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RULE 1

PINEDAPCG,RN,MAN2015

RULES OF COURT SEC 2 Apply in all the courts Except as otherwise provided by the
RULES OF COURT
SEC 2
Apply in all the courts
Except as
otherwise
provided by the
Supreme Court
CIVIL
CRIMINAL
SPECIAL
Election cases,
SEC 3
land registration,
PROCEEDINGS
cadastral,
naturalization and
insolvency
SEC 4
CIVIL ACTION
A party sues another for the
enforcement or protection of a right,
or the prevention or redress of a
wrong.
Specific rules
Ordinary Civil
Special Civil Action
are provided
Action
proceedings, and
other cases not
herein provided
for, except by
analogy or in a
suppletory
character and
whenever
practicable and
convenient.
Rules 62 to 71
Commencement of action
SEC 6
SEC 5
Filing of the original complaint and
payment of proper docket fee.
(Manchester vs CA G.R. No. 75919.
May 7, 1987).
Liberally construed to promote
their objective of just, speedy trial
and inexpensive disposition of
every action and proceeding
Exception: Sun Insurance v J. Asuncion
Rule 2 Sec 1: Must be based
on
a cause of action
Rule 2 Sec 2: Acts or omission by which a
party violates a right of another

Intelligentia et Scientia Semper Mea

RULE 1 PINEDAPCG,RN,MAN2015 RULES OF COURT SEC 2 Apply in all the courts Except as otherwise

Ordinary Civil Action

PINEDAPCG,RN,MAN2015

Commencement of action Rule 1 Sec 5 Claims stated in the body and the prayer of
Commencement of action Rule 1 Sec 5
Claims stated in
the body and
the prayer of
the complaint
where docket
YES
(Manchester
vs CA)
Proper Docket Fee
Yes
NO
DISMISSAL?
NO
Cause of action
RULE 2 SEC 2 Act
or omission by
which a party
violates a right of
another
Lien over the
Judgment
(Sun
Single cause of action
Insurance vs
Asuncion
YES
NO
Rule 2 Sec 4: Splitting a single cause of action
YES
Rule 2 Sec 5: Joinder of causes of action
The party joining the causes of action shall comply with the rules on joinder of parties
The joinder shall not include special civil actions or actions governed by special rules
Res
Where the causes of action are between the same parties but pertain to different venues or
jurisdictions, the joinder may be allowed in the Regional Trial Court provided one of the causes
of action falls within the jurisdiction of said court and the venue lies therein
Judicata/Litis
Pendente
Where the claims in all the causes of action are principally for recovery of money, the
aggregate amount claimed shall be the test of jurisdiction. – TOTALITY RULE
DISMISSAL
COMPLIED?
YES
NO
Rule 2 Sec 6: Misjoinder of parties
Parties*
Rule 3 Sec 2: Parties* in interest
Ordinary Civil Action PINEDAPCG,RN,MAN2015 Commencement of action Rule 1 Sec 5 Claims stated in the body
(Benefited or injured by the judgment of the suit)
(Benefited or injured by the judgment
of the suit)
Rule 3 Sec 1: Natural Juridical Entities authorized by law
Rule 3 Sec 1:
Natural
Juridical
Entities authorized by law

Motion of the party or initiative of the court Misjoined cause of action severed and proceeded separately

Intelligentia et Scientia Semper Mea

Filing of original complaint
Filing of original complaint
Ordinary Civil Action PINEDAPCG,RN,MAN2015 Commencement of action Rule 1 Sec 5 Claims stated in the body