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SYLLABUS ON CIVIL PROCEDURE - 1:-1.'

PART l: Rule 1 and introductory Matters -

A. Rule making Power of the Supreme Court - Section 5(5), Art. Vlll 1987
Constitution. - Extent and Limitations

B. Applicability of the Rules of Court - in all courts except those as may be

providdd by the Supreme Court. (Section 1 and 2, Rule 1, 1997 Rules of
Civil Procedure),and when not applicable (Section 4)

C. Case governed - Section 3, Rule 1

1) Distinction between: a) civil and criminal actions; b) ordinary and

special civil action; c) civil action and special proceedings. i

2) Classification of Actions:

a) According to cause/nature/foundation
b) According to place where instituted
c) According to the object.
D. Commencement of Actions - Section 5, Rule 1

1) Elements of a valid jurisdiction in civil cases. How obtained.

2) Distinction between jurisdiction and venue in civil cases
3) Jurisdiction of the Supreme Court, Section 5, Article Vlll, 1987
Constitution (concunent original and exclusive appellate);
4) Jurisdiction of the court of Appeals under B.p. 129, as amended by
R.A. 7902 (original concurrent, original exclusive and exclusive appellate);
5) Jurisdiction'of SANDIGANBAYAN in civir cases under p.D. 1606, as
amended by R.A. 8249 (original concurrent and original exclusive)
6) Jurisdiction of the Regional Trial Courts in Civil Cases, under 8.p.129,
as amended (original concunent, original exclusive, exclusive
appellate, special jurisdiction).

a) Personal actions, monetary claims and damages

b) REAI ACI|ONS 7) SPOUSES JORGE J. HUGUETE ANd YOLANDA B. HUGUETE

VS. SPOUSES TEOFEDO AMARILLO EMBUDO and MARITES HUGUETE.EMBIJDI, G.R.
No. 149554, July 1, 2003 -

c) Actions not capabte of pecuniary estimation - Test for determining

whether subject is not capable of pecuniary estimation. (Russe/ ys. Vestit, 304
SCRA 738; Copioso ys. Copioso,3gT SCRA 325)

d) Mijares, et al vs. Ranada, et al., G.R. No. 13gg2|, April 12,2OOs

7) Jurisdiction of the Metropolitan Trial Courts (MeTC), Municipal rrial

Courts (MTC) and Municipal Trial Courts (MTC) in civil cases pursuant
to B.P. 129, as amended by R.A. 7691 (exclusive original, delegated
and specialjurisdiction). :
8) What vests upon the court jurisdiction over the case, payment of
Docket Fees (Manchester Development Corporation vs. CA, 14g
SCRA 562; Sun lnsurance Office Ltd. (SlCf ) ,.u. Asuncion, 170 SCRA
275)

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9)Section6,Rule]Constluction_Liberalconstructioninorderto
,'lrrt ^.Gdy ?n9 inexpensive disposition
promote their objective of securing al' vs' CA' Pepsi' et' al '
of every action or proceeglry,, @miitbanfos'- et'
C a rto ,
rsrands ys Dando, G R No
177456,
ilrr{ ,l''{n: ?l?,1}0,r"_Court' held that:
Septeioei 4,, 2009, the Supieme
..Therearereasonsjustifyingthecourts.tosuspendstrict
life, liberty'
adherence to the procedurat
,ri"". such as, (a) matters of
(b) of
special or
compelling
honor or
property;
"*iit"n""case; (d) a cause not entirely
circumstances; (c) the merits'oi-flr" of favored by the
to the fault or neO-lrOe1l" ll:-Partv
attributable
(e) any showinq that it is merely
suspension oj tn"
"t"t;and O ir,"i""i itt"t tlt" oirt"t party will not
frivotous or ditatory;
-laik"of
be Prejudiced therebY'"

