Rules of Court (Rules 1 to 16)

Rule Title
1 (6) General Provisions (TICICC)
Section 1. Title of the Rules
This Rule shall be known and cites as _______________
Sec. 2. In what courts applicable
This Rule shall be applicable in ________ except as otherwise provided by the
_____________
Sec. 3. Cases governed
This Rule shall govern the procedure in all actions, _____, ________ or _______
proceedings
(a) A civil action is one by which a party sues another for the enforcement or
protection of a right, or the prevention and redress of a wrong
A civil action may either be ordinary or special. Both of which are governed by
the rules on ordinary civil actions subject to special rules provided for special
civil actions
(b) A criminal action is one by which the state prosecutes a person for an act
punishable by law
(c ) A special civil action is a remedy where a party seeks to establish a status, or
a right, or a particular fact.
Sec. 4. In what cases not applicable
This Rule shall no apply in ________ cases, ______ registration, _______,
__________ and _________ proceedings, and in any other cases not herein
provided for except by _______ or in a ________ manner and whenever practicable
and convenient.
Sec. 5. Commencement A civil action is commenced by the ______ of the
original complaint in court. If an additional defendant is impleaded in a later
proceeding, the action is commenced with regard on the date of the filing of such
later pleading, irrespective of whether the motion for its admission, is denied by
the court.
Sec. 6. Construction These Rules shall be _______ construed in order to
promote their objective of securing a_____, _____, and ______ disposition in every
action or proceeding
2 (6) Cause of Action (OCOSJM)
Section 1. Ordinary civil action; basis of Every ordinary civil action must be
based on a cause of action
Sec. 2. Cause of action; defined A cause of action is an act or omission by which
a party violates the right of another
Sec. 3. One suit for a single cause of action A party may not institute more
than one suit for a single cause of action
Sec. 4. Splitting a single cause of action; effect of If two or more suit are
instituted for a single cause of action, the filing of one or the judgement upon the
merits in anyone shall be available as a ground for dismissal of the others
Sec. 5. Joinder of causes of action
Sec. 6. Misjoinder of causes of action
3 (22) Parties to Civil Action WPRSMPCNN
Section 1. Who may be parties; plaintiffs and defendant
 Sec. 2. Parties in interest
Sec. 3. Representatives as parties
Sec. 4. Spouses as parties
Sec. 5. Minor or incompetent persons
Sec. 6. Permissive joinder of parties
Sec. 7. Compulsory joinder of parties
Sec. 8. Necessary party
Sec. 9. Non-joinder of necessary parties to be impleaded
Sec. 10. Unwilling co-plaintiff
Sec. 11. Misjoinder and Nonjoinder of Parties
Sec. 12. Class suit
Sec. 13. Alternative defendants
Sec. 14. Unknown identity or name of defendant
Sec. 15. Entity without juridical identity as defendant

4 (4) Venue (VrVpVnW)

Section 1. Venue of real actions
Sec. 2. Venue of personal actions
Sec. 3. Venue of actions against non-residents
Sec. 4. When Rule not applicable
5 (2) Uniform Procedure in Trial Courts (UM)
Section 1. Uniform procedure
Sec. 2. Meaning of terms
6 (13) Kinds of Pleadings (PdPaCADCCCCRTBA)
Section 1. Pleadings defined
Sec. 2. Pleadings allowed.
Sec. 3. Complaint
Sec. 4. Answer
Sec. 5. Defence
Sec. 6.Counterclaim
Sec. 7. Compulsory counterclaim
Sec. 8. Cross-claim
Sec. 9. Counter-counterclaim or counter cross-claim
Sec. 10. Reply
Sec. 11. Third (Fourth, etc.) party complaint
Sec. 12. Bringing in new party
Sec. 13. Answer to third party complaint
7 (4) Parts of a Pleading (CBVSC)
Section 1. Caption
Sec. 2. Body
Sec. 3. Signature
Sec. 4. Verification
Sec. 5. Certificate against forum shopping
8 (13) Manner in Making Allegations in Pleadings
 Section 1. In general.
Sec. 2. Alternative defence
Sec. 3. Conditions precedent*
Sec. 4. Capacity
Sec. 5. Fraud, Mistake, Condition of Mind
Sec. 6. Judgement
Sec. 7. Action or defence based on document
Sec. 8. How to contest such documents
Sec. 9. Official documents or acts
Sec. 10. Specific denial
Sec. 11. Allegations not specifically denied, deemed admitted
Sec. 12. Striking out of a pleading or matter contained therein
9 (3) Effect of Failure to Plead (DCDereew)
Section. 1. Defences or objections not pleaded
Sec. 2. Compulsory counterclaim, or cross-claim, not set up barred
Sec. 3. Default; declaration of
(a) effect of order of default
(b) relief from order of default
( c ) effect of partial default
(d) effect of relief to be awarded
(e) where no default allowed
10 (8) Amended or Supplemental Pleadings (GRLFCSFE)
Section 1. Amendment in general
Sec. 2. Amendment as a matter of right
Sec. 3. Amendment with Leave of Court
Sec. 4. Formal Amendment
Sec. 5. Amendment to conform or authorize presentation of evidence
Sec. 6. Supplemental pleading
Sec. 7 Filing of amended pleadings
Sec. 8 Effect of amended pleadings
11 (11) When to File Responsive Pleadings (ADACT REAC OE)

