Professional Documents
Culture Documents
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.
Jurisdiction- Definition
Home Guaranty Corp. v. R-11 Builders, G.R. No. 192649, March 9, 2011
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. ShariahDistric 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,
Court of Appeals
Sandiganbayan
Court of Tax Appeals
COMELEC
Commission on Audit
Ombudsman (criminal cases)
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) Civil Action
b) Criminal Action
c) Special Proceedings
b) Personal Actions
Macasaet v. Co, G.R. No. 156759, June 5, 2013
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
Lucas v. Lucas, G.R. No. 190710, June 6, 2011
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
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Sec. 5. Defenses
See: Rule 8, Sec. 10
Rule 16, Sec. 6
PBCom v. Spouses Go, G.R. No. 175514, February 14, 2011 (Supra.)
Sec. 6. 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. 7. 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. 8. Cross-claim
See: Rule 9, Sec. 2
Hon. Ruiz v. Court of Appeals, G.R. No. 101566, August 17, 1992
Sec. 9. Counter-counterclaims and counter-crossclaims
Sec. 10. Reply
See: Rule 8, Sec. 8
Casent Realty v. Philbank, G.R. No. 150731, September 14, 2007
Sec. 11. Third (fourth, etc.)- party complaint
Capayas v. CFI, 43 Off. Gaz., 2071, 2074; 77 Phil., 181
Allied Bank v. Court of Appeals, G.R. No. 123871, August 31, 1998
Philtranco v. Court of Appeals, G.R. No. 161909, April 25, 2012
Sec. 12. Bringing new parties
Sec. 13. Answer to third (fourth, etc.)- party complaint
RULE 7- PARTS OF A PLEADING
Sec. 1. Caption
Lorbes v. Court of Appeals, G.R. No. 139884, February 15, 2000
Sec. 2. The body
Phil. Charter v. PNC Corp., G.R. No. 185066, October 2, 2009
Diona v. Balangue, G.R. No. 173559, January 7, 2013
Sec. 3. Signature and address
Navarro v. Jarson Development, G.R. No. 142627, January 28, 2008
Sec. 4. Verification
Jacinto v. Gumaru, G.R. No. 191906, June 2, 2014
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Eagleridge Dev. Corp. v. Cameron Granville, G.R. No. 204700, April 10,
2013 MARCELO
RULE 28- PHYSICAL AND MENTAL EXAMINATION OF PERSONS
Sec. 1. When examination may be ordered
Sec. 2. Order for examination
Sec. 3. Report of findings
Sec. 4. Waiver of privilege
RULE 29- REFUSAL TO COMPLY WITH MODES OF DISCOVERY
Sec. 1. Refusal to answer
Republic v. Sandiganbayan, G.R. No. 188881, April 21, 2014 GUNTINAS
Jaravata v. Kuhail, G.R. No. 154988, June 21, 2007 BRAGAT
Capitol Hills v. Sanchez, G.R. No. 182738, February 24, 2014 (Supra.)
CABUENAS
Sec. 2. Contempt of court
Sec. 3. Other consequences
Spouses Zepeda v. Chinabank, G.R. No. 172175, October 9, 2006 DY
Solidbank v. Gateway Electronics, G.R. No. 164805, April 30, 2008 ZUNIGA
Sec. 4. Expenses on refusal to admit
Sec. 5. Failure of party to attend or serve answers
Insular Life v. Court of Appeals, G.R. No. 97654, November 14, 1994
LUMAKANG
Jaravata v. Kuhail, G.R. No. 154988, June 21, 2007 (Supra.) ESPINOSA
Arellano v. CIR, G.R. No. L-34897, July 15, 1975 PAGAPONG
Sec. 6. Expenses against the Republic of the Philippines
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