1998 RULES OF CIVIL PROCEDURE Sec 3 – Non-resident defendants RULE 8 – MANNER OF MAKING
Sec 4 – In what cases not applicable
ALLEGATIONS IN A PLEADING RULE 1 – PRELIMINARIES RULE 5 – UNIFORM PROCEDURE IN Sec 1 – In general Sec 1 – Title Sec 2 – Alternative causes of action or defenses Sec 2 – Applicability COURTS Sec 3 – Conditions precedent Sec 3 – Cases Covered Sec 1 – Uniform procedure in courts Sec 4 – Capacity Sec 4 – In what cases not applicable Sec 5 – Fraud, mistake, condition of the mind Sec 5 – Commencement of actions RULES ON SUMMARY PROCEDURE Sec 6 – Judgment Sec 7 – Actionable document Secc 6 – Construction PECULIAR CHARACTERISTICS Sec 8 – How to contest an actionable document Cases covered Sec 9 – Official document RULE 2 – CAUSE OF ACTION Answer Sec 10 – specific denial Sec 1 – Civil action, basis Failure to answer Sec 11 - Allegations not specifically denied Sec 2 – Cause of action, defined Preliminary conference deemed admitted Sec 3 – One suit for single cause of action Affidavits Sec 12 – Striking out of a pleading Sec 4 – Splitting of cause of action Rendition of judgment *NOTE: Actionable document and exceptions Sec 5 – Joinder of causes of action Referral to lupon Sec 6 – Misjoinder of causes of action Prohibited pleadings Appeal RULE 9 – EFFECT OF FAILURE TO RULE 3 – PARTIES TO ACTION *NOTE: Prohibited pleadings PLEAD Sec 1 – Parties Sec 1 – Defenses and objections not set up Sec 2 – Real party in interest RULE 6 – PLEADINGS deemed waived Sec 3 – Representation Sec 1 – Pleadings, defined Sec 2 – Compulsory counterclaim and cross- Sec 4 – Spouses as parties Sec 2 – Pleadings allowed claim Sec 5 – Minors as parties Sec 3 – Complaint Sec 3 – Default Sec 6 – Permissive joinder of parties Sec 4 – Answer a. Effect of declaration Sec 7 – Compulsory joinder of parties; Sec 5 – Defenses; Negative and Affirmative b. Motion to lift the order of default Sec 8 – Necessary parties Sec 6 – Counterclaim c. Effect of partial default Sec 9 – Non joinder of parties Sec 7 – Compulsory counterclaim d. Extent of relief Sec 10 – Unwilling co-plaintiff Sec 8 - Cross claim e. When no default allowed Sec 11 – Misjoinder and nonjoinder of parties Sec 9 – Counter-counterclaims and *NOTE: Default; Sec 12 – Class suit counterclaims Period to answer Sec 13 – Alternative defendants Sec 10 – Reply When default not allowed Sec 14 – Unknown defendants Sec 11 – Third, Fourth, etc. party-complaint Sec 15 – Juridical persons without personality Sec 12 – Bringing new parties RULE 10 – AMENDED AND Sec 16 – Death of a party Sec 13 – Answer to third, fourth, etc. party SUPPLEMENTAL PLEADINGS Sec 17 – Death of public officer complaint Sec 1 – Amendments in general Sec 18 – Incompetency Sec 7 – Filing of amended pleadings Sec 19 – Transfer of interest Sec 20 – Money claims RULE 7 – PARTS OF A PLEADING Sec 2 – Amendment as a matter of right Sec 1 – Caption Sec 3 – Amendments by leave of court Sec 21 – Indigent parties Sec 4 – Formal amendments Sec 22 – Notice to the Sol Gen Sec 2 – Body Sec 3 – Signature and address Sec 5 – Amendments to conform with evidence *NOTE: Death of a party; Sec 6 – Supplemental pleading Money claims Sec 4 – Verification Sec 5 – Certification against non – forum Sec 8 – Effect of amendment shopping *NOTE: Distinctions between amended and RULE 4 – VENUE OF ACTIONS