lnthecaseofLandBankofthePhilippinesys.Celada,479SCRA495' of
in" btinciple. oi tiO""iity of the rulesthe
502, theSupreme Court ,pptili just because
not to "r"n tn"
dismiss on i""nnicar.grounds
orocedure and
i"ii"Jto "ill
inOillle nis nott of Atiorneys' number which
is
counset tor petitiin"], is a membei of the court
or not'
even more irpo.trnt as it indicates?"ornsel
when lt held that:
..xxxontheotherhand,theJailureofcounseltoindicatehisRoll
J not -h"" sbeen
;;.pondent' substantive ri g hts'
of Attorneyr, n, i..i"i-*o J "ff;;t directed to
such that p"tit[;'';"ilun"9r;;ii rattrer ttran dismiss the
comply with the latter '"q'i'"'ilni
grounds'"
petition on p""ty technical
and again that cases
" x x x Moreover' we have held time after the
as poss-ib1e' Oe Olei"tmin"O on the merits
should, as much vintifate their causes and
parties nave Oeen gir"n
- tuff oppo,i,lnii,'io
or. some procedural
defenses, l"r,n-"i ih"n on' .technilality il;;; [rocedure are not
ends in
Rtilr i""nn'"d
imperfection'
oui are 'li'primarirv ofi["J t,i help in the proper and the
themsetves ln appropriate c€ses' therefore'
oispenlatiol of iusiice'
expedient in oii"t'to meet and advance the
rutes may b" ;;;;i;J riueratty
O4 manah lstamic lnvestment
ot suOstantial justic" t"i''tb
cause
phitippines ys. Ci|i'irii. iravel and Tours' lnc'' 436
Bank of the
scRA s56).

PART II. - CIVIL ACTIONS

A. ORDINARY CIVIL ACTIONS - (Rule 2 to 56)

of obligation
- must be based on the sources
Rule 2 - Gause of Action
of action;
ordinary :i1il.''"tion; cause
Sections 1 and 2 - Basis of every
O"t L"n-tighi of action
and cause of action'
definition, elements, distinction G'R' No" 1384e7',
n,uLtt rte ryryy.-LOPEZ'
".^rru3liil#; co!19litoN vs' couft of
RELUC(I Appeats'
illustrations. (\MELDA
ranuary 16, 2002; i:nitiiiuEZnop

'!.:!;;tf,.f
'sitiago, rifififltii'r#qi::i*::;;ryiwwr
scRA457 744)'
splitting a effect of
sections 3 and 4 - one suit for a single cause 9_f^^action,
on the merits to any one
single cause ;",;; ti"l,ing ot onJ otludgment
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shall be a ground for the dismissal of the other. (litis pendentia or res
judicata.

Sections 5 and 6 - Joinder of causes of action and misjoinder of causes of

action; conditions to effect a valid joinder of causes of action; effects of
misjoinder.

Rule 3 - Parties to Civil Action -

1) Section 1 - Who may be parties ( plaintiff and defendant)

2) Section 2 - Parties in lnterest - Real party in interest

3) Kinds of Parties. - requisites (Sections 3 to 21)

a) Representative parties
b) Spouses
c) Minors or incompetent persons
d) Permissive parties
e) lndispensable parties (Lozano vs. Ballesferos, 195 SCRA 681)
0 Necessary parties
g) Class suit
h) Alternative defendants
i) Unknown defendants
j) Entity without juridical entity
k) lndigent party

3) What is the effect if : there is non-joinder of necessary parties; co-

plaintiff is unwilling to join the other plaintiffs; there is mis-joinder or non-
joinder of parties. (Sections 9, 10 and 1 1).

4) Section 1.6'- Duty of counsel when a party dies

5) Sections 17 , 18 and 19 - Effect when a party who is a public officer

dies or separated from the service; becomes incompetent or
incapacitated, or there is a transfer of interest during the pendency of the
action.

5) Section 20 - Effect if defendant dies in an action based on contractual

money claims (recovery of a sum of money based on contract, express or
implied) Actions that survive and actions which do not survive or
extinguished by the death of the defendant..

6) Notice to the Solicitor General (Section 22)

Rule 4 - Venue of Actions -

1) Real Actions (Section 1)

2) Personal Actions (Section 2)

3) Venue of non-resident defendants an the actions affects the personal

status of the plaintiff or any property of said defendant located in the
Philippines. (Section 3)

4) Exceptions - when not applicable (Section 4)

a) where the specific rule or law provides otherwise;

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b) agreement based on words of exclusivity 6rnruou P. ARQUERO vs.

