Rule 1 To 12
Rule 1 To 12
Rule 1 To 12
A. Actions
1. Meaning of ordinary civil actions
2. Meaning of special civil actions
3. Meaning of criminal actions
4. Civil actions versus special proceedings
5. Personal actions and real actions
0 Far East Bank v. Spouses Plaza, G.R. No. 154489, July 25, 2003
B. Cause of action
1. Meaning of cause of action
Date of last revision: 24 December 2018
2 Guillermo v. Philippine Information Agency, G.R. No. 223751,
March 15, 2017
3 Excellent Quality Apparel Inc. v. Win Multi Rich Builders, Inc., G.R.
No. 175048, February 10, 2009
4 V-Gent Inc. v. Morning Star Travel and Tours, G.R. No. 186305,
July 22, 2015
5 Navarro v. Escobido, November 27, 2009
6 Arcelona v. CA – NB: Read case in the SCRA and take note of the
Errata: Arcelona v. CA, 280 SCRA 20
7 Carandang v. De Guzman, November 29, 2006
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13 Limos v. Spouses Odones, G.R. No. 186979, August 11, 2010
14 Pacana-Contreras v. Rovila Water Supply, G.R. No. 168979,
December 2, 2013
15 Divinagracia v. Parilla, G.R. No. 196750, March 11, 2015
4. Class suit
7. Indigent party
D. Venue
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1 Union Bank of the Philippines v. Maunlad Homes Inc., G.R. No.
190071, August 15, 2012
2 Latorre v. Latorre, G.R. No. 183926, March 29, 2010, 617 SCRA 88
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14 Read Herrera, Remedial Law Vol. 1, pp. 612-651
E. Uniformity of Rules
F. Pleadings
1. Kinds of pleadings
a) Complaint
b) Answer
(i) Negative defenses
(ii) Negative pregnant
(iii) Affirmative defenses
c) Counterclaims
(i) Compulsory counterclaim
(ii) Permissive counterclaim
(iii) Effect on the counterclaim when the
complaint is dismissed
d) Cross-claims
e) Third (fourth, etc.) party complaints
f) Complaint-in-intervention
g) Reply
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12 Remedy over: Samala v. Judge Victor, 170 SCRA 453; CDCP v.
Cuenca, 466 SCRA 714
13 Paramount Life & General Insurance v. Castro, G.R. No. 195728,
April 19, 2016
14 Intervention: Bon-Mar Realty and Sport Corp. v. Spouses de
Guzman, G.R. No. 182136-37, August 29, 2008; Republic v. CA,
G.R. No. 174385, February 20, 2013
3. Parts of a pleading
a) Caption
b) Signature and address
c) Verification and certification against forum
shopping
(i) Requirements of a corporation executing
the verification/certification of non-
forum shopping
d) Effect of the signature of counsel in a pleading
4. Allegations in a pleading
a) Manner of making allegations
(i) Condition precedent
(ii) Fraud, mistake, malice, intent,
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knowledge and other condition of the
mind, judgments, official documents or
acts
b) Pleading an actionable document
c) Specific denials
(i) Effect of failure to make specific denials
(ii) When a specific denial requires an oath
6. Default
a) When a declaration of default is proper
b) Effect of an order of default
c) Relief from an order of default
d) Effect of a partial default
e) Extent of relief
f) Actions where default are not allowed
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11 Sec. 5 (b) and (c), Special Rule of Procedure in Legal Separation
8. Amendment
a) Amendment as a matter of right
b) Amendments by leave of court
c) Formal amendment
d) Amendments to conform to or authorize
presentation of evidence
e) Different from supplemental pleadings f) 1
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G. Summons
1. Nature and purpose of summons in relation to
actions in personam, in rem and quasi in rem
2. Voluntary appearance
3. Personal service
4. Substituted service
5. Constructive service (by publication)
a) Service upon a defendant where his identity is
unknown or where his whereabouts are
unknown
b) Service upon residents temporarily outside
the Philippines
6. Extra-territorial service, when allowed
7. Service upon prisoners and minors
8. Proof of service
H. Motions
1. Motions in general
a) Definition of a motion
b) Motions versus pleadings
c) Contents and form of motions
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d) Notice of hearing and hearing of motions
e) Omnibus motion rule
f) Litigated and ex parte motions
g) Pro-forma motions
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