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
Jose v. Javellana, G.R. No. 158239, January 25, 2012
Samahan v. Hon. Magsalin, G.R. No. 172303, June 6, 2011
Panay Railways, Inc. v. Heva Management, G.R. No. 154061, January 25, 2012
Tan v. Court of Appeals, G.R. No. 136368, January 16, 2002
Neypes v. Court of Appeals, G.R. No. 141524, September 14, 2005
B. Philippine Courts
1.
Judicial Power
Article VIII, Sec. 1, Secs. 1, 5 par. 5, 1987 Constitution
2.
Nature
Phil. Carpet Manufacturing v. Tagyamon, G.R. No. 191475, December 11, 2013
See: U.S. v. Tamparong, 31 Phil. 321 (1915)
3.
Classification
a)Constitutional and Statutory
b) Civil and Criminal
c) Inferior and Superior
4.
Hierarchy of Courts
Rayos v. City of Manila, G.R. No. 196063, December 14, 2011
United Claimants Assoc. v. NEA, G.R. No. 187107, January 31, 2012
Ernesto Dy v. Hon. Palamos, G.R. No. 196200, September 11, 2013
Kinds of Jurisdiction
B.P. 129 as amended, R.A. 7691, R.A. 7902
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. 05-11-04SC)
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. Shariah Distric Court
Court of Appeals
Sandiganbayan
Court of Tax Appeals
COMELEC
Commission on Audit
Ombudsman (criminal cases)
b.
c.
d.
2.
3.
by voluntary submission
Rodriguez vs. Alikpala, G.R. No. L-38314, June 25, 1974
e.
II.
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.)- LUMAKANG
Primicias v. Ocampo, G.R. No. L-6120, June 30, 1953- FERNANDEZ
Sec. 2. In what courts applicable
Sec. 4. In what case not applicable
GSIS v. Villaviza, G.R. No. 180291, July 27, 2010- BADAYOS
Reyes v. Barrios, G.R. No. 172841, December 15, 2010- HIYAS
Sec. 3. Cases governed
A. Kinds of Actions in the Rules of Court
a) Civil Action
b) Criminal Action
c) Special Proceedings
B. Kinds of Civil Actions in the Rules of Court
-Estate of deceased (See: Limjoco v. Instestate Estate, G.R. No. L-770, April 27, 1948)
FERNANDEZ
-Roman Catholic church (See:Barlin vs. Ramirez, G.R. No. L-2832, Nov. 24, 1906)
VALDEZ
Ventanilla Enterprises v. Hon. Lazaro, G.R. No. L-53856, August 21, 1980- GARBANZOS
Chiang Kai Shek School v. Court of Appeals, G.R. No. 58028, April 18, 1989- TORREJOS
Sec. 1 (d) & (g), Rule 16
Sec. 2. Parties in interest
Stronghold Insurance v. Cuenca, G.R. No. 173297, March 6, 2013- CANETE
Mayor Dagdag v. Tongnawa, G.R. Nos. 161166-67, February 3, 2005- BIHAG
Spouses Oco v. Limbaring, G.R. No. 161298, January 31, 2006- HIYAS
Uy v. Court of Appeals, G.R. No. 120465, September 9, 1999- BADAYOS
Goco v. Court of Appeals, G.R. No. 157449, April 6, 2010- CHUA
Tampico v. Intermediate Appellate Court, G.R. No. 76225, March 31, 1992- CASTILLO
Salonga v. Warner, Barnes, G.R. No. L-2246, January 31, 1951- SURALTA
Sec. 1 (g), Rules of Court
Sec. 3. Representatives as parties
Ang v. Ang, G.R. No. 186993, August 22, 2012- MARCIAL
Ching v. Court of Appeals, G.R. No. L-59731, January 11, 1990 (Supra.)- BELLEZA
