RULE 1: GENERAL PROVISIONS SEC 5.

Joinder of causes of action

Sec. 1: Title Conditions:
a) Compliance with the rules on joinder
Sec. 2: Applicability b) The joinder shall not include special civil actions
In all courts, except as otherwise provided by court c) Different venues – RTC, provided that one of the causes of action falls w/in the
jurisdiction of RTC
Sec. 3: Cases governed: d) The aggregate amount claimed shall be the test of jurisdiction

Civil action – is one by which a party sues another for the enforcement or protection SEC 6. Misjoinder – not a ground for dismissal
of a right, or prevention or redress of a wrong. It can either be ordinary or
special.
RULE 3: PARTIES TO CIVIL ACTIONS
Criminal action – is one by which the State prosecutes a person for an act or omission
punishable by law. Sec. 1.
Plaintiff – the claiming party, the counter-claimant, cross claimant, 3rd (4th) party
Special proceeding – is a remedy by which a party seeks to establish a status, a right, complaint
or a particular fact.
Defendant – original defending party, the defendant in the counter-claim, cross claim, 3rd
Sec. 4. In what cases not applicable: C E L I N (4th) party complaint
C - cadastral cases
E – election cases Sec. 2. Real party in interest – is the party who stands to be benefited or injured from the
L – land registration cases judgment in the suit; or entitled to the avails of the suit.
I – insolvency proceedings
N - naturalization Sec. 3. Representatives as parties
And other cases not herein provided Sec. 4. Spouses
Except by analogy or in suppletory character and whenever practicable and convenient Sec. 5. Minor or Incompetent – father, mother, guardian or guardian ad litem
Sec. 6. Permissive Joinder
Sec. 5. Commencement of action – by the filing of original complaint
Sec 7. Compulsory joinder of indispensable parties
Sec. 6. Construction – liberally construed in order to promote just, speedy and inexpensive Indispensable party- parties in interest without whom no final determination can be had if
disposition of action and proceeding. not joined.

CIVIL ACTIONS SEC 8. Necessary party – one who is not indispensable but who ought to be joined as a
ORDINARY CIVIL ACTIONS: party if complete relief is to be accorded, or for complete determination or settlement of the
claim
RULE 2: CAUSE OF ACTION
SEC 9.
SEC 1: Basis of Ordinary Civil Actions – cause of action
SEC 10.
SEC 2. Cause of action – an act or omission by which a party violates a right of another
SEC 11.
SEC 3. One suit for a single cause of action SEC 12.
SEC 13.
SEC 4. Splitting – ground for dismissal
RULE 4: VENUE OF ACTIONS SEC 3.
SEC 4.
SEC 5.
SEC 6.
SEC 7.
RULE 5: SEC 8.
SEC 9.
SEC 10.
SEC 11.
SEC 12.
RULE 6: PROCEDURE IN RTC
RULE 9: EFFECT OF FAILURE TO PLEAD
SEC 1: SEC. 1:
Omnibus Motion Rule
SEC 2.
SEC 2.
SEC 3.
SEC 3. Default
SEC 4.
SEC 5. a. Effect
SEC 6. b. Relief
SEC 7. i. Fraud
SEC 8. ii. Accident
SEC 9. iii. Mistake
SEC 10. iv. Excusable Negligence
SEC 11. c. Partial default
SEC 12. d. Extent of relief
SEC 13. e. Where no defaults allowed:
i. Action for annulment
RULE 7: PARTS OF A PLEADING ii. Declaration of nullity of marriage
1. Caption iii. Legal separation
2. Body *investigation w/n there is collusion between parties and the evidence is not
3. Signature and addresses fabricated
4. Verification
5. Certification against forum shopping
RULE 10: AMENDED AND SUPPLEMENTAL PLEADINGS
SEC 1:
SEC 2. SEC 1:
SEC 3. Amendment can be done by adding or striking out an allegation or the name of a party; or
SEC 4. by correcting a mistake in the name of a party or a mistaken or inadequate allegation or
SEC 5. description, so that the actual merits of the controversy may be speedily determined in the
most expeditious and inexpensive manner.
RULE 8: MANNER IF MAKING ALLEGATIONS IN A PLEADING
SEC 1: SEC 2.
SEC 2.
SEC 3. SEC 6.

SEC 4. SEC 7. Service by mail – by depositing a copy in the post office, in a sealed envelope,
plainly addressed to the party or his counsel at his office, if known, otherwise his residence,
SEC 5. if known,
If no registry service is available in the locality
SEC 6. Supplemental Pleadings – setting forth transactions, occurrences and events
which happened since the date of the pleading sought to be supplemented.
SEC 8. Substituted service – if service cannot be made through personal/ mail, service may
be done by delivering a copy to the clerk of court, with proof of failure of both personal
SEC 7. service or service of mail.

SEC 8. Effects of amended pleadings.

Admissions made in the superseded pleadings- can be received as SEC 9.

RULE 11: WHEN TO FILE RESPOSIVE PLEADINGS

SEC 10. Completeness of Service
a. Personal service – actual delivery
b. Service by ordinary mail – expiration of 10days after mailing unless the court
RULE 12: BILL OF PARTICULARS otherwise provides
SEC 1: Bill of particulars – before answering a pleading, a party may move for bill of c. Service by registered mail – upon actual receipt by the addressee or upon
particulars of any matter which is not averred with definiteness or particularity to enable him
to properly prepare his responsive pleading. It must indicate the defects complained of, the
paragraphs wherein they are contained and the details desired.
SEC 11.

SEC 12.
RULE 13: FILING AND SERVICE OF PLEADINGS, JUDGMENTS AND OTHER PAPERS SEC 13.

SEC 1: SEC 14.

SEC 2:
Filing – act of presenting the pleading or other paper to the clerk of court

Service – is the act of providing a party a copy of the pleading or paper concerned

SEC 3. Manner of Filing

By presenting the original copies:
1. Personally to the clerk of court; and
2. Sending thru registered mail

SEC 4.

SEC 5.