PINEDAPCG,RN,MAN2015

RULE 1
RULES OF COURT

SEC 2

Apply in all the courts

CIVIL

SEC 3

Except as
otherwise
provided by the
Supreme Court

SPECIAL
PROCEEDINGS

CRIMINAL

SEC 4

CIVIL ACTION
A party sues another for the
enforcement or protection of a right,
or the prevention or redress of a
wrong.

Ordinary Civil
Action

Special Civil Action

Specific rules
are provided
Rules 62 to 71

SEC 5

Commencement of action

SEC 6

Filing of the original complaint and

payment of proper docket fee.
(Manchester vs CA G.R. No. 75919.
May 7, 1987).

Election cases,
land registration,
cadastral,
naturalization and
insolvency
proceedings, and
other cases not
herein provided
for, except by
analogy or in a
suppletory
character and
whenever
practicable and
convenient.

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

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Ordinary Civil Action

Commencement of action Rule 1 Sec 5
Claims stated in
the body and
the prayer of
the complaint
where docket

Proper Docket Fee

Filing of original complaint

Yes

Cause of action

YES
(Manchester
vs CA)

NO

DISMISSAL?

RULE 2 SEC 2 Act

or omission by
which a party
violates a right of
another

NO
Lien over the
Judgment
(Sun
Insurance vs
Asuncion

Single cause of action

NO

YES

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
Judicata/Litis
Pendente

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
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

Rule 2 Sec 6: Misjoinder of parties

NO

Motion of the party or

initiative of the court
Misjoined cause of action
severed and proceeded
separately

Parties*
Rule 3 Sec 2: Parties* in interest
Rule 3 Sec 1:
(Benefited or injured by the judgment
of the suit)

Natural
Juridical
Entities authorized by law

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