COLLEGE OF LAW

Borongan City

TENTATIVE COURSE SYLLABUS in JD 620

(CIVIL PROCEDURE I)
2nd Semester, SY 2022-2023

Professor: ATTY. RHODA M. CEBRICUS

Email: [email protected]
Phone: 09773053042

Class & Schedule: JD 1c; Saturday 10:00 AM-1:00 PM

JD 1a; Saturday 1:30-4:30 PM
JD 1d; Sunday 1:30 - 4:30 PM

Course Description:
A study on the interplay of procedural laws in the resolution of civil disputes,
with an in-depth focus on the jurisdiction in civil actions, Rules 1 to 39 of the 1997
Rules of Court as amended, and small claims. The course also includes discussion of
appropriate modes of dispute resolution such as mediation, barangay conciliation and
the like. The study of the rules is supplemented by a study of applicable jurisprudence.
The course also develops familiarity with relevant legal forms.

References:
Rules of Court
Salazar, Serafin S. (2021 ed.). The Fundamental of Civil Procedure. Rex
Bookstore.
Tan, Ferdinand. (2022 ed.)The Rules of Civil Procedure Annotated. Rex
Bookstore Bookstore.

Course Content/Outline

Basic principles

Remedial law distinguished from substantive law

Kinds of procedure
1. As to purpose
2. As to formality

Civil action, criminal action and special proceedings distinguished

RULE 1
General Provisions
(Section 1 to 6)

Rule making power of Supreme Court

Art. VIII, Sec. 5 (5), Constitution
Art. VI, Sec 30
Procedural and substantive rules
Force and Effect of Rules of Court

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 Retroactive application of rules
Padilla-Rumbaua vs. Rumbaua, G.R. o. 166738, August 14, 2009
Sumiran vs. Sps. Damaso, G.R. No. 162518, August 19, 2009
Exceptions to retroactive application
Tan, Jr. vs. CA, G.R. No. 136368, January 16, 2002

Construction of the Rules

Asia United Bank vs. Goodland Co, Inc. G.R. No. 188051, November 22,
2010

Power of Supreme Court to suspend the Rules of Court

May parties change the rules of procedure?
Matters of procedure which
>may be agreed upon by the parties
>are waivable
>fall within the discretion of the court

Jurisdiction

1. Generally
a. subject matter
b. res or property
c. issues
d. parties
2. Estoppel to deny jurisdiction
Heirs of Bertuldo Hinog vs. Melicor, 455 SCRA 460 (2005)
3. Jurisdiction at time of filing of action
People vs. Cawaling, 293 SCRA 267 (1998)

Regular Courts (MTC, RTC, CA, SC)

Art. VIII, Constitution
BP 129 (Judiciary Reorganization Act of 1980)
RA 7902 (expanding the jurisdiction of the CA, amending BP 129)
RA 7961 (expanding the jurisdiction of Metro TC, MTC, MCTC, amending
BP 129)
RA 11576 (further expanding the jurisdiction of MTCs/ MTCC/ MCTC,
amending BP 129)
Rules on Expedited Procedures in the First Level Courts (A,M. No. 08-8-7-
Sc, dated March 1, 2022)
SC Adm. Circular No. 09-94, in rel. to RA 7691
SC Circular No. 21-99, in rel. to RA 7691
RA 8369 (Family Courts of Act of 1997)
SC Circular No. 11-99, in rel. to RA 8369

Special Courts
Sandiganbayan
PD 1606, as am. by RA 7975 and RA 8249, and RA 10660

Quasi-judicial bodies
SEC (SEC. 5.2, RA 8799, Securities Regulation Code)
CSC (Magpale vs. CSC, 215 SCRA 398 (1992))- Benigno V. Magpale Jr. vs.
CSS & Rogelio A. Dayan G.R. No. 97381, NN.5, 1992

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 HLURB (Sandoval vs. Caneba, 190 SCRA 77 (1991)

Kinds of action
1. As to cause or foundation
a. personal
b. real
 distinction important in determining venue
2. As to object
a. in rem
b. in personam
c. quasi in rem
 distinction important in service of summons
Commencement of action
1. Condition precedent
a. Katarungang Pambarangay
Secs. 399-422, Chapter VII, Title I, Book III, and Sec. 515,
Title I, Book IV of Republic Act No. No. 7160, otherwise
known as the Local Government Code of 1991)
Administrative Circular No. 14-93
Case: Lumbuan vs. Ronquillo, G.R. No. 155713, May 5, 2006

2. Payment of filing fee

Heirs of Bertuldo Hinog vs. Melicor, 455 SCRA 460 (2005),
reiterating Sun Insurance Office, Ltd vs. Asuncion, 170 SCRA 274
(1989)

RULE 2
Cause of Action
(Rules 1 to 6)

Cause of action (Secs. 1-2)

Distinguished from right of action
Splitting a cause of action (Secs. Cause of Action
(Rules 1 to 6)

Cause of action (Secs. 1-2)

Distinguished from right of action
Splitting a cause of action (Secs. 3-4)
Joseph vs. Bautista, 170 SCRA 540 (1989)
Del Rosario vs. Far East Bank and Trust Company, G.R. No. 150134,
October 31, 2007
Progressive Development Corp. vs. CA, 301 SCRA 367 (1999)
CGR Corporation vs. Treyes Jr., G.R. No. 170916, April 27, 2007
Enriquez vs. Ramos, 7 SCRA 265 (1963)
Umale vs. Canoga, G.R. No. 167246, July 20, 2011
Examples of Splitting:
Rivera vs. CCA, June 17, 2015
Marilag vs. Martinez, July 22, 2015
Benavidez vs. Salvador, G.R. No. 173331, December 11, 2013

Joinder of causes of action (Secs. 5-6)

Flores vs. Mallare-Phillipps, 144 SCRA 277 (1986)
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 UCPB vs. Sponses Beluso, G.R. No. 159912, August 17, 2007 (case of
interest, rates mutuality of contracts)
What is the totality rule?
Misjoinder of causes of action- Roman Catholic Archbishop of San
Fernando vs. Soriano, G.R. No. 153829 and 160909, August 17, 2011)
Republic vs. Herbieto

RULE 3
Parties to Civil Actions
(Sections 1 to 22)

Who may be parties (Sec.1)

