RULES OF CIVIL PROCEDURE

2nd Semester 2017-2018

Atty. Amando Virgil D. Ligutan

I. GENERAL PRINCIPLES

A. Remedial Law

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

Primicias v. Ocampo, G.R. No. L-6120, June 30, 1953
Neypes 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 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, 2011

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

iii. Retroactive application of procedural rules

Light Railway Transit Authority v. Salvaña, G.R. No. 192074, June 10, 2014
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

Yu v. Hon. Samson-Tatad, G.R. No. 170979, February 9, 2011
San Lorenzo Builders v. Bayang, G.R. No. 194702, April 20, 2015
Fortune Life v. Commission on Audit, G.R. No. 213525, January 27, 2015
Jocson v. San Miguel, G.R. No. 206941, March 9, 2016

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, 2013
See: U.S. v. Tamparong, 31 Phil. 321 (1915)

3. Classification

a) Constitutional and Statutory

 b) Civil and Criminal
c) 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
Diocese of Bacolod v. COMELEC, G.R. No. 205728, January 21, 2015

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

Davao 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 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, 2011

Omictin v. Court of Appeals, G.R. No. 148004, January 22, 2007
Euro-Med Laboratories v. Province of Batangas, G.R. No. 148106, July 17, 2006
Agra, et al v. COA, G.R. No. 167807, December 6, 2011
Spouses Fajardo v. Flores, G.R. No. 167891, January 15, 2010
Province of Aklan v. Jody King Construction, G.R. Nos. 197592 & 20262,
November 27, 2013

vi. Adherence of jurisdiction

Aruego v. Court of Appeals, G.R. No. 112193, March 13, 1996

Barrameda v. Rural Bank of Canaman, G.R. No. 176260, November 24, 2010

vii. Doctrine of non-interference or judicial stability

Tan v. Cinco et al, G.R. No. 213054, June 15, 2016

Del Rosario v. Ocampo-Ferrer, G.R. No. 215348, June 20, 2016
Cabili v. Hon. Balindong, A.M. No. RTJ-10-22252, September 6, 2011
Villamor 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, 2008
Tijam v. Sibonghanoy, L-21450, April 15, 1968
Villagracia v. Fifth Shari-a District Court, G.R. No. 188832, April 23, 2014

ix. Lack of jurisdiction over subject matter may be raised at any stage

Republic v. Bantigue Point Development, G.R. No. 162322, March 14, 2012
Tijam v. Sibonghanoy, L-21450, April 15, 1968
De 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

Phil. Women’s Chrisitian Temperance Union v. Yangco, G.R. No. 199595, April 2,
2014

B. Kinds of Jurisdiction

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

a. General Jurisdiction

Regional Trial Court

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

b. Special or Limited Jurisdiction

Sandiganbayan
Court of Tax Appeals
Shari’ah District Court
Also: 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 Constitution

Petition 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 Habeas Data (A.M. No. 08-1-16-SC)
Petition for writ of continuing Mandamus
(Sec. 2, Rule 8, Part III of Rules of Procedure in
Environmental Cases, A.M. 09-6-8-SC)
Petition for writ of Kalikasan
(Sec. 12, Rule 7, Part III of Rules of Procedure in
Environmental Cases, A.M. 09-6-8-SC)
Actions for Annulment of RTC 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 Habeas Data (A.M. No. 08-1-16-SC)
Petition for writ of continuing Mandamus
(Sec. 2, Rule 8, Part III of Rules of Procedure in
Environmental Cases, A.M. 09-6-8-SC)

iv. Shari’ah Distric Court

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

d. Appellate Jurisdiction

i. Supreme Court

Sec. 5., par. 2, Art. VIII, 1987 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
Rule 43, Rules of Court

iii. Regional Trial Court

Sec. 22, B.P. 129

Rule 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 Appeals
b) Sandiganbayan
c) Court of Tax Appeals
d) COMELEC
e) Commission on Audit
f) Ombudsman (criminal cases)

ii. Court of Appeals

Petition for Certiorari, Prohibition, Mandamus against:

a) Regional Trial Court- decisions, final orders,

resolution
b) 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

iii. Regional Trial Court

Sec. 19, B.P. 129 as amended by R.A. 7691

Sec. 5.2, Securities Regulations 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. Shari’ah District Court

Art. 413, P.D. 1083

Settlement of Estate of Deceased Muslims
Montaner 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
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,

2011
CREBA v. DAR Secretary, G.R. 183409, June 18, 2010
Also- 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, 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, 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 Court

