Civil Procedure is the study of the basic principles of JURISDICTION & PROCEDURE in CIVIL CASES.

The Rules of Court Civil Procedure 1. Ordinary Civil Actions (Rules 1 to 56) One by which a party sues another for the enforcement or protection of a right, or the prevention or redress of a wrong. 2. Provisional Remedies (Rules 57-61) a generic term for any temporary order of a court to protect a party from irreparable damage while a lawsuit or petition is pending.

3. Special Civil Actions (Rules 62-71) Generally follow the rules on ordinary civil actions, but there are some special rules only for it sometimes. Thats why its called special. Types of Special Civil Actions :
1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. Mandamus Interpleader Certiorari Contempt Prohibition Eminent Domain Declaratory Relief Quo warranto Partition of real estate Foreclosure of mortgage Unlawful detainer

A Civil Actions may be: a) ORDINARY or SPECIAL both are governed by the rules for ordinary civil actions, subject to specific rules prescribed for a special civil action. b) IN PERSONAM brought against a person based on personal liability to the person bringing the action c) IN REM it is directed against the thing itself rather than the person d) QUASI IN REM names a person as a defendant but its object is to subject the persons interest in property to a corresponding lien or obligation

Distinguishing Civil Actions from other kinds of actions: A. CRIMINAL one by which the state prosecutes a person for an act or omission punishable by law. B. SPECIAL PROCEEDING remedy by which a party seeks to establish a status, right or a particular fact. DISTINCTIONS BETWEEN A CIVIL ACTION AND SPECIAL PROCEEDINGS CIVIL ACTION Adversarial between plaintiff and defendant formal demand of a right by one against the other SPECIAL PROCEEDINGS not necessarily as it may involve only 1 party declaration of a status, right or a particular fact

Civil actions versus Special proceedings Special proceedings establish a status, a right, or a particular fact. They are not there for the enforcement or protection of a right, or the prevention or redress of a wrong like civil actions. Features: 1. The State is interested in the proceeding 2. Proceedings are in rem 3. Rules are for expediency 4. Usually not adversarial in the traditional sense of 2 contending private parties.

Special proceedings: 1. Settlement of estate of deceased persons 2. Escheat 3. Guardianship and custody of children 4. Trustees 5. Adoption 6. Rescission and revocation of adoption 7. Hospitalization of insane patient 8. Habeas corpus 9. Change of name 10. Voluntary dissolution of corporations 11. Judicial approval of voluntary recognition of minor natural children; 12. Constitution of family home 13. Declaration of absence and death 14. Cancellation of correction of entries in civil registry

ELECTRONIC SOURCES 1. Government Sources a. Supreme Court E-Library i. Laws from 1901-present ii. Jurisprudence Supreme Court Decisions from 1901-present 1. Decisions - Extended 2. Resolutions including minute resolutions iii. Court Issuances 1. Rules of Court from 1918 to present 2. Administrative Matters 3. Circulars and Orders of the Supreme Court & Office of Court Administration iv. Executive Issuances rules and regulations issued by the President

1. Executive Orders 2. Administrative Orders 3. Memorandum Order/Memorandum Circular 4. Proclamations v. National Administrative Register contains regulations of government agencies vi. Reference 1. Bench books 2. Catalogue books of the SC& 78 Court Libraries of the Philippines 3. Index of Philippine Periodicals found in the SC Library 4. Journals publication of the Court 5. Philippine Law Journal 6. Manual of Clerks of Court ( 2 volumes)

vii. Memorabilia viii. Databases of Appellate Courts b. Official Gazette Online www.gov.ph 2. Law Offices a. Chan Robles Law Firm Virtual Library b. Jaromay, Laurente Law Office Online Library Law Schools a. Arellano Law Foundation (www.lawphil.net) Commercial Sources by subscription a. Online

3.

4.

i. ii. iii. b. i. ii. iii.

eSCRA (http:/central.com.ph/central-books) www.cdasiaonline.com Law Juan Laws -free CD ROMs !e-library 1901-April 2004 SC E-Library 1996-present CD Asia Technologies Inc. Lex Libris VOLUMES a. Volume 1 LAWS b. Volume 2 Taxation c. Volume 3 Jurisprudence d. Volume 4 Department of Justice e. Volume 5 Local Autonomy & Local Government

f. g. h. i. j. k.

Volume 6 Environment & Natural Resources Volume 7 Labor & Social Legislation Volume 8 Elections Volume 9 Trade Commerce & Industry Volume 10 Securities & Exchange Commission Volume 11 Family Law

OTHER TITLES: 1. Lex Libris Student Edition 2. Bangko Sentral ng Pilipinas 3. The National Administrative Register 4. Proceedings of the 1986 Constitutional Commission 5. Impeachment Proceedings Against President Joseph E. Estrada

6. Department of Agrarian Reform Legal Information System 7. Bureau of Internal Revenue Legal Information System 8. Compendium of Philippine Customs Laws & Regulations 9. Philippine Law Encyclopedia (2011) 10. Philippine Tax Encyclopedia (2011) 11. Sarmiento, Ulpiano III. Education Law of the Private Schools 12. Te, Theodore. Philippine Judicial and Legal Forms