1. Natural persons
2. Juridical persons- Dueñas vs. Santos Subdivision Homeowners Association ,
G.R. No. 149417, June 4, 2004
3. Entities authorized by law (even if they lack juridical personality)
4. Alabang Dev. Corp vs. Alabang Hills , G.R. No. 187456, June 2, 2014
Classification of Parties
Real party in interest (Sec.2)
Lack of personality to sue
Evangelista vs. Santiago, 475 SCRA 744 (2005)
Carlos vs. Sandoval, G.R. No. 179922, December 16, 2008
Estreller vs. Ysmael, G.R. No. 170264, march 13, 2009
V-gent vs. Marking Star, July 22, 2015
Standing to sue
Domingo vs. Carague, 456 SCRA 450 (2005)

Representative parties (SEC. 3)

Oposa vs. Factoran, 224, SCRA 792 (1993)
Indispensable parties
Domingo vs. Scheer, 421 SCRA 462 (2004)
Uy vs. CA, 494 SCRA 535 (2006), G.R. No. 157065
Cagatoa vs. Almonte, G.R. No. 174004, October 9, 2013
Salvador vs. CA, G.R. No. 109910, April 5, 1995
Siok Ping Tang vs. Subic Bay Distribution, Inc , G.R. No. 162575,
December 15, 2010

Effect of failure to implead indispensable party

Leonis Navigation vs. Catalina Villamater, G.R. No. 179169, March 3, 2010

Necessary party or proper party (Secs. 8-9)

Laperal Devt. Corp vs. CA, 223 SCRA 261 (1993)
Law Firm of Laguesma vs. COA, January 13, 2015

Permissive joinder of parties (SEC. 6)

Effects of misjoinder and non-joinder of parties (Sec.11)

Class Suits (Sec.12)

Mathay vs. Consolidated Bank, 58, SCRA 559 (1974)

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 Sulo ng Bayan vs. Araneta, G.R. No. L-31061, August 17, 1976
Newsweek vss. IAC, G.R. No. L-63559, May 30, 1986

Defendants
1. Unwilling co-plaintiff (SEC. 10)
2. Alternative defendant (Sec. 13)
3. Unknown defendant (Sec. 14, Rule 14, Sec. 14)
4. Entity without juridical personality as defendant (Sec. 15; Rule 14, Sec. 8)
Death of party; duty of counsel (Secs. 16, 20)
1. If plaintiff dies during pendency of case
2. If defendant dies, effect of his death depends upon nature of the pending
action
Effect of non-substitution of a deceased party
Heirs of Bertuldo Hinog vs. Melicor, 455 SCRA 460 (2005)
De la Cruz vs. Joaquin, 464 SCRA 576 (2005)

Death or separation of party who is a public officer (Sec. 17)

Incompetency or incapacity (Sec. 18)
Transfer of interest (Sec. 19)
Indigent part (Sec.21)
Notice to Solicitor General (Sec. 22)

RULE 4
Venue of Actions
(Sections 1 to 4)
Venue defined
Distinguished from jurisdiction
Venue of real actions (Sec.1)
Venue of personal actions (Sec.2) Spouses Lantion vs Jane Lantion, G.R. No. 160053,
August 28, 2006
Venue of actions against non-residents (Sec.3)
Quasi in rem= action affects personal status of plaintiff -- residence of plaintiff
In rem = action affects property of defendant in Phils. – location of property

When rule not applicable (Sec.4)

1. Where a specific rule or law provides otherwise
Diaz vs. Adion, 219 SCRA 631 (1993), Odroa vs. Chinabank, March 23,
2011

2. Where parties have validly agreed in writing before filing of the action on
exclusive venue thereof
Phil. Banking Corp vs. Schanfeld, G.R. No. 166920, February 19, 2007
PBCom vs Li, April 5, 2005
Waiver of improper venue
1. express waiver
2. implied waiver
Dacoycoy vs. IAC, 195 SCRA 641 (1993)
How to question improper venue
1. motion to dismiss (Rule 16, Sec 1 (c) )
2. affirmative defense in answer (Rule 16, Sec 6)

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 RULE 5
Uniform Procedure in Trial Courts

RULES 6-13; 19
Pleadings
(Substantial & Formal Requirements)

In general defined (Rule 6, Sec. 1)

Distinguished from motion (Rule 15, Sec. 1)

What allowed (Rule 6, Sec. 2)

Parts of the pleading (Rule 7)

How allegations made in general (Rule 8, Sec.1)
Capacity (Rule 8, Sec.4)
Alternative claims and defenses (Rule 8, Sec.2)

Conditions precedent (Rule 8, Sec.3)

Fraud and mistake, condition of mind (Rule 8, Sec. 5)
Judgments (Rule 8, Sec.6)
Official documents (Rule 8, Sec. ()
Need to bring in new parties (Rule 6, Sec.12)

Complaint
Defined and in general (Rule 6, Sec. 3)
Allegations in general (Rule 8, Sec.1)
Mathay vs. Consolidated Bank and Trust Company, 58 SCRA 559 (1974)
Capacity of parties (Rule 8, Sec.4)
Actions based upon a document (Rule 8, Sec.7)

Answer
Defined and in general (rule 6, Sec.4)

Types of defenses
Negative (Rule 6, Sec.5 (a))
How alleged, generally (Rule 8, Sec.10)

Capacity of parties (Rule 8, Sec.4)

Genuineness of documents (Rule 8, Sec.8)
Negative pregnant
PHILAMGEN vs. Sweet Lines, 212 SCRA 194 (1993)
Affirmative (Rule 6, Sec. 5 (b))
Implied admissions (Rule 9, Sec. 1)

Periods to plead (rule 11, Secs. 1-3)

Waiver of defenses (Rule (, Sec.2)

Default
Rule 9, Sec. 3

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Nature in general (Sec. 3, first par.)
When may a defendant be declared in default?
1. Failure to file answer (Rule (9, Sec. 3)
2. Failure to furnish copy of answer
3. Failure to appear at pre-trial (Rule 18, Sec. 5)
4. Failure to comply with modes of discovery
( Rule 29, Sec. 3 [d])

When allowed (Sec. 3, first par.)