Rule 18, Sec. 7, Rules of Court

Lazo v. Republic Surety, G.R. No. L-27365, January 30, 1970

Buce 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 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. 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,
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,
2010

3. by voluntary submission

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, 1975

Perkins v. Dizon, G.R. No. 46631, November 16, 1939
Macahilig v. Heis of Magalit, G.R. No. 141423, November 15, 2000
See: Joya v. Judge Marquez, G.R. No. 162416, January 31, 2006

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, 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 Action

DBM v. Manila’s Finest Retirees, G.R. No. 169466, May 9, 2007

Amberti 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,

1989
See Rule 4, Sec. 1

b) Personal Actions

Macasaet v. Co, G.R. No. 156759, June 5, 2013

Chua v. Total Office Products, G.R. No. 152808, September 30, 2005
Paderanga v. Hon. Buissan, G.R. No. L-49475, September 28, 1993
See Rule 4, Sec. 2

c) Mixed Actions

De la Cruz v. El Seminario, G.R. No. L-5402, January 28, 1911

Emergency 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, 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, 2003

Gomez 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,
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 Action
b) Transitory Action

Sec. 5. Commencement of action

Board of Liquidators v. Zulueta, G.R. No. L-30738, July 30, 1982

See: 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, 2012
Tan v. Court of Appeals, G.R. No. 130314, September 22, 1998
Baylon v. Fact-finding Intelligence, G.R. No. 150870, December 11, 2002
Republic v. Kenrick Development, G.R. No. 149576, August 8, 2006
Building 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, 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, 2013

Swagman Hotels v. Court of Appeals, G.R. No. 161135, April 8, 2005

Sec. 3. One suit for a single cause of action

Joseph v. Bautista, G.R. No. L-41423, February 23, 1989

Phil. 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, 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, 2011
 Spouses Plaza v. Lustiva, G.R. No. 172909, March 5, 2014
Bayang v. Court of Appeals, G.R. No. L-53564, February 27, 1987
De Larena v. Villanueva, G.R. No. L-29155, November 5, 1928
Blossom & Company v. Manila Gas Corp., G.R. No. L-32958, November 8, 1930
Danfoss v. Continental Cement, G.R. No. 143788, September 9, 2005
Bank of America v. American Realty, G.R. No. 133876, December 29, 1999
Allandale Sportsline v. Good Development Corp, G.R. No. 164521, December 18,
2008
Enriquez v. Ramos, G.R. No. L-16797, February 27, 1963
Tarnate 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, 2012

Pantranco v. Standard Insurance, G.R. No. 140746, March 16, 2005 (Supra.)
Union Glass Corp. v. SEC, G.R. No. 64013, November 28, 1983
Flores v. Hon. Mallare-Philipps, G.R. No. L-66620, September 24, 1986
Genesis Investment v. Heirs of Ebarasabal, G.R. No. 181622, November 20, 2013
Uniwide Holdings v. Cruz, G.R. No. 171456, August 9, 2007
Unicapital v. Consing, G.R. Nos. 175277 & 175285, September 11, 2013
Iniego v. Hon. Purganan, G.R. No. 166876, March 24, 2006
Sec. 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 Code

Arts. 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, 1989
Sec. 1 (d) & (g), Rule 16

Sec. 2. Parties in interest

Stronghold 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, 2006
Uy v. Court of Appeals, G.R. No. 120465, September 9, 1999
Goco v. Court of Appeals, G.R. No. 157449, April 6, 2010
Tampico v. Intermediate Appellate Court, G.R. No. 76225, March 31, 1992
Salonga v. Warner, Barnes, G.R. No. L-2246, January 31, 1951
 Sec. 1 (g), Rules of Court

Sec. 3. Representatives as parties

Ang v. Ang, G.R. No. 186993, August 22, 2012

Ching v. Court of Appeals, G.R. No. L-59731, January 11, 1990 (Supra.)
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, 2013
Malazarte v. Court of Appeals, G.R. No. 166519, March 31, 2009
Quilatan v. Heirs of Quilatan, G.R. No. 183059, August 28, 2009
Metrobank v. Hon. Alejo, G.R. No. 141970, September 10, 2001
Guy v. Guy, G.R. No. 189486, September 5, 2012
Monis v. Velasco, G.R. No. 169276, June 16, 2009

