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General Provisions; Rules of Court [Section 3, Rule 1; Sections 2, 16, Rule 3]; Section
119, CA 141; Arts. 1306, 1315
Rule 1, Section 3 - Cases governed. 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. 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.
X X X..(c) A special proceeding is a remedy by which a party seeks to establish a status, a right, or
a particular fact.
Rule 3, Section 2 - Parties in interest. A real party in interest is the party who stands to be
benefited or injured by the judgment in the suit, or the party entitled to the avails of the suit.
Unless otherwise authorized by law or these Rules, every action must be prosecuted or defended in
the name of the real party in interest.
Sec 119 of CA 141 - Every conveyance of land acquired under the free patent or homestead
provisions, when proper , shall be subject to repurchase by the applicant, his widow, or legal heirs,
within a period of 5 years from date of the conveyance
Art. 1306. The contracting parties may establish such stipulations, clauses, terms and conditions
as they may deem convenient, provided they are not contrary to law, morals, good customs, public
order, or public policy.
Art. 1315. Contracts are perfected by mere consent, and from that moment the parties are bound
not only to the fulfillment of what has been expressly stipulated but also to all the consequences
which, according to their nature, may be in keeping with good faith, usage and law.
Limos v. Odones
GR # 186979, August A request for admission is not intended to
11 2010
merely
reproduce
or
reiterate
the
allegations of the requesting pArtys
1
pleading but should set forth relevant
evidentiary matters of fact described in the
request, whose purpose is to establish said
pArtys cause of action or defense.
Reyes v. Enriquez
GR # 162956, April
Declaration of heirship should first be filed
10 1998
as a special proceeding before complaint
2
for reconveyance and partition is filed in
ordinary court
Ventura vs. Militante
GR# 63145, Oct. 5
A dead person nor his estate cannot be a
1999
party plaintiff in a court action.
Complaint is brought against the surviving
spouse for the recovery of an indebtedness
3
chargeable against said conjugal property,
any judgment obtained thereby is void.
The proper action should be in the form of
a claim to be filed in the testate or
intestate proceedings.
Edgardo Cruz vs.
GR# 173292, Sept. 1
Heirs have acquired interest in the
Oswaldo Cruz
2010
properties in litigation and became pArties
4
in interest in the case. Complaint filed by
deceased can survive and substituted by
heirs.
Sumaljag v. Literato
GR# 149787, June
"legal representatives" refer to those
18 2008
authorized by law - the administrator,
executor or guardian who, under the rule
5
on settlement of estate of deceased
persons, is constituted to take over the
estate of the deceased.
DBP v. Gagarani
GR# 172248, Sept. 17 Daughter and son-in-law of the patentees
2008
have the right to repurchase the property
6
because this would be "more in keeping
with the spirit of the law.
Balus v. Balus
GR# 168970, Jan. 15 Deceased who lost ownership of the subject
2010
property during his lifetime, cannot pass
7
into the hands of compulsory heirs a parcel
of land which is no longer formed part of his
estate.
8
Arellano vs. Pascual
GR# 189776, Dec.
Rule on collation is applicable only when
15 2010
there is compulsory heir. Siblings are not
compulsory heirs. Decedent not having left
any compulsory heir who is entitled to any
legitime, he was at liberty to donate all his
properties, even if nothing was left for his
GR# 118114,
1995
10
DKC Holdings
vs. CA
Supplement
Yaptinchay
Rosario
12
Corp.
v.
Alvarez v. IAC
13
14
15
Dec
Guerrero
v.
Bihis
his jurisdiction.
Celada
v.
Abena
26
27
Javellana
Ledesma
vs.
Holographic Will
Roxas vs. De Jesus
31
Labrador vs. CA
Ajero vs. CA
32
33
34
Seangio v. Reyes
GR # 140371-72, Nov.
27, 2006
36
37
Probate
Vda. De
38
Tolete
39
Palaganas
Palaganas
Perez
vs.
v.
GR # 141634, Feb. 5,
2001
40
Supplement
Abangan
Abangan
vs.
Seangio v. Reyes
GR # 14037172, Nov.
27, 2006
Santos
Buenaventura
GR # L 22797, Sept.
22, 1966
vs.
See above
Disposition
Palacios vs. Ramirez
GR # L- 27952, Feb.
15, 1992
53
54
55
Legitime
Francisco
56
Francisco-Alfonso
57
vs.
Capitle v.
Elbambuena and
Olar
Reserva
Edroso vs. Sablan
58
GR #L-12957,
24, 1961
59
March
60
61
Vizconde v. CA (bad
case) did not see
62
that it was a case of
reserve troncal)
Disinheritance
Seangio v. Reyes
63
See above
GR # L-22469, Oct.
23, 1978
67
Leonardo vs. CA
GR #L-51263,
28, 1983
Feb.
GR #L-66574,
17, 1987
June
GR #L-66574, Feb.
21, 1990
GR # 183053, June
16, 2010
68
68
70
Suntay v. Suntay
71
Surviving Spouse
Verdad vs. CA
72
73
Cabales v. CA
Collateral Relatives
Heirs of Uriarte vs.
CA
Jan.
74
75
Gonzales vs. CA
The State
Republic vs. CA
76
Ty v. Ty