a2016 civ pro midterms reviewer.pdf

LAW 125 A2016

CIVIL PROCEDURE PROF. VICTOR ELEAZAR

Norlegen Bayona Dianne Irish Cadorna

Diane Jane Dolot

Contributors: Roby Cruz

Michael De Castro Apo Espaola Justin Ordoyo

Laurie Quiambao Nasha Reyes

I. GENERAL PRINCIPLES

a. Bayona/Cadorna/Dolot b. 2 c. Civ Pro

Eleazar

d. A2016

A. CONCEPT OF REMEDIAL LAW - Remedial law is that branch of law which

prescribes the method of enforcing rights or

obtaining redress for their invasion (Bustos vs.

Lucero, 81 Phil. 640).

- It is also known as Adjective Law

B. SUBSTANTIVE LAW AS DISTINGUISHED

FROM REMEDIAL LAW SUBSTANTIVE LAW REMEDIAL LAW

It creates, defines, and

regulates rights concerning

life, liberty, or property, or

the power of agencies or

instrumentalities for the

administration of public

affairs

Method of enforcing those

rights and obligations

created by substantive law

by providing a procedural

system for obtaining

redress for invasion of

rights and violations of

duties and by laying out

rules as to how suits are

filed, tried, and decided

upon by the courts.

It makes vested rights

possible.

No vested rights

Prospective in application Governs acts which took

place

Cannot be enacted by SC SC is empowered to

promulgate procedural

rules

C. RULE-MAKING POWER OF THE SUPREME

COURT Source of rule-making power: CONSTITUTION

Sec. 5(5), Art. VIII, of the 1987 Constitution provides that the SC shall have the power to:

a. promulgate rules concerning the protection and enforcement of constitutional rights, pleading, practice,

and procedure in all courts;

The Court has the sole prerogative* to amend, repeal, or

even establish new rules for a more simplified and

inexpensive process, and the speedy disposition of cases

[Neypes v CA] *this power was shared with Congress before 1987 Constitution

1. LIMITATIONS ON THE RULE-MAKING POWER OF SC

- Limits provided by the Constitution: a. Rules shall provide a simplified and inexpensive

procedure for the speedy disposition of cases

b. Rules shall be uniform for courts of the same grade c. Rules shall not diminish, increase, or modify

substantive rights

2. POWER OF THE SC TO AMEND AND SUSPEND PROCEDURAL RULES

- Power to amend and suspend includes power to reverse itself

The constitutional power of SC to promulgate, amend or

repeal rules of practice and procedure necessarily carries with it the power to overturn judicial precedents

on point of remedial law through the amendment of the ROC. (Pinga v Heirs of Santiago)

- When compelling reasons so warrant or when the purpose of justice requires it, the SC may amend and

suspend procedural rules. It is discretionary upon

courts. (CIR v Mirant Pagbilao)

- Reasons that would warrant the suspension: a. The existence of special or compelling

circumstances;

b. Merits of the case; c. Cause not entirely attributable to the fault or

negligence of the party favored by the suspension

of rules

d. A lack of showing that the review sought is merely frivolous and dilatory;

e. The other party will not be unjustly prejudiced thereby. (Sarmiento v Zaratan)

- Other reasons a. Where substantial and important issues await

resolution. (CIR v Mirant)

b. When transcendental matters of life, liberty or state security are involved. (Mindanao Savings Loan Asso. v.

Vicenta Vda. De Flores)

c. POWER TO SUSPEND PROCEDURAL RULES

Rule on liberal construction

a. Concept o rigid application of Rules may be relaxed

so that the ends of justice may be better

served (Cruz v CA)

o Strict compliance is the general rule, liberal construction is the exception

(Pilapil v Heirs of Briones)

b. Purpose o achieve disposition of every action in a

manner that is JUST, SPEEDY, and

INEXPENSIVE.

c. Limit o not for convenience of a party (Abrenica V

Law firm of ATT); mere invocation of

substantial justice is NOT a magical

incantation that will automatically compel

the Court to suspend procedural rules.

(Cu-unjieng v CA)

d. When applied: o clear showing of prima facie merit of

petition (Munoz v People)

o where rigid application will result in manifest failure or miscarriage of justice

o where interest of substantial justice will be served

Bayona/Cadorna/Dolot 3 Civ Pro -Eleazar A2016

o where the resolution of the motion is addressed solely to the sound and

judicious discretion of court

o where injustice to the adverse party is not commensurate to degree of his

thoughtlessness in not complying with the

procedure prescribed (Vette Industrial

Sales v Cheng)

e. RETROACTIVITY OF PROCEDURAL RULES

General Rule: prospective; no retroactive effect

Exception: may be made applicable to actions pending

and undetermined at time of their passage [not

violative because there are no vested rights in ruled of

procedure]

Exception to the exception: Procedural rules do not

apply to pending actions

a. statute itself or by necessary implication provides that pending actions are excepted from its

operation

b. if applying the rule to pending proceedings would impair vested rights

c. when to do so would not be feasible or would work injustice

d. if doing so would intricate problems of due process or impair the independence of the courts (Tan v

CA)

f. BASIC PRINCIPLES IN JURISDICTION

JURISDICTION VENUE

The authority to hear and

determine a case

The place where the case is

to be heard or tried

A matter of substantive law A matter of procedural law

Establishes a relation

between the court and the

subject matter

Establishes a relation

between parties: plaintiff

and defendant, or

petitioner and respondent

Fixed by law and cannot be

conferred by the parties

May be conferred by the

act or agreement of the

parties

a. PRINCIPLE OF THE EXERCISE OF EQUITY

JURISDICTION

Concept: power of court to resolve issues presented in a

case in accordance with the natural rules of fairness and

justice in the ABSENCE OF A CLEAR, POSITIVE LAW

governing such issues. Equity seeks to reach and to do complete justice where the courts of law are incompetent to do so because of the

inflexibility of the rules and the lack of power to adapt their judgments to the special circumstance of cases. Equity

regards the spirit of the law and not its letter, the intent and not the form, the substance rather than the circumstance. (Air

Manila v CIR)

b. ELEMENTS OF JURISDICTION

OVER THE

SUBJECT MATTER

OVER THE PARTIES OVER THE RES

conferred by law (BP 129)

Plaintiff: filing of the initiatory pleading,

like a complaint

Defendant: a. proper service of

summons, OR b. voluntary

appearance in court and his

submission to the authority of

the court

a. seizure of the thing under

legal process whereby it is

brought into actual custody

of law; OR b. institution of a

legal proceeding

wherein the power of the

court over the thing is

recognized and made

effective

NOT waivable,

except in cases of estoppel to

question or raise jurisdiction

(Tijam vs. Sibonghanoy)*

May be waived

It is determined

upon the allegations made

in the complaint.

*doctrine of laches or stale demands in Tijam is the exception to the principle of estoppel as a defense to a jurisdictional error. In Calimlim v.

Ramirez, the SC observed that Tijam was developing into a general rule

rather than as an exception. Thus, in Calimlim, the SC refused to apply

Tijam.

c. CLASSES OF JURISDICTION

GENERAL JURISDICTION SPECIAL JURISDICTION

power to adjudicate all

controversies except those

expressly withheld from the

plenary powers of the court

restricts the courts jurisdiction only to

particular cases and

subject to such limitations

as may be provided by the

governing law

ORIGINAL APPELLATE

power of the court to take

judicial cognizance of a

case instituted for judicial

action for the first time

under conditions provided

by law

authority of a court higher

in rank to re-examine the

final order or judgment of a

lower court which tried the

case now elevated for

judicial review


EXCLUSIVE CONCURRENT/CONFLUENT/C

OORDINATE

power to adjudicate a case

or proceeding to the

exclusion of all other courts

at that stage.

power conferred upon

different courts, whether of

the same or different ranks,

to take cognizance at the

same stage of the same case

in the same or different

judicial territories.*

*concurrent jurisdiction is subject to hierarchy of courts (e.g. SC, CA and RTC has concurrent jurisdiction to writ of mandamus but

one may not go directly to SC unless for special and important reasons)

D. NATURE OF PHILIPPINE COURTS 1. MEANING OF A COURT

- an organ of government belonging to the judicial

department the function of which is the application of the

laws to controversies brought before it as well as public

administration of justice (Blacks, 5th Edition, 356)

2. COURT AS DISTINGUISHED FROM A JUDGE

COURT JUDGE

Tribunal officially

assembled under authority

of law

Officer of tribunal

Being in imagination like a

corporation

Physical person

An office Public officer

Jurisdiction does not attach to the judge but to the court.

