Transcribed Baste Lectures Part II

8/13/2019 Transcribed Baste Lectures Part II

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Transcribed Baste Lectures Part II

The Review Center at Twilight

Transcribed Notes on Civil Precedures, Part I

SYLLABUS FOR 2011 BAR EXAMINATIONS

REMEDIAL LAW

I. General Principles

A. Concept of Remedial Law

The Rules of Court as a whole constitute the body of rules governing pleadings, practice and procedure. As they do not originate from the legislature, they cannot be called laws in the strictsense of the word. However, since they are promulgated by authority of law, they have the forceand effect of law if not in conflict with a positive law. The Rules are subordinate to statute, andin case of conflict, the statute will prevail.

The concept of Remedial Law lies at the very core of procedural due process, which means a lawwhich hears before it condemns, which proceeds upon inquiry and renders judgment only aftertrial, and contemplates an opportunity to be heard before judgment is rendered.

Remedial Law is that branch of law which prescribes the method of enforcing the rights for

obtaining redress for their invasion.

Remedial laws are implemented in our system of government through the pillars of the judicialsystem, including the prosecutory service, our courts of justice and quasi judicial agencies.

We cannot separate remedial law from substantive law. Remedial law does not establish a right.Substantive law establishes that right, but remedial law protects and enforces such right.


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B. Substantive Law as Distinguished from Remedial Law

SUBSTANTIVE LAW is that part of the law which creates, defines and regulates rightsconcerning life, liberty, or property, or the powers of agencies or instrumentalities for theadministration of public affairs. This is distinguished from REMEDIAL LAW which prescribes

the method of enforcing those rights and obligations created by substantive law for obtainingredress for their invasion.

C. Rule-making Power of the Supreme Court

The SC has the constitutional power to promulgate rules concerning pleading , practice andprocedure (Sec 5(5), Art. VIII, Constitution). But this is not an absolute power, it is subject tosome limitations.

1. Limitations on the rule-making power of the Supreme Court

The following are imposed by the Constitution on the rule-making power of the SC:

a. The Rules shall provide a simplified and inexpensive procedure for the speedy disposition ofcases;

b. The Rules shall be uniform for courts of the same grade; and

c. The Rules shall not diminish , increase , or modify substantive rights (Sec. 5(5), Art. VIII,Constitution). Only the legislature can do these acts, not the SC.

2. Power of the Supreme Court to amend and suspend procedural rules

The courts have the power to relax or suspend technical or procedural rules or to except a casefrom their operation when compelling reasons so warrant or when the purpose of justicerequires it . What constitutes good and sufficient cause that would merit suspension of the rule isdiscretionary upon the courts.

When a rule promulgated by the SC is not applied by the SC to a particular case, it is not asituation where the SC violates its own rules. It is a situation where the SC has promulgated arule on that particular case only pro hac vice . This is the power of the SC to suspend the rules inthe interest of justice. The SC can even not apply a particular rule.

In a case where the action of the MTC was patently null and void, the SC took cognizance of a petition for certiorari without it having to pass the RTC. The SC in this particular case did notfollow a rule. What is the justification of the court? Action has to be done immediately. Only theSC can do that.

The SC has also sustained appeals filed beyond the reglementary period shown to be meritoriousand the failure to file on time was with a reason that will compel the court to recognize thatreason. The rules are not intended to be applied with pedantic rigor. The rules and technicalities


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have to give way to the interest of substantial justice. So when there is a conflict between theinterest of justice and technicalities, the latter have to give way in order to give way to justice.

Reasons which would warrant the suspension of the Rules:

1. Existence of special or compelling circumstances;

2. the merits of the case;

3. a cause not entirely attributable to the fault or negligence of the party favored by thesuspension of rules;

4. lack of any showing that the review sought is merely frivolous and dilatory; and

5. the other party will not be unjustly prejudiced thereby.

Compliance with the rules is the general rule, and abandonment thereof should only be done inthe most exceptional circumstances.

Power to amend the rules . The SC has the power to amend, repeal or even establish new rulesfor a more simplified and inexpensive process, and the speedy disposition of cases. Theconstitutional power of the SC to promulgate rules of practice and procedure and to amend orrepeal the same necessarily carries with it the power to overturn judicial precedents on pointsof remedial law through the amendment of the ROC.

The ROC are to be liberally construed in order to promote their objective of securing a just,speedy, and inexpensive disposition of every action or proceeding.

D. Nature of Philippine Courts

Philippine courts are both courts of law and equity . Hence, both legal and equitable jurisdictionis dispensed with in the same tribunal.

