec. 6 (k); Rule 5, Sec. 4; Rule 8, Sec. 7;
Sec. 2. Reference ordered on motion
Heirs of Pabaus v. Heirs of Yutiamco, G.R. No. 164356, July 27, 2011
Sec. 3. Order of reference; powers of the commissioner
Sec. 4. Oath of commissioner
Sec. 5. Proceedings before commissioner
Sec. 6. Failure of parties to appear before commissioner
Sec. 7. Refusal of witness
Sec. 8. Commissioner shall avoid delays
Sec. 9. Report of commissioner
Sec. 10. Notice to parties of the filing of the report
Sec. 11. Hearing upon report
Sec. 12. Stipulations as to findings
Sec. 13. Compensation of commissioner
RULE 33- DEMURRER TO EVIDENCE
Sec. 1. Demurrer to Evidence
Gonzales v. Bugaay, G.R. No. 173008, February 22, 2012Uy v. Ngo Chua, G.R. No. 183965, September 18, 2009
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Enjoas v. Comelec, G.R. No. 129938, December 12, 1997Capitol Sawmill v. Chua Gaw, G.R. No. 187843, June 9, 2014
RULE 34- JUDGMENT ON THE PLEADINGS
Sec. 1. Judgment on the pleadings
Asian Construction v. Sannaedle, G.R. No. 181676, June 11, 2014PNB v. Aznar, G.R. No. 171805, May 30, 2011Municipality of Tiwi v. Betito, G.R. No. 171873, July 9, 2010
RULE 35- SUMMARY JUDGMENTS
Sec. 1. Summary judgment for claimant
Nocom v. Camerino, G.R. No. 182984, February 10, 2009Spouses Villuga v. Kelly Hardware, G.R. No. 176570, July 18, 2012Phil. Business Bank v. Chua, G.R. No. 178899, November 15, 2010Bungcayao v. Fort Ilocandia, G.R. No. 170483, April 19, 2010
Sec. 2. Summary judgment for defending party
Smart v. Aldecoa, G.R. No. 166330, September 11, 2013
Sec. 3. Motion and proceedings thereon
Sec. 4. Case not fully adjudicated on motion
Phil. Business Bank v. Chua, G.R. No. 178899, November 15, 2010 (Supra.)
Sec. 5. Form of affidavits and supporting papers
Sec. 6. Affidavits in bad faith
RULE 36- JUDGMENTS, FINAL ORDERS AND ENTRY THEREOF
Sec. 1. Rendition of judgments and final orders
See: Sec. 14, Art. VIII, 1987 Constitution
Gotamco v. Chan Seng, G.R. No. L-22737, November 28, 1924Jose v. Javellana, G.R. No. 158239, January 25, 2012 (Supra.)Calderon v. Roxas, G.R. No. 185595, January 9, 2013Nazareno v. Court of Appeals, G.R. No. 111610, February 27, 2002Re: Hon. Suan, A.M. RTJ-04-1849, September 20, 2004UP v. Hon. Dizon, G.R. No. 171182, August 23, 2010Amovit v. Court of Appeals, G.R. No. 154559, October 5, 2011
Sec. 2. Entry of judgments and final orders
Abrigo v. Flores, G.R. No. 160786, June 17, 2013
Sec. 3. Judgment for or against one or more several parties
Sec. 4. Several judgments
Fernando v. Santamaria, G.R. No. 160730, December 10, 2004Heirs of Bang v. Sy, G.R. No. 114217, October 13, 2009
Sec. 5. Separate judgments
Marcos v. Republic, G.R. No. 189434, March 12, 2014Associated Anglo-American v. Court of Appeals, G.R. No. 167237, April 23, 2010
Sec. 6. Judgment against entity without juridical personality
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