Effect (Sec. 3(a), (c))

Gajudo vs. Traders Royal Bank, G.R. N o. 151098, March 21, 2006
Vlason Enterprises Corp. vs. CA, 310 SCRA 26 (1999)

Order of default
When some answer and others default (Sec. 3 (c))
Extent of relief to be awarded (Sec. 5)
Where not allowed (Rule 9, Sec. 3 (e))
Procedure after order of default (Sec. 3, first par.)
Remedy from order of default
Motion to set aside (Sec. 3(b))
Ramnani vs. CA, 221 SCRA 582 (1993)

Remedies from judgment by default

Before finality or new trial (Rule 37)
Appeal (Rules 40 and 41)
Martinez vs. Republic, G.R. No. 160895, October 30, 2006

After finality
Petition for relief from judgment (Rule 38)
Annulment of judgment (Rule 47)

Is certiorari a proper remedy?

Jao vs. CA, 251 SCRA 391 (1995)
Indiana Aerospace University vs. CHED, 356 SCRA 367 (2001)

Counterclaims
Defined and in general (Rule 6, Sec. 6)
How raised
Included in answer (Rule 6, Sec. 9; Rule 11, Sec.8)
After answer (Rule 6, Sec. 9; Rule 11, Sec. 9)
Kinds of counterclaims
Compulsory (Rule 6, Sec. 7; Rule 9, Sec.2)
- cannot be independently adjudicated
- jurisdiction (both as to amount and nature; exemption)
- filing fees and non-forum certification not required

Permissive
Korea Exchange Bank vs. Gonzales, 456 SCRA 224 (2005)
BA Finance Corp vs. Co, 224 SCRA 163 (1993)

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Remedies
For failure to raise compulsory counterclaim (Rule 9, Sec.2)
Oversight, inadvertence, excusable neglect (Rule 111, Sec.110)
In case main action fails
BA Finance Corp. vs Co, supra

Answer to counterclaim
In general (Rule 6, Sec. 4)
Period to plead (Rule 11, Sec.4)

Reply
Defined and in general (Rule 6, Sec. 10)
When required (Rule 6, Sec.10)
Challenge due to authenticity of documents (rule 8, Sec.8)

Third/Fourth Party Complaint

Defined (rule 6, Sec.11)
Remedies when denied

Answer to Third/Fourth Party Complaint

In general (Rule 6, Sec.13)
Time to plead (Rule 11, Sec.5)
Extension of time to plead (Rule 11, Sec.111)

(Formal Requirements)
Filing and Service of Pleadings, Motions and Orders

Verification (rule 7, Sec.4)

Certification against forum shopping (Rule 7, Sec.5)
Ao-As vs. CA, 491 SCRA 353 (2006)
Forum shopping certificate for a corporation
PAL vs. Flight Attendants and Stewards Assn of the Phils (FASAP) , 479 SCRA 605
(2006)
Filing and service defined (Rule 13, Sec. 2)
Coverage (Rule 13, Secs. 1,4)
Modes of Service
In general, filling (Rule 13, Sec.3)
In general, service (Rule 13, Secs. 5,9)
Personal (Rule 13, Sec.6)
Mail (Rule 13, Sec.6)
Substituted service (Rule 13, Sec.8)

Priority (Rule 13, Sec.11)

Upon party in default (Rule 9, Sec.3)
Completion of service (Rule 13, Sec.10)
Proof of filing and service (Rule 13, Secs. 12,13)
Lis pendens (Rule 13, Sec.14)

Amended and Supplemental Pleadings

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Amendments

In general (Rule 10, Sec.1 )

Liberality
Barfel Devt. Corp. vs CA, 223 SCRA 268 (1993)
Form (Rule 10, Sec. 7)
Effect (Rule 10, Sec.8)

Kinds
Formal amendments (Rule 10, Sec.4)
Substantial amendments
Matter of right (Rule 10, Sec.2)
Matter of discretion (Rule 10, Sec.3)
To conform to evidence 9rule 10, Sec.5)
Swagmaan Hotels & Travel, Inc. vs. CA, G.R. No. 161135, April 8, 2005

Remedies
Periods to answer
Amendments (Rule 11, Sec. 3)
Supplemental complaint (Rule 11, Sec. 7)

Supplemental pleadings (Rule 10, Sec. 6)

Distinguished from amended pleadings
Shoemart, Inc. vs. CA, 190 SCRA 189 (1990)

Bill of Particulars/Intervention
Bill of particulars (Rule 12, Secs. 1 to 6)
Office and purpose
Virata vs. Sandiganbayan, 221 SCRA 52 (1993)
What is beyond its scope
Tan vs. Sandiganbayan, 180 SCRA 34, (1989)

Intervention (Rule 19, Secs. 1 to 4)

Ancillary to pending action
Saw vs. CA, 195 SCRA 740 (1991)
Exception
Metropolitan Bank & Trust Co. vs. Presiding Judge, 182 SCRA 820 (1990)
Period to intervene
Ongco vs. Dalisay, G.R. No. 190810, July 18, 2012
Who may intervene
Republic vs. Sereno, G.R. No. 237428, May 11, 2018

Rule 14
Summons
(Sections 1 to 23)

Definition and purpose

Duty to issue (Secs. 1, 5)

Form
Content (Sec. 2)
If with leave of court (Sec. 17)

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Who serves (Sec. 3)

On whom
In general (Secs. 1, 6)
Entity without juridical personality (Sec. 7)
Associations
Domestic (Sec. 11)
List exclusive
E.B. Villarosa & Partner Co., Ltd. vs. Benito, 312 SCRA 65 (1999)
Foreign (Sec. 14)
Northwest Orient Airlines, Inc. vs. CA. 241 SCRA 192 (1995)
Public corporation (Sec. 15)
Minors, insane, incompetents (Sec. 10)
Prisoners (Sec. 8)
Unknown defendant (Sec. 16)
*whether in rem, quasi in rem or personal
Residents temporarily out (Secs. 18)
Non-resident (Sec. 17)
*in rem, quasi in rem

Modes of service
personal (Sec. 5)
substituted (Sec. 6)
Robinson vs. Miralles, G.R. No. 163584, December 12, 2006)
publication (Sec. 17)
extraterritorial (Sec. 17)
Valmonte vs. CA, 252 SCRA 92 (1996)
Perkin Elmer Singapore Pte Ltd. vs. Dakila Trading Corporation , G.R. No.
172242, August 14, 2007
 registered mail invalid service of summons
service consistent with international conventions (Sec. 9)

Voluntary appearance (Sec. 20)

Delos Santos vs. Montesa, 221 SCRA 15 (1993)
Orion Security Corporation vs. Kalfam Enterprises, Inc., G.R. No. 163287, April 27,
2007

Return of service (Sec. 4)

Proof of service (Sec. 18)
publication (Sec. 19 & 22)

