Civil Procedure - Rules of Court (1997)

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Case Agency Issuance Number Published Date

Civil Procedure - Rules of Court (1997)

Rules 1-71

July 1, 1997

Case Overview and Summary

Summary of the 1997 Rules of Civil Procedure

General Provisions (Sections 1-6)
- Defines the scope, applicability, and purpose of the Rules of Court.
- Outlines the types of civil actions (ordinary, special proceedings) and their definitions (Sections 3(a)-(c)).
- Specifies when the Rules do not apply (Section 4).
- Explains the commencement of an action and liberal construction of the Rules (Sections 5-6).

Pleadings and Parties (Rules 6-13)
- Defines pleadings and lists the types allowed (Sections 1-2, Rule 6).
- Outlines the required contents and form of pleadings (Rule 7).
- Explains the effect of failure to plead (Rule 9).
- Covers amended and supplemental pleadings (Rule 10).
- Specifies the time for filing responsive pleadings (Rule 11).
- Discusses bills of particulars (Rule 12).
- Outlines the filing and service of pleadings, judgments, and other papers (Rule 13).

Summons and Motions (Rules 14-15)
- Covers the issuance, contents, and service of summons (Rule 14).
- Defines motions and specifies their form and hearing requirements (Rule 15).

Dismissal of Actions (Rules 16-17)
- Lists the grounds for dismissal of an action (Section 1, Rule 16).
- Explains the dismissal of actions by the plaintiff (Rule 17).

Pre-Trial and Trial (Rules 18-31)
- Outlines the purpose and conduct of pre-trial conferences (Rule 18).
- Covers intervention (Rule 19) and the calendar of cases (Rule 20).
- Discusses subpoenas (Rule 21) and the computation of time (Rule 22).
- Explains depositions pending action and before action or pending appeal (Rules 23-24).
- Covers interrogatories to parties (Rule 25) and admissions by adverse parties (Rule 26).
- Outlines the production or inspection of documents or things (Rule 27).
- Discusses physical and mental examination of persons (Rule 28).
- Explains the refusal to comply with modes of discovery (Rule 29).
- Covers the trial proceedings (Rule 30) and consolidation or severance (Rule 31).
- Discusses trial by commissioner (Rule 32) and demurrer to evidence (Rule 33).

Judgments (Rules 34-38)
- Covers judgment on the pleadings (Rule 34) and summary judgments (Rule 35).
- Explains the rendition, entry, and effect of judgments and final orders (Rule 36).
- Outlines motions for new trial or reconsideration (Rule 37).
- Discusses relief from judgments, orders, or other proceedings (Rule 38).

Execution, Satisfaction, and Effect of Judgments (Rule 39)
- Covers the execution, satisfaction, and effect of judgments.

Appeals (Rules 40-45)
- Outlines the procedures for appeals from Municipal Trial Courts to Regional Trial Courts (Rule 40).
- Covers appeals from Regional Trial Courts (Rule 41).
- Explains petitions for review from Regional Trial Courts to the Court of Appeals (Rule 42).
- Discusses appeals from the Court of Tax Appeals and quasi-judicial agencies to the Court of Appeals (Rule 43).
- Outlines the procedure in ordinary appealed cases (Rule 44).
- Covers appeals by certiorari to the Supreme Court (Rule 45).

Original Cases and Special Civil Actions (Rules 46-66)
- Discusses original cases in the Court of Appeals (Rule 46).
- Covers the annulment of judgments, final orders, and resolutions (Rule 47).
- Explains preliminary conferences (Rule 48) and oral arguments (Rule 49).
- Outlines the dismissal of appeals (Rule 50) and judgments (Rule 51).
- Covers motions for reconsideration (Rule 52) and new trials (Rule 53).
- Discusses the internal business of the Court of Appeals (Rule 54).
- Explains the publication of judgments and final resolutions (Rule 55).
- Covers the procedure in the Supreme Court for original cases and appealed cases (Rule 56).
- Outlines preliminary attachment (Rule 57), preliminary injunction (Rule 58), and receivership (Rule 59).
- Discusses replevin (Rule 60), support pendente lite (Rule 61), and special civil actions like interpleader (Rule 62), declaratory relief (Rule 63), review of judgments and final orders (Rule 64), certiorari, prohibition, and mandamus (Rule 65), and quo warranto (Rule 66).

Expropriation and Foreclosure (Rules 67-68)
- Covers the procedure for expropriation (Rule 67).
- Outlines the foreclosure of real estate mortgages (Rule 68).

Partition and Forcible Entry and Unlawful Detainer (Rules 69-70)
- Discusses the partition of real estate (Rule 69).
- Covers the procedure for forcible entry and unlawful detainer cases (Rule 70).

Contempt (Rule 71)
- Outlines the procedures and penalties for direct and indirect contempt of court (Rule 71).

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Civil Procedure - Rules of Court (1997)

Rules 1-71

July 1, 1997

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...
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Civil Procedure - Rules of Court (1997)

Tags

Rules

civil procedure

pleadings

parties

summons

motions

dismissal

pre-trial

trial

judgments

execution

appeals

original cases

special civil actions

expropriation

foreclosure

partition

forcible entry

unlawful detainer

contempt

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...
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Civil Procedure - Rules of Court (1997)