Sec. 8. Necessary party

Chua v. Torres, G.R. No. 151900, August 30, 2005

Seno v. Mangubat, G.R. No. 44339, December 2, 1987
Wee v. Castro, G.R. No. 176405, August 20, 2008
Mayor 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, 2012

Newsweek, Inc. v. IAC, G.R. No. L-63559, May 30, 1986
Mathay v. Consolidated Bank, G.R. No. L-23136, August 26, 1974
Borlasa v. Polistico, G.R. No. L-22909, January 28, 1925
 Note: No class suit if interest of those who filed the action conflicts
with those sought to be represented. (See: Ibañez v. Roman Catholic
Church, 12 Phil. 227)

Llana v. NLRC, G.R. No. 111014, May 31, 1996

Sec. 13. Alternative Defendants

Insurance Company v. US Lines, G.R. No. L-21839 April 30, 1968

Sec. 14. Unknown identity or name of defendant

See: Sec. 14, Rule 14

Sec. 15. Entity without juridical personality as defendant

See: Sec. 8, Rule 14 q

Sec. 16. Death of party; duty of counsel (important)

Saligumba v. Palanog, G.R. No. 143365, December 4, 2008

Hon. Sumaliag v. Spouses Literato, G.R. No. 149787, June 18, 2008
Carandang 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, 2012
Ochoa 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. 2008
Emergency Loan Pawnshop v. Court of Appeals, G.R. No. 129184, February 28,
2001
Hyatt 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, 2012

Pilipino Telephone v. Tecson, G.R. No. 156966, May 7, 2004
Ochoa 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 Procedure
ii. 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

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, 2011

BPI v. Spouses Royeca, G.R. No. 176664, July 21, 2008 – sec. 5

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
** Kinds of Counterclaim
**Elements:
- Jurisdiction over the counterclaim
- Need for a third party whose presence is required

Lafarge Cement v. Continental, G.R. No. 155173, November 23, 2004

Yulienco 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, 2008
Calibre 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-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., 181

Allied Bank v. Court of Appeals, G.R. No. 123871, August 31, 1998
Philtranco 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

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, 2009

 Diona 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
*** check tan book
Jacinto v. Gumaru, G.R. No. 191906, June 2, 2014
Mahinay v. Gako, G.R. No. 165338, November 28, 2011
Vallacar 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, 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, 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, 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, 1994

Bautista v. Court of Appeals, G.R. No. 143375, July 6, 2001
Lucas 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, 1915
Equitable Card v. Capistrano, G.R. No. 180157, February 8, 2012

Sec. 9. Official document or act

Sec. 10. Specific denial

Asian Construction v. Sannaedle, G.R. No. 181676, June 11, 2014

Camitan 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, 1958

Agaton v. Hon. Perez, G.R. No. L-19548, December 22, 1966
GSIS 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, 2012

Quito v. Stop & Save Corp., G.R. No. 186657, June 11, 2014
Benavidez 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, 2010

Sec. 2. Compulsory counterclaim, cross-claim, not set up barred

Sec. 3. Default; declaration of

See: Sec. 1, Rule 11

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

Spouses de los Santos v. Hon. Carpio, G.R. No. 153696, September 11, 2006
Martinez v. Republic, G.R. No. 160895, October 30, 2006
Heirs 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, 2010
Spouses 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, 2009

Philippine 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

Azolla Farms v. Court of Appeals, G.R. No. 138085, November 11, 2004
Spouses 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, 1988

Barba 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, 2005
Victoria 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, 2007

Salita 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

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

Phil. Radiant Products v. Metrobank, G.R. No. 163569, December 9, 2005
Grand v. Court of Appeals, G.R. No. 142358, January 31, 2006
Salting v. Velez, G.R. No. 181930, January 10, 2011

Sec. 3. Manner of filing

Russel 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, 2011

Sec. 4. Papers required to be filed and served

See: Sec. 1, Rule 36

Sec. 5. Modes of service

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

Sec. 6. Personal service

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

Sec. 7. Service by mail

 Sec. 8. Substituted service

Thermochem v. Naval, G.R. No. 131541, October 20, 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, 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, 1998

Russel 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, 2005

Po v. DOJ, G.R. No. 195198, February 11, 2013
PNB 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, 2009

Gagoomal 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

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, 2006
Chu 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, 2009
Tung Ho Steel v. Ting Guan, G.R. No. 182153, April 7, 2014
Cathay 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, 2012

Cathay 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, 2005
Spouses 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 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, 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, 2010
Rodriguez vs. Alikpala, G.R. No. L-38314, June 25, 1974