1998 RULES OF CIVIL PROCEDURE Sec 3 – Non-resident defendants RULE 8 – MANNER OF MAKING

Sec 4 – In what cases not applicable

ALLEGATIONS IN A PLEADING
RULE 1 – PRELIMINARIES RULE 5 – UNIFORM PROCEDURE IN
Sec 1 – In general
Sec 1 – Title Sec 2 – Alternative causes of action or defenses
Sec 2 – Applicability COURTS Sec 3 – Conditions precedent
Sec 3 – Cases Covered Sec 1 – Uniform procedure in courts Sec 4 – Capacity
Sec 4 – In what cases not applicable Sec 5 – Fraud, mistake, condition of the mind
Sec 5 – Commencement of actions RULES ON SUMMARY PROCEDURE Sec 6 – Judgment
Sec 7 – Actionable document
Secc 6 – Construction PECULIAR CHARACTERISTICS Sec 8 – How to contest an actionable document
 Cases covered Sec 9 – Official document
RULE 2 – CAUSE OF ACTION  Answer Sec 10 – specific denial
Sec 1 – Civil action, basis  Failure to answer Sec 11 - Allegations not specifically denied
Sec 2 – Cause of action, defined  Preliminary conference deemed admitted
Sec 3 – One suit for single cause of action  Affidavits Sec 12 – Striking out of a pleading
Sec 4 – Splitting of cause of action  Rendition of judgment *NOTE: Actionable document and exceptions
Sec 5 – Joinder of causes of action  Referral to lupon
Sec 6 – Misjoinder of causes of action  Prohibited pleadings
 Appeal RULE 9 – EFFECT OF FAILURE TO
RULE 3 – PARTIES TO ACTION *NOTE: Prohibited pleadings PLEAD
Sec 1 – Parties Sec 1 – Defenses and objections not set up
Sec 2 – Real party in interest RULE 6 – PLEADINGS deemed waived
Sec 3 – Representation Sec 1 – Pleadings, defined Sec 2 – Compulsory counterclaim and cross-
Sec 4 – Spouses as parties Sec 2 – Pleadings allowed claim
Sec 5 – Minors as parties Sec 3 – Complaint Sec 3 – Default
Sec 6 – Permissive joinder of parties Sec 4 – Answer a. Effect of declaration
Sec 7 – Compulsory joinder of parties; Sec 5 – Defenses; Negative and Affirmative b. Motion to lift the order of default
Sec 8 – Necessary parties Sec 6 – Counterclaim c. Effect of partial default
Sec 9 – Non joinder of parties Sec 7 – Compulsory counterclaim d. Extent of relief
Sec 10 – Unwilling co-plaintiff Sec 8 - Cross claim e. When no default allowed
Sec 11 – Misjoinder and nonjoinder of parties Sec 9 – Counter-counterclaims and *NOTE: Default;
Sec 12 – Class suit counterclaims Period to answer
Sec 13 – Alternative defendants Sec 10 – Reply When default not allowed
Sec 14 – Unknown defendants Sec 11 – Third, Fourth, etc. party-complaint
Sec 15 – Juridical persons without personality Sec 12 – Bringing new parties RULE 10 – AMENDED AND
Sec 16 – Death of a party Sec 13 – Answer to third, fourth, etc. party SUPPLEMENTAL PLEADINGS
Sec 17 – Death of public officer complaint Sec 1 – Amendments in general
Sec 18 – Incompetency Sec 7 – Filing of amended pleadings
Sec 19 – Transfer of interest
Sec 20 – Money claims RULE 7 – PARTS OF A PLEADING Sec 2 – Amendment as a matter of right
Sec 1 – Caption Sec 3 – Amendments by leave of court
Sec 21 – Indigent parties Sec 4 – Formal amendments
Sec 22 – Notice to the Sol Gen Sec 2 – Body
Sec 3 – Signature and address Sec 5 – Amendments to conform with evidence
*NOTE: Death of a party; Sec 6 – Supplemental pleading
Money claims Sec 4 – Verification
Sec 5 – Certification against non – forum Sec 8 – Effect of amendment
shopping *NOTE: Distinctions between amended and