Rule 15
Motions
In general (Sec. 1)
Form (Sec. 2 & Sec. 11)
May be oral (Sec. 2)
Contents (Sec. 3)
Kinds of motions
Non-Litigous motions (Sec. 4)
Litigious motions (Sec. 5)

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Omnibus motion (Sec. 9)
Motion for leave (Sec. 10)
Notice of hearing (Sec. 6)

Where adverse party had opportunity to oppose

Lanto vs. Dimaporo, 16 SCRA 599 (1966)
Vlason Enterprises Corp. vs. CA, 330 SCRA 26 (1999)
Proof of service (Sec. 7)
Motion Day (Sec. 8)
Prohibited motions (Sec. 12)
Dismissal with prejudice (Sec. 13)

Rule 16
Motion to Dismiss
[Provisions either deleted or transposed]

Rule 17
Dismissal of Actions

Upon notice by plaintiff – before answer (Sec. 1)

O.B. Jovenir Construction and Development Corp. vs. Macamir Realty and CA,
G.R. No. 135803, March 26, 2006
Upon motion of plaintiff – after answer (Sec. 2)
Due to fault of plaintiff (Sec. 3)
Cruz. vs. CA, G.R. No. 164797, February 13, 2006

Effect on counterclaim
Pinga vs. Santiago, G.R. No. 170354, June 30, 2006
Perkin Elmer Singapore Pte Ltd. vs. Dakila Trading Corporation , G.R. No.
172242, August 14, 2007

Remedy of plaintiff
Ko vs. PNB, 479 SCRA 298, January 28, 2006

Dismissal of counterclaims (Sec. 4)

Rule 18
Pre-Trial
Nature and purpose (Sec. 2)
When (Sec. 1)
LCK Industries Inc. vs. Planters Development Bank, G.R. No. 170606, November
23, 2007
Requirements for appearance (Sec. 4)

Procedure
Duty to set (Sec. 1)
Effect of I.A.1.2, A.M. No. 03-1-09-SC (Rule on Guidelines to be Observed by Trial
Court Judges and Clerks of Court in the Conduct of Pre-Trial and Use of Deposition-
Discovery Measures), which took effect on August 16, 2004

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Notice (Sec. 3)
Effect of failure to appear (Secs. 4 & 5)
Calalang vs. CA, 217 SCRA 462 (1993)
On plaintiff (see Rule 17, Sec. 3)
On defendant, compare with default (Rule 9, Sec. 3)
Citibank N.A. vs. Chua, 220 SCRA 75 (1993)
Pre-trial brief required (Sec. 6)
No pre-trial brief (Sec 6, last paragraph)
Record or order of pre-trial Order (Sec. 7)
Consequences
Court-Annex Mediation (sec. 9), (A.M. No. 03-1-09-SC; A.M. No. 01-10-5-SC-PHILJA)
Kent vs. Micarez, et al., G.R. No. 185758, March 9, 2011
Senarlo vs. Judge Paderangan, A.M. No. RTJ-06-2025, April 5, 2010.
Judicial Dispute Resolution (Sec. 9); A.M. No. 11-1-6-SC)

Rule 20
Calendar of Cases
Calendar (Sec. 1)
Preferences (Sec. 1)
Assignment of cases (Sec. 2)

Discovery

Read Rules 23 to 29

Deposition - definition and purposes

People vs. Webb, 312 SCRA 573 (1999)
When taken
Dasmarinas Garments, Inc. vs. Reyes , 225 SCRA 622 (1993)
When leave of court required
Republic vs. Sandiganbayan, 204 SCRA 212 (1991)
Request for admission
Po vs. CA, 164 SCRA 668 (1988)

Importance of discovery procedures

A.M. No. 03-1-09-SC dated July 13, 2004
Guidelines to be observed by trial court judges and clerks of court in the conduct of
pre-trial and use of deposition- discovery procedures
Hyatt Industrial Manufacturing Corps. vs. Ley Construction and
Development Corp., G.R. No. 147143, March 10, 2006

Cases for Deposition (Rules 23 & 24):

Rosete v. Lim, G.R. No. 136051. June 8, 2006
Republic v. SB, G.R. No. 90478, November 21, 1991
Dulay v. Dulay, G.R. No. 158857, November 11, 2005
Republic v. SB, G.R. No. 90478, November 21, 1991
Sales v. Sabino, G.R. No. 133154. December 9, 2005

Cases for Admission by Adverse Party (Rule 26):

DBP v. CA, G.R. No. 153034, September 20, 2005
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 Briboneria v. CA, G.R. No. 101682, December 14, 1992
Spouses Limos v. Spouses Odones, G.R. No. 186979, August 11, 2010
DBP v. CA, G.R. No. 153034, September 20, 2005

Cases for Production or Inspection of Documents or Things (Rule 27):

Solidbank v. Gateway Electronics, G.R. No. 164805, April 30, 2008

Cases for Refusal to comply with modes of discovery (Rule 29):

Republic v. SB, G.R. No. 90478, November 21, 1991

Rule 30
Trial
Notice of trial (Sec. 1)
Adjournments and postponements (Sec. 2)
Absence of evidence (Sec. 3)
Spouses Calo v. Spouses Tan, G.R. No. 151266, November 29, 2005

Illness of party or counsel (Sec. 4)

Subpoena, Rule 21
Conduct
Order of trial (Sec. 5)
Agreed statement of facts (Sec. 6; Rule 18, Secs. 2(d), 7)
Statement of judge (Sec. 7)
Case: Republic v. Vda De Neri, G.R. No. 139588, March 4, 2004

Suspension of actions (Sec. 8)

Arts. 2030 & 2035, Civil Code
Duty of judge to receive evidence and power to delegate to clerk of court (Sec. 9)
Trial by commissioner, Rule 32, Secs. 1 to 3 only

Consolidation of trial, Rule 31, Sec. 1. Compare with Rule 2, Sec. 5 & Rule 3, Sec. 6.
Severance of trial, Rule 31, Sec. 2

Lack of cause of action may be cured by evidence presented during the trial and
amendments to conform to the evidence.
Swagman Hotels & Travel, Inc. vs. CA, G.R. No. 161135, April 8, 2005

Rule 31
Consolidation or Severance
Requisites
Republic v. CA, G.R. No. 116463, June 10, 2003
Teston v. DBP, G.R. No. 144374, November 11, 2005
Espinoza v. UOB, G.R. No. 175380, March 22, 2010