12 (6) Bill of Particulars (WACESB) (BUIIAA)

Section 1. When applied for; purpose Before responding to a pleading, a party
may move for a _____________ or for a definite ___________ of any matter which
is ____________ with ______________ or particularity to enable him to ______ for
his responsive pleading. If the pleading is a reply, the motion must be filed
within _______ days from _______ thereof. Such motion shall point out the defects
complained of, the paragraphs wherein they are contained and the details
desired.
Sec. 2. Action by the court Upon the filing of the motion, the clerk of court
____ immediately bring it to the attention of the _____ which may either _____ or
____ it, or allow the parties ______.
Sec. 3. Compliance with order. If the motion is granted, either in whole or in
part, the compliance therewith must be effected within ___ days from the ______
of order, unless a _______ is fixed by the court. The bill of particulars or a more
definitive statement ordered by the court may be filed either in a ______ or
 _______ pleading, serving a copy thereof to the _______ party
Sec. 4. Effect of noncompliance If the order is not obeyed, the court may order
the __________ of the pleading or the portions thereof which the order was
directed or such _______ as it deems just.
Sec. 5. Stay of period to file responsive pleading After service of Bill of
Particulars or of a more definite pleading, or after notice of denial of his motion,
the moving party may file his responsive pleading within __________________ at
the time of the ____________, which shall not be less than _____ days in any
event
Sec. 6 Bill a part of pleading A bill of particular becomes ______ of the
pleading for which it was intended
13 (14) Filing and Service of Pleadings and Other Papers

14 (20) Summons

15 (9) Motions (DWC HNP MOMF) (MAAmETNESAR)

Section 1. Motions defined. Motions are ____________ other than by a pleading
Sec. 2. Motion must be in writings All motions must be in _______ unless raised
in ______ or during the course of the _________ or _____
Sec. 3. Contents A motion shall state the ________ sought to be obtained and
the ________ on which it is based, and if required by these Rules or if necessary
to _______ the facts therein, shall be accompanied by __________ affidavits and
other papers.
Sec. 4. Hearing of motion Except for motions which the court may act upon
without prejudicing the rights of the adverse party, every motion shall be set for
hearing by the applicant

Every written motion required to be heard and the notice of hearing thereof shall
be served in such a manner as to ensure its receipt by the other party at least 3
days before the date of hearing unless for good cause the court sets the hearing
for a shorter notice.
Sec. 5. Notice of hearing The notice of hearing shall be ________ concerned, and
shall specify the ____ and ____ of the hearing which must not be ______ than __
days ________ the filing of the motion
Sec. 6. Proof of service necessary. No written motion set for hearing shall be
acted upon the court without _________ thereof.
Sec. 7. Motion day Except for motions requiring immediate action, all motions
shall be scheduled every ______, or if Friday is a ________, in the ______ of the
next working day.
Sec. 8. Omnibus motion rule. Subject to the provisions of section 1 of Rule 9, a
motion attacking a pleading, order, judgment, or proceeding shall include
____________, and all objections not raised shall be deemed ______
Sec. 9. Motion for leave A motion for leave to file a pleading or motion shall be
accompanied by the _____ or ______ sought to be admitted.
Sec. 10. Form.- The rules applicable to the pleadings shall apply to written
motions as far as concerns caption, designation, signature, and any other form
16 (6) Motion to Dismiss
 Rule 2

