Civil Procedure Syllabus Latest (8)

RULES OF CIVIL PROCEDURE2nd Semester 2014-2015

Atty. Amando Virgil D. Ligutan

I. GENERAL PRINCIPLESA. Remedial Law

Bustos v. Lucero, G.R. No. L-2068, October 20, 1948

Primicias v. Ocampo, G.R. No. L-6120, June 30, 1953Neypes v. Court of Appeals, G.R. No. 141524, September 14, 2005

Alvero v. de la Rosa, G.R. No. L-286, March 29, 1946

Basic Concepts

i. Meaning of procedural lawJose v. Javellana, G.R. No. 158239, January 25, 2012ii. 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 rulesPanay Railways, Inc. v. Heva Management, G.R. No. 154061, January 25, 2012

iv. Exceptions to the retroactive application of procedural rulesTan v. Court of Appeals, G.R. No. 136368, January 16, 2002v. Fresh-Period Rule

Neypes v. Court of Appeals, G.R. No. 141524, September 14, 2005B. Philippine Courts1. 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, 2013

See: U.S. v. Tamparong, 31 Phil. 321 (1915)

3. Classification

a) Constitutional and Statutory

b) Civil and Criminalc) Inferior and Superior 4. Hierarchy of Courts

Rayos v. City of Manila, G.R. No. 196063, December 14, 2011

United Claimants Assoc. v. NEA, G.R. No. 187107, January 31, 2012

Ernesto Dy v. Hon. Palamos, G.R. No. 196200, September 11, 2013

C. Jurisdiction of Different CourtsA. Key Principlesi. Jurisdiction- Definition

Home Guaranty Corp. v. R-11 Builders, G.R. No. 192649, March 9, 2011ii. Jurisdiction v. VenueDavao Light v. Court of Appeals, G.R. No. 111685, August 20, 2001

Nocum v. Lucio Tan, G.R. No. 145022, September 23, 2005

iii. Determined by the allegations in the complaintPadlan v. Dinglasan, G.R. No. 180321, March 20, 2013

iv. Residual power/jurisdiction

Gonzales v. QuiricoPe, G.R. No. 167398, August 9, 2011v. Doctrine of primary jurisdictionBagunu v. Spouses Aggabao, G.R. No. 186487, August 15, 2011Omictin v. Court of Appeals, G.R. No. 148004, January 22, 2007

Euro-Med Laboratories v. Province of Batangas, G.R. No. 148106, July 17, 2006Agra, et al v. COA, G.R. No. 167807, December 6, 2011

Spouses Fajardo v. Flores, G.R. No. 167891, January 15, 2010vi. 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, 2010vii. Doctrine of non-interference or judicial stabilityCabili v. Hon. Balindong, A.M. No. RTJ-10-22252, September 6, 2011

Villamor v. Salas, G.R. No. 101041, November 13, 1991viii. Lack of jurisdiction- raised at earliest possible opportunity

Heirs of Marasigan v. Marasigan, G.R. No. 156078, March 14, 2008

Tijam 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, 2011x. Objection to jurisdiction over a party; holding out theory or doctrine of ostensible agencyMegan Sugar Corp. v. RTC of Iloilo, G.R. No. 170352, June 1, 2011xi. Payment of filing/docket fees- jurisdictionalManchester Development v. Court of Appeals, G.R. No. 75919, May 7, 1987

Nestle Phils. v. FY Sons, G.R. No. 150780, May 5, 2006

Sun Insurance v. Asuncion, G.R. Nos. 79937-38, February 13, 1989

Phil. First Insurance v. Paramount Gen. Insurance, G.R. No. 165147, July 9, 2008

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

B. Kinds of Jurisdiction

B.P. 129 as amended, R.A. 7691, R.A. 7902

a. General JurisdictionRegional Trial Court

Durisol Phil. v. Court of Appeals, G.R. No. 121106, February 20, 2002

b. Special or Limited JurisdictionSandiganbayan

Court of Tax Appeals

Shariah District Court

Also: Regional Trial Court- Family Courts, Probate Court-

Metropolitan Trial Court, Municipal Trial Court,

Municipal Circuit Court

c. Original Jurisdictioni. Supreme CourtSec. 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. 129

