You are on page 1of 78
—_— CIVIL PROCEDURE RULES 1-71 PART 1 By Lillibeth M.E.S. Abiog L 2 3. 5 6 TABLE OF CONTENTS Jurisdiction ---------------------------------------------2------- 4 Applicability and Non-applicability of the Rules of Court: Computation of Time; Construction of Rules; Cause of Action --------- Parties to an Action; Venue 4. Rules on Summary Procedure: Civil Cases Modes of Discovery (R.21—29) --------- . Ordinary Civil Actions: A Periscope - 6.1. 6.2. 63. 6.4. 6.5. 6.6. 6.7. 6.8. 69, . Provisional Remedies: Rules 57—61 - Pols GPs 73. TAs 7, . Special Civil Actions: Rules 62—71 8.1. 8.2. 8.3. 8.4. 8.5. 8.6. 87. 8.8. 8.9 8.10. Contempt--------------------------- 9. Some Aspects of Legal Ethics 10. The Lawyer's Oath ----------- Complaint ----------------------- Answer ------------- Suspension of Action Pre-Trial -. Trial --- Judgment Appeal --- Final Judgment - Execution ---------------------. Preliminary Attachment -------------------------- 50 Preliminary Injunction Preliminary Mandatory Injunction Receivership =----------------------- Replevin --------------- Support Pendente Lite - Interpleader --------------- Declaratory Relief & Similar Remedies Review of Judgments & Final Orders or Resolutions of the COMELEC & the COA---- 64 Certiorari, Prohibition, and Mandamus -- Quo Warranto-------------------------- Expropriation------------------------ Foreclosure of Real Estate Mortgage: Partition - Forcible Entry & Unlawful Detainer- 60 7-7 - back cover 11. The Duties of Attorneys ------------------------------- back cover 3 JURISDICTION: Katarungang Pambarangay (Sections 399422, RA 7160 [Local Government Code of 1991]) Sec. 412. Conciliation. — JURISDICTION: (a) No complaint, petition, action, or proceeding Sec. 408. The /upon{g tagapamayapa] of each baran- involving any matter within the authority of the gay shall have authority to bring together the par- lupon shall be filed or instituted directly in _ties actually residing in the same city or municipality court or any other government office for adju- for amicable settlement of all disputes, dication, unless there has been a confronta- EXCEPT — tion between the parties before the {upon 1. where one party is the government or any chairman or the pangkat and that no concilia- subdivision or instrumentality thereof; tion or settlement has been reached as certi- 2. where one party is a public officer or (b) fied by the lupon secretary or pangkat secre-~ tary as attested to by the /upon chairman or pangkat chairman or unless the settlement has been repudiated by the parties thereto. When parties may go directly to court. — The parties may go directly to court in the following instances: 1. where the accused is under detention; 2. where a person has otherwise been, deprived of personal liberty calling for habeas corpus proceedings; 3. where actions are coupled with provi-, sional remedies such as preliminary injunction, attachment, delivery of per- ‘sonal property, and support pendente fie; and 4, where the action may otherwise be barred by the statute of limitations. Conciliation among members of indige- nous cultural communities. — The cus- toms and traditions of indigenous cultural communities shall be applied in settling employee and the dispute relates to the per- formance of his official functions; 3. _ offenses punishabie by imprisonment exceed- jing one (1) year or a fine exceeding Five Thousand pesos (P5,000.00); 4. offenses where there is no private offended party; 5. where the dispute involves real properties located in different cities or municipalities unless the parties thereto agree to submit their differences to amicable settlement by en appropriate lupon; 6, disputes involving parties who actually reside in barangays of different cities or municipali- ties except where such barangay units adjoin each other and the parties thereto agree to ‘submit their differences to amicable settle- ment by an appropriate upon; 7. such other classes of disputes which the President may determine in the interest of justice or upon the recommendation of the . Secretary of Justice, The court in which non-criminal cases not falling disputes between members of the cultural within the authority of the lupon under the Local communities. Sec. 415. Appearance. — in all katarungang i pambarangay proceedings, the parties must ap-; pear in person without the assistance of counsel | or representative, except for minors and incompe- ‘ parties shall be submitted to the court and upon tents who may be assisted by their next-of-kin ‘ approval thereof, have the force and effect of 2 judg- Government Code are filed may, at any time before trial, motu proprio refer the case to the /ypon concemed for amicable settlement. The lise settlement agreed upon by the who are not lawyers. , Ment of said court. (Sec. 416, exception to the rule laid se ae. 5-0 _Segniic Sec. 409. Venue. — barangay where the real property or the larger £ Disputes beiween persons actually residing in the ‘same barangay shall be brought for amicable settlement before the lupon of said barangay, Those involving actual residents of different barangays within the same city or municipal- ‘portion thereof is situated; ‘Those arising at the workplace where the contend- ing parties are employed or ‘at the institution where such parties are enrolled for study shall be brought in the barangay where such workplace or institution is located. ity: shall be brought in the barangay where. Objections to venue shall be raised in the mediation the respondent or any of the respondents proceedings before the punong barangay, otherwise, actually resides, at the election of the com- the same shall be deemed waived. Any legal plainant; objections to venue may be referred to the Secretary of All disputes involving real property or Justice or his duly designated representative whose any interest therein shall be brought in the ruling shall be binding. 4