1997 RULES OF CIVIL PROCEDURE, AS AMENDED (RULES 1-71, RULES OF COURT) EFFECTIVE JULY 1, 1997 Per Resolution of the Supreme Court in Bar Matter No. 803 Adopted in Baguio City on April 8, 1997 RULES OF COURT Pursuant to the provisions of section 5 (5) of Article VIII of the Constitution, the Supreme Court hereby adopts and promulgates the following rules concerning the protection and enforcement of constitutional rights, pleading, practice and procedure in all courts, the admission to the practice of law, the Integrated Bar, and legal assistance to the underprivileged: RULE 1 General Provisions Section 1. Title of the Rules. — These Rule shall be known and cited as the Rules of Court. (1) Section 2. In what courts applicable. — These Rules shall apply in all the courts, except as otherwise provided by the Supreme Court. (n) Section 3. Cases governed. — These Rules shall govern the procedure to be observed in actions, civil or criminal and special proceedings. (a) A civil action is one by which a party sues another for the enforcement or protection of a right, or the prevention or redress of a wrong, (1a, R2) A civil action may either be ordinary or special. Both are governed by the rules for ordinary civil actions, subject to the specific rules prescribed for a special civil action. (n) (b) A criminal action is one by which the State prosecutes a person for an act or omission punishable by law. (n) (c) A special proceeding is a remedy by which a party seeks to establish a status, a right, or a particular fact. (2a,R2) Section 4. In what case not applicable. — These Rules shall not apply to election cases, land registration, cadastral, naturalization and insolvency proceedings, and other cases not herein provided for, except by analogy or in a suppletory character and whenever practicable and convenient. (R143a) Section 5. Commencement of action — A civil action is commenced by the filing of the original complaint in court. If an additional defendant is impleaded in a later pleading, the action is commenced with regard to him on the dated of the filing of
1997 RULES OF CIVIL PROCEDURE, AS AMENDED(RULES 1-71, RULES OF
COURT) EFFECTIVE JULY 1, 1997Per Resolution of the Supreme Court in
Bar Matter No. 803 Adopted in Baguio City on April 8, 1997RULES OF
COURTPursuant to the provisions of section 5 (5) of Article VIII of
the Constitution, the Supreme Court hereby adopts and promulgates
the following rules concerning the protection and enforcement of
constitutional rights, pleading, practice and procedure in all
courts, the admission to the practice of law, the Integrated Bar,
and legal assistance to the underprivileged:RULE 1General
ProvisionsSection 1. Title of the Rules. These Rule shall be known
and cited as the Rules of Court. (1)Section 2. In what courts
applicable. These Rules shall apply in all the courts, except as
otherwise provided by the Supreme Court. (n)Section 3. Cases
governed. These Rules shall govern the procedure to be observed in
actions, civil or criminal and special proceedings.(a) A civil
action is one by which a party sues another for the enforcement or
protection of a right, or the prevention or redress of a wrong,
(1a, R2)A civil action may either be ordinary or special. Both are
governed by the rules for ordinary civil actions, subject to the
specific rules prescribed for a special civil action. (n)(b) A
criminal action is one by which the State prosecutes a person for
an act or omission punishable by law. (n)(c) A special proceeding
is a remedy by which a party seeks to establish a status, a right,
or a particular fact. (2a,R2)Section 4. In what case not
applicable. These Rules shall not apply to election cases, land
registration, cadastral, naturalization and insolvency proceedings,
and other cases not herein provided for, except by analogy or in a
suppletory character and whenever practicable and convenient.
(R143a)Section 5. Commencement of action A civil action is
commenced by the filing of the original complaint in court. If an
additional defendant is impleaded in a later pleading, the action
is commenced with regard to him on the dated of the filing of such
later pleading, irrespective of whether the motion for its
admission, if necessary, is denied by the court. (6a)Section 6.
Construction. These Rules shall be liberally construed in order to
promote their objective of securing a just, speedy and inexpensive
disposition of every action and proceeding. (2a)
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