RULE 4 – VENUE OF ACTIONS supplemental pleadings
Sec 1 – Venue of real actions
Sec 2 – Venue of personal actions
RULE 11 – WHEN TO FILE
RESPONSIVE PLEDINGS
RULE 12 – BILL OF PARTICULARS
Sec 1 – When applied for; purpose
Sec 2 – Duty of the clerk of court
Sec 3 – Compliance with the order
Sec 4 – Striking out
Sec 5 – Stay of period to file responsive
pleading
Sec 6 – Bill of particulars part of pleading
RULE 13 – FILING AND SERVICE OF
PLEADINGS AND OTHER PAPERS
Sec 1 – Coverage
Sec 2 – Filing and service, defined
Sec 3 – Manner of filing
Sec 4 – Papers required to be filed and served
Sec 5 – Modes of service
Sec 6 – Personal service
Sec 7 – Service thru registered mail
Sec 8 – Substituted service + Sec 11 –
Priorities in mode of service
Sec 9 – Service of final judgments, resolution
or orders
Sec 10 – Completeness of service
Sec 12 – Proof of filing
Sec 13 – Proof of service
Sec 14 - Lis pendens
*NOTE: Modes of service
Explanation if not thru personal service
RULE 14 – SUMMONS
Sec 1 – Clerk of court to issue summons
Sec 2 – Contents
Sec 3 – By whom served
Sec 4 – Return
Sec 5 – Alias summons
Sec 6 – Personal service
Sec 7 – Substituted service
Sec 8 – Entity without juridical personality
Sec 9 – Prisoners
Sec 10 – Minors, incompetents
Sec 11 – Foreign juridical entities
Sec 12 – Domestic corporations
Sec 13 – Public corporations
Sec 14 – Unknown defendant
Sec 15 – Extraterritorial service
Sec 16 – Temporarily out of the country
Sec 17 - Leave of court
Sec 18 – Proof of service
Sec 19 – Proof of publication
Sec 20 – Voluntary appearance
*NOTE: To whom served
Yuk Ling Ong vs. Co case
RULE 15 – MOTIONS
Sec 1 – Motions, defined
Sec 2 – Motions must be in writing
Sec 3 – Contents
Sec 4 – Hearing of motion
Sec 5 – Notice of hearing
Sec 6 – Proof of service
Sec 7 – Motion day
Sec 8 – Omnibus motion
Sec 9 – Motion for leave
Sec 10 – Form
*NOTE: Three-day notice rule and exceptions
RULE 16 – MOTION TO DISMISS
Sec 1 – Motion to dismiss, grounds
Sec 2 – Hearing
Sec 3 – Resolution
Sec 4 – Time to plead
Sec 5 – Effect of dismissal
Sec 6 – Pleading grounds as affirmative
defense
*NOTE: Grounds
Pleading affirmative defenses
RULE 17 – DISMISSAL OF ACTIONS
Sec 1 – Dismissal by notice of dismissal
Sec 2 – Dismissal by motion
Sec 3 – Dismissal due to the fault of the
plaintiff
Sec 4 – Dismissal of counterclaim, crossclaim,
third party complaint
*NOTE: Effect of dismissal to the counterclaim
RULE 18 – PRETRIAL
Sec 1 – When conducted
Sec 2 – Purpose
Sec 3 – Notice of pretrial
Sec 4 – Appearance of parties
Sec 5 – Effect of failure to appear
Sec 6 - Pre-trial brief
Sec 7 – Record of pre-trial
*NOTE: Effects of failure to appear
RULE 19 – INTERVENTION
Sec 1 – Who may intervene
Sec 2 – Time to intervene
Sec 3 – Pleadings in intervention
Sec 4 – Answer to the complaint intervention
*NOTE: Mago vs. CA
Matictic and Metropolitan case
RULE 20 – CALENDAR OF CASES
RULE 21 – SUBPOENA
Sec 1 – Duces tecum and ad testificandum
Sec 2 – By whom issued
Sec 3 – Forms and content
Sec 4 – Quashal
Sec 5 – Subpoena for depositions
Sec 6 – Service
Sec 7 – Personal appearance
Sec 8 – Compelling attendance
Sec 9 – Contempt
Sec 10 – Exception
*NOTE: Viatory right of a witness
RULE 22 – COMPUTATION OF TIME
RULE 23 – DEPOSITIONS PENDING
ACTION
Sec 1 – Depositions pending action, when
