1997 Rules on Civil Procedure 2001 Edition < DRAFT COPY; Please check for errors >

Rule 01 GENERAL PROV ! ON!

Rule 01 General Provisions

!ECT ON 1" Title of the Rules. These Rules shall #e k$o%$ a$& c'(e& as (he Rules of Cour(" !EC" )" In what courts applicable" These Rules shall a**l+ '$ all (he cour(s, e-ce*( as o(her%'se *ro.'&e& #+ (he !u*re/e Cour(" Section 1 provides the title of the Rule Rules of Court. And Section 2, these rules shall apply in all the courts except as otherwise provided by the Supre e Court.! "eanin#, applicable to all courts except when the SC say otherwise. $or exa ple% &he S'""AR( R')*S on procedure which is applicable to so e cases in the "&C. Another exa ple of when the SC say otherwise is Section + that the rules shall not apply to election cases, land re#istration, cadastral, naturali,ation, insolvency proceedin#s and other cases not herein provided for except by analo#y. &hat is for erly Rule 1+-. .#ayon nila#ay nila sa u pisa. &he place ent is better so that we will see it i ediately. &hat is actually not a new provision. &hat/s an old one. 0t used to be in Rule 1+-, now it is in Rule 1. !ec" 0" Cases governed" These Rules shall 1o.er$ (he *roce&ure (o #e o#ser.e& '$ ac('o$s, c'.'l or cr'/'$al, a$& s*ec'al *rocee&'$1s" -----.ow, so e people are as1in# e, A1ala 1o ba civil procedure ito, ba1it eron# cri inal2 3ow co e it entions cri inal cases and definitions when it is supposed to be 1445 Rules on Civil 6rocedure2 .7, Rule 1 is the #eneral provision for the entire Rules of Court. (ou loo1 at the title, &hese rules shall be 1nown as the 8Rules of Court./! &his is the co on deno inator fro the first to the last Rule. &hat/s why it says there 8special proceedin#s,/ 8civil cases/ and 8cri inal cases./ .ow we are not interested in cri inal cases of course. Civil action na lan# tayo una. ----2a3 A c'.'l ac('o$ 's o$e #+ %h'ch a *ar(+ sues a$o(her for (he e$force/e$( or *ro(ec('o$ of a r'1h(, or (he *re.e$('o$ or re&ress of a %ro$1" A c'.'l ac('o$ /a+ e'(her #e or&'$ar+ or s*ec'al" 4o(h are 1o.er$e& #+ (he rules for or&'$ar+ c'.'l ac('o$s, su#5ec( (o (he s*ec'f'c rules *rescr'#e& for a s*ec'al c'.'l ac('o$" ----9ell the definition of a civil action is there. &he definition now beco es shorter co pared to the previous definition. 0t/s the sa e definition. 0t has only been shortened. A C0:0) AC&07. is one by which a party sues another for the enforce ent or protection of a ri#ht, or the prevention or redress of a wron#. So, that is the purpose of a civil suit to enforce or protect your ri#ht or you sue so ebody for the purpose of preventin# or redressin# a wron#. CLA!! F CAT ON OF C V L ACT ON! ;% Classify civil actions. 52

1997 Rules on Civil Procedure 2001 Edition < DRAFT COPY; Please check for errors >
A% &he followin#% 0. As to .A&'R* <Section - =a>? a.? 7rdinary Civil Actions b.? Special Civil Actions