Petition for writ of Amparo (A.M. No. 07-9-12-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 judgment

Petition 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. 129

Petition for writ of Amparo (A.M. No. 07-9-12-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. ShariahDistric Court

Art. 413, par. 2, P.D. 1083

d. Appellate Jurisdictioni. Supreme Court

Sec. 5., par. 2, Art. VIII, 1987 Constitution

Rule 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. 129

Rule 41, Sec. 2, a, Rules of Court

Rule 42, Rules of Court



Sec. 22, B.P. 129


iv. ShariahDistric Court

Art. 144 P.D. 1083e. Exclusive Jurisdictionf. Exclusive Original Jurisdictioni. Supreme Court

Petition for Certiorari, Prohibition, Mandamus against judgment, final order and resolutions of:

a) Court of Appealsb) Sandiganbayan

c) Court of Tax Appeals

d) COMELEC

e) Commission on Audit

f) Ombudsman (criminal cases)

ii. Court of AppealsPetition for Certiorari, Prohibition, Mandamus against:

a) Regional Trial Court- decisions, final orders, resolutionb) National Labor Relations Commission- decisions, final orders, resolution

c) Secretary of Labor and Employment in the exercise of its appellate jurisdiction on decisions, final orders of:

1) POEA Administrator

2) National Wage Productivity Commission

3) 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. 8799

As Special Agrarian Court in the determination of just compensation

Annulment of MTC Judgment

Civil Cases for Copyright Infringement/Unfair Competition

Family Law cases

Civil Forfeiture of Proceeds of Money Laundering offenses

iv. Shariah District Court

Art. 413, P.D. 1083

Settlement of Estate of Deceased Muslims

Montaner v. Shariah 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 amendedg. Concurrent/Confluent/Coordinate i. Supreme Court and Regional Trial Court

Civil actions involving ambassadors, public ministers, consuls

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, 1969ii.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, 2011

CREBA v. DAR Secretary, G.R. 183409, June 18, 2010

Also- Hierarchy of Court doctrine (Supra.)

h. Territorial JurisdictionC. Manner of Acquiring Jurisdictiona. Over Subject MatterAllied Domecq Phil. v. Hon. Villon, G.R. No. 156264, September 30, 2004

Padlan v. Dinglasan, G.R. No. 180321, March 20, 2013

Guy v. Court of Appeals, G.R. No. 165849, December 10, 2007

Barayuga v. Adventist University, G.R. No. 168008, August 17, 2011

City of Dumaguete v. Philippine Ports Authority, G.R. No. 168973, August 24, 2011

Republic v. Bantigue Point Development, G.R. No. 162322, March 14, 2012b. Over the CasePeople of the Philippines v. Hon. Garfin, G.R. No. 153176, March 29, 2004

c. Over the IssuesRule 10, Sec. 5, Rules of Court

Rule 18, Sec. 7, Rules of CourtLazo v. Republic Surety, G.R. No. L-27365, January 30, 1970Buce v. Court of Appeals, G.R. No. 136913, May 12, 2000

Mercader v. DBP, G.R. No. 130699, May 12, 2000

d. Over the Person or PartyPlaintiffCesar v. Hon. Ricafort-Bautista, G.R. No. 136415, October 31, 2006Defendant

1. by service of summons- Rule 14, Secs. 1-3, Rules of Court

i. personal service- Sec. 6

ii. substituted service- Sec. 7

iii. service by publication- Sec. 14

iv.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, 2004

JAPRIL Dev. Corp. v. Security Bank, G.R. No. 190107, June 6, 2011Rapid City Realty v. Villa, G.R. No. 184197, February 11, 2010

Allan Co v. Cordero, G.R. No. 164703, May 4, 2010

Lhuillier v. British Airways, G.R. No. 171092, March 15, 2010

3. by voluntary submissionRodriguez vs. Alikpala, G.R. No. L-38314, June 25, 1974e. Over the ResRule 14, Sec. 15, Rules of Court