Thus, continuity of a court and efficacy of proceedings are

not affected by death or resignation of the judge presiding

over it. (ABC Davao v CA)

3. CLASSIFICATION OF PHILIPPINE COURTS

A.) FIRST LEVEL (MTCs, MeTCs, MCTCs) which try and decide: 1. Criminal actions involving:

a) Violations of city or municipal ordinances committed within their respective territorial jurisdiction; and

b) Offenses punishable with imprisonment not exceeding six (6) years irrespective of the amount of

fine and regardless of other imposable accessory or

other penalties, and

2. Civil actions including: a) Ejectment Cases (Feud) b) Recovery of personal property with a value

not exceeding P300,000 outside Metro

Manila (MM) or not exceeding P400,000

in MM

B.) SECOND LEVEL (RTCs, Family Courts) 1. Courts of general jurisdiction

a) Actions incapable of pecuniary estimation b) Actions involving title to or possession of

real property where the assessed value of

the property exceeds P20,000 outside

MM or exceeds P50,000 in MM

c) Where the demand exclusive of interest, damages of whatever kind, attorneys fees, litigation expenses, and cost, or the

value of the personal property or

controversy exceeds P300,000 outside

MM or exceeds P400,000 in MM

2. Exercise appellate jurisdiction

C.) THIRD LEVEL (CA, Sandiganbayan) 1. CA is an appellate court

a) Reviewing cases appealed to it from the RTC on questions of fact or mixed

questions of fact and law

b) Decisions of the RTC in the exercise of its original jurisdiction

a. As a matter of right b. As a matter of discretion

c) Occasionally, CA may act as a trial court, as in actions praying for the annulment of

final and executory judgments of RTCs on

the ground of extrinsic fraud subsequently

discovered, against which no other

remedies lies

2. Sandiganbayan has jurisdiction: a) Over all criminal cases involving:

a. Graft and corrupt practices act b. Such other offenses committed by public

officers and employees including those in

GOCCs in relation to their office

b) It also has exclusive appellate jurisdiction over final judgments, resolutions, or

orders of RTCs whether in the exercise of

their own original or appellate jurisdiction

over criminal and civil cases committed by

public officers or employees including

those in GOCCs in relation to their office

D.) FOURTH LEVEL SC

4. COURTS OF ORIGINAL AND APPELLATE

JURISDICTION ORIGINAL APPELLATE

MeTC, MCTC,

MTC

see jurisdiction

RTC see jurisdiction cases from MTC

CA

issuance of writs of certiorari,

mandamus, quo

warranto, habeas

corpus, and

prohibition; actions

for annulment of

judgments of RTCs

cases from RTC and specified

quasi-judicial

agencies

SC

cases affecting ambassadors,

public ministers

and consuls, and in

cases involving

petitions for

certiorari,

prohibition and

mandamus

all cases *SC en banc not an

appellate court for

SC divisions


5. COURTS OF GENERAL AND SPECIAL JURISDICTION* [SUPRA]

6. CONSTITUTIONAL AND STATUTORY COURTS CONSTITUTIONAL STATUTORY

created by a direct

Constitutional provision i.e

Supreme Court

Created by a law other than

the Constitution* i.e all

courts except SC

*Sandiganbayan is not a Constitutional court, created by PD 1486

7. COURTS OF LAW AND EQUITY - Philippine courts are both courts of law and equity

COURT OF LAW COURT OF EQUITY

decides a case according

to the existing laws

adjudicates according to

the common precepts of

what is right and just

without inquiring into the

terms of the statutes

8. PRINCIPLE OF JUDICIAL HIERARCHY

Concept: ordained sequence of recourse to courts vested

with concurrent jurisdiction, beginning from the lowest, on

to the next highest and ultimately to the highest. This

hierarchy is determinative of the venue of appeals, and is

likewise determinative of the proper forum for petitions for

extraordinary writs. This is an established policy necessary

to avoid inordinate demands upon the Courts time and attention which are better devoted to those matters within

its exclusive jurisdiction, and to preclude the further

clogging of the Courts docket (Sec. 9[1], BP 129; Sec. 5[1], Art. VIII, Constitution of the Philippines)

Rationale:

1. it would be an imposition upon the limited time of the Court

2. it would inevitably result in a delay in adjudication of case

Exception: if warranted by nature and importance of issues

raised

1. in the interest of speedy justice, and 2. to avoid future litigations

9. DOCTRINE OF NON-INTERFERENCE OR

DOCTRINE OF JUDICIAL STABILITY

Concept: courts of equal and coordinate jurisdiction cannot

interfere with each others orders (Lapu-lapu Development v Group Management Corp). This bars a court from

reviewing or interfering with the judgment of a co-equal

court over which it has no appellate jurisdiction (Villamor v

Salas).

10. DOCTRINE OF NON-INTERFERENCE IN

ASSOCIATIONS

Concept: same as above; when law provides for an appeal

from decision of an admin body to SC or CA, it means that

such body is co-equal with RTC thus beyond the control of

the latter (Philippine Sinter v Cagayan Electric)

II. JURISDICTION

a. Bayona/Cadorna/Dolot b. 6 c. Civ Pro

Eleazar

d. A2016

A. JURISDICTION OVER PARTIES

1. HOW JURISDICTION OVER PLAINTIFF IS ACQUIRED

- By filing the complaint/petition. (Herrera)

2. HOW JURISDICTION OVER THE DEFENDANT IS ACQUIRED

- THERE ARE 3 WAYS: (1) SERVICE OF SUMMONS (2) OTHER COERCIVE PROCESS (3) VOLUNTARY SUBMISSION TO THE AUTHORITY OF THE CT

Note: Within the interval between the filing of the

complaint up to the service of summons, acts of the

plaintiff and the court are unquestionably valid. E.g.

appoint guardian ad litem, plaintiff as pauper litigant,

amendment as a matter of right, authorization of the

court of service of summons by publication, dismissal

of the action by plaintiff by mere notice.

3. COMPARE WITH CRIMINAL PROCEDURE

Cf. Defendant in a criminal case

(1) Service of summons (2) Arrest (3) Voluntary appearance

B. JURISDICTION OVER SUBJECT MATTER 1. MEANING OF JURISDICTION OVER THE

SUBJECT MATTER

Concept: It is the power and authority of a court to

hear, try and decide a case. Jurisdiction over the

subject matter is conferred only by the Constitution or

by law. It cannot be fixed by the will of the parties nor

by their act or omission or by the acquiescence of the

Court.

Exception: Estoppel by laches. (Tijam v Sibonghanoy)

2. JURISDICTION VERSUS THE EXERCISE OF JURISDICTION

ASPECT JURISDICTION

EXERCISE OF JURISDICTION

Pertains

to

Authority Decision

rendered

If there is

an error

There is no

jurisdiction

The decision is

erroneous, but

made with

jurisdiction

Effect of

error

Judgment

absolutely void;

Correctible by

appeal

certiorari

Governed

by

Substantive law Rules of Court,

SC Orders;

Except: if the law

itself provides

therefor

3. ERROR OF JURISDICTION AS DISTINGUISHED FROM ERROR OF JUDGMENT

See previous table.

An erroneous judgment is not void and treated as valid

and enforceable. (Mercado v CA)

An error of jurisdiction leads to an absolutely void

decision.

4. HOW JURISDICTION IS CONFERRED AND DETERMINED

Jurisdiction is conferred by law or the Constitution.

Further, jurisdiction is determined by the allegations in

the complaint.

What determines jurisdiction:

proven facts alleged facts

5. DOCTRINE OF PRIMARY JURISDICTION If the determination of a case requires the expertise,

specialized skills and knowledge of the proper

administrative body because technical matters or

intricate questions of fact are involved, THEREFORE

relief must first be obtained from the administrative

agency before the court can provide a remedy even if

the Court has jurisdiction.

Rule, parsed:

IF (1) Claim is originally cognizable by the court

+

(2) Enforcement of the claim requires the

resolution of issues within the special competence

of an admin. body

= Judicial process is suspended AND issues are

referred to the admin. body

Cf. Doctrine of Exhaustion of Administrative Remedies

ASPECT PRIMARY JURISDICTION

EXHAUSTION OF REMEDIES

Process Court 1st, then AA AA 1st before Ct;

Plaintiff must

pursue admin

proceeding to its

logical conclusion

Effect Suspended Dismissed

III. Civil Procedure


6. DOCTRINE OF ADHERENCE OF JURISDICTION

General Rule: Jurisdiction, once attached, cannot be

ousted.

Except:

a) Statute expressly prohibits continued exercise of jurisdiction.

b) When a subsequent law provides a prohibition for the continued exercise of jurisdiction

[Rilloraza vs. Arciaga].

c) Where the law penalizing an act which is punishable is repealed by a subsequent law.

