Monday, January 17, 2022

OVERVIEW OF THE SOURCES OF RULES ON CIVIL PROCEDURE

For ordinary civil actions, our main source of rules is the Revised Rules of Court with 2019 Amendments, from Rule 1 (General Provisions) to 71 (Contempt as a special civil action). 

Kindly refer to the Revised Model Curriculum of the Basic Law Program of the Legal Education Board (LEB Memorandum Order No. 24, S. 2021) in which the subjects Civil Procedure 1 and Civil Procedure 2 are described as follows:

Civil Procedure I (3 units)

A study on the interplay of procedural laws in the resolution of civil disputes, with an in-depth focus on the jurisdiction in civil actions, Rules 1 to 39 of the 1997 Rules of Court as amended, and small claims. The course also includes a discussion of appropriate modes of dispute resolution such as mediation, barangay conciliation, and the like. The study of the rules is supplemented by a study of applicable jurisprudence. The course also develops familiarity with relevant legal forms. There is no prerequisite course.

Civil Procedure II (3 units)

A study on the interplay of procedural laws in the resolution of civil disputes, with an in-depth focus on Rules 40 to 71 of the 1997 Rules of Court as amended, including Provisional Remedies. The study of the rules is supplemented by a study of applicable jurisprudence. The course also develops familiarity with relevant legal forms. Prerequisite: Civil Procedure I

Other sources of civil procedure are:

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