Purpose
Consolidation of criminal and civil cases
Exception: Republic v. CA, G.R. No. 116463, June 10, 2003

Rule 32

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 Trial by Commissioner
Consent of both parties
On motion
Powers of commissioner
Report of commissioner
Hearing upon report
Manotok Realty v. CLT Realty, G.R. No. 123346, November 29, 2005

Rule 33
Demurrer to Evidence

Definition
Republic vs. Tuvera, G.R. No. 148246, February 16, 2007
Casent Realty v. Philbanking, G.R. No. 150731, September 14, 2007
Purpose
Heirs of Santioque v. Heirs of Calma, G.R. No. 160832, October 27, 2006

Distinguished from motion to dismiss for failure to state a cause of action (Rule 16, Sec.
1 (g))
The Manila Banking Corp. vs. University of Baguio, Inc., G.R.No. 159189, February
21, 2007

Distinguished from demurrer in criminal case (Rule 119, Sec. 23)

Effect of demurrer to evidence

Radiowealth v. Spouses Del Rosario, G.R. No. 138739, July 6, 2000

Rule 34
Judgment on the Pleadings

Definition and purpose

Meneses vs. Secretary of Agrarian Reform, G.R. No. 156304, October 23, 2006
Distinguished from summary judgment
Diman vs. Alumbres, 299 SCRA 459 (1998)
Narra Integrated Company v. Court of Appeals, G.R. No. 137915, 15 November
2000

Sample cases for judgment on the pleadings:

Sunbanun v. Go, 2 February 2010
Comglasco v. Santos Car Check, 25 March 2015
GSIS v. Prudential, 20 November 2013
Evangelista v. Mercator Finance, 21 August 2003

Rule 35
Summary Judgments

Purpose
Ontimare vs. Elep, G.R. No. 159224, January 20, 2006

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Motion required
Asian Construction and Development Corp. vs. PCIB, G.R. No. 153827, April 25,
2006

Sample case for summary judgment

NAPOCOR v. Vda. De Capin, 17 October 2008

Rule 36
Judgments, Final Orders and Entry

Meaning of Judgment
Macahilig v. Heirs of Magalit, 344 SCRA 838, 84
Social Justice Society v. Atienza, 545 SCRA 92, 114
Requisites of valid Judgment
Pablo-Gualberto v. Gualberto V, 461 SCRA 450
Naguiat v. NLRC, 269 SCRA 564
Miguel v. JCT Group, Inc. 453 SCRA 529
Conflict between the dispositive portion and body of the decision
Guevarra v. Sandiganbayan, 454 SCRA 372
Morales v. Court of Appeals, 461 SCRA 34
So v. Food Fest Land Inc., 642 SCRA 592, February 9, 2011
Ambiguity in the judgment; clarificatory judgment
Interlocutory Orders. Define
Rudecon Mangament Corp. v. Singson, 454 SCRA 612
Questioning Interlocutory Orders
Silverio v. Filipino Business Consultants, 466 SCRA 584
Memorandum Decisions; Define
Ong Chia Kwan v. Court of Appeals, 345 SCRA 586
Rendition of Judgment. Meaning. (Rule 36)
Castro v. Malazo, 99 SCRA 164

Period to render decision (Art. VIII, Sec. 15, Constitution of the Philippines)
Plata v. Torres, 570 SCRA 12

Extension of period to render judgment

Arap v. Mustafa, 379 SCRA 9

Rule on Stare Decisis

Hortencia v. Cuenca, 456 SCRA 300

Obiter Dictum
Ayala Corp. v. Rosa-Diana Realty, 346 SCRA 663

Amendment of judgment
Before it becomes final and executory
Eternal Gardens Memorial vs. IAC, 165 SCRA 439 (1988)

When judgment becomes final (Sec. 1, Rule 39)

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Final judgment versus interlocutory order (Sec.2, Rule 36)
Philippine Business Bank v. Chua, 634 SCRA 635

Conclusiveness of Judgment (Immutability of Judgment)

Arra Realty Corp. v. Paces International Corp., 636 SCRA 339

Reasons for the rule on conclusiveness of judgment

Two-fold purposes of immutability of judgment
Exceptions to the rule on immutability of judgments
Rules on Amendment of Judgment
a. Before finality b. After finality

Difference between an Amended Judgment and a Supplemental Judgment

Aznar III, et.al. v. Bernard et.al., 161 SCRA 276
Eternal Gardens Memorial vs. IAC, 165 SCRA 439 (1988)

Res judicata effect of final judgment or final order

Two aspects of Res Judicata
Effect of Void Judgments (the doctrine of total nullity)
MWSS v. Sison, 124 SCRA 394

Several Judgment (Sec. 4, Rule 36)

Fernando v. Santamaria, 446 SCRA 136
De Leon v. Court of Appeals, 6 June 2002

Separate Judgment (Sec. 5, Rule 36)

Conditional Judgment, meaning.
Cu-Unjieng v. Mabalacat Sugar Co., 70 Phil. 384

Judgment Sin Perjuicio, meaning.

Director of Lands v. Sanz, 45 Phil. 117

Judgment nunc pro tunc (literally "now for then"), define.

Briones-Vasquez v. Court of Apeals, 450 SCRA 482

Judgment upon compromise, define.

Diamond Builders Conglomeration v. Country Bankers Corp., 540 SCRA 194
Philippine Journalist, Inc. v. NLRC, 501 SCRA 75

Judgment upon a confession (Cognovit Actionem)

Judgment against entity without juridical personality (Sec. 6, Rule 36)
Entry of Judgment; date thereof (Sec. 2, Rule 36)
Relevance of knowing the date of Entry of Judgment.

Judgment on the pleadings

Nature; Motion Required (Sec.1, Rule 34)
Grounds for judgment on the pleadings
Cases where judgment on the pleadings will not apply

Summary Judgment i. Nature of summary judgment (Sec. 1, Rule 35) ii. when
rendered.