Why? State loses the power to prosecute when

the law is repealed, hence, the court has no

more power to decide [People vs. Pastor,].

d) When accused is deprived of his constitutional right such as where the court fails to provide

counsel for the accused who is unable to

obtain one and does not intelligently waive his

constitutional right [Chavez vs. CA]

e) When the proceedings in the court acquiring jurisdiction is terminated, abandoned or

declared void [Seven vs. Pichay].

f) When the statute expressly provides, or is construed to the effect that it intended to

operate as to actions pending before its

enactment [Bengzon vs. Inciong].

g) Once appeal has been perfected [Alma vs. Abbas].

h) When the law is curative [Garcia vs. Martinez]

7. OBJECTIONS TO JURISDICTION OVER THE SUBJECT MATTER

General Rule: Objections to jurisdiction over the

SM may be raised at any point in the proceedings

even for the first time on appeal.

Reason: If the court did not have juris. over SM, the

decision is absolutely void and may be challenged

any time.

8. EFFECT OF ESTOPPEL ON OBJECTIONS TO JURISDICTION

Except: Estoppel by laches. (Tijam v Sibonghanoy)

C. JURISDICTION OVER THE ISSUES

Over the issue: determined by the allegations in the

pleading.

Cf. Over the Subject Matter: conferred by law.

D. JURISDICTION OVER THE RES

How acquired: Property must be within the territorial

dominion of a Court.

E. JURISDICTION OF COURTS 1. SUPREME COURT 2. COURT OF APPEALS

(a) Original jurisdiction to issue writs of CPMQHA (certiorari, prohibition,

mandamus, quo warranto including

habeas corpus and auxiliary writs)

(b) Exclusive and original jurisdiction over actions for annulment of judgments of

RTC

(c) Exclusive appellate jurisdiction over all final judgments, decisions, resolutions,

orders, awards of RTC and admin

agencies

3. COURT OF TAX APPEALS (a) Original and Appellate jurisdiction over Civil

and criminal tax cases involving

a. National Internal Revenue Code b. Tariff and Customs Code c. Local Govt Assessment Code

(b) Appellate Jurisdiction wrt a. BIR decisions, inaction b. RTC decisions involving local taxe

cases

c. Decisions of the Commissioner of Customs

4. SANDIGANBAYAN a. Original Jurisdiction, 2 Elements:

i. Subject matter: RA 3019, RA 1379, RPC Chapter on Public

Officers

ii. Position: SG 27 or higher b. Appellate Jurisdiction if RTC has original

jurisdiction

5. REGIONAL TRIAL COURTS a. All civil actions in which the subject of the

litigation is incapable of pecuniary

estimation

b. All civil actions involving title to or possession of real property

i. Assessed value > P20k outside MM ii. Assessed value > P50k w/in MM iii. Except: Forcible entry, Unlawful

detainer

c. All actions in admirality and maritime jurisdiction

i. Demand or claim > P300k outside MM ii. Demand or claim > P400k w/in MM

d. All actions involving i. Contract of marriage



ii. Marital relations e. All cases not within the exclusive

jurisdiction of any Court, tribunal, person

or body

f. All civil actions and special proceedings falling within the exclusive original

jurisdiction of i. Juvenile and Domestic Relations

Courts

ii. Courts of Agrarian Relations

g. All matters of probate i. Gross value of estate > P300k

outside

ii. Gross value of estate > P400k MM

h. All other cases where i. Demand or value > P300k outside ii. Demand or value > P400k MM iii. Note: Exclusive of interest, damages,

attorneys fees, litigation expenses, costs

6. FAMILY COURTS 1. Petitions for guardianship, custody of children,

habeas corpus in relation to the latter;

2. Petitions for adoption of children and the revocation thereof;

3. Complaints for annulment of marriage, declaration of nullity of marriage and those

relating to marital status and property

relations of husband and wife or those living

together under different status and

agreements, and petitions for dissolution of

conjugal partnership of gains;

4. Petitions for support and/or acknowledgment; 5. Summary judicial proceedings brought under

the provisions of Executive Order No. 209,

otherwise known as the Family Code of the Philippines;

6. Petitions for declaration of status of children as abandoned, dependent of neglected

children, petitions for voluntary or involuntary

commitment of children; the suspension,

termination, or restoration of parental

authority and other cases cognizable under

Presidential Decree No. 603, Executive Order

No. 56, (Series of 1986), and other related

laws;

7. Petitions for the constitution of the family home;

7. METROPOLITAN TRIAL COURTS/MUNICIPAL TRIAL COURTS

a. Exclusive and original jurisdiction over civil actions and probate proceedings

i. Value P300k outside ii. Value P400k MM iii. Note: If there are several claims,

apply totality rule (just add em all)

b. Exclusive and original jurisdiction over FE + UD (ejectment cases)

c. Exclusive and original jurisdiction in all civil actions which involve title to or

possession of real property or any interest

therein

i. Assessed value P20k outside ii. Assessed value P50k MM iii. Note: Exclusive of damages,

interest, etc.

iv. Note: If not declared for taxation purposes, then the assessed

value of the adjacent lots may be

considered

d. The Supreme Court may assign the ff cases to the MTCs

i. Cadastral ii. Land registration cases iii. Note: limited to original cases

8. SHARIAH COURTS Article 137 of PD 1083 states that the Sharia courts are created as part of the judicial system

and are courts of limited jurisdiction.

F. JURISDICTION OVER SMALL CLAIMS, CASES COVERED BY THE RULES ON SUMMARY PROCEDURE AND BARANGAY CONCILIATION

1. SMALL CLAIMS COURT

Scope:

a. Action before MTC, MCTC, MTCC b. money claim = does not exceed P100, 000.00

exclusive of interest and costs

Applicability:

a. purely civil in nature where the claim or relief prayed for by the plaintiff is solely for payment

or reimbursement of sum of money, and

b. the civil aspect of criminal actions, either filed before the institution of the criminal action, or

reserved upon the filing of the criminal action

in court, pursuant to Rule 111, RROC.

These claims or demands may be:

a. For money owed under any of the following: 1. Contract of Lease; 2. Contract of Sale; 3. Contract of Loan; 4. Contract of Mortgage 5. Contract of Services;

b. For damages arising from any of the following: 1. Fault or negligence; 2. Quasi-contract; or 3. Contract;

c. The enforcement of a barangay amicable settlement or an arbitration award involving a



money claim covered by this Rule pursuant to

Sec. 417.

1. RULES ON SUMMARY PROCEDURE

a. All cases of forcible entry and unlawful detainer irrespective of the

amount of damages or unpaid rentals

sought to be recovered. Where

attorneys fees are awarded, the same shall not exceed P20,000.00.

b. All other cases, except probate proceedings, where the total amount

of the plaintiffs claim does not exceed P100,000.00 or P200,000.00

in MeTC, exclusive of interest and

costs.

2. BARANGAY CONCILIATION [Adm. Circular No. 14-93]

General Rule: Barangay conciliation is a pre-condition

for all disputes before filing a complaint in court or any

govt offices Exceptions: 1. Where one party is the government, or any subdivision or

instrumentality thereof; 2. Where one party is a public officer or employee and the

dispute relates to the performance of his official functions; 3. Where the dispute involves real properties located in

different cities and municipalities, unless the parties thereto agree to submit their difference to amicable settlement by an

appropriate Lupon;

4. Any complaint by or against corporations, partnerships or juridical entities, since only individuals shall be parties to

Barangay conciliation proceedings either as complainants or respondents [Sec. 1, Rule VI, Katarungang Pambarangay

Rules]; 5. Disputes involving parties who actually reside in barangays

of different cities or municipalities, except where such barangay units adjoin each other and the parties thereto

agree to submit their differences to amicable settlement by an appropriate Lupon;

6. Offenses for which the law prescribes a maximum penalty of imprisonment exceeding one [1] year or a fine of over five

thousand pesos (P5,000.00); 7. Offenses where there is no private offended party;

8. Disputes where urgent legal action is necessary to prevent injustice from being committed or further continued,

specifically the following: a. Criminal cases where accused is under police

custody or detention 3. Petitions for habeas corpus by a person illegally

deprived of his rightful custody over another or a person illegally deprived of or on acting in his

behalf; 4. Actions coupled with provisional remedies such as

preliminary injunction, attachment, delivery of personal property and support during the pendency

of the action; and 5. Actions which may be barred by the Statute of

Limitations.

9. Any class of disputes which the President may determine

in the interest of justice or upon the recommendation of the Secretary of Justice;

10. Where the dispute arises from the Comprehensive Agrarian Reform Law (CARL)

11. Labor disputes or controversies arising from employer-employee relations

12. Actions to annul judgment upon a compromise which may be filed directly in court

G. TOTALITY RULE

Where there are several claims or causes of actions

between the same or different parties, embodied in the

same complaint, the amount of the demand shall be the

totality of the claims in all causes of action, irrespective of

whether the causes of action arose out of the same or

different transaction. (Sec. 33 (1), B.P. No. 129, as

amended)

NOTE: We will follow the totality rule in BP 129 because it is

elementary in statutory construction that in case of conflict,

substantive law prevails over procedural laws.



