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
Jose v. Javellana, G.R. No. 158239, January 25, 2012
Samahan v. Hon. Magsalin, G.R. No. 172303, June 6, 2011
Panay Railways, Inc. v. Heva Management, G.R. No. 154061, January 25, 2012
Tan v. Court of Appeals, G.R. No. 136368, January 16, 2002
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
Key Principles
Home Guaranty Corp. v. R-11 Builders, G.R. No. 192649, March 9, 2011
Davao Light v. Court of Appeals, G.R. No. 111685, August 20, 2001
Nocum v. Lucio Tan, G.R. No. 145022, September 23, 2005
Padlan v. Dinglasan, G.R. No. 180321, March 20, 2013
Gonzales v. Quirico Pe, G.R. No. 167398, August 9, 2011
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
Aruego v. Court of Appeals, G.R. No. 112193, March 13, 1996- CHUA
Barrameda v. Rural Bank of Canaman, G.R. No. 176260, November 24, 2010-CASTILLO
Cabili v. Hon. Balindong, A.M. No. RTJ-10-22252, September 6, 2011
Villamor v. Salas, G.R. No. 101041, November 13, 1991
Heirs of Marasigan v. Marasigan, G.R. No. 156078, March 14, 2008
Tijam v. Sibonghanoy, L-21450, April 15, 1968
Republic v. Bantigue Point Development, G.R. No. 162322, March 14, 2012

De Herrera v. Bernardo, G.R. No. 170251, June 1, 2011

Megan Sugar Corp. v. RTC of Iloilo, G.R. No. 170352, June 1, 2011
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
1. 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. Shariah 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. Shariah 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)
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
2. 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.)LUMAKANG
Primicias v. Ocampo, G.R. No. L-6120, June 30, 1953- FERNANDEZ
Sec. 2. In what courts applicable
Sec. 4. In what case not applicable
GSIS v. Villaviza, G.R. No. 180291, July 27, 2010- BADAYOS
Reyes v. Barrios, G.R. No. 172841, December 15, 2010- HIYAS
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. Manilas Finest Retirees, G.R. No. 169466, May 9, 2007DUYUNGCO
Amberti v. Court of Appeals, G.R. No. 79981, 2 April 1991SAAVEDRA
C. Kinds of Civil Actions as to Cause
a) Real Actions
Fortune Motors v. Court of Appeals, G.R. No. 76431, October 16,
1989- TORREJOS
See Rule 4, Sec. 1
b) Personal Actions
Chua v. Total Office Products, G.R. No. 152808, September 30,
2005- LIM
Paderanga v. Hon. Buissan, G.R. No. L-49475, September 28,
1993- REALINO
See Rule 4, Sec. 2
D. Kinds of Civil Actions as to Object
a) Action in Personam
Spouses Yu v. Pacleb, G.R. No. 172172, February 24, 2009BELLEZA
b) Action in Rem
Gomez v. Court of Appeals, G.R. No. 127692, March 10, 2004GUNTINAS
c) Action Quasi in Rem
Spouses Yu v. Pacleb, G.R. No. 172172, February 24, 2009
(Supra.)- GARBANZOS
Asiavest Ltd. v. Court of Appeals, G.R. No. 128803, September
25, 1998- MONA

d) Mixed Action
BA Finance v. Court of Appeals, G.R. No. 102998, July 5, 1996BRAGAT
E. Kinds of Actions as to Place of Filing of Complaint
a) Local Action
b) Transitory Action
Sec. 5. Commencement of action

PAGAPONG

Board of Liquidators v. Zulueta, G.R. No. L-30738, July 30, 1982- DACUA
See: Sotelo vs. Dizon, 67 Phil. 537; Cabrera vs. Tianco, 8 SCRA 582Manchester Development v. Court of Appeals, G.R. No. 75919, May 7, 1987
(Supra.)- BITANGJOL
Nestle Phils. v. FY Sons, G.R. No. 150780, May 5, 2006 (Supra.)
VILLAMANTE
Sun Insurance v. Asuncion, G.R. Nos. 79937-38, February 13, 1989 (Supra.)
MARCELO
Phil. First Insurance v. Paramount Gen. Insurance, G.R. No. 165147, July 9,
2008 (Supra.) PAJARON
Home Guaranty Corp. v. R-11 Home Guaranty Corp. v. R-11 Builders, G.R.
No. 192649, March 9, 2011 (Supra.) DESCALLAR
Unicapital v. Consing, G.R. Nos. 175277 & 175285, September 11, 2013
(Supra.) VALDEZ
Sec. 6. Construction
Anama v. Phil. Savings Bank, G.R. No. 187021, January 25, 2012- DENILA
Tan v. Court of Appeals, G.R. No. 130314, September 22, 1998CABUENAS
Baylon v. Fact-finding Intelligence, G.R. No. 150870, December 11, 2002CANETE
Republic v. Kenrick Development, G.R. No. 149567, August 8, 2006SURALTA
Building Care Corp. v. Macaraeg, G.R. No. 198357, December 10, 2012EDANO
Uy v. Chua, G.R. No. 183965, September 18, 2009- ESPERAGOZA
Llamas v. Court of Appeals, G.R. No. 149588, August 16, 2010 BIHAG

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