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Distinctions from judgment on the pleadings
Narra Intergrated Corp. v. Court of Appeals, 344 SCRA 781

Validity of Summary Judgment (Sec. 3, Rule 34)

Summary Judgment; When not granted.
Roque v. Encarnacion, 95 Phil. 643
Gatchalian v. Pavilin, et.al. 6 SCRA 508

Rule 37
New Trial or Reconsideration

Object of the motion

When to file (Sec. 1, Rule 37)
No extension (Sec. 2, Rule 40, Sec. 3, Rule 41)
Delos Santos v. Elizalde, 514 SCRA 14
Heirs of Mendoza v. Court of Appeals, 565 SCRA 506

Effect of filing of the motion on the period to appeal (Sec. 2, Rule 40; Sec. 3, Rule 41)
Grounds for Motion for New Trial or Reconsideration (Sec. 1, Rule 37)
FRAUD, ACCIDENT, MISTAKE, EXCUSABLE NEGLIGENCE (FAME)
Newly discovered evidence
Requisites:
Ybiernas v. Tanco-Gabaldon, G.R. No. 178925, June 1, 2011
Affidavit of Merit
Gross Negligence of counsel not a ground
Uy v. First Metro Integrated Steel Corp.,503 SCRA 712
Effect when motion is denied; Order of Denial not appealable
Neypes v. Court of Appeals, 469 SCRA 633
Effect of granting a motion for reconsideration (Sec. 6, Rule 37)
Esquivel v. Alegre, 172 SCRA 315
Partial new trial or reconsideration; effect (Sec. 7-8)
Effect of denial; non-appelable (Sec. 8)

Motion for reconsideration in summary procedure (Sec. 19 {c}, IV, 1991 Revised Rules
on Summary Procedure and Small Claims (Sec. 14 {c})

Rule 38
Relief from Judgments, Orders, or Other Proceedings

Grounds and nature (Secs. 1, 2)

Requires final judgment or loss of appeal
Can this remedy be availed of in the Court of Appeals?
Time for filing (Sec. 3)
Strictly followed
Escueta vs. Lim, G.R. No. 137162, January 24, 2007

Contents
Affidavit of merit (Sec. 3)

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When motion for reconsideration considered as petition for relief
Action of court before answer
Power to deny (Sec. 4)
Preliminary injunction pending proceedings (Sec. 5)
Order to file answer (Sec. 4)
Procedure
Availability of preliminary injunction (Sec. 5)
Proceedings after answer is filed (Sec. 6)
Where denial of appeal is set aside (Sec. 7)
Action of court after giving due course
Grant of petition for relief (Sec. 7)
Denial of petition for relief (Rule 41, Sec. 1 (b))
Remedies after petition for relief expires
Reopening not allowed
Alvendia vs. IAC, 181 SCRA 282

Rule 39
Execution, Satisfaction and Effect of Judgments

Judgment or final order (Sec. 1)

Losing party must first receive notice of the judgment before the court or its personnel
can execute the Judgment
Office of the Court Administrator vs. Corpuz, 412 SCRA 1 (2003)

Kinds of execution
i. According to nature
a. Matter of right (Sec. 1) - enforceable by mandamus
b. Discretionary (Sec. 2, (a)
c. Several, separate or partial judgments (Sec. 2, (b)
ii. According to mode of enforcement
a. By motion (Sec. 6, first sentence)
b. By independent action (Sec. 6, 2nd sentence)
c) Judgments which are immediately executor
d) Discretionary execution (execution pending appeal) (Secs.2, 3, 5)
When and where to file motion
a. Before appeal perfected – with trial court
b. After appeal perfected – with appellate court

Trial court can grant motion for execution pending appeal even after perfection of
appeal (Sec. 9, last par.)
Grounds of motion for execution pending appeal (Sec. 2(a),last par.)

Execution pending appeal applies to election cases

Balajonda vs. COMELEC, G.R. No. 166032, February 28, 2005

Stay of discretionary execution (Sec. 3)

Judgments not stayed by appeal (Sec. 4)
Bonds in execution

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 Bond filed by judgment debtor to stay execution pending appeal – supersedeas bond
(Sec. 3)
Bond of judgment obligor to enable sheriff to continue holding levied property after
affidavit of third party claim filed with him (Sec. 16)

Effect of reversal of executed judgment on appeal (Sec. 5)

Modes of execution (Sec. 6)

By motion within 5 years from date of entry of judgment
By independent action called “revival of judgment” after 5 years and before it is
barred by statute of limitations
Execution in case of death of party
Lifetime of writ of execution (Sec. 14)
Jalandoni vs. PNB, 108 SCRA 102 (1981)

Execution of judgments for money, how enforced (Sec. 9)

Immediate payment on demand
Satisfaction by levy, meaning of levy
Fiestan vs. CA, 185 SCRA 751 (1990)

Execution of money judgments under Rule 39, Sec. 9 – promissory note not allowed
Dagooc vs. Erlina, A.M. No. P-04-1857 (formerly OCA I.P.I. No. 02- 1429-P),
March 16, 2005
Effect of levy on execution as to third persons (Sec. 12)
Campillo vs. CA, 129 SCRA 513 (1984)
Garnishment of debts and credit, meaning of garnishment
Manila Remnant Co., Inc. vs. CA, 231 SCRA 281 (1994) N
Garnishment of bank deposits - does not violate bank secrecy law (RA 1405)
Garnishment of public funds

Third party claim (Sec. 16)

If disapproved, remedies of third party claimant - file separate action to determine title
or right of possession - file complaint for damages against bond filed by judgment
creditor
Sale on execution (Sec. 15); Real property, Personal property, in all cases
Conveyance of property sold to highest bidder, how made (Secs. 23, 24, 25, 26)
Redemption (Secs. 27, 28)
Right of redemption a. Personal property b. Real property ii.
Who may redeem? (Sec. 27)
Judgment obligor or his successor in interest
Creditor who is a redemptioner
Time and manner of, and amounts payable on, successive redemption,
etc. (Sec. 28)
Judgment debtor (or his successor in interest), if exercising redemption ahead
of mere redemptioner – within 1 year from date of registration of sheriff’s
certificate of sale (with Register of Deeds)
Redemptioner exercising redemption ahead ofjudgment debtor (or his
successor in interest) – within 1 year from date of registration of certificate
of sale ix. Redemptioner redeeming from another redemptioner – within 60
days after the last redemption

Deed and possession after expiration of redemption period

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Purchaser or last redemptioner entitled to: s) When writ of possession may be issued.
Issuance of writ of possession – ministerial duty; pendency of civil case to annul
foreclosure immaterial
Entry of satisfaction of judgment by clerk of court (Sec. 44)
Effects of judgments and final orders (Sec. 47)
Del Rosario vs Far East Bank and Trust Company, G.R. No. 150134, October
31, 2007