taken
Sec 2 – Scope of examination
Sec 3 – Examination and cross-examination
Sec 4 – Use of depositions
Sec 5– Effect of substitution
Sec 6 – Objection to admissibility
Sec 7 – Effect of taking depositions
Sec 8 – Effect of using depositions
Sec 9 – Rebutting depositions
Sec 10 – Persons before whom depositions may
be taken in the Philippines
Sec 11 – Persons before whom depositions may
be taken in a foreign country
Sec 12 – Commission or letter rogatory
Sec 13 – Disqualification by interest
Sec 14 – Stipulations regarding taking of
depositions
Sec 15 – Deposition upon oral examination
Sec 16 – Orders for protection
Sec 17 – Record of examination
Sec 18 – Terminate or limit
Sec 19 – Submission, changes, signing
Sec 20 – Certification
Sec 21 – Notice
Sec 22 – Furnishing copies
Sec 23 – Failure to attend
Sec 24 – Failure of the party giving notice to
serve subpoena
Sec 25 – Deposition upon written
interrogatories
Sec 26 – Officers to take response and to rake
record
Sec 27 – Notice of filing
Sec 28 – Orders
Sec 29 – Effect of errors and irregularities
RULE 24 – DEPOSITIONS BEFORE
ACTION OR PENDING APPEAL
Sec 1 – Depositions before action, petition
Sec 2 – Contents of the petition
Sec 3 – Notice to parties
Sec 4 – Order
Sec 5 – Reference to court
Sec 6 – Use of depositions
Sec 7 –Depositions pending appeal
RULE 25 – INTERROGATORIES TO
ACTION
Sec 1 – Interrogatories
Sec 2 – Answer
Sec 3 – Objections
Sec 4 – Number
Sec 5 – Scope
Sec 6 – Effect of failure to serve
RULE 26 – ADMISSION OF PARTIES
Sec 1 – Request for admission
Sec 2 – Implied admission
Sec 3 – Use
Sec 4 – Withdrawal
Sec 5 – Effect if failure to serve
RULE 27 – PRODUCTION OR
INSPECTION OF DOCUMENTS OR
THINGS
Sec 1- Motion for production and inspection
RULE 28 – PHYSICAL AND MENTAL
EXAMINATION OF PERSONS
Sec 1 – When may be ordered
Sec 2 – Order of examination
Sec 3 – Report of findings
Sec 4 – Waiver
RULE 29 – REFUSAL TO COMPLY
WITH MODES OF DISCOVERY
Sec 1 – Refusal to answer
Sec 2 – Contempt
Sec 3 – Other consequences
Sec 4 – Expenses
Sec 5 – Failure to attend
Sec 6 – Expenses against the Republic
*NOTE: Commission and letters rogatory
Use of depositions
Consequence of failure to comply
RULE 30 – TRIAL
Sec 1 – Notice of trial
Sec 2 – Adjournments
Sec 3 – Postponement; absence of evidence
Sec 4 – Postponement; Illness
Sec 5 – Order of trial
Sec 6 – Stipulation of facts
Sec 7 – Record of trial
Sec 8 – Suspension
Sec 9 – Reception of evidence
RULE 31 – CONSOLIDATION OR
SEVEREANCE
Sec 1 - Consolidation
Sec 2 – Separate trials
RULE 32 – TRIAL BY
COMMISSIONER
Sec 1 – Reference by consent
Sec 2 – Reference by motion
Sec 3 – Order of reference
Sec 4 – Oath of commissioner
Sec 5 – Proceedings before the commissioner
Sec 6 – Failure to appear of parties
Sec 7 – Refusal of witness
Sec 8 – Commissioner to avoid delays
Sec 9 – Report of commissioner
Sec 10 – Notice to parties
Sec 11 – Hearing of objections
Sec 12 – Stipulations
Sec 13 – Compensation of commissioner
RULE 33 – DEMURRER TO
EVIDENCE
Sec 1 – Demurrer to evidence
RULE 34 – JUDGMENT ON THE
PLEADINGS
Sec 1 – Judgment on the pleadings
*NOTE: Distinctions between summary
judgments and judgments on the pleading
RULE 35 – SUMMARY JUDGMENTS
Sec 1 – Summary judgment for claimant
Sec 2 – Summary judgment for defending party
Sec 3 – Motion and proceedings thereon
Sec 4 – Case not fully adjudicated
Sec 5 – Form of supporting affidavits
Sec 6 – Bad faith
RULE 36 – JUDGMENTS
Sec 1 – Rendition of judgments and final order
Sec 2 – Entry of judgments and final order
Sec 3 – Judgment for or against several parties
Sec 4 – Several judgments
Sec 5 – Separate judgments
Sec 6 – Judgment against an entity without
juridical personality
*NOTE: Special types of judgment
Collateral attack of judgments
(Lack of jurisdiction, irregularity)
Rule of finality of judgment
Exception – rule on finality
RULE 37 – NEW TRIAL OR
RECONSIDERATION
Sec 1 – Grounds
Sec 2 – Contents
Sec 3 – Action by the court
Sec 4 – Resolution of motion
Sec 5 – Second motion for new trial
Sec 6 – Effect of granting new trial or
reconsideration
Sec 7 – Partial new trial
Sec 8 – Partial recon
Sec 9 – Effect of denial
*NOTE: Grounds
Attachments for each ground
Pro forma motion
Effect
RULE 38 – PETITION FOR RELIEF
Sec 1 – Petition for relief from judgment, final
order or any other proceeding
Sec 2 – Petition for relief from denial of appeal
Sec 3 – Period to file
Sec 4 – Order to file an answer
Sec 5 – Preliminary Injunction
Sec 6 – Procedure after answer is filed
Sec 7 – Procedure where denial of an appeal is
set aside
*NOTE: Period to file
Effect if granted
RULE 39 – EXECUTION,
SATISFACTION AND EFFECTS OF
JUDGMENTS
Sec 1 – Execution upon judgments or final
orders
Sec 2 – Discretionary execution
Pending appeal; Separate, Several, Partial
judgments
Sec 3 – Stay of discretionary execution
Sec 4 – Judgments not stayed on appeal
Sec 5 – Effect of reversal of judgments
Sec 6 – Execution by motion or by independent
judgment
Sec 7 – Execution upon death of party
Sec 8 – Issuance, form, and content of writ
Sec 9 – Enforcement of judgment for money
a. Direct payment
b. Levy
c. Garnishment
Sec 10 – Execution of judgment for specific
acts
Sec 11 – Execution of special judgments
Sec 12 – Execution of levy on execution as to
third parties
Sec 13 – Property exempt from execution
Sec 14 – Return of writ of execution
Sec 15 – Notice of sale on execution
Sec 16 – Terceria
Sec 17 – Penalty for selling without notice,
removing or defacing notice
Sec 18 – No sale if judgment and cost paid
Sec 19 – How property sold at an auction
Sec 20 – Refusal to pay
Sec 21 – Judgment obligee as purchaser
Sec 22 – Adjournment of sale
Sec 23 – Conveyance to purchaser of property
capable of manual delivery
Sec 24 – Conveyance of personal property to
purchaser not capable of manual delivery
Sec 25 – Conveyance of real property;
certificate thereof given to purchaser and filed
with registry of deed
Sec 26 – Certificate of sale where property
claimed by third person
Sec 27 – Who may redeem property sold
Sec 28 – Time and manner of, and amounts
payable on, successive redemptions; notice to
be given and filed
Sec 29 – Effect of redemption by judgment
obligor, and a certificate to be delivered and
recorded thereupon; to whom payments on
redemption made
Sec 30 – Proof required of redemptioner
Sec 31 – Manner of using premises during
redemption
Sec 32 – Rents, income, earning pending
redemption
Sec 33 – Deed and possession to be given at
expiration of redemption period; by whom
executed or given
Sec 34 – Recovery of price if sale not effective;
revival of judgment
