RULES OF CIVIL PROCEDURE

2nd Semester 2014-2015

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
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,
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
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. QuiricoPe, 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
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
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
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
Manchester 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 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
Shariah District Court
Also: Regional Trial Court- Family Courts, Probate CourtMetropolitan 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. ShariahDistric 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. ShariahDistric 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)
b)
c)
d)
e)
f)

Court of Appeals
Sandiganbayan
Court of Tax Appeals
COMELEC
Commission on Audit
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, 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 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
II.

CIVIL PROCEDURE
Brief History
Code of Civil Procedure or Act No. 190- August 7, 1901
(Old) Rules of Court- July 1, 1940
Revised 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, 2010
Reyes v. Barrios, G.R. No. 172841, December 15, 2010
Sec. 3. Cases governed

A. Kinds of Actions in the Rules of Court

6

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. Manilas 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 Paraaque 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: Ibaez 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
Sec. 16. Death of party; duty of counsel
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

10

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

11

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

12

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

13

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.)
LitisPendentia
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

14

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

15

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 lispendens
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

16

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

17

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
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 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
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

18

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, 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, 2011
Unenforceable
See: Art. 1403, Civil Code
Failure to comply with condition precedent
a)
b)
c)
d)
e)
f)
g)

Exhaustion of Administrative Remedies

Earnest Efforts toward amicable settlement- Art. 151, Family Code
Certification of Non-Forum Shopping
Payment of Docket Fee
Demand to vacate/payment of rental- Sec. 2, Rule 70
Alternative Dispute Resolution
Referral to KatarungangPambarangay
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, 1995
Mendova v. Afable, A.M. No. MTJ-02-1402, 4 December 2002
Aquino 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

19

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, 2013
Shimizu Philippines v. Magasalin, G.R. No. 170026, June 2012
Quintos 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, 1983
Eloisa Merchandising v. Banco de Oro, G.R. No. 192716, June 13, 2012
Espiritu 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 brief
BPI 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

20

Sec. 2. Time to intervene

Big Country Ranch v. Court of Appeals, G.R. No. 102927, October 12, 1993
Quinto 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, 1990
Big 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, 1918
Lozada 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, 1993
San 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

21

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, 2004
Republic 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.)
Sec. 26. Officers to take responses and prepare record
Sec. 27. Notice of filing and furnishing copies

22

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
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
BELLEZA
RULE 26- ADMISSION BY ADVERSE PARTY
Sec. 1. Request for admission
Briboneria v. Court of Appeals, G.R. No. 101682, December 14, 1992 MONA
PSCFC Financial Corp. v. Court of Appeals, G.R. No. 106094, December 28,
1992 GIME
Lanada 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 BIHAG
Limos 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 admission
RULE 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

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Eagleridge Dev. Corp. v. Cameron Granville, G.R. No. 204700, April 10,
2013 MARCELO
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, 2014 GUNTINAS
Jaravata v. Kuhail, G.R. No. 154988, June 21, 2007 BRAGAT
Capitol 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 DY
Solidbank 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
LUMAKANG
Jaravata v. Kuhail, G.R. No. 154988, June 21, 2007 (Supra.) ESPINOSA
Arellano v. CIR, G.R. No. L-34897, July 15, 1975 PAGAPONG
Sec. 6. Expenses against the Republic of the Philippines

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