Midgely v. Hon. Fernando, G.R. No. L-34314, May 13, 1975

Perkins v. Dizon, G.R. No. 46631, November 16, 1939

Macahilig v. Heis of Magalit, G.R. No. 141423, November 15, 2000See: Joya v. Judge Marquez, G.R. No. 162416, January 31, 2006II. CIVIL PROCEDUREBrief HistoryCode 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 PROVISIONSSec. 1. Title of the Rules of CourtAlvero 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, 2010

Reyes v. Barrios, G.R. No. 172841, December 15, 2010

Sec. 3. Cases governed A. Kinds of Actions in the Rules of Court

a) Civil Action

b) Criminal Action

c) Special Proceedings

B. Kinds of Civil Actions in the Rules of Court

a) Ordinary Civil Action

b) Special Civil ActionDBM v. Manilas Finest Retirees, G.R. No. 169466, May 9, 2007Amberti v.Court of Appeals, G.R. No. 79981, 2 April1991C. Kinds of Civil Actions as to Causea) Real ActionsFortune Motors v. Court of Appeals, G.R. No. 76431, October 16, 1989

See Rule 4, Sec. 1

b) Personal ActionsMacasaet v. Co, G.R. No. 156759, June 5, 2013

Chua v. Total Office Products, G.R. No. 152808, September 30, 2005Paderanga v. Hon. Buissan, G.R. No. L-49475, September 28, 1993

See Rule 4, Sec. 2c) Mixed ActionsDe 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, 2001D. Kinds of Civil Actions as to Objecta) Action in Personam

Spouses Yu v. Pacleb, G.R. No. 172172, February 24, 2009

Ching 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, 2004

Lucas 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, 1998d) 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 Action

b) Transitory ActionSec. 5. Commencement of actionBoard of Liquidators v. Zulueta, G.R. No. L-30738, July 30, 1982

See: Sotelo vs. Dizon,67 Phil. 537;Cabrera vs. Tianco, 8 SCRA 582Manchester 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, 2002

Republic v. Kenrick Development, G.R. No. 149576, August 8, 2006Building Care Corp. v. Macaraeg, G.R. No. 198357, December 10, 2012

Uy v. Chua, G.R. No. 183965, September 18, 2009

Llamas v. Court of Appeals, G.R. No. 149588, August 16, 2010RULE 2- CAUSE OF ACTIONSec. 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, 2005Sec. 3. One suit for a single cause of action

Joseph v. Bautista, G.R. No. L-41423, February 23, 1989Phil. Bank of Comm. v. Lim, G.R. No. 158138, April 12, 2005Sec. 4. Splitting a single cause of action; effect of

Chua v. Metrobank, G.R. No. 182311, August 19, 2009

Chu v. Spouses Cunanan, G.R. No. 156185, September 12, 2011

Pantranco v. Standard Insurance, G.R. No. 140746, March 16, 2005

Umale 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, 1930

Danfoss 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 3Ada v. Baylon, G.R. No. 182435, August 13, 2012

Pantranco 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 Code

Art. 242 (5), Labor Code

Sec. 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, 1980

Chiang Kai Shek School v. Court of Appeals, G.R. No. 58028, April 18, 1989Sec. 1 (d) & (g), Rule 16

Sec. 2. Parties in interestStronghold Insurance v. Cuenca, G.R. No. 173297, March 6, 2013

Mayor Dagdag v. Tongnawa, G.R. Nos. 161166-67, February 3, 2005

Spouses Oco v. Limbaring, G.R. No. 161298, January 31, 2006Uy v. Court of Appeals, G.R. No. 120465, September 9, 1999

Goco v. Court of Appeals, G.R. No. 157449, April 6, 2010Tampico v. Intermediate Appellate Court, G.R. No. 76225, March 31, 1992

Salonga 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.)MIA v. Rivera Village, G.R. No. 143870, September 30, 2005Sec. 4. Spouses as parties

Carandang v. Heirs of de Guzman, G.R. No. 160347, November 29, 2006Sec. 5. Minor or incompetent personsSec. 6. Permissive joinder of partiesFlores 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, 2013

Malazarte v. Court of Appeals, G.R. No. 166519, March 31, 2009

Quilatan 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, 2009Sec. 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, 2008

Mayor of Paraaque v. Ebio, G.R. No. 178411, June 23, 2010

Sec. 9. Non-joinder of necessary parties to be pleadedCarandang v. Heirs of de Guzman, G.R. No. 160347, November 29, 2006 (Supra.)