Appeal

General principles on appeal

Stolt Nielsen v. NLRC, 477 SCRA 516
Canton v. City of Cebu, 515 SCRA 441
Association of Integrated Security Force of Bislig-ALU v. Court of Appeals, 467
SCRA 483

Judgments or orders not appealable (Sec. 1, Rule 41)

Remedy in case the judgment or final order is not appealable (Sec. 9, Rule 37)

Issues that may be raised on appeal

Commissioner of Internal Revenue v. Migrant Pagbilao Corp., 504 SCRA 484

When errors not raised on appeal may be considered

Dy vs. NLRC, 145 SCRA 211
Comilang v. Burcena, 482 SCRA 342

Payment of docket fee

Regalado v. Go, 514 SCRA 616
Buenaflor v. Court of Appeals, 346 SCRA 563

Record on appeal; Notice of Appeal (Sec. 2[a], Rule 41)

Roman Catholic Archbishop of Manila v. Court of Appeals, 258 SCRA 186

Dismissal of Appeal; Court of Appeals (Sec.1, Rule 50); Supreme Court (Sec.5, Rule 56)
The Government of the Kingdom of Belgium v. Court of Appeals, 551 SCRA 223
Beatingo v. Gasis, 642 SCRA 539

Ordinary Appeal

Rule 40
MTC to RTC

Where to appeal (Sec. 1)

When to appeal (Sec. 2)
How to appeal (Sec. 3)
Perfection of appeal (Sec. 4); See Rule 41, Sec. 9
Appellate court dpcket and other lawful fees (Sec. 5), Same as Rule 41, Sec. 4
Duty of the clerk of court (Sec. 6)
Procedure in RTC (Sec. 7)

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Appeal from orders dismissing case without trial; lack of jurisdiction (Sec. 8)

Appeal from MTC order dismissing case

a. without trial on the merits (Sec. 8, par. 1)
b. with trial on the merits (Sec. 8. par. 2)
Provost vs. CA, G.R. No. 160406, June 26, 2006
Encarnacion vs. Amigo, G.R. No. 169793, September 15, 2006

Residual powers (Sec. 8)

Applicability of Rule 41

Rule 41
RTC to CA

Subject of appeal (sec. 1)

Modes of appeal (Sec. 2)
Period of ordinary appeal (Sec. 3) ; Interrupted by timely MNT or MR
No motion for extension of time to file MNT or MR
MR filed on last day of 15-day period
Manila Memorial Park vs. CA, 344 SCRA 769 (2001

Rule on appeal after denial of MR or MNT

Neypes vs. CA, 469 SCRA 633 (2005)

When appeal allowed even if period to appeal has expired

Trans International vs. CA, 285 SCRA 49 (1998)
RTC cannot dismiss appeal on ground that only questions of law involved
Kho vs. Camacho, 204 SCRA 150 (1991)
Appellee who has not appealed may not obtain affirmative relief from appellate court
Custodio vs. CA, 253 SCRA 483 (1996)
Exception – when there is solidarity in obligations
Citytrust Banking Corp. vs. CA, 196 SCRA 553 (1991)

Notice of appeal (Sec. 5)

Record on appeal (Sec. 6)

Perfection of appeal (Sec. 9)

Loss of jurisdiction (Sec. 8)

Residual powers (Sec. 8)

Dismissal of appeal (Sec. 13)

a. late filing
b. non-payment of docket and other lawful fees

Rule 42
Petition for Review from the RTC to CA
.
Appeal from RTC decision rendered in the exercise of its appellate jurisdiction (sec. 1)
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 Ross Rica Sales Center, Inc. vs. Ong, G.R. No. 132197, August 16,
2005

Pure questions of law may be raised (Sec. 2)

Macawiwili Gold Mining and Devt. Co, Inc. vs. CA, 297 SCRA 602 (1998)
Form and contents (Sec. 2)
Effect of failure to comply with requirements (Sec. 3)

Action by court (Sec. 4)

a. Require filing of comment or
b. Dismiss petition outright

When petition given due course (Sec. 6)

- prima facie finding that lower court has committed
errors of fact or law warranting reversal or modification
Petition dismissed for late filing after finding the same prima facie meritorious
Ditching vs. CA, 263 SCRA 343 (1996)

Perfection of appeal (Sec. 8 (a), 1st par.

Loss of jurisdiction (Sec. 8 (a), 2nd par.)
Residual powers (Sec. 8 (b))

Effect of appeal (Sec. 8, 4th par.)

General rule: shall STAY judgment or final order
Exceptions:
a. civil cases decided under the Rule on Summary Procedure
b. when CA, law or Rules of Court provide otherwise

Rule 43
Appeals from the Court of Tax Appeal and Quasi-Judicial Agencies to CA

Scope (Sec.1)
Fabian vs. Desierto, 295 SCRA 440 (1998)
Ombudsman criminal cases – Supreme Court via Rule 65
Garcia-Rueda vs. Pascasio, 278 SCRA 269 (1997)
Cases not covered (Sec. 2)
St. Martin Funeral Home vs. NLRC, 295 SCRA 494 (1998)
Decisions of Secretary of Labor and Director of Bureau of
Labor Relations – petition for certiorari to CA under Rule 65
Decisions of DOJ Secretary in petitions for review prosecutors’ resolutions – petition
for certiorari to CA under Rule 65
Santos vs. Go, 473 SCRA 350 (2005)
Not applicable where there is error of jurisdiction
Fortich vs. Corona, 289 SCRA 624 (1998)

Where to appeal (Sec. 3)

Pure questions of law may be raised
Period of appeal (Sec. 4)
How appeal taken (Sec. 5)
Contents of petition (Sec. 6)
Effect of failure to comply with requirements (Sec. 7)

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- sufficient ground for dismissal
Action by court (Sec. 8)
a. Require fiing of comment or
b. Dismiss petition outright

When petition given due course (Sec. 10)

- prima facie finding that court or agency committed
errors of fact or law warranting reversal or modification
Effect of appeal (Sec.12)
General rule: shall NOT STAY award, judgment, final order
or resolution
Exceptions:
a. when CA directs otherwise
b. when the law directs otherwise (additional exception)
Lapid vs. CA, 334 SCRA 738 (2000

PROCEDURE IN THE COURT OF APPEALS

Rule 44
Ordinary Appealed Cases

Questions that may be raised on appeal (Sec. 15)