Sec 35 – Right to contribution or
reimbursement
Sec 36 – Examination of judgment obligor
when judgment unsatisfied
Sec 37 – Examination of judgment obligor
Sec 38 – Enforcement of attendance and
conduct of examination
Sec 39 – Obligor may pay execution against
oblige
Sec 40 – Order for application of property and
income to satisfaction of judgment
Sec 41 – Appointment of receiver
Sec 42 – Sale of ascertainable interest of
judgment obligor in real estate
Sec 43 – Proceedings when indebtedness
denied or another person claims the property
Sec 44 – Entry of satisfaction of judgment by
Appclerk of court
Sec 45 – Entry of satisfaction with or without
admission
Sec 46 – When principal bound by judgment
against surety
Sec 47 – Effect of judgment or final orders
Sec 48 – Effect of foreign judgments or final
orders
*NOTE: Grounds for refusal of issuance of writ
Good reason for discretionary execution
Reparation, Restitution
Grounds for quashal of writ
3 ways to attack final judgment
Special judgments & Specific acts
Res judicata
RULE 40 – APPEAL FROM THE MTC
TO THE RTC
Sec 1 – Where to appeal
Sec 2 – When to appeal
Sec 3 – How to appeal
Sec 4 – Perfection of appeal; Effect thereof
Sec 5 – Appellate court docket and other lawful
fees
Sec 6 – Duty of the clerk of court
Sec 7 – Procedure in the RTC
Sec 8 – Appeal from orders dismissing case
without trial; lack of jurisdiction
Sec 9 – Applicability of Rule 41
RULE 41 – APPEAL FROM THE
REGIONAL TRIAL COURTS
Sec 1 – Subject of appeal
Sec 2 – Modes of appeal
Sec 3 – Period of ordinary appeal
Sec 4 – Appellate court docket and other lawful
fees
Sec 5 – Notice of appeal
Sec 6 – Record on appeal
Sec 7 – Approval of record on appeal
Sec 8 – Joint record on appeal
Sec 9 – Perfection of appeal; Effect thereof
Sec 10 – Duty of the clerk of court
Sec 11 – Transcripts
Sec 12 – Transmittal
Sec 13 – Dismissal of appeal
RULE 42 – PETITION FOR REVIEW
FROM THE RTC TO THE CA
Sec 1 – How to appeal; Time for filing
Sec 2 – Form and contents (7copies)
Sec 3 – Effect of failure to comply with
requirements
Sec 4 – Action on the petition
Sec 5 – Contents of comment
Sec 6 – Due course
Sec 7 – Elevation of record
Sec 8 – Perfection of appeal
Sec 9 – Submission for decisio
Sec 8 – Appellee’s brief
Sec 9 – Appellant reply brief
Sec 10 – Period to file memoranda in special
cases
Sec 11 – Several parties or counsel
Sec 12 – Extension
Sec 13 – Contents of appellent’s brief
Sec 14 – Contents of appellee’s brief
Sec 15 – Questions raised
RULE 45 – APPEAL BY CERTIORARI
TO THE SUPREME COURT
Sec 1 – Filing of petition with the SC
Sec 2 – Time for filing extension
Sec 3 – Docket and other lawful fees
Sec 4 -

RULE 43 – APPEALS FROM QUASI-

JUDICIAL AGENCIES TO THE CA
Sec 1 – Scope
Sec 2 – Cases not covered
Sec 3 – Where to appeal
Sec 4 – Period of appeal
Sec 5 – How appeal taken
Sec 6 – Contents of the petition
Sec 7 – Effect of failure to comply
Sec 8 – Action
Sec 9 – Contents of comments
Sec 10 – Due course
Sec 11 – Transmittal
Sec 12 – Effect of appeal
Sec 13 – Submission of case for decision

RULE 44 – ORDINARY APPEALED

CASES
Sec 1 – Title of cases
Sec 2 – Counsel and guardians ad litem
Sec 3 – Order of transmittal of record
Sec 4 – Docketing of the case
Sec 5 – Completion of records
Sec 6 – Dispensing with complete record
Sec 7 – Appellant’s brief