1. Meaning of a court

Referred to here is the court as a public office, an office under the judiciary. It is tasked with the primary purpose of resolving controversies among individuals, and also tasked with enforcementof the procedures for defending the State against disorder like in criminal prosecution.

A court itself does not actually physically exist. The courtroom does. A court exists because oflegal fiction.

2. Court as distinguished from a judge


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It is a court which has jurisdiction over cases. A judge has no jurisdiction. While a court is anoffice, the officer that presides over a court is called a judge. A judge is a physical actual beingwhile a court is a creation of law. A judge may die but a court remains.

3. Classification of Philippine courts

4. Courts of original and appellate jurisdiction

Original jurisdiction is where a case is filed first.

The MTC has original jurisdiction. Does the CA also have original jurisdiction? Yes. There arecases which are filed in the CA for the first time. Does the SC also have original jurisdiction?Yes.

Appellate jurisdiction is the authority to review, revise, reverse or modify decisions of a lowercourt. The MTC has no appellate jurisdiction.

5. Courts of general and special jurisdiction

Courts normally have jurisdiction given to them by law. But there are some courts which even ifnot specifically given could be within the jurisdiction of that court.

The RTC is a court of general jurisdiction . If there is no law which confers jurisdiction over asubject matter to any particular court, it is now assumed automatically under BP 129 that it willgo to the RTC because it is a court of general jurisdiction.

The MTC, CA, and SC are not courts of general jurisdiction. They exercise a special

jurisdiction . They only exercise jurisdiction over subject matters conferred directly to them bylaw.

6. Constitutional and statutory courts

Statutory courts are courts created by law, by statute or other specific laws other then thefundamental law. Those laws are authorized by the Constitution. There is only 1 court createddirectly by the Constitution, the SC.

The Sandiganbayan is not constitutional court because it is not directly created by theconstitution; it is a constitutionally-mandated court. As early as the 1973 Constitution directed an

order to create the Sandiganbayan.

7. Courts of law and equity

Philippine courts exercise 2 general types of jurisdiction; the legal and the equity jurisdiction.That means that Philippine courts are not only courts of law but also courts of equity.


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Courts of equity decide a case not in relation to a particular statutory provision. Courts of equitydecide a case on the basis of the natural concept of what is just and what is fair because human

beings have natural concepts of what is right and what is wrong even if we have not gone toschool.

There is one principle we have to remember. The courts are not authorized to apply the rules orlaws on equity if there is a specific statutory provision. Equity is not supposed to come in if thereis a law applicable to certain state of facts. No matter how harsh the law is, if there is a law, thecourt will have to apply the law. If there is no law, thats the time that courts go to the laws onequity.

Reyes vs. Lim, August 11, 2003: This was about an agreement to sell a land. Actually it was aconditional sale. The buyer gave a hefty down payment of P10 million because it involved a

parcel of land with a prime location in Pasay City. He noticed that the seller really had nointention to go on with the sale. He filed alternatively an action to rescind or to annul thecontract. During the pendency of the case, he asked the court to require the defendant seller to

deposit in court the P10 million he already gave as down payment because he noticed that theseller is engaged in some activities which made him to believe that the guy was squandering themoney he gave as earnest money. If the contract is annulled or rescinded, there is then anobligation for the obligee to make restitution, and the buyer fears that there will be no moremoney to return. The defendant said that the plaintiff in effect is asking for a provisional remedythat is not found in the rules. The SC said there is a vacuum in the law, and there is a need to

protect the right of the plaintiff should he win. And so the court allowed a deposit as a provisional remedy pro hac vice only on that particular case using its equity jurisdiction.

8. Principle of Judicial Hierarchy

This principle arises in case of concurrent jurisdiction. Meaning there are cases cognizable by 1court and another court or courts authorized by law; there are several courts authorized by law totake cognizance over a case. In petitions for a writ of amparo , there is concurrent jurisdiction

between the RTC, CA, SC and even the Sandiganbayan.

Our courts follow the so-called ladderized procedure. If you could file it in the lowest court,then file it there first. You must have a compelling reason for filing it in a higher court thanin a lower court . This is judicial hierarchy, a general rule which may be disregarded sometimes.

9. Doctrine of non-interference or doctrine of judicial stability

A court cannot issue an order against a co-equal court. An RTC cannot enjoin the acts of anotherRTC. This is to promote the doctrine of stability. This is also applied to certain quasi-judicialagencies. The RTC cannot enjoin the SEC because they have equal ranks. Go to the CA by wayof Rule 43.

