Civil Procedure - Rules of Court (2019 Amendments)

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Civil Procedure - Rules of Court (2019 Amendments)

A.M. NO. 19-10-20-SC

October 15, 2019

Case Overview and Summary

Summary of the 2019 Amendments to the 1997 Rules of Civil Procedure

General Provisions
- Defines civil action, criminal action, and special proceeding. (Section 3)
- Provides rules on commencement of action, construction of the Rules, and exclusions. (Sections 1, 4-6)

Pleadings and Motions
- Defines pleadings allowed and their contents. (Sections 1-7)
- Provides rules on manner of making allegations, defenses, and objections. (Sections 8-13)
- Governs filing, service, and proof of pleadings, judgments, and other papers. (Sections 13-18)
- Regulates summons, including issuance, contents, service, and validity. (Sections 1-4, 6-23)
- Governs motions, including form, hearing, prohibited motions, and omnibus motion. (Sections 1-12)

Pre-Trial and Trial
- Mandates pre-trial conference and specifies its nature, purpose, and proceedings. (Sections 1-10)
- Provides rules on consolidation or severance of actions. (Section 1-2)
- Governs trial by commissioner, including appointment, powers, and proceedings. (Sections 1-13)
- Regulates demurrer to evidence and judgment on the pleadings. (Sections 1-2)
- Governs summary judgments, including grounds, proceedings, and effect. (Sections 1-6)
- Provides rules on judgments, final orders, and their entry and effect. (Sections 1-9)
- Governs new trial or reconsideration, including grounds, proceedings, and effect. (Sections 1-9)
- Provides rules on relief from judgments, orders, or proceedings. (Sections 1-7)
- Governs execution, satisfaction, and effect of judgments. (Sections 1-48)

Appeals
- Governs appeals from Municipal Trial Courts to Regional Trial Courts. (Sections 1-9)
- Provides rules on appeals from Regional Trial Courts. (Sections 1-13)
- Governs appeals from the Court of Tax Appeals and quasi-judicial agencies. (Sections 1-13)
- Regulates procedure in the Court of Appeals for ordinary appealed cases. (Sections 1-15)
- Governs appeal by certiorari to the Supreme Court. (Sections 1-9)
- Provides rules on original cases in the Supreme Court. (Sections 1-2)

Provisional Remedies
- Governs preliminary attachment, including grounds, proceedings, and effects. (Sections 1-20)
- Regulates preliminary injunction, including grounds, proceedings, and effects. (Sections 1-9)
- Provides rules on receivership, including appointment, powers, and proceedings. (Sections 1-9)
- Governs replevin, including grounds, proceedings, and effects. (Sections 1-10)

Support Pendente Lite
- Allows application for support pendente lite and governs its proceedings. (Sections 1-7)

Special Civil Actions
- Governs interpleader, including when proper, proceedings, and effects. (Sections 1-7)
- Provides rules on declaratory relief and similar remedies. (Sections 1-6)
- Regulates review of judgments and final orders of the Commission on Elections and Commission on Audit. (Sections 1-9)
- Governs certiorari, prohibition, and mandamus, including grounds, proceedings, and effects. (Sections 1-9)
- Provides rules on quo warranto, including grounds, proceedings, and effects. (Sections 1-12)
- Governs expropriation, including complaint, proceedings, and effects. (Sections 1-14)
- Regulates foreclosure of real estate mortgage. (Sections 1-8)
- Provides rules on partition of real estate. (Sections 1-13)
- Governs forcible entry and unlawful detainer cases. (Sections 1-21)
- Regulates contempt, including direct and indirect contempt. (Sections 1-12)

Effectiveness
- Provides rules on the effectivity and application of the 2019 Amendments. (Rule 144)

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provisional remedies

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receivership

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special civil actions

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declaratory relief

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expropriation

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Law

Civil Procedure - Rules of Court (2019 Amendments)

A.M. NO. 19-10-20-SC

October 15, 2019

2019 AMENDMENTS TO THE 1997 RULES OF CIVIL PROCEDURE (A.M. NO. 19-10-20-SC)  RULES OF COURT Pursuant to the provisions of [S]ection 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 Rules 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....
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Civil Procedure - Rules of Court (2019 Amendments)

Tags

Rules

civil procedure

rules of court

pleadings

motions

judgments

appeals

provisional remedies

attachment

injunction

receivership

replevin

special civil actions

interpleader

declaratory relief

certiorari

prohibition

mandamus

quo warranto

expropriation

foreclosure

partition

forcible entry and unlawful detainer

contempt

2019 AMENDMENTS TO THE 1997 RULES OF CIVIL PROCEDURE (A.M. NO. 19-10-20-SC)  RULES OF COURT Pursuant to the provisions of [S]ection 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 Rules 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....
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Civil Procedure - Rules of Court (2019 Amendments)