HONORABLE NAPOLEON J. FLOJO, G.R. t\Io. L-68111 December 20, 1988).

Rule 5 - Uniform Procedure in Trial Courts; exceptions (Section 1)

PROCEDURE IN REGIONAL TRIAL COURTS -

Rule 6 - Kinds of Pleadings

1) Section 1 and 2 - Definition of pleadings and pleadings allowed.

2) Kinds of Pleadings: Sections 3 to 13

a) Complaint - definition; distinction between ultimate and evidentiary facts

b) Answer and kinds of defenses:
(1) negative
(2) affirmative
(3) distinction between specific and general denials

c) Counterclaims: Compulsory and Permissive (Alday vs. FGU lnsurance

Corp., G.R. No. 138822, January 23, 2001). docket fees for
counterclaims
d) Cross-claim
e) Reply
0 Third (Fourth, etc) Party-Complaint and its answer

3) Section 12 - Bringing in new parties.

Rule 7 - Parts of a Pleading - Sections 1 to 5

a) Caption
b) Body
c) Signature and address
d) Verification
e) Certification against forum shopping - Purpose of the Rule; what
constitutes forum-shopping; test of forum shopping; sanctions against
forum shopping; effects of non-compliance;
0 Certificate of non-forum shopping should be signed by the party, not by
the counsel ( Far Eastern Shipping Co. vs. Court of Appeals, 297 SCRA
30; Five Sfar Bus Co., lnc. vs. Court of Appeals,373 SCRA 367).

g) compulsory counterclaim does not require certificate against forum-

shopping (Sto. Tomas University Hospital vs. Surla, 294 SCRA 382;
Estherlita Cruz-Agana vs. Sanfrago-Lagman, et. al., G.R. 139018; April 11,
2005).

h) Signature of one spouse - substantial compliance (Dar vs. Alonzo-

Leganto,339 SCRA 326).

(THE EXECUTIVE SECREIARY vs. 6ORDOru, G.R. No. 134171 November 16, 1998;
SAMAHAN /VG MGA MANGGAGAWA SA SAMMA.LAKAS SA INDUSTRIYA NG
KAPATIRANG HALIGING AIYANSA (SAMMA-LIKHA) vs. SAMMA CORPORATION, G.R.
No. 167141, March 13, 2009; MARANAW HOIETS A/VD RESORT CORP. vs. COURT OF
APPEALS, SHERYT OABEL AND MANILA RESOURCE DEVELOPMENT CORP., G.R. NO.
149660, January 20, 2009).
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i) Loreta Torres, et. al vs. Specralized Packaging Dev. Corp., G.R. 149634,
July 6,2004.

Rule 8 - Manner of Making Allegations in Pleadings - Sections 1 to 12

a) Section 1 - ln general what shall a pleading contain - in methodical

and logical form a plain, concise and direct statement of the ultimate
facts of which the party pleading relies his claim or defense; omitting
evidentiary facts.

lf a defense is based on law, the pertinent provisions and their

applicability shall be clearly and concisely stated.

b) Sections 2 to 6, and 9. - How to allege alternative causes of action or

defenses; conditions precedent, capacity, fraud, mistake, conditions of
the mind; judgment, official document or act.

c) Sections 7 and 8 - actionable document, how to allege and how to

contest genuineness and due execution.

d) Sections 10, 11 and 12 - How to make specific denials; effect if

allegations are not specifically denied; Striking out of pleading or
matter contained therein.

Rule 9 - Effect of Failure to Plead -

a) Effect of defenses or objections not raised in a motion to dismiss or
answer (Section 1);

b) Effect of compulsory counterclaim or crossclaim not set up (Section 2);

c) Declaration of default; effect of order of default; remedy to lift default

order; requisites for the lifting of order of default; effect of partial relief;
extent of relief awarded; where no defaults allowed (Section 3).