CAUSE OF ACTION

Section 1. Who may be parties; Plaintiffs and Defendants Only natural or

juridical persons or entities recognized by law may be parties to a civil action.
The term plaintiff may refer to the claiming party, the counterclaimant, the
cross-claimant, the third party plaintiff. The term defendant may refer to the
original defending party, the defendant in a counterclaim, the cross-defendant,
the third fourth party defendant

Section 2. Parties in interest. A real party in interest is one who stands to be

benefited or injured by the judgment in the suit, or the party entitled to the
avails of the suit. Unless otherwise authorized by law or these rules, every action
must be prosecuted or defended to the real parties in interest.

Rule 14

SUMMONS

SECTION 1. Clerk to issue summons. Upon the ______________ and payment

of __________________, the clerk of court shall forthwith issue the corresponding
_____________ to the defendants.

Sec. 2. Contents. The summons shall be directed to the___________, signed by

the _______________ under seal, and contain: (a) the ___________ and the
_____________________; (b) a direction that the defendant __________ within the
time fixed by these Rules; (c) a _________ that unless the defendant so answers,
plaintiff will take judgment _____ and may be granted the _______ applied for.

A copy of the complaint or order for ____________ of guardian ___________,

if any, shall be attached to the __________ and each copy of the __________

Sec. 3. By Whom Served. The service may be served by the _______, his
_______, or the _________, or for justifiable reason by ________________ issuing
the summons.
Sec. 4. Return When the service has been completed, the ________ shall, within
_________ therefrom, ________________, __________ or by ___________ to the
____________, and shall ___________ the summons to the _________ who issued it,
accompanied by ______________.

Sec. 5. Issuance of alias summons If a summons is returned without being

served on any or all of the defendants, the server shall also serve -
_______________ on the plaintiffs counsel, stating the ___________ for the failure
of service, within ________therefrom. In such a case, or if the summons
__________, the clerk, on ________ of the plaintiff, may issue an _______________

Sec. 6. Service in person of defendant Whenever practicable, the summons

shall be served by _____________ thereof to the _____________ in person, or, if
refuses to receive and sign for it, by ___________ it to him.

Sec. 7. Substituted service. If, for ___________, the defendant cannot be served
within a reasonable time as provided in the preceding section, service may be
effected (a) by _______________________ at the defendants ___________ with some
person of suitable _______ and __________ then _________ therein, or (b) by
leaving the copies at the defendants _________ or regular place of _______ with
some _____________ person _________ thereof.

Sec. 8. Service upon entity without juridical personality. When persons

associated in an entity _______________ personality are sued under the name by
which they are ______________, service may be effected upon all the defendants
by serving upon __________, or upon the person ________ of the _______ or
__________ maintained in such name. But such service shall not bind
individually any person whose connection with the entity has, upon due notice,
been ______ ________ the action was brought.

Sec. 9. Service upon prisoners When the defendant is a prisoner confined or

detained in a jail or institution, service shall be effected upon him by the
_____________ of such jail or institution who is deemed
__________________________ for said purpose.

Sec. 10. Service upon minors and incompetents. When the defendant is a
minor, insane, or otherwise incompetent, service shall be made upon _____
personally _____ his _________ whose appointment shall be applied for by the
______. In the case of minor, service may be made on his _______ or _______.

Sec. 11. Service upon domestic private juridical entity When the defendant is a
__________, _____________ or ____________ organized under laws of the
Philippines with ________________, service may be made on the ___________,
_________, _____________, ________________, ___________ or in-house
___________.

Sec 12. Service upon foreign private juridical entity When the defendant is a
private foreign juridical entity which has __________ in the Philippines, service
may be made in its ________ designated in accordance with law for that purpose,
or, if there be no such agent, on the _________________________ to that effect, or
on any of its officers or agents within the Philippines

Sec. 13. Service upon public corporations. When the defendant is the Republic
of the Philippines, service may be effected on the _____________; in case of a
province, city or municipality, or like __________, service may be effected on its
____________, or on such officer or officers as the __________ may direct.