supplemental pleadings Sec 1 – Venue of real actions Sec 2 – Venue of personal actions RULE 11 – WHEN TO FILE Sec 15 – Extraterritorial service Sec 6 - Pre-trial brief Sec 16 – Temporarily out of the country Sec 7 – Record of pre-trial RESPONSIVE PLEDINGS Sec 17 - Leave of court *NOTE: Effects of failure to appear Sec 18 – Proof of service RULE 12 – BILL OF PARTICULARS Sec 19 – Proof of publication RULE 19 – INTERVENTION Sec 1 – When applied for; purpose Sec 20 – Voluntary appearance Sec 1 – Who may intervene Sec 2 – Duty of the clerk of court *NOTE: To whom served Sec 2 – Time to intervene Sec 3 – Compliance with the order Yuk Ling Ong vs. Co case Sec 3 – Pleadings in intervention Sec 4 – Striking out Sec 4 – Answer to the complaint intervention Sec 5 – Stay of period to file responsive RULE 15 – MOTIONS *NOTE: Mago vs. CA pleading Sec 1 – Motions, defined Matictic and Metropolitan case Sec 6 – Bill of particulars part of pleading Sec 2 – Motions must be in writing Sec 3 – Contents RULE 20 – CALENDAR OF CASES RULE 13 – FILING AND SERVICE OF Sec 4 – Hearing of motion Sec 5 – Notice of hearing PLEADINGS AND OTHER PAPERS Sec 1 – Coverage Sec 6 – Proof of service RULE 21 – SUBPOENA Sec 7 – Motion day Sec 1 – Duces tecum and ad testificandum Sec 2 – Filing and service, defined Sec 8 – Omnibus motion Sec 3 – Manner of filing Sec 2 – By whom issued Sec 9 – Motion for leave Sec 3 – Forms and content Sec 4 – Papers required to be filed and served Sec 10 – Form Sec 5 – Modes of service Sec 4 – Quashal *NOTE: Three-day notice rule and exceptions Sec 5 – Subpoena for depositions Sec 6 – Personal service Sec 7 – Service thru registered mail Sec 6 – Service Sec 8 – Substituted service + Sec 11 – RULE 16 – MOTION TO DISMISS Sec 7 – Personal appearance Priorities in mode of service Sec 1 – Motion to dismiss, grounds Sec 8 – Compelling attendance Sec 9 – Service of final judgments, resolution Sec 2 – Hearing Sec 9 – Contempt or orders Sec 3 – Resolution Sec 10 – Exception Sec 10 – Completeness of service Sec 4 – Time to plead *NOTE: Viatory right of a witness Sec 12 – Proof of filing Sec 5 – Effect of dismissal Sec 13 – Proof of service Sec 6 – Pleading grounds as affirmative RULE 22 – COMPUTATION OF TIME Sec 14 - Lis pendens defense *NOTE: Modes of service *NOTE: Grounds Explanation if not thru personal service Pleading affirmative defenses RULE 23 – DEPOSITIONS PENDING ACTION RULE 17 – DISMISSAL OF ACTIONS Sec 1 – Depositions pending action, when RULE 14 – SUMMONS Sec 1 – Dismissal by notice of dismissal taken Sec 1 – Clerk of court to issue summons Sec 2 – Dismissal by motion Sec 2 – Scope of examination Sec 2 – Contents Sec 3 – Dismissal due to the fault of the Sec 3 – Examination and cross-examination Sec 3 – By whom served plaintiff Sec 4 – Use of depositions Sec 4 – Return Sec 4 – Dismissal of counterclaim, crossclaim, Sec 5– Effect of substitution Sec 5 – Alias summons third party complaint Sec 6 – Objection to admissibility Sec 6 – Personal service *NOTE: Effect of dismissal to the counterclaim Sec 7 – Effect of taking depositions Sec 7 – Substituted service Sec 8 – Effect of using depositions Sec 8 – Entity without juridical personality Sec 9 – Prisoners RULE 18 – PRETRIAL Sec 9 – Rebutting depositions Sec 1 – When conducted Sec 10 – Persons before whom depositions may Sec 10 – Minors, incompetents be taken in the Philippines Sec 11 – Foreign juridical entities Sec 2 – Purpose Sec 3 – Notice of pretrial Sec 11 – Persons before whom depositions may Sec 12 – Domestic corporations be taken in a foreign country Sec 13 – Public corporations Sec 4 – Appearance of parties Sec 5 – Effect of failure to appear Sec 12 – Commission or letter rogatory Sec 14 – Unknown defendant Sec 13 – Disqualification by interest RULE 27 – PRODUCTION OR Sec 4 – Oath of commissioner Sec 14 – Stipulations regarding taking of Sec 5 – Proceedings before the commissioner depositions INSPECTION OF DOCUMENTS OR Sec 6 – Failure to appear of parties Sec 15 – Deposition upon oral examination THINGS Sec 7 – Refusal of witness Sec 16 – Orders for protection Sec 1- Motion for production and inspection Sec 8 – Commissioner to avoid delays Sec 17 – Record of examination Sec 9 – Report of commissioner Sec 18 – Terminate or limit Sec 10 – Notice to parties Sec 19 – Submission, changes, signing RULE 28 – PHYSICAL AND MENTAL Sec 11 – Hearing of objections Sec 20 – Certification EXAMINATION OF PERSONS Sec 12 – Stipulations Sec 21 – Notice Sec 1 – When may be ordered Sec 13 – Compensation of commissioner Sec 22 – Furnishing copies Sec 2 – Order of examination Sec 3 – Report of findings Sec 23 – Failure to attend Sec 4 – Waiver RULE 33 – DEMURRER TO Sec 24 – Failure of the party giving notice to serve subpoena EVIDENCE Sec 25 – Deposition upon written RULE 29 – REFUSAL TO COMPLY Sec 1 – Demurrer to evidence interrogatories WITH MODES OF DISCOVERY Sec 26 – Officers to take response and to rake Sec 1 – Refusal to answer RULE 34 – JUDGMENT ON THE record Sec 2 – Contempt PLEADINGS Sec 27 – Notice of filing Sec 1 – Judgment on the pleadings Sec 3 – Other consequences Sec 28 – Orders *NOTE: Distinctions between summary Sec 4 – Expenses Sec 29 – Effect of errors and irregularities judgments and judgments on the pleading Sec 5 – Failure to attend Sec 6 – Expenses against the Republic RULE 24 – DEPOSITIONS BEFORE *NOTE: Commission and letters rogatory RULE 35 – SUMMARY JUDGMENTS Use of depositions ACTION OR PENDING APPEAL Consequence of failure to comply Sec 1 – Summary judgment for claimant Sec 1 – Depositions before action, petition Sec 2 – Summary judgment for defending party Sec 2 – Contents of the petition Sec 3 – Motion and proceedings thereon Sec 3 – Notice to parties RULE 30 – TRIAL Sec 4 – Case not fully adjudicated Sec 4 – Order Sec 1 – Notice of trial Sec 5 – Form of supporting affidavits Sec 5 – Reference to court Sec 2 – Adjournments Sec 6 – Bad faith Sec 6 – Use of depositions Sec 3 – Postponement; absence of evidence Sec 4 – Postponement; Illness Sec 7 –Depositions pending appeal Sec 5 – Order of trial RULE 36 – JUDGMENTS Sec 1 – Rendition of judgments and final order Sec 6 – Stipulation of facts RULE 25 – INTERROGATORIES TO Sec 7 – Record of trial Sec 2 – Entry of judgments and final order Sec 3 – Judgment for or against several parties ACTION Sec 8 – Suspension Sec 4 – Several judgments Sec 1 – Interrogatories Sec 9 – Reception of evidence Sec 5 – Separate judgments Sec 2 – Answer Sec 6 – Judgment against an entity without Sec 3 – Objections RULE 31 – CONSOLIDATION OR juridical personality Sec 4 – Number SEVEREANCE *NOTE: Special types of judgment Sec 5 – Scope Collateral attack of