Rule 10 - Amended and Supplemental Pleadings -

a) Amendments in general, how amendments are made - Section 1

b) Distinction between Amendment as a matter of right and amendment

as a matter of discretion or with leave of court (Sections 2 and 3);
- After the defendant has appeared by virtue of a summons, and
presented a motion to dismiss, he may be served with the
amended complaint, without need of another summons and in
the same form and manner that ordinary motions or papers are
served. (Gumabay ys. Baralin, 77 SCRA 258; Pan-Asiatic
Travel corp vs. court of Appeals, 164 SCRA 623; De Dios vs.
Court of APPeals,212 SCRA 519)
c) Distinction between formal and substantial amendments (Section 4)
O) AmenOment to conform to the evidence or authorize presentation of
evidence and supplemental pleadings (sections 5 and 6)
e) Filing and effect of amended pleading (sections 7 and 8).
Rule 11 - When to file Responsive Pleadings

a) Answer to ordinary complaint, of the defendant foreign, or private

juridical entity; to amended complaint; answer to counterclaim; answer
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to third (fourth etc) complaint; answer to supplemental complaint.

Sections 1 to 5; andT
b) Reply - when to file - Section 6
c) Existing counterclaim or crossclaim; that which matures after answer'
omitted counterclaim or cross-claim (Sections 8 to 10).
d) Extension of time to plead - Section 11.

Rule 12 - Bill of Particulars

a) When applied for and purpose (Section 1)

b) Effect of denied/granted and if not complied (Sections 2 to 4).
c) Stay of period to file responsive pleading and nature of bill of
particulars when filed. (Sections 5 and 6).

Rule 13 - Filing and Service of Pleadings, Judgments and other papers

a) Coverage, Distinction between filing and service; manner of filing,

personal or by mail; what papers are required to be filed and served
(Sections 1 to 4);
b) Modes of service - personal or by mail (Sections 5 to 8)

(1) personal service

(2) service by mail
(3) substituted service

c) Service of judgments, final orders, resolutions - personal or by mail

(Section 9)

d) When is service completed: personal and service by mail (Section 10)

e) Priorities in the modes of service - Section 1 1

0 Proof of filing and proof or service - Sections 12 and 13

g) Notice of lis pendens (Section 14)

Rule 14 - Summons

a) Who will issue summons; what are its contents; who will serve
summons and return; alias summons (Sections 1 to 5).
b) Personal service and substituted service of summons (Sections 6 and
7)

(arcuvntnoo EJERctTo and JosE MARTTNEZ vs. M.R. yARGAS CONSTRLJCTION,

BRION, MARCIAL R. VARGAS, Sole Owner, RENATO AGARAO, G.R. No. 172595,
April 10, 2008; FORTUNATO GOMEZ and AURORA GOMEZ vs. COURT OF
APPEALS, ADOLFO TROCINO and MARIANO TROCINO, G.R. No, 127692 , March
10, 2004)

c) How service made on the following defendants: (Sections 8 to 17).

(1) entity without juridical entity;

(2) prisoners;
(3) minors and incompetents;
(4) domestic private juridical entity;
(5) service upon foreign private juridical entity (doing business in
the Phil)
(6) Service upon public corporations
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(7) Service upon unknown defendant

iAi fxtraterriiorial service defendant does not reside and
- is not
found in the Phil., and the actions affects the personal status of
the plaintiff, or relates to, or the subject of which, property within
the Phil. ln which the defendant has or claims a lien or interest;
or which the relief demanded consists in excluding the
defendant from any interest therein; or the property of the
defendant has been attached within the Phil., or residents
temporarily out of the Phil. (with leave of court)
(9) Proof or service - personal or substituted and service by
publication (Section 18 and 19).
(10) Voluntary Appearance (Section 20)'

Rule 15 - Motions

a) What are motions; forms of motions; contents (Sections 1 to 3)

b) Mandatory Requisites in filing motions (Sections 4 to 5)
Sections 4 and 5, Rule 15 of the 1997 Rules of Civil Procedure are
mandatory provisions, and they should not just be ignored. As provided in
said rule:

"SEC. 4. Hearing of motion.- Except for motions which the court

may act upon without prejudicing the rights of the adverse party,
written motion shall be set for hearing by the applicant.
"rery
Every written motion required to be heard and the notice of the
hearing thereof shall be served in such a manner as to ensure its
receipiby the other party at least three (3) days before the date of the
hearing, unless the court sets the hearing on shorter notice.

"Sec. 5. Notice of hearing. - The notice of hearing shall be

addressed to all parties concerned, and shall specify the time and
date of the hearing which must not be later than ten (10) days after
the filing of the motion."