Rule 01 General Provisions

00. As to CA'S* or $7'.@A&07.% a.? Real Actions b.? 6ersonal Actions c.? "ixed Actions 000. As to 6)AC* 7$ $0)0.A a.? )ocal Actions b.? &ransitory Actions 0:. As to 7BC*C& a.? Action In Personam b.? Action In Rem c.? Action Quasi In Rem " C V L ACT ON; CLA!! F CAT ON A! TO NAT6RE ORD NARY C V L ACT ON! and !PEC AL C V L ACT ON! &he special civil actions are #overned by Rules D2 to 51. And the actions not a on# those entioned is auto atically ordinary. And even at this sta#e, you should be able to #ive already what. are the special civil actions. So, it is a atter of loo1in# at the table of contents. Rules D2 to 51% 0nterpleader, @eclaratory Relief, Certiorari, 6rohibition, "anda us, ;uo 9arranto, *xpropriation, $oreclosure of "ort#a#e, 6artition, $orcible *ntry, 'nlawful @etainer and Conte pt. &here is a new one Review of $inal @ecisions or Resolutions of the C7"*)*C and C7A under Rule D+. But actually it says there, it is #overned by Rule DE. So in other words Certiorari <Rule DE? pa rin althou#h it/s a new rule now. Rule D+ is entitled Review of @ecisions of the C7"*)*C and the C7A, but it shall he #overned by Rule DE on Certiorari. ;% 9hat is so i portant in distin#uishin# a special civil action fro an ordinary civil action2 A% 9hat a1es an action special is si ply because of the fact that there are so e specific rules prescribed for the which are not found in other rules. But to say that the rules on ordinary civil actions do not apply to special civil actions is false. &he law is very clear. Both are #overned by the rules on ordinary civil actions subFect to the specific rules. &herefore, in case of conflict between the specific rule #overnin# a particular type of civil action and the ordinary, then you follow the specific provision. But if the rules on special civil actions are silent, apply the ordinary rules. Aive an exa ple of a case where in the absence of a special provision in the rules on special civil actions the court had to apply the rules on ordinary civil actions by analo#y. &he case of A74ERT vs" CO6RT OF APPEAL! 14E SCRA DE4 =1441>

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Rule 01 General Provisions

$AC&S% &his case involved a petition for certiorari <special civil action under Rule DE? and then before the respondent could answer the petition, he withdrew the petition. And then later on he chan#ed his ind. 3e reGfiled the petition. &he Huestion that was as1ed by the SC is when you file a special civil action for certiorari and then before the other party could answer you withdraw it, is the withdrawal with or without preFudice2 Can you reGfile it2 &here is no rule in Rule DE answerin# that Huestion so the SC had to resort to the ordinary rules by analo#y. 3*)@% Certiorari is si ilar to appeal althou#h it is not really an appeal. And the SC loo1ed at the law on appeal. 9hat happens when you perfect your appeal and then later on you withdraw your appeal2 9hat will happen to the order or Fud# ent2 Rule EI says that if you withdraw the appeal, the Fud# ent appealed fro will now beco e final and executory. &herefore, since it is now final and executory, you cannot chan#e it any ore. Applyin# the fore#oin# rules in a supple entary anner <or by analo#y?, upon the withdrawal of a petition in a special civil action before the answer or co ent thereto has been filed, the case shall stand as thou#h no appeal has been ta1en, so that the Fud# ent or order of the lower court bein# Huestioned beco es i ediately final and executory. &hus, a resolution #rantin# the withdrawal of such a petition is with preFudice and petitioner is precluded fro brin#in# a second action based on the sa e subFect atter.! So that/s a perfect exa ple of the application of ordinary rules in special civil actions. .ow, there are other classifications of civil actions which are not expressly stated in Section -. &he only one stated there is ordinary and special. " C V L ACT ON!; CLA!! F CAT ON A! TO CA6!E OF FO6NDAT ON8 REAL, PER!ONAL or 7 9ED ACT ON! An action is either a real or personal action. And that is i portant because of Rule + the venue for real actions is different fro the venue for personal actions. A R*A) AC&07. is briefly described as an action where the issue or the subFect involved is title, ownership, possession or interest over a real property li1e accion publiciana, forcible entry, unlawful detainer, foreclosure of ort#a#e or real property, partition of real property. < c.f. Section 14, B6 124 controversy relates to real property? 7n the other hand, when the issue is not one of those eanin#, it is founded on privity of contract, or on HuasiGdelict, such as actions for a su of oney, or da a#es, for the enforce ent or resolution of a contract, or for recovery of personal property, these are the 6*RS7.A) AC&07.S. <Casilan vs. &o assi, 4I 6hil. 5DEJ Cachero vs. "anila (ellow &axicab, 1I1 6hil. E2-J Bautista vs. 6i#uin#, )G 1IIID, 7ct. -1, 14E5? So e textwriters #ive a third classification% the "0K*@ AC&07.S where there is a ixture of real and personal actions. "ixed actions are such as pertain in so e de#ree to both real and personal and, therefore, are properly reducible to neither of the , bein# brou#ht for the specific recovery of land and for da a#es sustained in respect of such land. <@ela Cru, vs. Se inary of "anila, 1L 6hil. --I? )i1e an action for recovery of a piece of land with da a#es. So that/s a ore of real rather than personal. 0f the da a#e is only incidental, then it is ixed action. Althou#h it is ore of a real action rather

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than a personal action li1e the case of TACAY. &he clai is recovery of possession of land.

