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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. 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
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. 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
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

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
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
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. Defenses
See: Rule 8, Sec. 10
Rule 16, Sec. 6

11

PBCom v. Spouses Go, G.R. No. 175514, February 14, 2011


BPI v. Spouses Royeca, G.R. No. 176664, July 21, 2008
Sec. 5. 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. 6. 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. 7. Cross-claim
See: Rule 9, Sec. 2

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