Thus, in rnany cases, the Supreme Court has ruled that a motion that
does not contain a notice of hearing is but a mere scrap of paper' lf filed in
court it should be disregarded and ignored, and is not entitled to
judicial
cognizance. tt is not evln a motion for it does not comply with the rules,
hen"e, the clerk has no right to receive it- (Goldloop Propelres, lnc'
"nd
is. Cn, 212 SCRA 498, 504; Tiaders Royat Bank vs. CA, 208 SCRA 199'
205; Prado vs. Veridiano ll, 204 SCRA 654, 666)'

A motion which does not meet the requirement of Sections 4 and 5,

right
Rule 1S is considered a worthless piece of paper which the clerk has no
to receive and the court has no authority to act upon (Cruz vs' CA, 388
SCRA 72, 8O),

ln casa//a vs. People,3gl SCRA 344, 348, the supreme court held:

"We have ruled in a number of cases that the requirements laid

down in the Rules of court, that the notice of hearing shall be
place
directed to the parties concerned and shall state the time and
for the hearing of the motion, are mandatory' lf not religiously
complied witn, iney render the motion pro forma- As such the motion
 8

is useless piece of paper that will not toll the running of the
prescriptive period.

Likewise, in the case of Jehan Shipping Corporation vs. National Food

Authority, 477 SCRA 781, the Supreme Court held:

"This Court has indeed held time and time again that, under
Section 4 and 5 of Rule 15 of the Rules of Court, mandatory is the
notice requirement in a motion, which is rendered defective by failure
to comply with the requirement. As a rule, a motion without a notice of
hearing is considered pro forma and does not affect the reglementary
period for the appeal or the filing of the requisite pleading.

"AS an integral component of procedural due process, the three-day

notice requirement by the Rules is not intended for the benefit of the
movant. The test is the presence of the opportunity to be heard, as
well as to have time to study the motion and meaningfully oppose or
controvert the grounds upon which it is based.

"The requirement is for the purpose of avoiding surprises that

may be sprung upon the adverse party, who must be given time
to study- ano meet the arguments in the motion before a
resolution by the court. Principle of natural justice demand that
the right of i party should not be affected without giving it an
opportrnity tobe treara. (See Juan vs. People, 322 SCRA 125; Tan
vs. coutt of Appeats,2gS scRA 755; Nerivs. De la Pefia, 457 SCRA
538; Com*riiy Rurat Bank of Guimba, lnc. vs. Talavera, 455 SCRA
34; Gonzales vs. Batikatan Kitusang Bayan sa Panalalapi, lnc. 454
scRA 111)

c) Proof of service required; motion day; omnibus motion; motion for leave
(Sections 6 to 9)

Rule 16 - Motion to Dismiss -

a Grounds of motion to dismiss - (a) to (l)
b Hearing of motion; resolution of motion, effects if denied and time to
plead, effects if granted (Sections 2 to 5).
irleading grounds of a motion to dismiss as affirmative defense
(Section 6).

Rule 17 - Dismissal of Actions -

a) Dismissal at the instance of Plaintiff (Sections 1 and 2)

1) with notice and effects of dismissal

2) upon motion and effects of dismissal

b) Dismissal due to fault of plaintiff and its effects (section 3)

cj Dismissal of counterclaim, cross claim or third party complaint (Section 4)

Rule 18 - Pre-trial

a) When conducted; nature and purpose; notice of pretrial; appearance

of parties; effect of failure to appear (Sections 1 to 5);
b) Pretrial Brief and Record of Pre-trial (sections 6 and 7).
 9

Rule 19 - lntervention

a) Who may intervene; time to intervene; pleadings in-intervention; answer to

complaint-in-intervention (Sections 1 to 4)

Rule 20 - Calendar of Cases

a) Calendar and Assignment of cases (Sections 1 and 2)

Rule 21 - Subpoena

a) Distinction subpoena and subpoena duces tecum; by whom

issued; form and (Sections 1 to 3);
b) Quashing a subpoena; subpoena for deposition; service; personal
appearance in court; compelling attendance; sanctions as contempt
and exceptions (Sections 4 to 10).