Sec. 10. Unwilling co-plaintiffEmata 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, 2012

Newsweek, 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: Ibaez v. Roman Catholic Church, 12 Phil. 227)Llana v. NLRC, G.R. No. 111014, May 31, 1996Sec. 13. Alternative DefendantsInsurance Company v. US Lines, G.R. No. L-21839 April 30, 1968Sec. 14. Unknown identity or name of defendantSee: Sec. 14, Rule 14

Sec. 15. Entity without juridical personality as defendant

See: Sec. 8, Rule 14

Sec. 16. Death of party; duty of counselSaligumba 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 officerCommissioner v. Jardin, G.R. No. 141834, July 30, 2007

Sec. 18. Incompetency or incapacity

Sec. 19. Transfer of InterestAssociated Bank v. Spouses Pronstroller, G.R. No. 148444, September 3, 2009Sec. 20. Action on contractual and money claimsSee: Sec. 5, Rule 86; Sec. 7, Rule 39Gabriel v. Pagaygay, G.R. No. 146989, February 7, 2007Sec. 21. Indigent party

Sec. 22. Notice to the Solicitor GeneralRULE 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, 2011Sec. 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. 2008

Emergency Loan Pawnshop v. Court of Appeals, G.R. No. 129184, February 28, 2001Hyatt Elevators v. Goldstar, G.R. No. 161026, October 24, 2005Sec. 3. Venue of actions against non-residents

Time, Inc. v. Reyes, G.R. No. L-28882, May 31, 1971Sec. 4. When Rule not applicableUnion Bank v. Maunlad Homes, G.R. No. 190071, August 5, 2012

Pilipino 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 dismissalRULE 5- UNIFORM PROCEDURE IN TRIAL COURTSSec. 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

A.L. Ang v. Mondejar, G.R. No. 200804, January 22, 2014

RULE 6- KINDS OF PLEADINGSSec. 1. Pleadings definedSec. 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, 2011

BPI 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, 2010

Dio v. Subic Bay, G.R. No. 189532, June 11, 2014

Cabaero v. Hon. Cantos, G.R. No. 102942, April 18, 1997

Sec. 8. Cross-claimSee: Rule 9, Sec. 2

Hon. Ruiz v. Court of Appeals, G.R. No. 101566, August 17, 1992Sec. 9. Counter-counterclaims and counter-crossclaims

Sec. 10. Reply

See: Rule 8, Sec. 8

Casent Realty v. Philbank, G.R. No. 150731, September 14, 2007Sec. 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, 1998

Philtranco v. Court of Appeals, G.R. No. 161909, April 25, 2012Sec. 12. Bringing new parties

Sec. 13. Answer to third (fourth, etc.)- party complaintRULE 7- PARTS OF A PLEADING

Sec. 1. CaptionLorbes v. Court of Appeals, G.R. No. 139884, February 15, 2000Sec. 2. The bodyPhil. 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, 2008Sec. 4. Verification

Jacinto v. Gumaru, G.R. No. 191906, June 2, 2014

Mahinay v. Gako, G.R. No. 165338, November 28, 2011Vallacar v. Catubig, G.R. No. 175512, May 30, 2012

Salvador v. Angeles, G.R. No. 171219, September 3, 2012

Estel v. Diego, G.R. No. 174082, January 16, 2012

Spoused Lim v. Court of Appeals, G.R. No. 192615, January 30, 2013

Swedish Match v. Treasurer, v. G.R. No. 181277, July 3, 2013Sec. 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, 2010

Jose v. Javellana, G.R. No. 158239, January 25, 2012 (Supra.)