Rule 01 General Provisions for da a#es is incidental, the ain purpose

" C V L ACT ON!; CLA!! F CAT ON A! TO T:E PLACE OF F L NG8 LOCAL ACT ON! and TRAN! TORY ACT ON! A )7CA) AC&07.S is an action which can only be instituted in a particular place whereas a personal action follows the residence of the parties. Aood exa ples of local actions are real actions. Real actions are also auto atically local actions. &hey can only be instituted in the place where the property is situated. &his is already provided by law <e.#. accion publiciana, forcible entry, unlawful detainer can only be filed where the land is situated.? &RA.S0&7R( AC&07.S are those which follow the party wherever he ay reside. <1 A . Cur. +-I? 6ersonal actions are transitory it is based on where the plaintiff or where the defendant resides at the option or election of the plaintiff. 0t is based on the residence of the parties. 9e will #o to the fourth classification as to obFect of the suit. V" C V L ACT ON!; CLA!! F CAT ON A! TO O4;ECT8 ACT ON! N PER!ONA7, N RE7 and <6A! N RE7 ACTIO ! I P"R!O A# vs. ACTIO ! I R"#

3ow do we differentiate one fro the other2 &he SC in the past has #iven the definition in so e cases which definition appears in any boo1s as Huoted by authors. But the trouble with these definitions, so eti es, the ore you read it the ore you don/t understand what the definition is all about. $or exa ple% 0f the technical obFect of the suit is to establish a clai #enerally a#ainst so e particular persons, with a Fud# ent which, in theory, at least, binds his body. or to bar so e individual clai or obFection, so that only certain persons are entitled to be heard, the action is I P"R!O A#.! <Arey Alba vs. @ela Cru,, 15 6hil. +4J SandeFas vs. Robles, L1 6hil. +21? But, if the obFect of the suit is to bar indifferently all who i#ht be inded to a1e an obFection of any sort a#ainst the ri#hts sou#ht to be established, and if anyone in the world has a ri#ht to be heard on the stren#th of alle#in# facts which, if true, show an inconsistent interest, the action is I R"#.! <Arey Alba vs. @ela Cru,, 15 6hil. +4J SandeFas vs. Robles, L1 6hil. +21? &o si plify the definition% ACT ON N PER!ONA7 any Fud# ent that the court will render in that case binds only the parties to the action and their privies or their successorsGinGinterest. ACT ON N RE7 any Fud# ent with the court will render in the case binds not only the parties to the case but the whole world, then the action is in rem. &o follow the lan#ua#e of the SC in the case of% C: NG vs. CO6RT OF APPEAL! 1L1 SCRA 4 55

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Rule 01 General Provisions

3*)@% Actions in personam and actions in rem differ in that the for er are directed a#ainst specific persons and see1 personal Fud# ents, while the latter are directed a#ainst the thin# or property or status of a person and see1 Fud# ents with respect thereto as a#ainst the whole world.! Action in persona J *KA"6)*% 0))'S&RA&07.% Recovery of land, accion publiciana% "o a Cessa vs. )ittle )ulu. Sabi n# court% Alri#ht "o a Cessa, you are the winner and you are entitled to the land.! .ow, here co es Baby "aya. "o a Cessa says, 9ala na iyan, tapos na iyan. 0n the case, that was already decided that 0 a entitled.! Sabi ni Baby "aya, Ah, that is between you <"o a Cessa? and )ittle )ulu. But 0/ different. 0 have evidence to prove that y ri#ht is better than yours. 0 a not bound by that decision.! ;% 0s the Fud# ent rendered in the case between "o a Cessa and )ittle )ulu bindin# on Baby "aya2 A% .7, because Baby "aya is not a party to that case. She cannot be bound by a Fud# ent where she is not a party. 3ence, the action between "o a Cessa and )ittle )ulu is an action in personam. Action in Re J *xa ple% 0))'S&RA&07. M1% Action for annul ent of arria#e or declaration of nullity of arria#e. Suppose the husband <Coshua? files a case a#ainst his wife <&e1la? to annul their arria#e. After trial, the court rendered Fud# ent annullin# the arria#e of Coshua and &e1la. 0t beca e final. .ow, the status of the parties is S0.A)* na na an because the arria#e is annulled. Coshua eets another #irl, "ayin#, and courted her and told "ayin#, 0 would li1e to arry you.! "ayin# said, 0 cannot arry you because 0 1now you are arried. 3ow can 0 arry you when you are already arried2! Coshua said, .ot any ore. 0/ no lon#er arried because y arria#e with &e1la is already annulled and here is the decision. So, 0/ sin#le.! Accordin# "ayin#, .o, 0 a not bound by that Fud# ent because 0 was not a party to that case.! ;% 9hen the court ruled in the case between Coshua and &e1la that the arria#e is annulled and that now you are sin#le, is the Fud# ent bindin# on anybody2 A% (*S. (our status is sin#le and whether you are a party in the case or not, you are bound by the Fud# ent because it is directed a#ainst the whole world. (our status is to be respected. 0))'S&RA&07. M2% 9hen a son, Carlo the Spo1es, files a case a#ainst the father, Rod the &enor < ost outstandin# student of 6avarottiN ?, to be considered a reco#ni,ed child and the court said, (es, you are declared a child of the defendant,! Rod the &enor is now co pelled to reco#ni,e you. (our status as a reco#ni,ed child is not only bindin# on your father but is bindin# on the whole world. (our status is no lon#er unreco#ni,ed. &a1e note, an action in rem and in personam have often been confused with the classification of real and personal action. &hey sound al ost the sa e. &hat an action in personam is also a personal action, or, when an action is in rem it is also a real action it is not true. &hat is a different classification. An action could be as to cause it could be real. As to obFect, it could be in personam. 0n the sa e anner, it could be personal action but an action in rem. So, these are two different classification. 0))'S&RA&07.% *u#enia files a case a#ainst Concon to recover the possession of a piece of land. 0t is a R"A$ action. 0n real action, the subFect is possession or ownership of real property. Any

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Rule 01 General Provisions

Fud# ent therein binds only the parties, and not the whole world. So, it is also an action I P"R!O A#. 0t is a real action as to cause, but as to obFect, it is in persona . 0))'S&RA&07.% 6apa 6aul filed a case to annul his arria#e with his wife. 0t is a P"R!O A$ action because it does not involved his property. 0t is about status. But it is also I R"# because the Fud# ent therein is bindin# the whole world. So, a#1aGiba yanOOO As a atter of fact, it is not only students but even lawyers and Fud#es interchan#e one with the other. )ast year, 0 was readin# the SCRA, 0 cannot re e ber the decision where before decidin#, the SC #ave a lecture% &he trouble with this case, the basic error of the court is that it confused real action with an action in re and an action in persona with a personal action a real action could be in persona and a personal action could be in re . So do not be confused. Q%A!I I R"# &ext writers #ave a sort of third classification as to obFect. &his is called action Huasi in re . Q%A!I& eans al ost. So, 8Huasi in re / is al ost in rem. Actually, it is in personam but al ost in rem. ;% @efine action Huasi in re . A% An action 'uasi in rem is actually in personam because it is directed only a#ainst a particular individual but the purpose of the proceedin# is to subFect his property to the obli#ation of lien burdenin# it. &he obFect of the case is the sale or other disposition of property of the defendant over which you have a ri#ht or lien over the property. *KA"6)*% $oreclosure of "ort#a#e. So ebody borrows oney fro you and ort#a#es his land as security for the loan. &hen later, he cannot pay. (ou decide to institute foreclosure proceedin#s over the ort#a#e property. 0 presu e you 1now the obFect of the foreclosure. 0f the property is foreclosed, the property over which you have a lien a ri#ht because it is ort#a#ed to you that property will be sold at public auction and the proceeds will be #iven to the ort#a#ee or creditor in pay ent of the obli#ation. 0))'S&RA&07.% An action to foreclose a ort#a#e is the best exa ple of a civil action Huasi in re because there is a defendant < ort#a#or? and the obFect of the case is to have the property ort#a#ed sold or disposed of in order to satisfy the ort#a#e lien of the ort#a#ee. 0t is in persona because it is directed only a#ainst person who ort#a#ed to you. But once the property is foreclosed, practically everybody has to respect it. 9ala 1a n# ri#ht doon sa property. .aunahan 1a na. &hat/s why it is called Huasi in re . 7r, to borrow the lan#ua#e of the SC in si plifyin# the ter Huasi in re , Huasi in re eans 8a#ainst the person in respect to the res, a#ainst the ort#a#or in respect to the thin# ort#a#ed./ C V L ACT ON! vs. !PEC AL PROCEED NG! ;% @efine a special proceedin#. A% Rule 1, Section - =c>% c3 A s*ec'al *rocee&'$1 's a re/e&+ #+ %h'ch a *ar(+ seeks (o es(a#l'sh a s(a(us, a r'1h(, or a *ar('cular fac(" 2)a, R)3

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Rule 01 General Provisions

Special proceedin#s should not be confused with a civil action. Special 6roceedin#s are #overned by Rules 52G1I4 of the Rules of Court. (ou loo1 at the table of contents and you will see the . &hat is a third year subFect. BAR ;'*S&07.% @istin#uish a civil action fro A% &he followin#% a special proceedin#.

1.? A C0:0) AC&07. is one by which a party sues another for the enforce ent or protection of a ri#ht, or the prevention or redress of a wron#, whereas, A S6*C0A) 6R7C**@0.A is a re edy by which a party see1s to establish a status, a ri#ht, or a particular factJ 2.? 0n a civil action, there are two <2? definite and particular adverse parties, the party who de ands a ri#ht, called a plaintiff, and the other who the ri#ht is sou#ht, called a defendant, whereas, 0n a S6*C0A) 6R7C**@0.A, while there is a definite party petitioner, there is no definite adverse party as the proceedin# is usually considered to be a#ainst the whole worldJ -.? A C0:0) AC&07. reHuires the filin# of for al pleadin#s, whereas 0n a S6*C0A) 6R7C**@0.A, relief ay be obtained by ere application or petitionJ +.? &he period to appeal in C0:0) AC&07.S is #enerally 1E days and the reHuire ent is the filin# of a notice of appeal, whereas 0n S6*C0A) 6R7C**@0.AS the period to appeal is -I days and aside fro notice of appeal, the law reHuires the filin# of a record on appeal. 7f course the basic distinction is found in Section - a civil action is one by which a party sues another for the enforce ent or protection of a ri#ht, or the prevention or redress of a wron#. 9hereas, a special proceedin# is a re edy by which a party see1s to establish a status, a ri#ht, or a particular fact. &he obFect of a civil action is to enforce or protect a ri#ht or to prevent or redress a wron#. But the obFect of a special proceedin# is only to establish a status, a ri#ht or a particular fact. 0f a creditor sues the debtor to collect an unpaid loan, is that a civil action or a special proceedin#2 &hat is a civil action because the creditor wants to enforce or protect his ri#ht to collect. &he creditor is co pellin# the debtor to pay. 0t is adversarial. A #ood exa ple of a special proceedin# is a petition for A@76&07.. 0t is a special proceedin# because the purpose is to establish a status of parents and child who were not related to each other. 0n other words, to create a relation of parents and child under the law between two people. &he procedure in the law of adoption will be studied in the subFect on special proceedin#s. &here was one article which 0 read about adoption. &his is how the author describes adoption% Adoption is one of the sacred ysteries of the law. 0t concerns the a1in# of a natural person as a le#iti ate child of another person without the intervention of sex. A an beco es a father of the child he did not sire. A wo an beco es the other of a child she did not bear. 0t is throu#h the a#ic or fiction of the law that adopters beco e parents of children unrelated to the by blood, or if related, the relationship is one of ille#iti acy.!