Rule 22 - Computation of Time

a) How to compute time; effect of interruption (Sections 1 to 2).

MODES oF DlsGovERY - Rule 23 to Rule 29 (virata vs. sandrganbayan,

G.R. No. 114331; May 27, 1997).

Rule 23 - Deposition Pending Action

a) When taken - with leave after jurisdiction over the defendant has been
obtained; without leave if jurisdiction over defendant has not been obtained
yet; scope of examination (Sections 1 and 2); Distinction between deposition
upon oral examination and deposition upon written interrogatories (Sections
15 and 25).

b) Use of depositions (Section 4).

1) by any party for impeachment purposes

2) deposition of a party or of any one who was an officer, director or a
managing agent of a public or private corporation or association which is a
party - may be used by the adverse party for any purpose;
3) deposition of a witness whether or not a party who is dead, more than
100 km distance from the place4 of trial or hearing or is out of the phil.,
unable to attend or testify by reason of age, sickness, infirmity or
imprisonment, etc. - may be used by any party for any purposes.

b) Objections to Admissibility; effects of taking and using deposition

(Sections 6, 7 and 8);

c) Persons before whom deposition is taken within the Phil. And in foreign
countries; distinction between commission and letters rogatory (Sections 1b,
11 and 12).

d) Notice of filing and furnishing copies; failure to attend of party giving

notice; failure of party giving notice to serve subpoena; orders for the
protection of parties and deponents; effect of errors and irregularities.
(Sections 21 lo 29).

Rule 24 - Depositions before Action or Pending Appeal -

 -<* {
l0

a) -
Deposition before action when and how filed; contents of petition,
notice and service, order and examination, reference to court and use
of deposition (Sections 1 to 6);
b) Deposition pending appeal (perpetuation of testimony) Section 7.

Rule 25 - lnterrogatories to Parties -

a) Distinction between deposition through written interrogatories and
interrogatories to parties;
b) When flled with or without leave of court, with leave of court after
jurisdiction over the defendant has been acquired. (Section 1)

c) Answer to intenogatories, Objections, Number, scope and use of

interrogatories; effect of failure to serve written interrogatories.
(Sections 2 to 6).

Rule 26 - Admission By Adverse Party -

a) Request for admission to be filed at any time after issues have been
joined, without need of leave of court (Section 1);

b) Effect if failed to serve within 15 days or as the court may direct, a

sworn statement of admission or denial or set forth why he could not
deny or admit; and objections thereto. (Section 2);

c) Effect of admission; withdrawal of admission; effect of failure to file and

serve a request for admission. (Sections 3 to 5).

$ ln Lartada vs. CA, G.R. No. 102390; Nesf/e Phil., lnc. vs. CA, G.R. No.
102404, February 1, 2002 - May the counsel of a party for whom a written
request for admission is addressed under Section 1, Rule 26 answer such
request for his client? Yes.
d)

Rule 27 - Production or lnspection of Documents or Things -

a) when to file - always with leave of court by way of motion; scope
(Section 1);

Rule 28 - Physical and Mental Examination of Persons -

a) When may be ordered - in an action in which the mental or physical
condition of party is in controversy; always with leave of court.
(Section 1).

b) Order of examination; report of findings; waiver of privilege

Rule 29 - Refusal to Comply with Modes of Discovery -

a) Sanctions on refusal to answer (Section 1);
b) Contempt and other consequences (Sections 2 and 3);
c) Expenses on refusal to admit; failure of party to attend or serve
answers; expenses against the Republic of the Phil.(Sections 4 to 6).

Rule 30 - Trial
 ll

a) Notice of trial, adjournments and postponements (Sections 1 and 2);

b) Requisites of motion to postpone for absence of evidence; or illness of
party or counsel (Sections 3 and 4);
c) Order of trial (Section 5);
d) Agreed statement of facts; Statement of Judge; Suspension of actions;
and judge to receive evidence; delegation to clerk of court (Sections 6
to 9).

Rule 31 - Consolidation or Severance

a) Distinction between consolidation and severance; consolidation and
permissive joinder of parties (Sections 1 and 2).

