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Rules of Civil Procedure-Philippines

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1997 RULES OF CIVIL PROCEDURE, AS AMENDED

(RULES 1-71, RULES OF COURT)

EFFECTIVE JULY 1, 1997

Per Resolution of the Supreme Court in Bar Matter No. 803 Adopted in Baguio City on April 8, 1997

RULES OF COURT

Pursuant to the provisions of section 5 (5) of Article VIII of the Constitution, the Supreme Court hereby adopts and promulgates the following rules concerning the protection and enforcement of constitutional rights, pleading, practice and procedure in all courts, the admission to the practice of law, the Integrated Bar, and legal assistance to the underprivileged:

 

RULE 1

General Provisions

Section 1. Title of the Rules. � These Rule shall be known and cited as the Rules of Court. (1)

Section 2. In what courts applicable. � These Rules shall apply in all the courts, except as otherwise provided by the Supreme Court. (n)

Section 3. Cases governed. � These Rules shall govern the procedure to be observed in actions, civil or criminal and special proceedings.

(a) A civil action is one by which a party sues another for the enforcement or protection of a right, or the prevention or redress of a wrong, (1a, R2)

A civil action may either be ordinary or special. Both are governed by the rules for ordinary civil actions, subject to the specific rules prescribed for a special civil action. (n)

(b) A criminal action is one by which the State prosecutes a person for an act or omission punishable by law. (n)

(c) A special proceeding is a remedy by which a party seeks to establish a status, a right, or a particular fact. (2a, R2)

Section 4. In what case not applicable. � These Rules shall not apply to election cases, land registration, cadastral, naturalization and insolvency proceedings, and other cases not herein provided for, except by analogy or in a suppletory character and whenever practicable and convenient. (R143a)

Section 5. Commencement of action. � A civil action is commenced by the filing of the original complaint in court. If an additional defendant is impleaded in a later pleading, the action is commenced with regard to him on the dated of the filing of such later pleading, irrespective of whether the motion for its admission, if necessary, is denied by the court. (6a)

Section 6. Construction. � These Rules shall be liberally construed in order to promote their objective of securing a just, speedy and inexpensive disposition of every action and proceeding. (2a)

 

Civil Actions

Ordinary Civil Actions

 

RULE 2

Cause of Action

Section 1. Ordinary civil actions, basis of. � Every ordinary civil action must be based on a cause of action. (n)

Section 2. Cause of action, defined. � A cause of action is the act or omission by which a party violates a right of another. (n)

Section 3. One suit for a single cause of action. � A party may not institute more than one suit for a single cause of action. (3a)

Section 4. Splitting a single cause of action; effect of. � If two or more suits are instituted on the basis of the same cause of action, the filing of one or a judgment upon the merits in any one is available as a ground for the dismissal of the others. (4a)

Section 5. Joinder of causes of action. � A party may in one pleading assert, in the alternative or otherwise, as many causes of action as he may have against an opposing party, subject to the following conditions:

(a) The party joining the causes of action shall comply with the rules on joinder of parties;

(b) The joinder shall not include special civil actions or actions governed by special rules;

(c) Where the causes of action are between the same parties but pertain to different venues or jurisdictions, the joinder may be allowed in the Regional Trial Court provided one of the causes of action falls within the jurisdiction of said court and the venue lies therein; and

(d) Where the claims in all the causes action are principally for recovery of money, the aggregate amount claimed shall be the test of jurisdiction. (5a)

Section 6. Misjoinder of causes of action. � Misjoinder of causes of action is not a ground for dismissal of an action. A misjoined cause of action may, on motion of a party or on the initiative of the court, be severed and proceeded with separately. (n)

 

RULE 3

Parties to Civil Actions

Section 1. Who may be parties; plaintiff and defendant. � Only natural or juridical persons, or entities authorized by law may be parties in a civil action. The term "plaintiff" may refer to the claiming party, the counter-claimant, the cross-claimant, or the third (fourth, etc.) � party plaintiff. The term "defendant" may refer to the original defending party, the defendant in a counter-claim, the cross-defendant, or the third (fourth, etc.) � party defendant. (1a)

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