San Beda College of Law 2010 Centralized Bar Operations

RULE 1: GENERAL PROVISIONS SECTION 1. TITLE OF THE RULES These Revised Rules of Civil Procedure were approved by the Supreme Court in its Resolution in Bar Matter No. 803, dated April 8, 1997, to take effect on July 1, 1997. The Rules of Court DO NOT HAVE retroactive effect. They can, however, be made applicable to cases pending at the time of their passage and therefore are retroactive in that sense.

SECTION 3. CASES GOVERNED Action Claim

An ordinary suit in a court A right possessed by of justice. one against another. One party prosecutes The moment said another for the claim is filed before a enforcement or protection court, the claim is of a right or the prevention converted into an or redress of a wrong. action or suit.

The rule-making power of the Supreme Court has the following limitations: 1. Simplified and inexpensive procedure for the speedy disposition of cases; 2. Uniform for all courts of the same grade; and 3. Shall not diminish, increase or modify substantive rights (Art. VIII Sec. 5[5], 1987 Phil. Constitution). In the interest of just and expeditious proceedings, the Supreme Court may suspend the application of the Rules of Court and except a case from its operation because the Rules were precisely adopted with the primary objective of enhancing fair trial and expeditious justice (Republic vs. CA, et al., L-31303-04, May 31, 1978).

Applicability 1. Civil Action one by which a party sues another for the enforcement or protection of a right or the prevention or redress of a wrong. A civil action may either be ORDINARY OR SPECIAL. BOTH are governed by the rules for ordinary civil actions, SUBJECT to the specific rules prescribed for a special civil action. 2. Criminal Action one by which the State prosecutes a person for an act or omission punishable by law. 3. Special Proceedings a remedy by which a party seeks to establish a status, a right, or a particular fact (SRP). Classification of Actions A. As to Nature
Ordinary Civil Action Special Civil Action Governed by ordinary rules. Also governed by ordinary rules but SUBJECT to specific rules prescribed (Rules 62 to 71). Formal demand of ones Special features not legal rights in a court of found in ordinary civil justice in the manner actions. prescribed by the court or by the law.

SECTION 2. IN WHAT COURTS APPLICABLE These Rules shall apply in all the courts, EXCEPT as otherwise provided by the Supreme Court.

EXECUTIVE COMMITTEE: MANOLO ADEL SANTOS overall chairperson, KRISTINE ANNABELLEE HIPOS chairperson for academics, MINISTER MOISES DU chairperson for hotel operations, EZEKIEL JOSHUA VILLENA vice-chairperson for operations, RYAN DARYL PINEDA vice-chairperson for secretariat, DJOANIVIE JOMARE JUNASA vice-chairperson for finance, MARIE MICAELA STA. ANA vice-chairperson for edp, DIOXENOS SULIT vicechairperson for logistics SUBJECT COMMITTEE: BERNADETTE BATHAN subject chair, REX LABAO assistant subject chair, KATRINA RIVERA edp, JOANNA ARELLANO and PRESCIA VANESSA REYNANTE civil procedure, JOYCE SAPLA special civil actions, MA. NIA JASMIN SUING special proceedings, KATRINA CUE criminal procedure, LEOPONVILLE NDOTA WAMBUI GITAU evidence, EUGENE CARLO SALONGA special laws MEMBERS: Mary Christine Dabu, Joel Malasaga, Cyphrine Maxcel Dalog, Maervic Tuvida, Joanna Marie Paguio, Eva Christine Naparan, Joseph Tayao, Diane Dauz, Arvin Molina, Dang Delos Reyes, Glory Grace Arugay, Irene Pena, Ethel Joy Arriola, Jane Kathyrine Lim, Jason Leybag, Mayette Tapia, Israel Soguilon, Irwin Pena, Angel Calalang, Chris Ocampo, Aaron Saludo, Katrina Chavez, Cecille Banitez, Camhella Sandoval, Anthony Villamor, Jezreel Taguba, Roda Bajesa, Ma. Veronica Guangco, Ela Punzalan, Raoul Benedict Fernandez, David Villazor, Ina De Vera, Kams Lagasca and Ajean Tuazon