A. ACTIONS

Actions refer to the legal and formal demand of ones right from another person made and insisted upon in a

court of justice. The determinative operative act which

converts a claim into an action or suit: filing with a court of

justice.

Filing Fees

MANCHESTER RULE SUN INSURANCE CASE

All complaints, petitions,

answers and other similar

pleadings should specify

the amount of damages

being prayed for not only in

the body of the pleading

but also in the prayer, and

said damages shall be

considered in the

assessment of the filing

fees. Any pleading that fails

to comply with this

requirement shall not be

accepted nor admitted, or

shall otherwise be

expunged from the record.

Rule: It is not simply the

filing of the complaint or

appropriate initiatory

pleading but also the

payment of the prescribed

docket fee that vests a trial

court with jurisdiction over

the subject matter or

nature of the action.

Relaxation of rule: Initiatory

pleading not accompanied

by payment of the docket

fee: the court may allow

payment of the fee within a

reasonable time but in no

case beyond the applicable

prescriptive or

reglementary period.

[Applicable to permissive

counterclaims, third party

claims and similar

pleadings]

Summary of rules on docket fees

a. Complaint must be accompanied by the payment of the requisite docket and filing fees.

b. If the complaint is filed but the fees are not paid at the time of filing, the court acquires jurisdiction upon

full payment of the fees within a reasonable time as

the court may grant, barring prescription.

c. Real actions: docket fees = based on value of the property + amount of damages claimed, if any.

Basis of value of property [Rule 141, Sec. 7 (a),]:

1) fair market value of the real property in litigation stated in the current tax

declaration, OR current zonal valuation of the

BIR, whichever is higher, or if there is none,

2) stated value of the property in litigation OR the value of the personal property in

litigation as alleged by the claimant.

d. Where the fees prescribed for the real action have been paid but the fees of certain related damages

are not, the court, although having jurisdiction over

the real action, may not have acquired jurisdiction

over the accompanying claim for damages.

e. Accordingly, the court may expunge those claims for damages, or allow, on motion, a reasonable time for

amendment of the complaint so as to allege the

precise amount of damages and accept payment of

the requisite legal fees.

f. If there are unspecified claims, the determination of which may arise after the filing of the complaint or

similar pleading, the additional filing fee thereon shall

constitute a lien on the judgment award. The same

rule also applies to third-party claims and other

similar pleadings. [Ballatan v. Court of Appeals]

Can the Courts grant to foundations who work for indigent and underprivileged people, the

same option granted to indigent people?

No. Only a natural party litigant may be regarded as an

indigent litigant. [Query of Mr. Roger C. Prioreschi re: exemption from legal and filing fees of the Good

Shepherd Foundation Inc., A.M. No. 09-6-9-SC, August

19, 2009 Resolution]

Can you file a pay docket fees by registered mail?

Yes. [Sec. 3 of Rule 13]

Commencement of Action

When is an action commenced?

A civil action is commenced by the filing of the original

complaint

Can you file a complaint or petition by registered mail?

An action can be commenced by filing the complaint by

registered mail. In which case, it is the date of mailing

that is considered as the date of filing and not the date of

the receipt thereof by the clerk of court. [Sec. 3 of Rule

13]

1. MEANING OF ORDINARY CIVIL ACTIONS Sec. 3, Rule 1 (General Provisions)

Sec.3 Cases governed. These Rules shall govern the procedure to be observed in actions, civil or criminal and

special proceedings.

A. 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,

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.

B. A criminal action is one by which the State prosecutes a person for an act or omission

punishable by law.



C. A special proceeding is a remedy by which a party seeks to establish a status, a right, or a

particular fact.

2. MEANING OF SPECIAL CIVIL ACTIONS It is also civil action and governed by the rules for ordinary

action but because of its peculiar nature, it is subject to the

specific rules prescribed for them, particularly Rule 62 to

Rule 71, depending on the special civil action involved. - The ff. are the special civil actions in ROC:

a. Interpleader b. Declaratory relief and similar remedies c. Review of judgments and final orders or resolutions

of the COMELEC and OCA d. Certiorari, prohibition, and mandamus e. Quo warranto f. Expropriation g. Foreclosure of real estate mortgage h. Partition i. Forcible entry and unlawful detainer j. Contempt

3. MEANING OF CRIMINAL ACTIONS [SEE

SEC.3, RULE 1]

4. CIVIL ACTIONS VERSUS SPECIAL PROCEEDINGS [SEE SEC.3, RULE 1]

- The ff. are the special proceedings in ROC: a. Settlement of estate of deceased persons b. Escheat c. Guardianship and custody of children d. Trustees e. Adoption f. Rescission and revocation of adoption g. Hospitalization of insane persons h. Habeas corpus i. Change of name j. Voluntary dissolution of corporations k. Judicial approval of voluntary recognition of minor

natural children l. Constitution of family home m. Declaration of absence of death

Cancellation or correction of entries in the civil

registry

5. PERSONAL ACTIONS AND REAL ACTIONS

- Significance of the distinction: VENUE

REAL ACTION PERSONAL ACTION MIXED ACTION

subject is the

ownership or

possession of

real property

personal property is

sought to be

recovered or where

damages for breach

of contract are

sought; basically, all

other actions which

are not real

both real and

personal

properties are

involved

founded on

privity of real

estate

founded on privity of

contract

founded on

privity of real

estate and

contract

filed in the court

where the

property or any

part thereof is

situated

filed in the court

where the plaintiff or

any of the

defendants reside at

the option of the

plaintiff

rules on venue

of real actions

shall govern

Not every action involving a real property is a real action,

because the realty may only be incidental to the subject

matter of the suit. What is important is that the matter in

litigation must involve any of the ff. issues: title to,

ownership, possession, partition, foreclosure of mortgage, or any interest in real property.

Key: true nature of the action.

Examples of Real Actions:

BASIC: UD, FE, accion publiciana, accion reinvindicatoria, quieting of title, remove a cloud.

CONTENTIOUS:

a. action to recover possession of real property + damages because possession is involved, and damages is merely incidental

b. involving a fictitious sale of a fishpond there being no contract between the parties, the action cannot

be an action for annulment of sale, but one for recovery of a fishpond

c. action for the recovery of possession of leased premises and for the payment of accrued rentals

Examples of Personal Actions:

BASIC: recovery of personal property, enforcement of a contract, recovery of damages

CONTENTIOUS:

a. specific performance with damages is a personal action as long as it does not involve a claim of or recovery of ownership or of title to real property

b. action for damages to real property c. action to annul a contract of loan and its accessory

real estate mortgage

d. action that seeks to annul the cancellation of the award over a house and lot because it does not involve an issue of ownership/ possession, but the prayer is to compel the recognition of the validity of

a previous award

e. action to compel the mortgagee to accept payment of the mortgage debt and to release the mortgage

6. LOCAL AND TRANSITORY ACTIONS [SEC. 4, RULE 4]

LOCAL TRANSITORY

must be brought in a

particular place where the

subject property or a

portion thereof is located

unless there is an

agreement to the contrary

[i.e real actions]

dependent on the place

where the party resides

regardless of where the

subject cause of action

arose [i.e personal actions]



7. ACTIONS IN REM, IN PERSONAM AND QUASI

IN REM - Significance of the distinction: WON JURISDICTION

OVER THE PERSON OF THE DEFENDANT IS

REQUIRED and consequently to determine the type

of summons to be employed

IN REM IN PERSONAM QUASI IN REM

directed against

the thing itself

directed against

the particular

person

directed against

particular

persons

jurisdiction over

the person of

the defendant is

not required

jurisdiction over the

person of the

defendant is

required

jurisdiction over

the person of

the defendant

is not required

as long as

jurisdiction over

the res is

acquired

a proceeding to

determine the

state or

condition of a

thing

an action to impose

a responsibility or

liability upon a

person directly

a proceeding to

subject the

interest of a

named

defendant over

a particular

property to an

obligation or

lien burdening it

judgment is

binding on the

whole world

judgment is binding

only upon the

parties impleaded

or their successors

in interest

judgment is

binding upon

particular

persons

A real action may at the same time be an action in

personam, and NOT NECESSARILY in rem.