Barba v. Liceo de Cagayan, G.R. No. 193857, November 28, 2012

Digital Microwave Corp. v. Court of Appeals, G.R. No. 128550, March 16, 2000

Spouses Wee v. Galvez, G.R. No. 147394, August 11, 2004

COA v. Paler, G.R. No. 172623, March 10, 2010RULE 8- MANNER OF MAKING ALLEGATIONS IN PLEADINGSSec. 1. In generalSee: Sec. 7, Rule 8

Salita v. Hon. Magtolis, G.R. No. 106429, June 13, 1994

Bautista v. Court of Appeals, G.R. No. 143375, July 6, 2001

Lucas v. Lucas, G.R. No. 190710, June 6, 2011Sec. 2.Alternative causes of action or defensesSec. 3.Conditions precedentSec. 4.CapacityLorenzo Shipping v. Chubb, G.R. No. 147724, June 8, 2004Sec. 5. Fraud, mistake, condition of the mindSec. 6.JudgmentSec. 7.Action or defense based on documentLedda v. BPI, G.R. No. 200868, November 21, 2012Sec. 8.How to contest such documents Hibberd v. Rhode, G.R. No. L-8418, December 9, 1915

Equitable Card v. Capistrano, G.R. No. 180157, February 8, 2012Sec. 9.Official document or actSec. 10.Specific denialAsian Construction v. Sannaedle, G.R. No. 181676, June 11, 2014

Camitan v. Court of Appeals, G.R. No. 128099, December 20, 2006Sec. 11.Allegations not specifically denied deemed admittedWorcester v. Lorenzana, G.R. No. L-9435, July 31, 1958

Agaton 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, 1984Sec. 12.Striking out of pleading or matter contained thereinRULE 9- EFFECT OF FAILURE TO PLEADSec. 1. Defenses and objections not pleadedBoston Equity v. Court of Appeals, G.R. No. 173946, June 19, 2013 (Supra.)

GSIS v. Villaviza, G.R. No. 180291, July 27, 2010 (Supra.)LitisPendentia

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, 2013

Spouses Antonio v. Sayman, G.R. No. 149624, September 29, 2010Sec. 2. Compulsory counterclaim, cross-claim, not set up barred

Sec. 3. Default; declaration ofSee: Sec. 1, Rule 11

Mediserv v. Chinabank, G.R. No. 140755, April 17, 2001

Spouses de los Santos v. Hon. Carpio, G.R. No. 153696, September 11, 2006

Martinez v. Republic, G.R. No. 160895, October 30, 2006Heirs of Medrano v. De Vera, G.R. No. 165770, August 9, 2010RULE 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, 2010

Spouses Dionisio v. Linsangan, G.R. No. 178159, March 2, 2011Sec. 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, 2010Sec. 3. Amendments by leave of court

Tiu v. PBCOm, G.R. No. 151932, August 19, 2009

Philippine Ports Authority v. WGA, G.R. No. 158401, January 28, 2008Sec. 4. Formal amendments

Sec. 5. Amendment to conform to or authorize presentation of evidenceAzolla Farms v. Court of Appeals, G.R. No. 138085, November 11, 2004

Spouses Dela Cruz v. Concepcion, G.R. No. 172825, October 11, 2012Sec. 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, 2012Sec. 7. Filing of amended pleadings

Sec. 8. Effect of amended pleadings

Air Ads v. TADECO, G.R. No. 160736, March 23, 2011RULE 11- WHEN TO FILE RESPONSIVE PLEADINGSSec. 1. Answer to complaint

See: Secs. 1-2, Rule 22

Atty. Fernandez v. Court of Appeals, G.R. No. 131094, May 16, 2005

Victoria v. Court of Appeals, G.R. No. 147550, January 26, 2005Sec. 2. Answer of a defendant foreign private juridical entity

Sec. 3. Answer to amended complaintSec. 4. Answer to counterclaim or cross-claim

Sec. 5. Answer to third (fourth, etc.)-party complaint

Sec. 6. Reply

Sec. 7. Answer to supplemental complaintSec. 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 PARTICULARSSec. 1. When applied for purposeRepublic 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 courtSec. 3. Compliance with orderSec. 4. Effect of non-complianceSec. 5. Stay of period to file responsive pleadingSec. 6. Bill a part of pleadingRULE 13- FILING AND SERVICE OF PLEADINGS, JUDGMENTS AND OTHER PAPERS

Sec. 1.CoverageSec. 2. Filing and service, defined

Garrucho v. Court of Appeals, G.R. No. 143791, January 14, 2005

Phil. 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, 2011Sec. 3. Manner of filingRussel v. Austria, G.R. No. 184542, April 23, 2010

Heirs of Miranda v. Miranda, G.R. No. 179638, July 8, 2013

PNB v. CIR, G.R. No. 172458, December 14, 2011Sec. 4. Papers required to be filed and served

See: Sec. 1, Rule 36Sec. 5. Modes of service

Aberca v. Ver, G.R. No. 166216, March 14, 2012Sec. 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, 2000

Cubar v. Mendoza, G.R. No. 55035, February 23, 1983

Garrucho v. Court of Appeals, G.R. No. 143791, January 14, 2005 (Supra.)

Mojar v. Agro Commercial Security, G.R. No. 187188, June 27, 2012Sec. 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, 2011Sec. 11. Priorities in modes of service and filing

Solar Entertainment v. Ricafort, G.R. No. 132007, August 5, 1998

Russel v. Austria, G.R. No. 184542, April 23, 2010 (Supra.)Lim v. NPC, G.R. No. 178789, November 14, 2012Sec. 12. Proof of filing

Sec. 13. Proof of service

Spouses Dela Cruz v. Ramiscal, G.R. No. 137882, February 4, 2005

Po v. DOJ, G.R. No. 195198, February 11, 2013PNB v. CIR, G.R. No. 172458, December 14, 2011 (Supra.)Sec. 14. Notice of lispendensCunanan v. Jumping Jap, G.R. No. 173834, April 24, 2009

Gagoomal v. Spouses Villacorta, G.R. No. 192813, January 18, 2012RULE 14- SUMMONS

Sec. 1. Clerk to issue summons

Optima Realty v. Hertz Phils., G.R. No. 183035, January 9, 2013

Sec. 2. Contents

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, 2012

Oaminal v. Castillo, G.R. No. 152776, October 8, 2003

Macasaet 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, 2010

Leah Palma v. Hon. Galvez, G.R. No. 165273, March 10, 2010

Sagana v. Francisco, G.R. No. 161952, October 2, 2009

Robinson 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, 2011

NM 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 serviceNM 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, 2008

Belen 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 publication

Acance v. Court of Appeals, G.R. No. 159699, March 16, 2005

Sec. 20. Voluntary appearanceNote: The following cases were already assigned on page 5 of the syllabus.

Herrera-Felix v. Court of Appeals, G.R. No. 143736, August 11, 2004

JAPRIL Dev. Corp. v. Security Bank, G.R. No. 190107, June 6, 2011

Rapid City Realty v. Villa, G.R. No. 184197, February 11, 2010

Allan Co v. Cordero, G.R. No. 164703, May 4, 2010

Lhuillier v. British Airways, G.R. No. 171092, March 15, 2010Rodriguez vs. Alikpala, G.R. No. L-38314, June 25, 1974RULE 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. FormRULE 16- MOTION TO DISMISS

Sec. 1. Grounds.See: Sec. 1, Rule 9Obando v. Figueras, G.R. No. 134854, January 18, 2000No 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 matterAllied 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

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, 2005

B. Van Zuiden v. GTVL Manufacturing, G.R. No. 147905, May 28, 2007

LitisPendentia

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 JudicataHeirs 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 actionLucas v. Lucas, G.R. No. 190710, June 6, 2011 (Supra.)

Lazaro v. Brewmaster, G.R. No. 182779, August 23, 2010

NM 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, 2011

Urethane v. Ong, G.R. No. 164632, October 29, 2008

Fernando v. Acuna, G.R. No. 161030, September 14, 2011Unenforceable

See: Art. 1403, Civil Code

Failure to comply with condition precedent

a) Exhaustion of Administrative Remedies

b) Earnest Efforts toward amicable settlement- Art. 151, Family Code

c) Certification of Non-Forum Shopping

d) Payment of Docket Fee

e) Demand to vacate/payment of rental- Sec. 2, Rule 70

f) Alternative Dispute Resolution

g) Referral to KatarungangPambarangaySecs. 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 December2002Aquino v. Aure, 546 SCRA 71 (2008)

Pang-et v. Manacnes-dao-as, G.R. No. 167261, March 2, 2007

Agbayani 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.