judgments Sec 1 - Consolidation Sec 6 – Effect of failure to serve (Lack of jurisdiction, irregularity) Sec 2 – Separate trials Rule of finality of judgment RULE 26 – ADMISSION OF PARTIES RULE 32 – TRIAL BY Exception – rule on finality Sec 1 – Request for admission COMMISSIONER Sec 2 – Implied admission Sec 1 – Reference by consent RULE 37 – NEW TRIAL OR Sec 3 – Use Sec 4 – Withdrawal Sec 2 – Reference by motion RECONSIDERATION Sec 5 – Effect if failure to serve Sec 3 – Order of reference Sec 1 – Grounds Sec 2 – Contents Sec 11 – Execution of special judgments Sec 39 – Obligor may pay execution against Sec 3 – Action by the court Sec 12 – Execution of levy on execution as to oblige Sec 4 – Resolution of motion third parties Sec 40 – Order for application of property and Sec 5 – Second motion for new trial Sec 13 – Property exempt from execution income to satisfaction of judgment Sec 6 – Effect of granting new trial or Sec 14 – Return of writ of execution Sec 41 – Appointment of receiver reconsideration Sec 15 – Notice of sale on execution Sec 42 – Sale of ascertainable interest of Sec 7 – Partial new trial Sec 16 – Terceria judgment obligor in real estate Sec 8 – Partial recon Sec 17 – Penalty for selling without notice, Sec 43 – Proceedings when indebtedness Sec 9 – Effect of denial removing or defacing notice denied or another person claims the property *NOTE: Grounds Sec 18 – No sale if judgment and cost paid Sec 44 – Entry of satisfaction of judgment by Attachments for each ground Sec 19 – How property sold at an auction Appclerk of court Pro forma motion Sec 20 – Refusal to pay Sec 45 – Entry of satisfaction with or without Effect Sec 21 – Judgment obligee as purchaser admission Sec 22 – Adjournment of sale Sec 46 – When principal bound by judgment RULE 38 – PETITION FOR RELIEF Sec 23 – Conveyance to purchaser of property against surety Sec 1 – Petition for relief from judgment, final capable of manual delivery Sec 47 – Effect of judgment or final orders order or any other proceeding Sec 24 – Conveyance of personal property to Sec 48 – Effect of foreign judgments or final Sec 2 – Petition for relief from denial of appeal purchaser not capable of manual delivery orders Sec 3 – Period to file Sec 25 – Conveyance of real property; *NOTE: Grounds for refusal of issuance of writ Sec 4 – Order to file an answer certificate thereof given to purchaser and filed Good reason for discretionary execution Sec 5 – Preliminary Injunction with registry of deed Reparation, Restitution Sec 6 – Procedure after answer is filed Sec 26 – Certificate of sale where property Grounds for quashal of writ Sec 7 – Procedure where denial of an appeal is claimed by third person 3 ways to attack final judgment set aside Sec 27 – Who may redeem property sold Special judgments & Specific acts *NOTE: Period to file Sec 28 – Time and manner of, and amounts Res judicata Effect if granted payable on, successive redemptions; notice to be given and filed RULE 40 – APPEAL FROM THE MTC Sec 29 – Effect of redemption by judgment RULE 39 – EXECUTION, obligor, and a certificate to be delivered and TO THE RTC SATISFACTION AND EFFECTS OF recorded thereupon; to whom payments on Sec 1 – Where to appeal Sec 2 – When to appeal JUDGMENTS redemption made Sec 3 – How to appeal Sec 1 – Execution upon judgments or final Sec 