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Rule 01 General Provisions

So you can adopt your own ille#iti ate child for the purpose of i provin# his status. So, when you file a petition for adoption, you are not suin# so ebody to enforce or protect a ri#ht or prevent or redress a wron#. &he purpose is to create a status of parent and child between 2 people who are not related to each other. And when you file a petition for adoption, you are not filin# a case a#ainst anybody. 9ala 1a na an# 1alaban, eh. &here is a petitioner, the one who files, but there is no definite party. But it is directed a#ainst the whole world because once the adoption is #ranted, then, as far as the whole world is concerned, they have to respect the status that this is now your child. Paya n#a, it is in re . Aenerally, special proceedin#s are in re . But since it is directed a#ainst the whole world, anyone in the world can co e forward and oppose the petition. Paya n#a ay publication. (ou #o to court and file your opposition. So wala 1an# 1alaban na particular person but in reality, anybody in the world can co e forward and oppose it. &hatQs the difference between a special proceedin# and a civil action. !ec" =" In what cases not applicable" > These Rules shall $o( a**l+ (o elec('o$ cases, la$& re1's(ra('o$, ca&as(ral, $a(ural'?a('o$ a$& '$sol.e$c+ *rocee&'$1s, a$& o(her cases $o( here'$ *ro.'&e& for, e-ce*( #+ a$alo1+ or '$ a su**le(or+ charac(er a$& %he$e.er *rac('ca#le a$& co$.e$'e$(" 2R1=0a3 &he Rules of Court do not apply to certain proceedin#s in court. A #ood exa ple is Section 2 these rules shall apply in all the courts except as otherwise provided by the SC. ;% 9hat court proceedin#s where the Rules of Court are not applicable2 A% *lection cases, land re#istration cases, cadastral cases, naturali,ation cases, insolvency proceedin#s, and other cases not herein provided for except by analo#y of for suppletory purposes. 0n these cases, the Rules of Court are suppletory in character. 0n case of conflict between election law and the Rules of Court, for#et the Rules of Court. But when the *lection Code is silent, you apply the Rules of Court by analo#y or for suppletory purposes. &here are so e election cases which fall within the Furisdiction of the courts, not necessarily C7"*)*C. $or exa ple, violation of election code where the party ay be adFud#ed to #o to Fail. &hat is a cri inal case. &hat is #overned by the rules on cri inal procedure. 0t is ore on i prison ent. !ec" @" Commencement of an action" > A c'.'l ac('o$ 's co//e$ce& #+ (he f'l'$1 of (he or'1'$al co/*la'$( '$ cour(" f a$ a&&'('o$al &efe$&a$( 's '/*lea&e& '$ a la(er *lea&'$1, (he ac('o$ 's co//e$ce& %'(h re1ar& (o h'/ o$ (he &a(e of (he f'l'$1 of such la(er *lea&'$1, 'rres*ec('.e of %he(her (he /o('o$ for '(s a&/'ss'o$, 'f $ecessar+, 's &e$'e& #+ (he cour(" 2Aa3 ;% 9hen is a court action dee ed co enced2 A% A civil action is co enced by the filin# of the ori#inal co plaint in court. 7f course this is not really co plete. &he filin# of the ori#inal co plaint in court ust be acco panied by the pay ent of the correct doc1et fee. A co plaint is not dee ed filed until the doc1et fee is paid. &his is i portant to deter ine the exact date that the action has co enced because it is fro that o ent that the runnin# of the prescriptive period is interrupted.

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1997 Rules on Civil Procedure 2001 Edition < DRAFT COPY; Please check for errors >

Rule 01 General Provisions

&he second sentence of Section E states that, (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*& *xa ple% &oday <.ove ber 14, 1445?, 0 filed a co plaint a#ainst A. So, the action is co enced on .ov. 14, 1445. 3owever next onth, say, @ece ber 14, if there is an additional defendant, the date of the co ence ent of the action with re#ards to the additional defendant is not the date when the ori#inal action is filed, but on the date when he was included in the a ended pleadin#. )ast section. 3ow do you interpret or construe the Rules of Court2 !ec" A" Construction" > These Rules shall #e l'#erall+ co$s(rue& '$ or&er (o *ro/o(e (he'r o#5ec('.e of secur'$1 a 5us(, s*ee&+ a$& '$e-*e$s'.e &'s*os'('o$ of e.er+ ac('o$ a$& *rocee&'$1" 2)a3 So, the Rules of Court shall be interpreted liberally in order to pro ote their obFect which is to pro ote their obFective of securin# a Fust, speedy and inexpensive disposition of every action and proceedin#. &he purpose of 6rocedural )aw is to hasten liti#ation. So you do not interpret it to prolon# a case. &hat is based on the principle of liberal construction. Accordin# to the SC in one case co entin# on this% DE G6B7AN vs. !AND GAN4AYAN 2ED SCRA 151, +en banc, 3*)@% &he Rules of Court was conceived and pro ul#ated to set forth #uidelines in the dispensation of Fustice but not to bind and chain the hand that dispenses it, for otherwise, courts will be ere slaves to or robots of technical rules, shorn of Fudicial discretion. &hat is precisely why courts in renderin# real Fustice have always been, as they in fact ou#ht to be, conscientiously #uided by the nor that when on the balance, technicalities ta1e a bac1seat a#ainst substantive ri#hts, and not the other way around. &ruly then, technicalities, should #ive way to the realities of the situation.! So, the purpose of procedure is to help the hand that dispenses Fustice and not to tie these hands. 7therwise, the courts will beco e ere robots. And, as uch as possible, courts should avoid technicalities. &o #ive way to the realities of the situation. 0n one case, )awsuits, unli1e duels, are not to be won by a rapier/s thrust.! <Alon,o vs. :illa or, 1D 6hil. -1E? 3indi yan espadahan na an# unan# a#sa1sa1, dao#. &hat is not the concept of liti#ation. (ou do not lie in a bush. &hat/s another pronounce ent. &hat/s why the SC said in another case% !ANTO! vs. CO6RT OF APPEAL! 14L SCRA LID 3*)@% 6rocedural rules are not intended to ha per liti#ants or co plicate liti#ation but, indeed, to provide for a syste under which suitors ay be heard in the correct for and anner and at the prescribed ti e in a peaceful confrontation before a Fud#e whose authority they ac1nowled#e. &he other alternative is the settle ent of their conflict throu#h the barrel of a #un.!

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1997 Rules on Civil Procedure 2001 Edition < DRAFT COPY; Please check for errors >

Rule 01 General Provisions

"eanin#, the purpose of the rules is for people to fi#ht each other in a civili,ed way. 0f you cannot accept the Fudicial syste , what is your alternative2 &he only alternative is to shoot your opponent. 9e will settle our conflict throu#h the barrel of a #un. Barilan na lan# tayo. So if you do not accept the syste of Fustice, that is your alternative. $or all its shortco in#s and its defects, the Fudicial syste your opponent. BAR ;'*S&07.% 9hen A% 0n the case of is still the civili,ed way of dealin# with

ay lapses in the literal observance in the Rules of Court be excused2 ET:EL CA!E, ET AL vs. FERNANDO ;6GO, ET AL 55 6hil. E2-

3*)@% )apses in the literal observance of a rule of procedure will be overloo1ed% 1.? when they do not involved public policyJ 2.? when they arose fro an honest ista1e or unforeseen accidentJ -.? when they have not preFudiced the adverse partyJ and +.? when they have not deprived the court of its authority. 7ne final note, while it is true that the Rules of Court should be liberally construed as a #eneral rule, there are certain provision which accordin# to the SC, should be strictly construed because they were intended precisely to ini i,e delay. A #ood exa ple would be provisions which prescribe the ti e durin# which certain acts are #oin# to be done, li1e the filin# of an answer, because if you will disre#ard this, it will pro ote ore delay rather than expedite liti#ations. Another exa ple is the filin# of a notice of appeal. 3indi o pweden# palitan yan. &hese are the provisions which are to be strictly construed because while it is true that the Rules of 6rocedure are to be liberally construed, it is not a license to co pletely i#nore these rules. *ven the SC ade the warnin#. )i1e in the cases of ANTON O vs. CO6RT OF APPEAL! 1D5 SCRA 125 3*)@% 0t is the co on practice of liti#ants who have no excuse for not observin# the procedural rules to ini i,e the sa e as ere technicalities. &hen they cry for due process. &hese procedural rules are in fact intended to ensure an orderly ad inistration of Fustice precisely to #uarantee the enFoy ent of substantive ri#hts.! L 7POT vs. CO6RT OF APPEAL! 15I SCRA -D5 3*)@% 6rocedural rules are not be belittled or dis issed si ply because their nonG observance ay have resulted in preFudice to a partyQs substantive ri#hts, as in this case. )i1e all rules, they are reHuired to be followed except only when for the ost persuasive of reasons they ay be relaxed to relaxed to relieve a liti#ant of an inFustice not co ensurate with the de#ree of his thou#htlessness in not co plyin# with the procedure prescribed. 61

1997 Rules on Civil Procedure 2001 Edition < DRAFT COPY; Please check for errors >

Rule 01 General Provisions

9hile it is true that a liti#ation is not a #a e of technicalities, this does not ean that the Rules of Court ay be i#nored at will and at rando to the preFudice of the orderly presentation and assess ent of the issues and their Fust resolution.! &his re inds e of a lawyer who did not co ply with the rules and he was ar#uin# that the rules should be liberally construed. And then the Fud#e says% &here is a thin line between liberal construction of the rules and #ross i#norance of the rulesO! (aanO 0t is either you did not follow the rules strictly or you do not really 1now the rules.

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