Civ Pro

CIVIL PROCEDURE

RULE 1
GENERAL PROVISIONS

Statutes regulating the procedure of courts will be construed as applicable to actions pending and undetermined at the time of their passage so long as vested rights will not be impaired.

Under the 1987 Constitution, the rule-making power of the Supreme Court has the following limitations: 1. shall provide a 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]).

Section 3. Cases governed.
|ACTION |CLAIM |
| | |
|An ordinary suit in a court|A right possessed by one |
|of justice |against another |
| | |
|One party prosecutes |The moment said claim is |
|another for the enforcement|filed before a court, the |
|or protection of a right or|claim is converted into an |
|the prevention or redress |action or suit. |
|of a wrong. | |

CLASSIFICATION OF ACTIONS.
(A)
|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 one’s |Special features not found |
|legal rights in a court of |in ordinary civil actions |
|justice in the manner | |
|prescribed by the court or | |
|by the law | |

(B)
|ACTION IN REM |ACTION