MIA v. Rivera Village, G.R. No. 143870, September 30, 2005- LIM
Sec. 4. Spouses as parties
Carandang v. Heirs of de Guzman, G.R. No. 160347, November 29, 2006- ADRIANO JAKE
ZHAN
Sec. 5. Minor or incompetent persons
Sec. 6. Permissive joinder of parties
Flores v. Hon. Mallare-Philipps, G.R. No. L-66620, September 24, 1986 (Supra.) DACUA
Sec. 7. Compulsory joinder of indispensable parties
Boston Equity v. Court of Appeals, G.R. No. 173946, June 19, 2013- BITANGJOL
Malazarte v. Court of Appeals, G.R. No. 166519, March 31, 2009- PAGAPONG
Quilatan v. Heirs of Quilatan, G.R. No. 183059, August 28, 2009- SAAVEDRA
Metrobank v. Hon. Alejo, G.R. No. 141970, September 10, 2001- MARCELO
Guy v. Guy, G.R. No. 189486, September 5, 2012- GUNTINAS
Monis v. Velasco, G.R. No. 169276, June 16, 2009- REALINO
Sec. 8. Necessary party
Chua v. Torres, G.R. No. 151900, August 30, 2005- LUMAKANG
Seno v. Mangubat, G.R. No. 44339, December 2, 1987- DESCALLAR
Wee v. Castro, G.R. No. 176405, August 20, 2008 DENILA
Mayor of Paraaque v. Ebio, G.R. No. 178411, June 23, 2010- PAJARON
Sec. 9. Non-joinder of necessary parties to be pleaded
Carandang v. Heirs of de Guzman, G.R. No. 160347, November 29, 2006 (Supra.)DUYUNGCO
Sec. 10. Unwilling co-plaintiff
Emata v. IAC, G.R. No. L-72714, June 29, 1989 CABUENAS
Sec. 11. Misjoinder and non-joinder of parties
Boston Equity v. Court of Appeals, G.R. No. 173946, June 19, 2013 (Supra.)- GIME
Leonis Navigation v. Villamater, G.R. No. 179169, March 3, 2010 ESPARGOZA
Sec. 12. Class suit
Juana Complex v. Fil-Estate Land, G.R. No. 152272, March 5, 2012 COMPACION
Newsweek, Inc. v. IAC, G.R. No. L-63559, May 30, 1986 BRAGAT
Mathay v. Consolidated Bank, G.R. No. L-23136, August 26, 1974 MONA
Borlasa v. Polistico, G.R. No. L-22909, January 28, 1925 BITANGJOL
Note: No class suit if interest of those who filed the action conflicts with
those sought to be represented. (See: Ibaez v. Roman Catholic Church, 12
Phil. 227) VILLAMANTE
Llana v. NLRC, G.R. No. 111014, May 31, 1996 ABADILLA
Sec. 13. Alternative Defendants
Insurance Company v. US Lines, G.R. No. L-21839 April 30, 1968- GIME
Sec. 14. Unknown identity or name of defendant
See: Sec. 14, Rule 14
Sec. 15. Entity without juridical personality as defendant
See: Sec. 8, Rule 14
Sec. 16. Death of party; duty of counsel
Saligumba v. Palanog, G.R. No. 143365, December 4, 2008 BIHAG
Hon. Sumaliag v. Spouses Literato, G.R. No. 149787, June 18, 2008 BELLEZA
Sec. 17. Death or separation of a party who is a public officer
Commissioner v. Jardin, G.R. No. 141834, July 30, 2007 GARBANZOS
Sec. 18. Incompetency or incapacity
Sec. 19. Transfer of Interest
Associated Bank v. Spouses Pronstroller, G.R. No. 148444, September 3, 2009 MARCIAL
Sec. 20. Action on contractual and money claims
See: Sec. 5, Rule 86; Sec. 7, Rule 39
Gabriel v. Pagaygay, G.R. No. 146989, February 7, 2007 MARCELO
Sec. 21. Indigent party
Sec. 22. Notice to the Solicitor General