II. Jurisdiction


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A. Jurisdiction over the parties

1. How jurisdiction over the plaintiff is acquired

An original plaintiff may sometimes become a defendant in the same case. And an original

defendant may become a plaintiff in the same case. For example, OP filed a claim against OD.Then OD filed a counterclaim against OP. OD becomes a plaintiff in the counterclaim and OP becomes a defendant.

The filing of the complaint by the plaintiff vests upon the court jurisdiction upon his person.

2. How jurisdiction over the defendant is acquired?

A true defendant is whom relief is directly sought against. A defendant in name only is the not atrue defendant. Therefore, you do not need jurisdiction over the person of every defendant in allcases. You only need the jurisdiction over the person of the defendant when the action is in

personam . And this is mandatory. We did not say personal action, it is different from action in personam.

In actions in rem and quasi in rem, technically there are no defendants although some personsmay be named. You only need jurisdiction over the thing or res, which is either a thing or astatus of a person.

An action in rem is an action against the whole world addressed to no one in particular. Forexample, in a probate proceeding the heirs are mentioned because they have interests in theestate but the court needs jurisdiction over the estate only. It is an action in rem.

An annulment of marriage or declaration of nullity is also an action in rem. The parties are onlyincidental to the action. A cadastral case is also an action in rem.

An injunction and an action for unlawful detainer and for forcible entry are actions in personam.

An action involving the status of an individual is an action in rem. But there is an action aboutthe status of an individual which is not an action in rem but in personam- an action forcompulsory recognition of a child.

There are other actions called quasi in rem . There is a specific individual who is interested in a property but its actually the property which is the focal point of the suit. For instance,

foreclosure of a mortgage, an action quasi in rem. A proceeding for preliminary attachment is a proceeding quasi in rem. Accounting of funds is also quasi in rem.

These are jurisprudential examples coming from the Bar exams.

So when talking about jurisdiction over the person of the defendant, we are talking only ofactions in personam where such jurisdiction is mandatory.


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When there is voluntary appearance , jurisdiction over the person of the defendant is acquiredeven without service of summons or upon a summons invalidly served. It is found in Sec. 20Rule 14. Master this!

Sec. 20 The defendants volu ntary appearance in the action shall be equivalent to service

of summons. The inclusion in a motion to dismiss of other grounds aside from lack of jurisdiction over the person of the defendant shall not be deemed a voluntary appearance.

Voluntary appearance is equivalent to service of summons (1 st sentence of Sec. 20).

What is the defendants 1 st opportunity to question the courts jurisdiction over his person?Motion to dismiss on the ground of lack of jurisdiction over his person. Adding other groundsto the motion to dismiss is not considered voluntary appearance as opposed to the old rule .You can add as many defenses.

B. Jurisdiction over the subject matter

1. Meaning of jurisdiction over the subject matter

The subject matter refers to the class to which the case belongs. For example, forcible entry andunlawful detainer; actions of incapable of pecuniary estimation; admiralty cases; these areclasses.

The Filing of a complaint vests jurisdiction upon the court with respect to the person of the plaintiff.

Bar: the plaintiff was abroad, his counsel filed the complaint. The defendant moved to dismiss on

the ground that the court has no jurisdiction over the complainant because the is not in thePhilippines. Defendant is wrong: jurisdiction is not acquired through his personal presence incourt to file the complaint. Jurisdiction on his person is acquired by the filing of the complaintin his name and under his authority. Jurisdiction was acquired by virtue of the complaint filedin court.

2. Jurisdiction versus the exercise of jurisdiction

When the question speaks about jurisdiction vs. the exercise of jurisdiction, it means jurisdictionover the subject matter.

Jurisdiction is the power or authority belonging to the court. When the court acts according tosuch authority, that action in accordance with such authority is an exercise of jurisdiction. Acourt has jurisdiction over an UD case; when it receives the complaint and acts in accordancewith such authority to take cognizance over such UD case, its action falls under the concept ofexercise of jurisdiction.


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Jurisdiction is static, the exercise is active. To be valid, the exercise of jurisdiction must be basedon jurisdiction. An exercise of jurisdiction without jurisdiction is not a valid act. The court isacting without jurisdiction.

3. Error of jurisdiction as distinguished from error of judgment

When the court is exercising jurisdiction without jurisdiction, there is an error called error of jurisdiction. It is a grievous error; it strikes at the very action of the court. It is reviewable bycertiorari (Rule 65).