Rule 32 - Trial by Commissioners -

a) Reference may be ordered only upon consent of both parties, and with
motion (Sections 1 and 2);

b) Order of reference and powers of the commissioner; oath ,

proceedings, report of commissioner, notice to parties of the filing of

repot; Hearing upon Report; stipulations as to findings, compensarion
(Sections 3 to 13).

Rule 33 -Demurrer to Evidence -

a) When filed, who will file, grounds, requisites, effect if denied or granted
(Section 1)
b) Distinction between demurrer to evidence in civil case and criminal
cases.

Rule 34 - Judgment on the Pleadings -

a) When filed, who will file, grounds, requisites, effect if denied or granted
(Section 1).
b) Distinction between motion to dismiss and motion for judgment on the
pleadings;

Rule 35 - Summary Judgments -

a) When filed, who will file, grounds for filing, requisites, effect if denied or
granted (Sections 1 and2),

b) Motion to be served at least ten (10) days from hearing (Section 3)

c) Distinction among judgment by default, judgment on the pleadings and

summary judgment.

d) Case not fully adjudicated on motion (Section 4);

e) Form and contents of Affidavit and effect of affidavit in bad faith.

(Sections 5 and 6).

Rule 36 - Judgments, Final Orders and Entry Thereof -

a) Rendition of judgments and final orders; requisites, parts of a judgment
(Section 1)
b) Distinction between final order and final and executory order; Entry of
Judgments and Final Orders (Section 2)
 12

c) Kinds of judgments:

1)judgment for one or against one or more of several parties (Section 3);

3) Severaljudgments (Section 4);

4) Separate judgments (Section 5)
S) luOgment against entity without juridical personality (Section 6)
6i Distinction between judgment upon compromise anq judgment by
confession.

Rule 37 - New Trial or Reconsideration -

a) Motion for New Trial - who will file; when to file, grounds for filing
(Section 1)
b) - who will file; when to file and grounds for
Motion for Reconsideration
filing (Section 1)
c) Conlents and notice of hearing of motion for new trial or
reconsideration; requisites, Affidavit of merit if based on FAME
(Section 2).
d) becond motion for new trial - not existing nor available when the first
motion was filed; no second motion for reconsideration. (Section 3).
e) Effect of granting of motion for new trial (Section 4)
0 partial new trial-or reconsideration; effect of order for partial new trial
(Section 5)
g) Lffect if motion for new trial or reconsideration is denied; remedy
(Section 6).

Rule 38 - Relief From Judgments, Orders or Other Proceedings -

a) Petition fOr Relief from judgment, order or other proceedings; who will
file; when to file; grornds f6r filing, requisites, contents (Sections 1 and
3)
b) Petition for Relief from denial of appeal (Section 2)'
c) Order to file an answer (Section 4)
d) Preliminary lnjunction pending proceedings (section 5)
ei Proceedings after answer is filed (Section 6)
0 procedurJwhere the denial of an appeal is set aside (Section 7)'

Rule 39 - Execution, satisfaction and Effect of Judgments -

of
a) Distinction Execution as a matter of right and execution as a matter
discretion; who to file, when to file, subject, grounds, requisites,
contents (Sections 1 and 2).

b) How to stay discretionary execution or execution pending appeal,

judgment not
requisites; iistinguisned irom Section 19, Rule 70);
stayed ov appei (injunction, receivership, accounting and support);
effect of reversal of executed judgment on appeal or otherwise
(Sections 3, 4 and 5)

c)Executionbymotionorbyindependentaction(Section6)

d) Execution in case of death of party (Section 7)