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, 2008

Go 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, 2013

Phil. Charter v. Explorer Machine, G.R. No. 175409, September 7, 2011

Republic 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 complainantRULE 18- PRE-TRIAL

Sec. 1. When conductedSee: 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, 2009

Paranque Kings v. Santos, G.R. No. 194638, July 2, 2014

Corpus 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, 2014

Suico 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, 2013

Durban Apartments v. Pioneer, G.R. No. 179419, January 12, 2011

Sec. 6. Pre-trial briefBPI v. Dando, G.R. No. 177456, September 4, 2009

Benavidez v. Salvador, G.R. No. 173331, December 11, 2013

Sec. 7. Record of pre-trial

See: Rule 10, Sec. 5, Rules of Court

Rule 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.)RULE 19- INTERVENTION

Sec. 1. Who may intervene

Ongco v. Dalisay, G.R. No. 190810, July 18, 2012

Sec. 2. Time to interveneBig 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, 2012

Metrobank v. RaycorAircontrol, 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 ducestecum

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. ExceptionsRULE 22- COMPUTATION OF TIME

Sec. 1. How to compute time

Sec. 2. Effect of interruptionRULE 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, 2008

Republic v. Sandiganbayan, G.R. No. 112710, May 30, 2001

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, 2005

Landoil 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 rogatoryDulay 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 examinationIsabela Sugar Co. v. Macadaeg, G.R. No. L-5924. October 28, 1953

Sec. 19. Submission to witness; changes; signingAyala 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.)

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 appealRULE 25- INTERROGATORIES TO PARTIES

Sec. 1. Interrogatories to parties, service thereof

Briboneria v. Court of Appeals, G.R. No. 101682, December 14, 1992 DACUA

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 BELLEZARULE 26- ADMISSION BY ADVERSE PARTY

Sec. 1. Request for admission

Briboneria v. Court of Appeals, G.R. No. 101682, December 14, 1992 MONAPSCFC Financial Corp. v. Court of Appeals, G.R. No. 106094, December 28, 1992 GIMELanada v. Court of Appeals, G.R. No. 102390, February 1, 2002 BADAYOS

Sec. 2. Implied admission

Metro Manila Shopping v. Toledo, G.R. No. 190818, June 5, 2013 BIHAGLimos v. Spouses Odones, G.R. No. 186979, August 11, 2010 COMPACION

Sec. 3. Effect of admission

Sec. 4. Withdrawal

Sec. 5. Effect of failure to file and serve request for admissionRULE 27- PRODUCTION OR INSPECTION OF DOCUMENTS OR THINGS

Sec. 1. Motion for production or inspection; order

Capitol Hills v. Sanchez, G.R. No. 182738, February 24, 2014

Eagleridge Dev. Corp. v. Cameron Granville, G.R. No. 204700, April 10, 2013 MARCELORULE 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, 2014 GUNTINASJaravata v. Kuhail, G.R. No. 154988, June 21, 2007 BRAGATCapitol Hills v. Sanchez, G.R. No. 182738, February 24, 2014 (Supra.) CABUENAS

Sec. 2. Contempt of court

Sec. 3. Other consequences

Spouses Zepeda v. Chinabank, G.R. No. 172175, October 9, 2006 DYSolidbank v. Gateway Electronics, G.R. No. 164805, April 30, 2008 ZUNIGA

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, 1994 LUMAKANGJaravata v. Kuhail, G.R. No. 154988, June 21, 2007 (Supra.) ESPINOSAArellano v. CIR, G.R. No. L-34897, July 15, 1975 PAGAPONG

Sec. 6. Expenses against the Republic of the PhilippinesPAGE 23

Documents

Civil Procedure Syllabus Latest (8)