RULES OF CIVIL PROCEDURE

2nd Semester 2014-2015

Atty. Amando Virgil D. Ligutan

I.

GENERAL PRINCIPLES
A. Remedial Law
Bustos v. Lucero, G.R. No. L-2068, October 20, 1948
Primicias v. Ocampo, G.R. No. L-6120, June 30, 1953
Neypes v. Court of Appeals, G.R. No. 141524, September 14, 2005
Alvero v. de la Rosa, G.R. No. L-286, March 29, 1946
Basic Concepts
Jose v. Javellana, G.R. No. 158239, January 25, 2012
Samahan v. Hon. Magsalin, G.R. No. 172303, June 6, 2011
Panay Railways, Inc. v. Heva Management, G.R. No. 154061, January 25, 2012
Tan v. Court of Appeals, G.R. No. 136368, January 16, 2002
Neypes v. Court of Appeals, G.R. No. 141524, September 14, 2005
B. Philippine Courts
1.

Judicial Power
Article VIII, Sec. 1, 1987 Constitution

2.

Nature
Phil. Carpet Manufaturing v. Tagyamon, G.R. No. 191475, December 11, 2013
See: U.S. v. Tamparong, 31 Phil. 321 (1915)

3.

Classification
a) Constitutional and Statutory
b) Civil and Criminal
c) Inferior and Superior

4.

Hierarchy of Courts
Rayos v. City of Manila, G.R. No. 196063, December 14, 2011
United Claimants Assoc. v. NEA, G.R. No. 187107, January 31, 2012
Ernesto Dy v. Hon. Palamos, G.R. No. 196200, September 11, 2013

C. Jurisdiction of Different Courts

Key Principles
Home Guaranty Corp. v. R-11 Builders, G.R. No. 192649, March 9, 2011
Davao Light v. Court of Appeals, G.R. No. 111685, August 20, 2001
Nocum v. Lucio Tan, G.R. No. 145022, September 23, 2005
Padlan v. Dinglasan, G.R. No. 180321, March 20, 2013
Gonzales v. Quirico Pe, G.R. No. 167398, August 9, 2011
Bagunu v. Spouses Aggabao, G.R. No. 186487, August 15, 2011
Omictin v. Court of Appeals, G.R. No. 148004, January 22, 2007
Agra, et al v. COA, G.R. No. 167807, December 6, 2011
Spouses Fajardo v. Flores, G.R. No. 167891, January 15, 2010
Cabili v. Hon. Balindong, A.M. No. RTJ-10-22252, September 6, 2011
Villamor v. Salas, G.R. No. 101041, November 13, 1991
Tijam v. Sibonghanoy, L-21450, April 15, 1968
Heirs of Marasigan v. Marasigan, G.R. No. 156078, March 14, 2008
Republic v. Batigue Point Development, G.R. No. 162322, March 14, 2012
De Herrera v. Bernardo, G.R. No. 170251, June 1, 2011
Megar Sugar Corp. v. RTC of Iloilo, G.R. No. 170352, June 1, 2011
Manchester Development v. Court of Appeals, G.R. No. 75919, May 7, 1987
Nestle Phils. v. FY Sons, G.R. No. 150789, May 5, 2006
Sun Insurance v. Asuncion, G.R. Nos. 79937-38, February 13, 1989

Phil. First Insurance v. Paramount Gen. Insurance, G.R. No. 165147, July 9, 2008
Home Guaranty Corp. v. R-11 Home Guaranty Corp. v. R-11 Builders, G.R. No. 192649, March 9,
2011 (Supra)
Antonino v. Register of Deeds, G.R. No. 185663, June 20, 2012
Unicapital v. Consing, G.R. Nos. 175277 & 175285, September 11, 2013
1.