Title of cases (Sec. 1)
Counsel and guardians (Sec. 2)
Order of transmittal of record (Sec. 3)
Docketing off case (Sec. 4)
Completion of record (Sec. 5)
Dispending with complete record (Sec. 6)
Appellant’s brief (Sec. 7)
Appellee’s brief (Sec. 8)
Appellant’s reply brief (Sec. 9)
Time for filing memoranda in special cases (Sec. 9)
Several appellants or appellees or several counsel for each party (Sec. 11)
Extension of time for filing briefs (Sec. 12)
Contents of appellant’s brief (Sec. 13)
Contents of appellee’s brief (Sec. 14)

Rule 45
Appeal by Certiorari to the Supreme Court

Application of Rule 45
Five Star Marketing Co.,Inc. v. Booc, 535 SCRA 28

Not a matter of right (Sec. 6, Rule 45)

People v. Flores, 481 SCRA 451

Only questions of law may be raised

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Questions of law and questions of fact distinguished; if no questions of fact, Rule 45
petition.
Co v. Vargas, G.R. No. 195167, Nov. 16, 2011
Heirs of Feraren v. Court of Appeals, G.R. No. 159328, Oct. 5, 2011
Republic v. Malabanan, G.R. No. 169067, Oct. 6, 2010
China Road and Bridge Corp. vs. CA, 348 SCRA 401 (2000)

Findings of facts; not ordinarily reviewed

Tayco v. Heirs of Tayco-Flores, 637 SCRA 742
Meneses v. Venturozo, G.R. No. 172196, Oct. 19, 2011

When questions of facts may be passed upon in a Rule 45 petition

Natividad v. MTRCB, 540 SCRA 124, 135

Distinction between certiorari under Rule 45 as a mode of appeal and certiorari under
Rule 65 as a special civil action
Banco Filipino Savings and Mortgage Bank vs. CA, 334 SCRA 305 (2000)

What to file; from what courts (Sec. 1)

CA, SB, CTA, RTC only
Remedies of appeal and certiorari mutually exclusive; Rule 45 distinguished from Rule
65; petition for certiorari treated as petition for review
Nunez vs. GSIS Family Bank, 475 SCRA 305 (2005)

Time for filing (Sec. 2)

Docket and other lawful fees (Sec. 3)
Proof of service (Sec. 3)
Contents of and documents to accompany petition (Sec. 4)

Effect of failure to comply with requirements (Sec. 5, par. 1)

- sufficient ground for dismissal
Denial motu proprio (Sec. 5, par. 2)
Review discretionary (Sec. 6)
- not a matter of right but of sound judicial discretion
- granted only when there are special and important reasons
Pleadings and documents that may be required (Sec. 7)
- to determine whether to dismiss or deny petition under Sec. 5
- where petition given due course under Sec. 8
Rule applicable to both civil and criminal cases (Sec. 9)

Rule 46
Original Cases
Actions applicable (Sec. 2)
Contents and filing of petitions; effect of non-compliance (Sec. 3)
Jurisdiction over person of respondent (Sec. 4)
Action by the court (Sec. 5)
Determination of factual issues (Sec. 6)
Effect of failure to file comment (Sec. 7)

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 Rule 47
Annulment of Judgments or Final Orders and Resolutions

When remedy available

Where applicable
People vs. Bitanga, G.R. No. 159222, June 26, 2007
Fraginal vs. Paranal, G.R. No. 150207, February 22, 2007
Grande vs. University of the Philippines, G.R. NO. 148456, September 15, 2006

Grounds (Sec. 2)
Cosmic Lumber Corp. vs. CA, 265 SCRA 166 (1996)
Where petition filed (Secs. 1, 10)
Period for filing (Sec. 3)

Laches
Marcelino vs. CA, 210 SCRA 444 (1992)
Parties and contents (Sec. 4)
May be filed by a non-party to the judgment
Available even if judgment has been executed (Sec. 9)
Islamic Da’Wah Council of the Phils. vs. CA, 178 SCRA 178 (1989)
Action by the court (Sec. 5)

Procedure (Sec. 6)
Effect of judgment (Sec. 7)
Suspension of prescriptive period (Sec. 8)
Relief available (Sec. 9)
Annulment of judgments or final orders of Municipal Trial Courts (Sec. 10)

Rule 48
PRELIMINARY Conference

When and purpose (Sec. 1)

Records of the conference (Sec. 2)
Binding effect of he results of the conference (Sec. 3)

RULE 49
ORAL ARGUMENT

When allowed (Sec. 1)

Conduct of argument (Sec. 2)
No hearing or oral argument for motions (Sec. 3)

RULE 50
DISMISSAL OF APPEAL

Grounds (Sec. 1)
Dismissal of improper appeal to the CA (Sec. 2)
Withdrawal of appeal (Sec. 3)

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 RULE 51
JUDGMENT

When case deemed submitted for judgment (Sec. 1)

By whom rendered (Sec. 2)
Quorum and voting in the court (Sec. 3)
Disposition of a case (Se. 4)
Form of decision (Sec. 5)
Harmless error (Sec. 6)
Judgment where there are several parties (Sec. 7)
Questions that may be decided (Sc. 8)
Promulgation and notice of judgment (Sec. 9)
Entry of judgments and final resolutions (Sec. 10)
Execution of judgment (Sec. 11)

RULE 52
MOTION FOR RECONSIDERATION

New Trial (Sec. 1)

Second motion for reconsideration (Sec. 2)
Resolution of motion (Sec. 3)
Stay of execution (Sec. 4)

RULE 53
NEW TRIAL
Period for filing; ground (Sec. 1)
Hearing and order (Sec. 2)
Resolution of motion (Sec. 3)
Procedure in new trial (Sec. 4)

RULE 54
INTERNAL BUSINESS

Distribution of cases among divisions

Quorum of the court (Sec. 2)

RULE 55
PUBLICATION OF JUDGMENTS AND FINAL RESOLUTIONS

Publication (Sec. 1)
Preparation of opinions for publication (Sec. 2)
General make-up of volumes (Sec. 3)

RULE 56
PROCEDURE IN THE SUPREME COURT

ORIGINAL CASES
Original cases cognizable (Sec. 1)
Rules applicable (Sec. 2)

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APPEALED CASES
Mode of appeal (Sc. 3)
Procedure (Sec. 4)
Grounds for dismissal of appeal (Sec. 5)
Disposition of improper appeal (Sec. 6)
Procedure if opinion is equally divided (Sec. 7)

****************************

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