Civil Procedure: General Provision

  1. General Provision
    1. Applicability
    2. Uniform Procedure in MTC and RTC – Rule 5 Sec 1. The procedure in the Municipal Trial Courts shall be the same as in the Regional Trial Courts,
      1. Exceptions
        1. Where a particular provision expressly or impliedly applies only to either of said courts, or
        2. in civil cases governed by the Rules on Summary Procedure.
    3. Rules of Court as Law
    4. Retroactive Application
      1. Exception
      2. Tan Jr. Vs CA – GR No. 136368, January 16, 2002
      1. Construction – Rule 1 Sec 6 provides that These rules shall be liberally construed in order to promote their objective of securing a just, speedy and inexpensive disposition of every action and proceedings.
        1. What is the General Cause of Action? – Rule 2 Sec 2 provides that “a cause of action is the act or omission by which a party violates a right of another”.
          1. Asia United Bank v. Goodland Co.G.R. No. 191388, March 9, 2011
        2. When is liberal construction proper?
          1. Rule 1 Sec 6 provides that These rules shall be liberally construed in order to promote their objective of securing a just, speedy and inexpensive disposition of every action and proceedings.
          2. Cabrera vs. NgG.R. No. 201601, March 12, 2014
          3. Sebastian vs. Morales445 Phil 595, 605
          4. Sablas vs Sablas526 SCRA 292
          5. Saint Louis University vs CobarrubiasG.R. No. 187104, August 3, 2010
        3. Requisites for application of liberal construction
          1. Gipa et. al vs Southern Luzon Institute, G.R. 177425, June 18, 2014

One thought on “Civil Procedure: General Provision

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

%d bloggers like this: