San Beda College of Law

2010 Centralized Bar Operations

RULE 1: GENERAL PROVISIONS SECTION 3. CASES GOVERNED

Action Claim
SECTION 1. TITLE OF THE RULES An ordinary suit in a court A right possessed by
These Revised Rules of Civil Procedure were of justice. one against another.
approved by the Supreme Court in its One party prosecutes The moment said
Resolution in Bar Matter No. 803, dated April another for the claim is filed before a
8, 1997, to take effect on July 1, 1997. 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 Rules of Court DO NOT HAVE
retroactive effect. They can, however, be Applicability
made applicable to cases pending at the 1. Civil Action – one by which a party sues
time of their passage and therefore are another for the enforcement or protection
retroactive in that sense.
of a right or the prevention or redress of a
wrong.
The rule-making power of the Supreme Court
has the following limitations: A civil action may either be ORDINARY
1. Simplified and inexpensive procedure for OR SPECIAL. BOTH are governed by the
the speedy disposition of cases; rules for ordinary civil actions, SUBJECT
2. Uniform for all courts of the same grade;
to the specific rules prescribed for a
and
special civil action.
3. Shall not diminish, increase or modify
substantive rights (Art. VIII Sec. 5[5], 1987 2. Criminal Action – one by which the State
Phil. Constitution).
prosecutes a person for an act or omission
punishable by law.
 In the interest of just and expeditious
proceedings, the Supreme Court may 3. Special Proceedings – a remedy by
suspend the application of the Rules of which a party seeks to establish a status,
Court and except a case from its a right, or a particular fact (SRP).
operation because the Rules were
precisely adopted with the primary Classification of Actions
objective of enhancing fair trial and A. As to Nature
expeditious justice (Republic vs. CA, et al., Ordinary Civil Action Special Civil Action
L-31303-04, May 31, 1978).
Governed by ordinary rules. Also governed by
ordinary rules but
SECTION 2. IN WHAT COURTS SUBJECT to specific
APPLICABLE rules prescribed
These Rules shall apply in all the courts, (Rules 62 to 71).
EXCEPT as otherwise provided by the Formal demand of one’s Special features not
Supreme Court. legal rights in a court of found in ordinary civil
justice in the manner actions.
prescribed by the court or
by the law.

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 vice-
chairperson 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. NIÑA 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