Sec. 14. Service upon a defendant whose identity or whereabouts are unknown.
In any action where the defendant is designated as an unknown owner, or the
like, or whenever his whereabouts are unknown and cannot be ascertained
by____________, service may, by _________, be effected upon him by ________ in a
________ of _________ and in such _____ and for such ________ as the _____ may
order.

Sec. 15. Extraterritorial Service.

Sec. 16. Residents temporarily out of the Philippines. When an action is

commenced against a defendant who ordinarily resided within the Philippines,
but who ____________ out of it, service may, with ___________, be effected out of
the Philippines, as under the preceding section.

Sec. 17. Leave of Court Any application to the court under this Rule for leave to
effect service in any manner which leave of court is necessary shall be made by
________________, supported by _________ of the __________ or any person on
some person on his behalf, setting forth the grounds for the application

Sec. 18. Proof of service by publication The proof of service of summons shall
be made in __________ by the server and shall set forth the ________, _____, and
______ of service; shall specify any papers which have been served with the
process and the name of the person who received the same; and shall be sworn to
when made by a person other than a sheriff or his deputy.

Sec 19. Proof of service by publication. - If the service has been made by
publication, service may be proved by the __________ of the _______, his
_________ or principal _____, or of the ____, business or advertising _______, to
which affidavit a ____________ shall be attached, and by an affidavit showing the
_________ of a _______ of ___________ and ___________ in the post office, postage
prepaid, directed to the __________ by registered mail to his last known address
Sec. 20. Voluntary appearance. The defendants voluntary appearance in the
action shall be equivalent to a ______________. The inclusion in a motion to
dismiss of other grounds aside from ________________________________
defendant shall not be deemed a voluntary appearance.

Rule 15 Motion

Section 1. Motion defined. A motion is an application for relief ___________

pleading.

Sec. 2. Motions must be in writing. - All motions shall be in writing except those
made ________ or in the course ____________.

Sec. 3. Contents. A motion shall state the _________ to be obtained and the
_______ upon which it is based, and if required by these Rules or necessary to
prove facts therein, shall be accompanied by __________ and other _______.

Sec. 4. Hearing of motion Except for motions which the court may act upon
without ______________ the adverse party, every written motion shall be set for
___________ by the applicant.

Every written motion required to be heard and the notice of the hearing thereof
shall be served in such a manner as to ensure its receipt by _________ at least
____ days before the date of hearing, unless for the court _________ sets the
hearing on shorter notice

Sec. 5. Notice of hearing The notice of hearing shall be addressed to all

parties concerned, and shall specify the time and date of the hearing which must
not be later than 10 days after the filing of the motion

Sec. 6. Proof of service necessary - No written motion set for hearing shall be
acted upon the court without the proof of service thereof

Sec. 7. Motion Day Except for motions requiring immediate action, all
motions shall be scheduled for hearing on Friday afternoons, or if Friday is a
non-working day, in the afternoon of the next working day

Sec. 8. Omnibus Motion Subject to provisions of Sec. 1 of rule 9, a motion

attacking a pleading, order, judgment, or proceeding shall include all objections
then available, and all objections not so included shall be deemed waived.
According to the Constitution, all persons are presumed innocent unless the
contrary is proved. Coming from this concept, it is to be understood that
detention before conviction is not punishment. Thus, bail, generally is a right.

The reason why bail is a matter of discretion to the Court when the crime is
punishable by reclusion perpetua is because of the high risk that a person will
flee given the length of penalty he faces. The right to bail has become
discretionary because the court has to ensure that it maintains its control over
the defendant so that he can answer to his charges so that justice will not be
curtailed.

IMO, in the case of Enrile vs. Sandiganbayan, the bail granted would have been
better if they based it on solely on the basis that bail are discretionary to the
court rather than the justification of for humanitarian purposes. That due to
the sickness and old age of the petitioner (which the Sandiganbayan did not
consider), the Court is convinced that he is not a flight risk and that justice will
be served even without depriving him his liberty. The decision to incorporate for
humanitarian justification, while supported by the UN Declaration of Human
Rights, can leave an impression of accommodation for that simple reason that
several prisoners suffering from old age and sickness are now suffering from the
courts. That the justification of sickness and age was denied in jurisprudence
before like for example in the case of People vs. Fitzgerald.