Key: binding effect

Examples of actions In Rem

BASIC: land registration, probate of a will

CONTENTIOUS:

a. nullity of marriage (note that it is a personal action, but still in rem)

Examples of actions In Personam

BASIC: action for a sum of money, damages, injunction,

specific performance

CONTENTIOUS:

a. action for declaration of nullity of title and recovery of ownership of real property (note that it is a real action)

b. auction sale of land for the collection of delinquent taxes c. action for reconveyance

Examples of actions Quasi In Rem

a. action for partition b. action for accounting c. attachment d. foreclosure of mortgage

Tests to determine the nature of action: WON capable or incapable of pecuniary estimation [question of jurisdiction] a) Ultimate Objective Test If the relief demanded is

one which may not be granted under the law, it

does not characterize or determine the nature of

the action. The relief to which the plaintiff is

entitled based on the facts alleged by him in his

complaint although it is not the relief demanded is

what determines the nature of the action. Thus, a

prayer for annulment or rescission of the sale does

not operate to effect the fundamental and prime

objective and nature of the action, which is to

recover real property and is thus a real action. The

annulment of the sale is only secondary.

b) Incidental Test If it is primarily for recovery of a sum of money, it is capable of pecuniary

estimation. Where the basic issue is something

other than the right to recover a sum of money or

is purely incidental to or as a consequence of the

principle relief sought like specific performance,

action for support or for annulment of contract, it is

not capable of pecuniary estimation.

c) Mere Consequence Test An action to compel defendant to accept the goods and pay damages,

rescission of contract and reimbursement of

contract price, and action for specific performance

of stipulation in a lease contract such as to

maintain the lessee in peaceful possession of the

premises were held to be incapable of pecuniary

estimation as the amounts to be collected are but

a consequence of specific performance which fall

under the jurisdiction of the RTC regardless of

amount sought to be recovered.

B. CAUSE OF ACTION

1. MEANING OF CAUSE OF ACTION

A cause of action is the act or omission by which a

party violates a right of another.

Requisites of a right of action:

1. the existence of a legal right of the Plaintiff

2. a correlative obligation of the defendant to respect plaintiffs right; and,

3. an act or omission of the defendant in violation of the plaintiffs legal right

2. RIGHT OF ACTION VERSUS CAUSE OF

ACTION

An action is the suit filed in court whereas

cause of action is the basis of the action filed.



Elements of a Right of Action:

a) The existence of a cause of action defined as the act or omission by which a party violates a right of

another

b) The performance of all conditions precedent to the bringing of the action

c) The right to bring and maintain the action must be in the person instituting it

Conditions precedent:

a) exhaustion of administrative remedies b) arbitration as a condition precedent for court

action

Construction Industry Arbitration Commission (CIAC) recourse may be availed of whenever the contract contains a clause for the

submission of a future controversy to

arbitration

Rep. Act No. 9285 or Alternative Dispute Resolution Act of 2004

Barangay Conciliation (Katarungang Pambarangay)

Article 151, FC If it is shown that no earnest efforts were

in fact made to settle the controversy among members of

the same family, the case must be dismissed.

3. FAILURE TO STATE A CAUSE OF ACTION

STATES NO CAUSE

OF ACTIOIN LACK OF CAUSE OF

ACTION

Definition

complaint fails to

allege the cause of

action, or that not

all elements were

indicated

may be ruled after

the judge has

determined the

truth and falsity of

the allegations and

has found the

evidence wanting

Basis Complaint evidentiary matters

When raised

Motion to Dismiss:

before a responsive

pleading is filed

Usually, Demurrer to

evidence: after the

plaintiff rested his

case

BUT in Dabuco v.

CA, SC held that it

may be raised

anytime

4. TEST OF SUFFICIENCY OF A CAUSE OF

ACTION

Test of Sufficiency of CoA

WON admitting the facts alleged, the court could render a

valid verdict in accordance with the prayer of the

complaint

Note: It has been held that the court cannot consider other

matters aliunde (outside the pleading). But Riano says that

it is NOT a hard and fast rule, in some cases, the court

considered the documents attached to the complaint to

truly determine the sufficiency of cause of action (Agrarian

Reform v. Nicolas). The reason is that such annexes are

considered parts of the complaint (Sea-Land Service, Inc. v.

CA).

5. SPLITTING A SINGLE CAUSE OF ACTION AND

ITS EFFECTS

Concept: the filing of one or a judgment upon the merits in

any one is available as a ground for the dismissal of the

others

Filing of one [Rule 16, Section 1 (e)] that there is another action pending between the same parties for

the same cause

Judgment upon the merits [Rule 16, Section 1 (f)] that the cause of action is barred by a prior judgment

- A party cannot split a single cause of action into parts and sue on each part separately.

- A single act may sometimes violate several rights of a person. Nevertheless, the plaintiff has only

one cause of action regardless of the number of

rights violated.

3 alternative tests:

a. same evidence test b. same defenses test c. cause of action in the 2nd case existed at the time

of the filing of the 1st complaint

Example #1: car collision violates both personal right (to be

safe in the person of the car owner) and property right (over

the car). Filing an action to recover damages to his person

and later for damages to his car would be splitting a single

cause of action. IF HOWEVER, a passenger in the same car

was also injured, said passenger has a cause of action

separate and distinct from those of the car owner. He may

sue separately.

Example #2: A bank cannot file a civil action against the

debtor for the collection of the debt and then subsequently

file an action to foreclose the mortgage = splitting a single cause of action.

Rules in actions ex-delicto:

One tort = one cause of action [regardless of how many damages to one person]

One delict violating rights of different persons = several causes arise on behalf of such persons

Two culpable transgressions on the property rights of another i.e. 1) ruination of the agricultural fertility or



utility of the soil of the property and 2) unauthorized

use of said property as a dumpsite or depot = liable to

pay damages for both the reasonable value of the use

of the land and the occupation of the premises

Separate tortuous acts resulting in different injuries = separate causes of action

One injury from several wrongful acts = One cause of action

6. JOINDER AND MISJOINDER OF CAUSES OF

ACTION

JOINDER a party may in one pleading assert in the alternative or otherwise as many causes of action as he

may have against an opposing party subject to the following

conditions:

a) the part joining the causes of action shall comply with the rules on joinder of parties

b) the joinder shall not include special civil actions or actions governed by special rules

c) where the causes of action are between the same parties but pertain to different venues or

jurisdictions, the joinder may be allowed in the RTC

provided one of the causes of action falls within

the jurisdiction of said court and the venue lies

therein; and

d) where the claims in all the causes of action are principally for recovery of money, the aggregate

amount claimed shall be the test of jurisdiction

Note: The absence of unity of problems is no longer a bar

to joinder of causes of action. The present rule removed

the restriction of venue, jurisdiction, and causes of action

arising from money, the same nature or character or

similar transactions.

Grounds to refuse joinder of causes of action are:

a) the rules on joinder of parties which requires that

a. the claims arise from the same or series of transactions, and

b. there is a common question of law or fact;

b) it must not be cognizable by different tribunals; and,

c) joinder of ordinary and special civil actions.

- The restriction on joinder of parties does not apply where the parties are the same although the

causes of action are separate and distinct from

one another. This question is only relevant when there are multiple plaintiffs or multiple defendants.

- Joinder of causes of action is NOT MANDATORY, merely PERMISSIVE. It follows the totality test for purposes of jurisdiction.

- When a party sues 2 or more defendants, it is necessary for the cause of action to arise out of

the same transaction or series of transactions and

that there should be a question of law or fact

common to them.

o C is creditor of D and E, both debts have been contracted separately. Joinder is not

allowed.

o P is a passenger in a bus owned by O and driven by D. Joinder is allowed, obligation

arose out of same accident.

- Special civil actions CANNOT be joined with ordinary civil actions because of possible confusion in the application of procedural rules.

- The ff. are not permitted: o ejectment + money claims o payment of loan + damages from QD +

foreclosure

MISJOINDER erroneously joined causes of action. It is NOT a ground for dismissal (Sec. 6 Rule 2) but will result in

the severance of the separate causes of action, upon

motion or courts own initiative.

C. PARTIES TO CIVIL ACTIONS

2 main parties:

a. plaintiff the claiming party, may also apply to a defendant who files a counterclaim, cross-claim or

a 3rd party complaint

b. defendant the defending party, may also apply to a plaintiff in a counterclaim, cross-claim or a 3rd

party complaint

The ff. may be parties to a civil action:

a. natural persons b. juridical persons c. entities authorized by law

Effect when a party impleaded is not (a) to (c)

a. plaintiff MTD on the ground that the plaintiff has no legal capacity to sue

b. defendant MTD on the ground that the pleading asserting the claim fails to state a cause of action,

because a complaint cannot possibly state a cause

of action against one who cannot be party to a civil

action



1. REAL PARTIES IN INTEREST;

INDISPENSABLE PARTIES; REPRESENTATIVE

AS PARTIES; NECESSARY PARTIES;

INDIGENT PARTIES; ALTERNATIVE

DEFENDANTS

A. REAL PARTY IN INTEREST o the party who stands to be benefited or

injured by the judgment in the suit, or the

party entitled to the avails of the suit.

o not the same as locus standi, because of its constitutional underpinnings is very

different from the private suits concept of

real party in interest

o concepts to apply: relativity of contracts, stipulations pour autrui, accion pauliana,

agency

o ground for dismissal: states no cause of action

B. INDISPENSABLE PARTY o a real party in interest without whom no

final determination can be had of an

action. The joinder of indispensable

parties is MANDATORY.

o Effect of non-inclusion: decision is VOID o Remedy: indispensable party may be

impleaded at any stage of the action.

Burden is on the plaintiff.

o when the order of the court to implead an indispensable party goes unheeded, case

may be dismissed.

o in a joint obl, the interest of 1 debtor is separate and distinct from that of his co-

debtors and a suit against 1 debtor does

NOT make the other an indispensable

party.

o solidarity does NOT make a solidary obligor an indispensable party in a suit

against another solidary debtor because

relief may be had even against any one of

the solidary debtors.

Example #1: B bought a car from S on installment

with a chattle mortgage. B later sold the car to D

who agreed to pay for the remaining monthly

installments. D failed to pay. May S sue D alone in

the foreclosure suit or replevin? NO. B is an

indispensable party, UNLESS the obligation of B to

S was assigned to D with the consent of S thereby novating the obligation by a change of debtor.

Example #2: A transferee of a property pendente

lite is NOT an indispensable party, as it would in

any event be bound by the judgment against his predecessor.

C. NECESSARY PARTY o one who is not an indispensable party but

who ought to be joined if complete relief is

to be accorded.

o Example: joint debtors

INDISPENSABLE NECESSARY

WON

mandatory

MANDATORY - must

be joined at all

conditions

NOT MANDATORY -

should be joined

whenever possible

WON final

decree can

be had in his

absence

NO

YES, because his

interests are

separable from the

interest litigated in

the case

Remedy in

case of

absence

Plaintiff to implead

at any stage

State why such

party is omitted

D. INDIGENT PARTY o one who has no money or property

sufficient and available for food, shelter

and basic necessities for himself and his

family.

o the application and hearing to litigate as an indigent litigant is made ex parte

o Effect: exemption from docket fees, other lawful fees and transcripts of stenographic

notes (but not expenses for summons),

however, such amounts shall be lien on

the judgment rendered in case favorable

to the indigent

E. REPRESENTATIVE o someone acting in a fiduciary capacity like

a trustee, guardian, executor or

administrator, or a party authorized by law

or by the Rules.

F. ALTERNATIVE DEFENDANTS o where the plaintiff cannot definitely

identify who among 2 or more persons

should be impleaded as a defendant, he

may join all of them as defendants in the

alternative, although a right to relief

against one may be inconsistent with a

right of relief against the other.

2. COMPULSORY AND PERMISSIVE JOINDER OF

PARTIES

COMPULSORY in cases of indispensable parties

PERMISSIVE all others

- Requisites for Permissive Joinder: a) the right to relief arises out of the same

transaction or series of transactions;

b) there is a question of law or fact common to all



the plaintiffs or defendants; and

c) such joinder is not otherwise proscribed by the provisions of the Rules on jurisdiction and

venue Pantranco North Express v. Standard

Insurance)

3. MISJOINDER AND NON-JOINDER OF

PARTIES

MISJOINDER when he is made a party to the action although he should not be impleaded

NON- JOINDER when he is supposed to be joined but is not impleaded in the action

Note: Even of neither misjoinder nor non-joinder is a

ground for dismissal of the action, the failure to obey the

order of the court to drop or add a party is a ground for the

dismissal of the complaint under Dismissal due to fault of

plaintiff (Sec.3 Rule 17).

4. CLASS SUIT

CLASS SUIT an action where one or more may sue for the benefit of all, if the ff. requisites concur:

a. subject matter of the controversy must be common or general interest to many persons

b. persons are so numerous that it is impracticable to join all as parties

c. parties actually before the court are sufficiently numerous and representative as to

fully protect the interests of all concerned

d. representatives sue or defend for the benefit of all

It is not a common question of law that sustains a class suit

but a common interest in the subject matter of the

controversy.

Example #1: There is NO CLASS SUIT in an action filed 400

residents initiated through the mayor to recover damages

sustained due to their exposure to toxic wastes because

each of the plaintiffs has a separate and distinct injury not

shared by other members of the class. Each supposed

plaintiff has to prove his own injury. There is no common or general interest in the injuries allegedly suffered.

Key: subject matter injuries

Example #2: NO CLASS SUIT by a corporation to recover property of its members in their personal capacities.

Note: A class suit shall not be dismissed or compromised

without the approval of the court. In Adm. Matter No. 88-1-646, the SC took occasion to distinguish the rules on

permissive joinder of parties and class suit. What is

contemplated in a class suit is that (a) the subject matter in

controversy is of common or general interest to many

persons, and (b) those persons are so numerous as to

make it impractical to bring them all before the court to join

them all as parties. On the other hand, if there are many

persons who have distinct, separate rights against the

same party or group parties, but those rights arise from the

same transaction or series of transactions and there are

common questions of fact or law resulting therefrom the

former may join as plaintiffs in one action against the same defendants.

5. SUITS AGAINST ENTITIES WITHOUT

JURIDICAL PERSONALITY

Sec. 15, Rule 3 (Parties to Civil Action)*

Sec. 15. Entity without juridical personality as defendant.

When two or more persons not organized as an entity with

juridical personality enter into a transaction, they may be

sued under the name by which they are generally or

commonly known.

In the answer of such defendant, the names and

addresses of the persons composing said entity must all

be revealed.

* Note: this rule only applies to defendants

Sec. 8, Rule 14 (Summons)

Sec. 8. Service upon entity without juridical personality.

When persons associated in an entity without juridical

personality are sued under the name by which they are

generally or commonly known, service may be effected

upon all the defendants by serving upon any one of them,

or upon the person in charge of the office or place of

business maintained in such name. But such service shall

not bind individually any person whose connection with

the entity has, upon due notice, been severed before the

action was brought.

Sec. 6, Rule 36 (Judgments, Final Orders and Entry thereof)

Sec. 6. Judgment against entity without juridical

personality. When judgment is rendered against two or

more persons sued as an entity without juridical

personality, the judgment shall set out their individual or

proper names, if known.

6. EFFECT OF DEATH OF PARTY LITIGANT a. extinguishes the attorney-client relationship b. within 30 days after such death, it is the duty

of counsel of deceased party to inform the

court; failure to do so is a ground for

disciplinary action

c. court shall determine WON the claim is extinguished by such death; if the claim

survives, there shall be substitution of parties

(no service of summons reqd, instead: court



shall order the legal representative of the

deceased to appear and be substituted for

said deceased within 30 days from notice)

d. it is possible that the court may order the opposing party to procure the appointment of

an executor or administrator for the estate of

the deceased in the ff. situations:

i. counsel for the deceased does not name a legal representative

ii. there is a representative name but he fails to appear [Sec. 16, Rule 3]

D. VENUE

1. VENUE VERSUS JURISDICTION [SUPRA]

2. VENUE OF REAL ACTIONS

Sec. 1 Rule IV (Venue)

Sec. 1 Venue of real actions Actions affecting title to or

possession of real property, or interest therein, shall be

commenced and tried in the proper court which has

jurisdiction over the area wherein the real property

involved, or a portion thereof, is situated.

Forcible entry and detainer actions shall be commenced

and tried in the municipal trial court of the municipality or

city wherein the real property involved, or a portion

thereof, is situated.

3. VENUE OF PERSONAL ACTIONS

Sec. 2, Rule IV (Venue)

Sec. 2 Venue of personal actions All other actions may be

commenced and tried where the plaintiff or any of the

principal plaintiffs resides, or where the defendant or any

of the principal defendants resides, or in the case of a

non-resident defendant where he may be found, at the

election of the plaintiff.

4. VENUE OF ACTIONS AGAINST NON-

RESIDENTS


Sec. 3. Venue of actions against nonresidents. If any of the defendants does not reside and is not found in the

Philippines, AND the action affects the personal status of

the plaintiff, OR any property of said defendant located in

the Philippines, the action may be commenced and tried

in the court of the place where the plaintiff resides, or

where the property or any portion thereof is situated or

found.

5. WHEN THE RULES ON VENUE DO NOT

APPLY


Sec. 4. When Rule not applicable. This Rule shall not

apply.

a) In those cases where a specific rule or law provides otherwise; or

b) Where the parties have validly agreed in writing before the filing of the action on the

exclusive venue thereof.

6. EFFECTS OF STIPULATIONS ON VENUE

Guidelines on stipulations on venue:

1. the agreement on venue shall, in the first instance, be

normally considered as merely permissive

2. to be restrictive, the language or terminology employed

in the stipulation must be unequivocal and admit of no

contrary or doubtful interpretation

3. in case of irreconcilable doubt, the venue provision

shall be deemed to be permissive;

4. in ascertaining the intent in that provision which

reasonably admits of more than one meaning, the

construction should be adopted which most conduces

to the convenience of the parties [J. Regalados

Separate opinion in Unimasters Conglomeration Inc]

E. UNIFORMITY OF RULES

Sec. 1, Rule V (Uniform Procedure in Trial Courts)

Sec. 1 Uniform procedure. The procedure in the Municipal Trial Courts shall be the same as in the

Regional Trial Courts, EXCEPT (a) where a particular

provision expressly or impliedly applies only to either of

said courts, or (b) in civil cases governed by the Rule on

Summary Procedure.

F. PLEADINGS

Concept: These are written statements of the respective

claims and defenses of the parties submitted to the court for appropriate judgment.

Liberal construction: All pleadings shall be liberally

construed so as to do substantial justice the intention of the pleader is the controlling factor in construing a pleading

and should be read in accordance with its substance, not

its form. BUT, it is also a rule that a party is strictly bound by

the allegations, statements or admissions made in his

pleadings and cannot be permitted to take a contradictory

position.



Construction of ambiguous allegations in pleadings: since it

is the pleader who elects the language used, such

ambiguities must be at the pleaders peril.

Allowed pleadings: complaint, answer, counterclaim, cross-

claim, third (fourth, etc.)-party complaint, complaint-in-

intervention and reply

1. KINDS OF PLEADINGS

a) COMPLAINT

- pleading of plaintiff

b) ANSWER

- pleading of defendant

i. NEGATIVE DEFENSES Concept: specific denial of the

material fact or facts alleged in the

pleading of the claimant essential to

his cause or causes of action ii. NEGATIVE PREGNANT

Concept: form of negative expression

which carries with it an affirmation or

at least an implication of some kind

favorable to the adverse party. It is a

denial pregnant with an admission of

the substantial facts alleged in the

pleading. Where a fact is alleged with

qualifying or modifying language and

the words of the allegation as so

qualified or modified are literally

denied, has been held that the

qualifying circumstances alone are

denied while the fact itself is

admitted. (Republic v.

Sandiganbayan)

iii. AFFIRMATIVE DEFENSES Concept: allegation of a new matter

which, while hypothetically admitting

the material allegations in the

pleading of the claimant, would

nevertheless prevent or bar recovery

by him [i.e fraud, prescription, release,

payment, illegality, statute of frauds,

estoppel, former recovery, discharge

in bankruptcy, and any other matter

by way of confession and avoidance]

c) COUNTERCLAIMS

i. COMPULSORY COUNTERCLAIMS

A counterclaim is compulsory if:

a. it arises out of or is necessarily connected with the transaction or occurrence which

is the subject matter of the opposing

partys claim; b. it does not require for its adjudication the

presence of third parties of whom the

court cannot acquire jurisdiction; and

c. the court has jurisdiction to entertain the claim both as to its amount and nature,

except that in an original action before the

RTC, the counterclaim may be considered

compulsory regardless of the amount.

ii. PERMISSIVE COUNTERCLAIMS Concept: counterclaim need not arise from same

transaction

iii. EFFECT ON THE COUNTERCLAIM

WHEN THE COMPLAINT IS

DISMISSED

Sec. 2, Rule 17 (Dismissal of Actions)

Sec. 2. Dismissal upon motion of plaintiff. xxx If a counterclaim has been pleaded by a defendant prior to

the service upon him of the plaintiffs motion for

dismissal, the dismissal shall be limited to the complaint.

The dismissal shall be without prejudice to the right of the

defendant to prosecute his counterclaim in a separate

action unless within fifteen (15) days from notice of the

motion he manifests his preference to have his

counterclaim resolved in the same action. xxx

Sec. 3. Dismissal due to fault of plaintiff. If, for no justifiable cause, the plaintiff fails to appear xxx the

complaint may be dismissed upon motion of the

defendant or upon the court's own motion, without

prejudice to the right of the defendant to prosecute his

counterclaim in the same or in a separate action. xxx

d) CROSS-CLAIMS

- Claim against a co-party

May a plaintiff file a cross-claim against his co-plaintiff?

Yes, the rules simply refer to a party against a co-party.

May a third-party defendant file a crossclaim against the plaintiff?

Yes, under sec. 13, rule 6, in proper cases, he (third-party defendant) may also assert a counterclaim against

the original plaintiff in respect of the latters claim against the third-party plaintiff.

e) THIRD (FOURTH, ETC) PARTY

COMPLAINTS

Requisites for a 3rd party action are:

a) that the party to be impleaded must not yet be a party to the action;

b) that the claim against the 3rd party defendant must belong to the original defendant;



c) the claim of the original defendant against the 3rd party defendant must be based upon the plaintiffs claim against the original defendant; and,

d) the defendant is attempting to transfer to the 3rd party defendant the liability asserted against him

by the original plaintiff [Philtranco Servic v. Paras]

f) COMPLAINT-IN-INTERVENTION

To warrant intervention, two requisites must concur:

a) the movant has a legal interest in the matter in litigation, and

b) intervention must not unduly delay or prejudice the adjudication of the rights of the parties nor should

the claim of the intervenor be capable of being

properly decided in a separate proceeding.

(Mabayo Farms, Inc. v. CA)

The interest, which entitles a person to intervene in a

suit, must involve the matter in litigation and of such direct

and immediate character that the intervenor will either gain

or lose by the direct legal operation and effect of the

judgment. (Garcia v. David)

c) REPLY

Sec. 10, Rule VI (Pleadings)

Sec. 10. Reply. A reply is a pleading, the office or function of which is to deny, or allege facts in denial or

avoidance of new matters alleged by way of defense in

the answer and thereby join or make issue as to such new

matters. If a party does not file such reply, all the new

matters alleged in the answer are deemed controverted.

2. PLEADINGS ALLOWED IN SMALL CLAIM

CASES AND CASES COVERED BY THE RULES

ON SUMMARY PROCEDURE

SUMMARY PROCEDURE SMALL CLAIMS

Allowed

pleadings

complaint, compulsory

counterclaim pleaded

in the answer, cross-

claim pleaded in the

answer and answers

thereto

accomplished and

verified Statement

of Claim (initiatory

pleading),

accomplished and

verified Response

(equivalent to an

answer)

Prohibited

Pleadings

permissive

counterclaim, third-

party complaint, reply

and pleading-in-

intervention

third-party

complaint, reply and

pleading-in-

intervention

Any claim which the defendant has against the plaintiff

shall be filed as a counterclaim in the Response where the

counterclaim is compulsory. The defendant may however,

elect to file a permissive counterclaim provided that its

amount and nature are covered by Rule for Small Claims

Cases.

Prohibited pleadings in writ of amparo or habeas data:

counterclaim, cross-claim, third-party complaint, reply and

intervention

3. PARTS OF A PLEADING

a) CAPTION

Content: (1) name of court, (2) title of action, and (3)

docket number if assigned

The title of the action contains the names of the parties,

indicating whether they are plaintiffs or defendants. In the

original complaint, ALL must be named but in subsequent

pleadings, it is sufficient to just name the first party.

b) SIGNATURE AND ADDRESS

- by plaintiff or counsel, stating in either case his address

- In the absence of a proper notice to the court of a change of address >> last address of the counsel

of record.

Effect of an unsigned pleading: such pleading produces NO

LEGAL EFFECT. The court, however, may allow the pleader

to sign the same if it was merely due to inadvertence and not to delay the proceedings.

c) VERIFICATION AND CERTIFICATION

AGAINST FORUM SHOPPING

VERIFICATION by an affidavit declaring that (1) the affiant has read the pleading, and (2) the allegations therein are

true and correct of his personal knowledge or based on authentic records.

Lack of proper verification = unsigned pleading = produces no legal effect

information and belief or upon knowledge, information and belief not proper verification

The absence of a verification may be corrected by requiring an oath, if the attending circumstances are

such that a strict compliance with the rule may be

dispensed with to serve the ends of justice.

i. REQUIREMENTS OF A

CORPORATION EXECUTING THE

VERIFICATION/ CERTIFICATION

OF NON-FORUM SHOPPING

CERTIFICATION AGAINST FORUM SHOPPING a sworn statement in which the plaintiff or principal

party certifies in a COMPLAINT OR INITIATORY PLEADING the ff. matters:



(1) that he has not commence any action filed any claim involving the same issues in any court,

tribunal, or quasi-judicial agency and, to the

best of his knowledge, no such other action or

claim is pending therein;

(2) that of there is such other pending action or claim, a complete statement of the present

status thereof; and

(3) that if he should therefore learn that the same or similar action or claim has been filed or is

pending, he shall report that fact within 5 days

therefrom to the court wherein his aforesaid

complaint or initiatory pleading has been filed.

Requisites of forum shopping:

(1) identity of parties, or at least such parties as represent the same interests in both actions

(2) identity of rights asserted and relief prayed for, the relief being founded on the same facts

(3) identity of the 2 preceding particulars such that any judgment rendered in the pending case,

regardless of which party is successful would

amount to res judicata

3 ways of committing forum shopping:

(1) filing multiple cases based on the same cause of action and with the same prayer, the previous case

not having been resolved yet (where the ground for

dismissal is litis pendentia)

(2) filing multiple cases based on the same cause of action and the same prayer, the previous case

having been finally resolved (where the ground for

dismissal is res judicata)

(3) filing multiple cases based on the same cause of action, but with different prayers (splitting of cause

of action, where the ground for dismissal is also

either litis pendentia or res judicata)

TEST: whether the elements of litis pendentia (PRC -

identity of parties, rights or causes of action, and reliefs

sought) are present or whether a final judgment in one case will amount to res judicata in another.

It is the plaintiff who executes the certification, not the

attorney. It is the petitioner and not the counsel who is

in the best position to know WON he actually filed or caused the filing of a petition.

GR: A certification signed by counsel is a defective

certification and is a valid cause for dismissal.

E2R: SPA (with reasonable and justifiable reasons for

non-signing)

In case of multiple plaintiffs:

GR: all must sign

E2R: only 1 signature is sufficient IF all plaintiffs share

a common interest and invoke a common cause of

action or defense (also with reasonable and justifiable

reasons for non-signing)

EE: dishonesty attended the signing of certification (i.e.

forgery)

The certification applies to the complaint and other

initiatory pleadings, i.e. permissive counterclaim, cross-

claim, third (fourth, etc)-party complaint, complaint-in-

intervention, petition or any application in which a party asserts his claim for relief.

The certification is MANDATORY but not jurisdictional

since jurisdiction over the subject of the action is

conferred by law.

Failure to comply with the required certification:

GR: NOT curable by mere amendment and shall be a cause for the dismissal of the action (Sec.5 Rule 7)

E2R: substantial compliance, or presence of special

circumstances or compelling reasons (Vda. De Formoso v. PNB)

When dismissed (not appealable):

GR: without prejudice to the refiling of the complaint E2R: order of dismissal otherwise provides

WILLFUL AND DELIBERATE

FORUM SHOPPING

NOT WILLFUL AND

DELIBERATE

FALSE CERTICATION

ground for

summary

dismissal

ground for

summary dismissal

---

with prejudice Without prejudice --

direct contempt indirect contempt indirect

contempt

administrative

sanctions

-- administrative

& criminal

actions

d) EFFECT OF THE SIGNATURE OF COUNSEL

IN A PLEADING

It constitutes a certificate by him that he has read the

pleading; that to the best of his knowledge, information,

and belief there is good ground to support it; and that it is

not interposed for delay.

Counsel may delegate the signing of a pleading to another

lawyer but cannot do so in favor of one who is not. Such is reserved to the members of the legal profession.



4. ALLEGATIONS IN A PLEADING

ULTIMATE FACTS facts essential to a partys cause of action or defense, such exclude evidentiary facts. They

are the principal, determinate, constitutive facts, upon the existence of which, the entire cause of action rests.

A pleading must only aver ultimate facts, not conclusions.

The pleading shall specify the relief sought although

the statement may include a general prayer for such

further or other relief as may be deemed just or

equitable. The inclusion of a general prayer may justify

the grant of a remedy different from or together with

the specific remedy sought, if the facts alleged in the

complaint and the evidence introduced so warrant.

a) MANNER OF MAKING ALLEGATIONS

i. CONDITION PRECEDENT

Concept: matters which must be complied

with before a cause of action arises,

examples:

- tender of payment (consignation) - exhaustion of administrative

remedies

- baranggay conciliation proceedings

- earnest effort toward a compromise (family members)

- arbitration Failure to comply: ground for MTD

ii. FRAUD, MISTAKE, MALICE,

INTENT, KNOWLEDGE AND OTHER

CONDITION OF THE MIND,

JUDGMENTS, OFFICIAL

DOCUMENTS OR ACTS

FRAUD OR MISTAKE must be stated

with particularity

MALICE, INTENT, KNOWLEDGE OR

OTHER CONDITIONS may be averred

generally (reason: inherent difficulty in

stating the particulars of such)

b) PLEADING AN ACTIONABLE DOCUMENT

ACTIONABLE DOCUMENT document relied upon by either the plaintiff or the defendant.

Whenever an actionable document is the basis of a pleading, pleader should:

a. set forth in the pleading the substance of the instrument or the document, and to attach the

original or the copy of the document to the

pleading as an exhibit and which shall form part of

the pleading; OR

b. with like effect, to set forth in the pleading said copy of the instrument or document

To contest an actionable document:

a. specific denial on the genuineness and due execution of the document under oath (verified);

and

b. set forth what he claims to be the facts

Effect of failure to make specific denials on an actionable

document implied admission of the due execution and genuineness of the document

Waived defenses during trial

1. forgery 2. lack of authority 3. that the document was not in words and figures

set out in the pleadings

Valid defenses despite failure to make specific denials

The ff. defenses are NOT inconsistent with the admission of genuineness and due execution of the instrument:

1. payment or non-payment 2. want of consideration 3. illegality of consideration 4. usury 5. fraud

The ff. defenses have NO direct relationship to the concepts of genuineness and due execution:

1. prescription 2. release 3. waiver 4. statute of frauds 5. estoppel 6. former recovery or discharge in bankruptcy

When specific denial not reqd:

a. when the adverse party does not appear to be a party to the instrument, or

b. when compliance with an order an inspection of the original document is refused

EXAMPLE #1: if a son is sued as a substitute party under a

document signed by his deceased father, a specific denial

is sufficient without the same being under oath because the son is not a party to the document.



c) SPECIFIC DENIALS

PURPOSE: to make the party disclose the matters alleged in

the complaint which he succinctly intends to disprove at the

trial, together with the matter which he relied upon to

support the denial. The parties are compelled to lay their

cards on the table.

3 types (Sec. 10, Rule 8):

a. absolute denial specifies each material allegation of fact, the truth of which he does not

admit and, whenever practicable, sets forth the

substance of the matters upon which he relies to

support his denial.

>as opposed to a blanket denial, an example of

which is: defendant specifically denies all the material allegations of the complaint

b. partial denial does not make a total denial of the material allegations in a specific paragraph, denies

only a part of the averment.

c. denial by disavowal of knowledge where the defendant alleges that he is without knowledge or

information sufficient to form a belief as to the

truth of a material averment made in the

complaint, this must be made sincerely and in

good faith

>when such matters are plainly and necessarily

within the defendants knowledge, a claim of ignorance or lack of information will NOT be

considered as a specific denial.

i. EFFECT OF FAILURE TO MAKE

SPECIFIC DENIALS

GR: deemed admitted

E2R: not deemed admitted:

a. unliquidated damages b. conclusions in a pleading c. non-material averments

>reason: only ultimate facts need to be

alleged in a pleading and only material allegations have to be denied

If the allegations are deemed admitted, there is no more

triable issue between the parties and if the admissions

appear in the answer of the defendant, the plaintiff may file a motion for judgment on the pleadings under Rule 34.

A party who desires to contradict his own judicial admission may do so only by either of 2 ways:

a. by showing that the admission was made through palpable mistake; OR

b. that no such admission was made

ii. WHEN A SPECIFIC DENIAL

REQUIRES AN OATH

a. denial of an actionable document b. denial of allegations of usury in a

complaint to recover usurious interest

NOTE: NOT every allegation of usury requires a specific

denial under oath, it has to be (a) allegations in a complaint

(not in the answer); and (b) complaint is filed to recover usurious interest. (Rule 8 Sec. 11)

5. EFFECT OF FAILURE TO PLEAD

The rule refers to a defending party, which means that it is

not only a defendant who fails to answer who may be

declared in default.

May a defendant who fails to answer a complaint that has

been amended as a matter of right be declared in default?

No because an answer earlier filed may serve as the answer to the amended complaint if no new answer is

filed.

May a plaintiff who fails to answer a compulsory

counterclaim be declared in default? As a rule, an answer

to a counterclaim or cross-claim is required and failure to

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