30 – Proof required of redemptioner Sec 31 – Manner of using premises during Sec 4 – Perfection of appeal; Effect thereof orders Sec 5 – Appellate court docket and other lawful Sec 2 – Discretionary execution redemption Sec 32 – Rents, income, earning pending fees Pending appeal; Separate, Several, Partial Sec 6 – Duty of the clerk of court judgments redemption Sec 33 – Deed and possession to be given at Sec 7 – Procedure in the RTC Sec 3 – Stay of discretionary execution Sec 8 – Appeal from orders dismissing case Sec 4 – Judgments not stayed on appeal expiration of redemption period; by whom executed or given without trial; lack of jurisdiction Sec 5 – Effect of reversal of judgments Sec 9 – Applicability of Rule 41 Sec 6 – Execution by motion or by independent Sec 34 – Recovery of price if sale not effective; judgment revival of judgment Sec 7 – Execution upon death of party Sec 35 – Right to contribution or RULE 41 – APPEAL FROM THE reimbursement Sec 8 – Issuance, form, and content of writ Sec 36 – Examination of judgment obligor REGIONAL TRIAL COURTS Sec 9 – Enforcement of judgment for money Sec 1 – Subject of appeal a. Direct payment when judgment unsatisfied Sec 37 – Examination of judgment obligor Sec 2 – Modes of appeal b. Levy Sec 3 – Period of ordinary appeal c. Garnishment Sec 38 – Enforcement of attendance and conduct of examination Sec 4 – Appellate court docket and other lawful Sec 10 – Execution of judgment for specific fees acts Sec 5 – Notice of appeal Sec 6 – Record on appeal Sec 8 – Appellee’s brief Sec 7 – Approval of record on appeal Sec 9 – Appellant reply brief Sec 8 – Joint record on appeal Sec 10 – Period to file memoranda in special Sec 9 – Perfection of appeal; Effect thereof cases Sec 10 – Duty of the clerk of court Sec 11 – Several parties or counsel Sec 11 – Transcripts Sec 12 – Extension Sec 12 – Transmittal Sec 13 – Contents of appellent’s brief Sec 13 – Dismissal of appeal Sec 14 – Contents of appellee’s brief Sec 15 – Questions raised RULE 42 – PETITION FOR REVIEW FROM THE RTC TO THE CA RULE 45 – APPEAL BY CERTIORARI Sec 1 – How to appeal; Time for filing TO THE SUPREME COURT Sec 2 – Form and contents (7copies) Sec 1 – Filing of petition with the SC Sec 3 – Effect of failure to comply with Sec 2 – Time for filing extension requirements Sec 3 – Docket and other lawful fees Sec 4 – Action on the petition Sec 4 - Sec 5 – Contents of comment Sec 6 – Due course Sec 7 – Elevation of record Sec 8 – Perfection of appeal Sec 9 – Submission for decisio
RULE 43 – APPEALS FROM QUASI-
JUDICIAL AGENCIES TO THE CA Sec 1 – Scope Sec 2 – Cases not covered Sec 3 – Where to appeal Sec 4 – Period of appeal Sec 5 – How appeal taken Sec 6 – Contents of the petition Sec 7 – Effect of failure to comply Sec 8 – Action Sec 9 – Contents of comments Sec 10 – Due course Sec 11 – Transmittal Sec 12 – Effect of appeal Sec 13 – Submission of case for decision
RULE 44 – ORDINARY APPEALED
CASES Sec 1 – Title of cases Sec 2 – Counsel and guardians ad litem Sec 3 – Order of transmittal of record Sec 4 – Docketing of the case Sec 5 – Completion of records Sec 6 – Dispensing with complete record Sec 7 – Appellant’s brief
Law School Survival Guide (Volume I of II) - Outlines and Case Summaries for Torts, Civil Procedure, Property, Contracts & Sales: Law School Survival Guides