Rules of Court
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The rules concerning the protection and enforcement of constitutional rights, pleading, practice and procedure in all courts, the admission to the practice of law, the Integrated Bar, and legal assistance to the underprivileged have been issued by the Supreme Court pursuant to the provisions of Section 5(5) of Article VIII of the Constitution. These rules shall be known and cited as the Rules of Court. The Rules of Court, promulgated by authority of law, have the force and effect of law.
Procedural laws are construed to be applicable to actions pending and undetermined at the time of their passage, and are deemed retroactive in that sense and to that extent. Procedural laws do not fall under the general rule against retroactive operation of statutes. Further, the retroactive application of procedural laws does not violate any personal rights because no vested right has yet attached or arisen from them.
In what courts applicable
In what cases not applicable
The Rules of Court shall not apply to election cases, land registration, cadastral, naturalization and insolvency proceedings, and other cases not herein provided for, except by analogy or in a suppletory character and whenever practicable and convenient.
Construction of the Rules of Court
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.
- ↑ Rules of Court, Rule 1, Sec. 1
- ↑ Miranda vs. Guanzon, G.R. No. L-4992, 27 October 1952, citing Shioji vs. Harvey, 43 Phil., 333
- ↑ Divinagracia vs. Ruiz, G.R. No. 172023, 7 July 2010
- ↑ Divinagracia vs. Ruiz, G.R. No. 172023, 7 July 2010, citing Republic of the Philippines v. Court of Appeals, 447 Phil. 385, 393 (2003)
- ↑ Divinagracia vs. Ruiz, G.R. No. 172023, 7 July 2010, citing Padua vs. Court of Appeals, G.R. No. 152150, 10 December 2008, 573 SCRA 383, 388
- ↑ Rules of Court, Rule 1, Sec. 2
- ↑ Rules of Court, Rule 1, Sec. 3
- ↑ Rules of Court, Rule 1, Sec. 4
- ↑ Rules of Court, Rule 1, Sec. 6