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PART I: THE 1987 RULES OF CIVIL PROCEDURE

RULE SEC
1 General Provisions
1 Title of the Rules
2 In what courts applicable
3 Cases governed
4 In what cases not applicable
5 Commencement of action
6 Construction

CIVIL ACTIONS
2 CAUSE OF ACTION
1 ordinary civil action, basis of
2 cause of action, defined
3 one suit for a single cause of action
4 splitting a single cause of action; effect of
5 joinder of cause of action
6 misjoinder of cause of action

3 PARTIES TO A CIVIL ACTION


1 Who may be parties; plaintiff and defendant
2 parties in interest
3 representative as parties
4 spouses as parties
5 minor or incompetent persons
6 permissive joinder of parties
7 compulsary joinder of indespensable parties
8 necessary party
9 non-joinder of necessary parties to be pleaded
10 unwilling co-plaintiff
11 misjoinder and non-joinder of parties
12 class suit
13 alternative defendants
14 unknown identity or name of defendant
15 entity without juridical personality as defendant
16 death of party; duty of counsel
17 death or separation of a party who is a public officer
18 incompetency or incapacity
19 transfer of interest
20 action on contractual money claims
21 indigent parties
22 notice to the solicitor general

4 VENUE OF ACTIONS
1 venue of real action
2 venue of personal action
3 venue of actions against nonresidents
4 when rule not applicable

5 UNIFORM PROCEDURE IN TRIAL COURTS


1 uniform procedure
2 meaning of terms

PROCEDURE IN REGIONAL TRIAL COURTS


6 KINDS OF PLEADINGS
1 pleadings defined
2 pleadings allowed
3 complaint
4 answer
5 defenses
6 counterclaim
7 compulsory counterclaim
8 cross-claim
9 counter-counterclaims and counter-cross-claims
10 reply*
11 third, (fourth, etc)-party complaint
12 bringing new parties
13 answer to third (fourth, ect.)-party complainant

7 PARTS OF PLEADING
1 caption
2 the body
a paragraphs
b headings
c relief
d date
3 signature and address
4 verification (as amended, am no. 00-2-10, may 1, 2010)
5 certification against forum shopping

8 MANNER OF MAKING ALLEGATIONS IN PLEADING


1 in general
2 alternative causes of action or defenses
3 conditions precedent
4 capacity
5 fraud, mistake, condition of the mind
6 judgement
7 action or defense based on document
8 how to contest such documents
9 official document or act
10 specific denial
11 allegations not specifically denied deemed admitted
12 strikingout of pleading or matter contained therein

9 RULE OF FAILURE TO PLEAD


1 defenses and objections not pleaded
2 compulsory counterclaim, or cross-claim, not set up barred
3 default; declaration of
a effect of order of default
b relief from order of default
c effect of partial default
d extent of relief to be awarded
e where no defaults allowed

10 AMENDED AND SUPPLEMENTAL


1 amendments in general
2 amendments as a matter of right
3 amendments by leave of court
4 formal amendments
5 amendments to conform to or authorize presentation of evidence
6 supplimental pleadings
7 filing of amended pleadings
8 effect of amended pleadings

11 WHEN TO FILE RESPONSIVE PLEADINGS


1 answer to the complaint
2 answer of a defendant foreign private juridical entity
3 answer to amended complaint
4 answer to counter claim or cross-claim
5 answer to third (fourth, etc) -party complaint
6 reply
7 answer to supplemental complaint
8 exsisting counter claim or cross-claim
9 counterclaim or cross-claim arising after answer
10 omitted counterclaim or cross-claim
11 extension of time to plead

12 BILL OF PARTICULAR
1 when applied for; purpose
2 action by court
3 compliance with order
4 effect of non-compliance
5 stay of period to file responsive pleading
6 bill a part of pleading
13 FILING AND SERVICE OF PLEADINGS, JUDGEMENTS AND OTHER PAPERS
1 coverage
2 filing and service, defined
3 manner of filing
4 papers required to be filed and served
5 modes of service
6 personal service
7 sevice mail
8 substituted service
9 service of judgements, final orders or resolutions
10 completeness of service
11 priorities in modes of service and filing
12 proof of filing
13 proof of service
14 notice of lis pendend

14 SUMMONS
1 clerk to issue summon
2 contents
3 by whom served
4 return
5 issuance of alias summon
6 service in person on defendant
7 substituted service
8 service uopn entity without juridical personality
9 service upon prisoners
10 service upon minors and incompetents
11 service upon domestic private juridical entity
12 service upon foreign private juridical entity
13 service upon public corporations
14 service upon defendants whose identity or whereabouts are unknown
15 extraterritorial service
16 residents temporaily out of the philippines
17 leave of courts
18 proof of service
19 proof of service by publication
20 voluntary appearance