Civil Procedure Syllabus Latest (10)

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


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


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)


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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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)


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


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


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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


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


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


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


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

16

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


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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