When the court has jurisdiction over the subject matter, and the manner of the exercise of that jurisdiction has been found out to be erroneous, it is an error of judgment correctible by appeal (Rule 45). It involves errors in the appreciation of the facts and evidences. It could ripen into avalid judgment if not questioned in a proper proceeding like appeal because it is not a void

judgment. It needs to be questioned. If there is a remedy of appeal, do not use certiorari.

4. How jurisdiction is conferred and determined

Jurisdiction is conferred by law . It cannot be conferred by the agreement of the parties or ofthe approval of the court. Good faith of the judge does not confer jurisdiction. Neither canestoppel confer jurisdiction; it will only prevent you from questioning jurisdiction.

Jurisdiction is determined by the allegations in the complaint, not the title of the case.Sometimes the title of the complaint and the allegations are in conflict. The allegations prevail.

Pay and vacate -> unlawful detainer (MTC)

Pay or vacate -> action for a sum of money (depends upon the amount)

Comply with the conditions of the lease and to vacate -> UD (MTC)

Comply or vacate -> specific performance (RTC)

UD: there is a need to demand to vacate

FE: no such need

Can the parties to a case agree for their convenience and for the convenience of the court that the

RTC will try a forcible entry case? No.

The court will not rely on the title of the complaint. It has to read the complaint and determinethe allegations on the complaint.

It is the plaintiff, in effect, that determines jurisdiction thru his allegations. The allegations of thedefendant will not determine jurisdiction.


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If the amount of the claim is 1 million, jurisdiction will go to the RTC and the court cannotdismiss it if in the course of the trial it was convincingly established that only 100,000 is due tothe plaintiff. In this case, the court will render judgment only for 100,000 in favor of the plaintiff,

but the court should not dismiss the complaint.

5. Doctrine of primary jurisdiction

There are cases which the court will not handle at first because jurisdiction belongs to anadministrative or quasi judicial agency. For example tenancy (DARAB), agrarian reform case(DAR), rates for electricity (Energy Dept.)

6. Doctrine of adherence of jurisdiction (the doctrine of continuity of jurisdiction)

Once the court acquires jurisdiction by virtue of a valid complaint, that jurisdiction shallcontinue up to the end of the case. Intervening facts will not deprive the courts of jurisdiction.

Suppose an action for a sum of money, 1 million, was filed in the RTC. During the trial of thecase it was convincingly established that the liability of the defendant was only 100, 000cognizable at first instance by the MTC. Can the defendant move to dismiss on the ground oflack of jurisdiction? No, the court already acquired jurisdiction by virtue of the allegations of avalid complaint. Its jurisdiction will not be ousted by contrary evidence. The court shouldcontinue with the case and render judgment for 100, 000. This is adherence of jurisdictiondoctrine.

Even the existence of a new law will not divest the court of jurisdiction already acquired unlessthe law itself orders that such court be divested of jurisdiction.

There was this official of the government with a salary range of grade 27, he was sued in theSandiganbayan, and while the case was pending he resigned from office and said that the SB nolonger had jurisdiction over him in lieu of his resignation. He was wrong. Jurisdiction hasalready attached and once attached it shall continue until the end of the proceedings by virtue ofthe doctrine of adherence.

7. Objections to jurisdiction over the subject matter

The court may on its own initiative object to an erroneous jurisdiction and may ex mero motu take cognizance of lack of jurisdiction at any point in the case and has a clearly recognized rightto determine its own jurisdiction. The courts authority however is only to dismiss the complaint

and not to make any other order like forwarding the case to the proper court.8. Effect of estoppel on objections to jurisdiction

Estoppel does not confer jurisdiction. It will only prevent you from questioning the lack of jurisdiction. The ancient case of Tijam vs. Sibunghanoy is the perfect example of estoppel bylatches, as used in that case. One litigant in that case knew that the court has no jurisdiction overthe case beforehand; when the case was dragging 15 years and he realized he was losing the case


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only then did he question the courts jurisdiction. The SC said he was gambling on the results ofthe litigation; estoppel by latches was born and he was precluded from questioning the

jurisdiction of the court. The jurisdiction of the court was left untouched. But estoppel is not theGR, it should be applied only in cases strictly analogous to Tijam vs. Sibunghanoy. The rule stillis: the lack of jurisdiction can be questioned in any stage of the proceeding even for the first time

on appeal. This is the general rule established in Calimlim vs. Ramirez.