(section 8)
e) lssuance, form and contents of a writ of execution
 ,{ {
l3

0 How to execute:

1) Money Judgment
2) Judgments for sPecific acts
3) Specialjudgments

g) Effect of levy on execution as to third person and proceedings where

property claimed by third person; third party claim (Sections 12 and
16);
h) Property exempt from execution; return of writ of execution
(Sectionsl3 and 14)
i) ilotice of sale of property on execution; penalty for selling without
notice; effect on saie if judgment and costs are paid; how property sold
on execution; who may direct and manner of sale; effect if purchaser
fails to pay; effect if judgment obligee is the purchaser; adjournment of
sale (Sections 1 5, 17 , 18,'19, 20, 21 and 22).
j) How conveyance made on: personal property capable of manual
delivery; personal property not capable of manual delivery; real
property; requisites; certificate of sale if claimed by third person
(Sections 23,24,25 and 26).
k) Who are qualified to redeem; time and manner of, amountsjudgmentpayable
on, successive redemptions; notice; effect of redemption by
obligor; proof required of redemptioner; who is entitled to use the
profierty pending iedemption; waste restrained; who is entitled to rents,
b"rhingr, income pending redemption; deed and possession to be
given Jt expiration of redemption period (Sections 27 to 33).
l) Recovery of price if sale not effective; right to contribution or
reimbursement (Sections 34 and 35);
m) Examinations of judgment obligor (Sections 36 to 43);
n1 fntry of Satisfaition of judgment, obligation of surety and judgment
obligor ($ections 44 to 46);
o) Effect of judgments or final orders (Section 47)
pi Effect of foreign judgments or final orders (Section 48).
Rule 40 - Appeal from Municipal Triat Courts to the Regional Trial
Courts

a) mode of appeal, where to appeal, who may appeal, period, grounds,

requisites; effect of appeal (Sections 1 to 9)

Rute 41 - Appeal from the Regional Triat Courts

a) Subject of appeal (A.M. 07'7-12-S.C. - deleted paragraph a of Section
1)
b) lviodes of appeal (Section 2); ordinary appeal, petition for review;
appeal by certiorari or petition for review on certiorari
c) period oi ordinary appeal (fresh period rule) - Section 3
O) ruotice of appeal, docket fee, record on appeal when required and its
approval, joint record on appeal (Sections 4 to 8)
e) Effect of ierfection of appeal, duty of clerk of court upon perfection of
appeal; transcript, transmittal, dismissal of appeal (Sections 9 to 13)'

Rule 42 - Petition for Review From the Regional Trial courts to the
Court of Appeals
I

^\^. - T4

a) Petition for Review, how appeal taken or mode of appeal, parties,

nature of petition, when to file; form and contents; requisites, effect of
failure to mmPlY (Sections 1 to 3).
b) Action on the feiition, contents of comments due course, elevation of
records, perfection of appeal, submission for decision (Sections 4 to 9).
c)
Rute 43 - Appeals from the court of Tax Appeals and Quasi-Judicial
Agencies to the Court of APPeals

a) Petition for Review, Scope, cases not covered, parties, where to file, when
to file, manner of filing, requisites, contents of petition; effect of failure to
comply with requirements (Sections 1 to 7)'

c) Action on petition; comment, transmittal of record, effect of appeal'

submission for decision (Sections 8 to 13)
Gases
Rule 44 - Procedure in the court of Appeals - ordinary Appealed

a) Title of cases ; counsel and guardians, order of transmittal of

records'
Jtcketing; compleiion and dispensing of records (sections 1
to 6)

(Sections 7
d) Appellant,s Brief, Appellee's Brief, Appellant's Reply Brief
to 14)
of Appeals (Section
d) Questions that may be raised on appeal with the court
15)

Rule 45 - Appeal by Certiorari to the Supreme Court -

parties, grounds'
a) who will file,'where to file, period of Filing, nature, from Rule 65
distinguished
requisites, contents, questions thai may Oe raised,
(Sections 1 to 6).

Rule 46 - Original Gases

prohibition, mandamus
a) What cases applicable - Petitions for certiorari, to file' when' nature'
(Rule 65); Oro i5rr"nto (Sections 1 to 7)' where
7)'
iequisites, form and contents, etc' (Sections 1 to

Rule47-AnnulmentofJudgments,FinalordersorResolutions
grounds for filing' parties'
a) coverage, nature, where to file, when to file,
oiiuOgment, suspension of
requisites, contents,'""tion by the'court, effect
pidt"iiptire period, ielief available' (Sections 1 to 9)'
of Municipal Trial Courts (Section
b) Annulment of Judgments or Final Orders
10)
Rule 48 - Preliminary Conference

Rule 49 - Oral Argument

Rule 50 - Dismissat of APPeal

Rule 51 - Judgment

Rule 52 - Motion for Reconsideration

 < ^f
15

and Final Resolutions

Court