A. General provisions (Rule 1)

1. Coverage

a. IN WHAT COURTS APPLICABLE

These Rules shall apply in all the courts, except as otherwise provided by the Supreme Court. (Section 2, Rule 1, Ibid.)

b. CASES GOVERNED

These Rules shall govern the procedure to be observed in actions, civil or criminal, and special proceedings. (Section 3, Rule 1, Ibid.)

Civil action. A civil action is one by which a party sues another for the enforcement or protection of a right, or the prevention or redress of a wrong. (Section 3[a], Rule 1, Ibid.)

A civil action may either be ordinary or special. Both are governed by the rules for ordinary civil actions, subject to the specific rules prescribed for a special civil action. (n)

Criminal action. A criminal action is one by which the State prosecutes a person for an act or omission punishable by law. (Section 3[b], Rule 1, Ibid.)

Special proceeding. A special proceeding is a remedy by which a party seeks to establish a status, a right, or a particular fact. (Section 3[c], Rule 1, Ibid.)

c. IN WHAT CASES NOT APPLICABLE

General Rule: These Rules shall not apply to:
1) Election cases;
2) Land registration;
3) Cadastral;
4) Naturalization;
5) Insolvency proceedings; and
6) Other cases not herein provided for.
Exception: … except by analogy or in a suppletory character and whenever practicable and convenient. (Section 4, Rule 1, Ibid.)

d. COMMENCEMENT OF ACTION

A civil action is commenced by the filing of the original complaint in court. If an additional defendant is impleaded in a later pleading, the action is commenced with regard to him on the date of the filing of such later pleading, irrespective of whether the motion for its admission, if necessary, is denied by the court. (Section 5, Rule 1, Ibid.)

e. CONSTRUCTION

These Rules shall be liberally construed in order to promote their objective of securing a just, speedy and inexpensive disposition of every action and proceeding. (Section 6, Rule 1, Ibid.)

Disclaimer: All information herein is for educational and general information only intended for those preparing for the bar exam. These should not be taken as professional legal advice or opinion. Please consult a competent lawyer to address your specific concerns. Any statements or opinions of the author are solely his own and do not reflect that of any organization he may be connected.

Share:

Mock Bar Exam Schedules

Test your knowledge. Practice answering questions, repeatedly and continuously — that’s how you prepare for the bar exam. Don’t mindlessly read throughout your bar exam review and expect you can effectively answer during your bar exam.

Mock Bar Exam: Labor Law

The Mock Bar Exam (MBE) for Labor Law will simulate previous bar exam questions, including the time limit. The objective

Related: Remedial Law

E. Lawyer’s Oath

I, do solemnly swear that I will maintain allegiance to the Republic of the Philippines, I will support the Constitution and obey the laws as well as the legal orders of the duly constituted authorities therein; I will do no falsehood, nor consent to the doing of any in court; I will not wittingly or willingly promote or sue any groundless, false or unlawful suit, or give aid nor consent to the same; I will delay no man for money or malice, and will conduct myself as a lawyer according to the best of my knowledge and discretion, with all good fidelity as well to the courts as to my clients; and I impose upon myself these voluntary obligations without any mental reservation or purpose of evasion. So help me God.

Feedback

We value feedback.
Help us improve by with your suggestions and comments.
Thank you in advance

Syllabus-based

Reviewers

Updated

Suggested Answers

error: Content is protected.