Kinds of Jurisdiction
B.P. 129 as amended, R.A. 7691, R.A. 7902
a. General Jurisdiction
Regional Trial Court
Durisol Phil. v. Court of Appeals, G.R. No. 121106, February 20, 2002
b. Special or Limited Jurisdiction
Sandiganbayan
Court of Tax Appeals
Shariah District Court
Also: Regional Trial Court- Family Courts, Probate CourtMetropolitan Trial Court, Municipal Trial Court,
Municipal Circuit Court
c. Original Jurisdiction
i. Supreme Court
Sec. 5, par. 1, Art. VIII, 1987 Constitution
Petition for writ of Amparo (A.M. No. 07-9-12-SC)
Petition for writ of Habeas Data (A.M. No. 08-1-16-SC)
Petition for writ of continuing Mandamus
(Sec. 2, Rule 8, Part III of Rules of Procedure in Environmental
Cases, A.M. 09-6-8-SC)
Petition for writ of Kalikasan
(Sec. 12, Rule 7, Part III of Rules of Procedure in Environmental
Cases, A.M. 09-6-8-SC)
ii. Court of Appeals
Sec. 9, B.P. 129
Petition for writ of Amparo (A.M. No. 07-9-12-SC)
Petition for writ of Habeas Data (A.M. No. 08-1-16-SC)
Petition for writ of continuing Mandamus
(Sec. 2, Rule 8, Part III of Rules of Procedure in Environmental
Cases, A.M. 09-6-8-SC)
Petition for writ of Kalikasan
(Sec. 12, Rule 7, Part III of Rules of Procedure in Environmental
Cases, A.M. 09-6-8-SC)
Actions for Annulment of RTC judgment
Petition for freeze order on monetary instrument, etc. relating to
unlawful activity under Anti-Money Laundering Act of 2001 or
R.A. 9160 as amended by R.A.9194 (Sec. 44 of A.M. No. 05-11-04SC)
iii. Regional Trial Court
Sec. 21, B.P. 129
Petition for writ of Amparo (A.M. No. 07-9-12-SC)
Petition for writ of Habeas Data (A.M. No. 08-1-16-SC)
Petition for writ of continuing Mandamus
(Sec. 2, Rule 8, Part III of Rules of Procedure in Environmental
Cases, A.M. 09-6-8-SC)
iv. Shariah Distric Court
Art. 413, par. 2, P.D. 1083

d. Appellate Jurisdiction
i. Supreme Court
Sec. 5., par. 2, Art. VIII, 1987 Constitution
Rule 45, Sec. 1, 1997 Rules of Court (Rules of Court)
See: Sec. 7, P.D. 1606 as amended by R.A.s 7975, 8249,
Sec. 19, A.M. No. 07-9-12-SC (Writ of Amparo)
Sec. 19, A.M. No. 08-1-16-SC (Writ of Habeas Data)
ii. Court of Appeals
Secs. 9, 34, B.P. 129
Rule 41, Sec. 2, a, Rules of Court
Rule 42, Rules of Court
Rule 43, Rules of Court
iii. Regional Trial Court
Sec. 22, B.P. 129
Rule 40, Rules of Court
iv. Shariah Distric Court
Art. 144 P.D. 1083
e. Exclusive Jurisdiction
f. Exclusive Original Jurisdiction
i. Supreme Court
Petition for Certiorari, Prohibition, Mandamus against judgment,
final order and resolutions of:
a)
b)
c)
d)
e)
f)

Court of Appeals
Sandiganbayan
Court of Tax Appeals
COMELEC
Commission on Audit
Ombudsman (criminal cases)

ii. Court of Appeals

Petition for Certiorari, Prohibition, Mandamus against:
a) Regional Trial Court- decisions, final orders, resolution
b) National Labor Relations Commission- decisions, final
orders, resolution
c) Secretary of Labor and Employment in the exercise of its
appellate jurisdiction on decisions, final orders of:
1) POEA Administrator
2) National Wage Productivity Commission
3) Bureau of Labor Relations
Sec. 9 (2), B.P. 129- Actions for Annulment of RTC judgment
iii. Regional Trial Court
Sec. 19, B.P. 129 as amended by R.A. 7691
Sec. 5.2, SecuritiesRegulations Code or R.A. 8799
As Special Agrarian Court in the determination of just compensation
iv. Shariah District Court
Art. 413, P.D. 1083
Settlement of Estate of Deceased Muslims

Montaner v. Shariah District Court, G.R. No. 174975, January 20,

2009
v. Metropolitan Trial Court, Municipal Trial Court, Municipal Circuit Trial
Court
Sec. 33, B.P. 129 as amended
g. Concurrent/Confluent/Coordinate
i. Supreme Court and Regional Trial Court
Civil actions involving ambassadors, public ministers, consuls
Cases on the constitutionality of treaty, international or executive
agreement, law, presidential decree, proclamation, order,
instruction (Sec. 5, 2, Art. VIII, 1987 Constitution)
Vera v. Hon. Arca, G.R. No. L-25721, May 26, 1969
ii. Supreme Court, Court of Appeals, (Sandiganbyan), Regional Trial Court
Petitions for Certiorari, Prohibition, Mandamus, Quo Warranto,
Habeas Corpus, writs of Amparo, Habeas Data, Kalikasan,
injunctions
Mendoza v. Mayor Villas, G.R. No. 187256, February 23, 2011
CREBA v. DAR Secretary, G.R. 183409, June 18, 2010
Also- Hierarchy of Court doctrine (Supra.)
h. Territorial Jurisdiction
2.

Manner of Acquiring Jurisdiction

a.

Over Subject Matter

Allied Domecq Phil. v. Hon. Villon, G.R. No. 156264, September 30, 2004
Padlan v. Dinglasan, G.R. No. 180321, March 20, 2013
Guy v. Court of Appeals, G.R. No. 165849, December 10, 2007
Barayuga v. Adventist University, G.R. No. 168008, August 17, 2011
Ursua v. Republic, G.R. No. 178193, January 24, 2012
City of Dumaguete v. Philippine Ports Authority, G.R. No. 168973, August 24, 2011
Republic v. Bantigue Point Development, G.R. No. 162322, March 14, 2012

b.

Over the Case

People of the Philippines v. Hon. Garfin, G.R. No. 153176, March 29, 2004

c.

Over the Issue

Rule 10, Sec. 5, Rules of Court
Rule 18, Sec. 7, Rules of Court
Lazo v. Republic Surety, G.R. No. L-27365, January 30, 1970
Buce v. Court of Appeals, G.R. No. 136913, May 12, 2000
Mercader v. DBP, G.R. No. 130699, May 12, 2000
Victoria v. Court of Appeals, G.R. No. 147550, January 26, 2005

d.

Over the Person or Party

Plaintiff
Cesar v. Hon. Ricafort-Bautista, G.R. No. 136415, October 31, 2006
Defendant
1.

by service of summons- Rule 14, Secs. 1-3, Rules of Court

i.
ii.
iii.
iv.
2.

personal service- Sec. 6

substituted service- Sec. 7
service by publication- Sec. 14
extra-territorial service- Sec. 15

by voluntary appearance- Rule 14, Sec. 20, Rules of Court

Herrera-Felix v. Court of Appeals, G.R. No. 143736, August 11, 2004
JAPRIL Dev. Corp. v. Security Bank, G.R. No. 190107, June 6, 2011
Rapid City Realty v. Villa, G.R. No. 184197, February 11, 2010
Allan Co v. Cordero, G.R. No. 164703, May 4, 2010
Lhuillier v. British Airways, G.R. No. 171092, March 15, 2010

3.

by voluntary submission
Rodriguez vs. Alikpala, G.R. No. L-38314, June 25, 1974

e.

Over the Res

Rule 14, Sec. 15, Rules of Court
Midgely v. Hon. Fernando, G.R. No. L-34314, May 13, 1975
Perkins v. Dizon, G.R. No. 46631, November 16, 1939
Macahilig v. Heis of Magalit, G.R. No. 141423, November 15, 2000
See: Joya v. Judge Marquez, G.R. No. 162416, January 31, 2006