C. Jurisdiction over the issues

When is an issue created? 1. When a material allegation is specifically denied an issue iscreated. Then the court has a reason for trial to determine which interpretation is right, todetermine who is telling the truth. A material allegation not specifically denied is deemedadmitted and there is no issue.

If the issue on a case is possession, the court has no jurisdiction to render judgment onownership. If the only issue is ownership without the parties talking about possession, the court

cannot motu proprio include possession in its judgment. To rule on possession would be to do sowithout jurisdiction on the issue.

To have an issue, a denial must be specific. Memorize Sec. 10 of Rule 8.

A defendant must specify each material allegation of fact the truth of which he does not admitand, whenever practicable, shall set forth the substance of the matters upon which he relies to

support his denial. Where a defendant desires to deny only a part of an averment, he shall specify so much of it as is true and material and shall deny only the remainder. Where adefendant is without knowledge or information sufficient to form a belief as to the truth of amaterial averment made in the complaint, he shall so state, and this shall have the effect of a

denial.

If the provisions above are not followed, you are making a general denial even if you aredenying and what is the effect of a general denial? It is an admission . Failure to follow thedenials mandated in Sec. 10 would render it no longer specific but general. There are 3 types ofdenials specified.

Blanket denial or general denial where the defendant denies all the allegations of all the paragraphs in the complaint; it is deemed an admission.

When you deny, deny every paragraph, every allegation of the complaint or of the pleading.

Suppose that par(4) of the complaint alleged that the defendant borrowed 1 million from the plaintiff. The first way of denying it is mentioning the paragraph where it is alleged. Deny it bysaying that you never borrowed money from the plaintiff. The truth of the matter being that itwas a donation. It is an absolute denial of the allegation. Another way is saying that I admit I

borrowed 1 million but the due date is till 5 years from now so it is not yet due. You admit it but by way of avoidance you say something by way of a defense. The third way is to say that youhave no sufficient knowledge of the debt. This is a disavowal that must be done in good faith


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because it is equivalent to admission if done in bad faith as a penalty for such bad faith.Memorize this concept . Be familiar with the words and the meanings of the words.

The pleadings actually will tell us the issues of the case. They will tell the controverted mattersmeaning those which are denied. 2. When the opposing counsel offers evidence not within the

issue of the case, you object. You cannot object if you do not know the issues of the case. Butsometimes there are issues being created not because of the pleading but because evidence on amatter was offered in court that was not objected to, it is as if an issue was created by the consentof the parties even if it is not in the pleadings. Sec. 5 of Rule 10. If an issue was tried with theexpress or implied consent of the parties, they shall be treated in all respects as if they hadbeen raised in the pleadings . This has been the subject of many bar exams.

Suppose an evidence for ownership was presented in a case for possession. If it is not objectedto, the court will treat the same as if raised in the pleadings and the court may now rule on theissue of ownership as well. This is the concept of implied amendment of the pleading.

Bar: There was an action to collect a sum of money. The plaintiff in the complaint did not evenstate that he made a prior demand for payment. If there is no prior demand, there is a failure tostate a cause of action because as a rule no demand, no delay unless the exceptions of 1169apply. During the trial of the case, the plaintiff presented in evidence exhibit A, a writtenextrajudicial demand to pay. The defendant did not object to that. Can the court admit exhibit Ain evidence? Yes. There was no objection, it is as if the issue of a demand has been tried by the

parties impliedly and it is as if the pleadings included a demand. What can the other party do? Hecan move to amend the pleading to incorporate the evidence in the pleading. Suppose the partydid not do so, can the court still try and include the admission of exhibit A? Yes, as if it is raisedin the pleading.

Bar: An action for ejectment did not mention a demand to vacate. During the trial there was offerof evidence of a demand to vacate. Can the pleading be amended to conform to the evidence?Yes. There was no objection from the defendant. Dean is of the opinion that the question waswrong as there is no trial in an ejectment case the same being a summary procedure.

The question should be this was. The demand was for a debt of 2 million. If the plaintiff offersevidence for 3 million, which the defendant did not object to, then the evidence was admitted.Can the court admit the evidence? Yes because the court cannot motu proprio object in behalf ofthe defendant. Inadmissible evidence will be admitted because of waiver and that waiver is

because of the failure to object. Inadmissibility can be waived by the failure to object. Can thecourt consider the 3 million? Yes, it is as if it was raised in the pleading which is deemedamended. So, as the counsel for defendant, object as to the excess of 2 million because the issueis only 2 million. Remember this concept!

Advice: offer evidence not in issue in the pleadings because the adverse party may not object toit and so such evidence may be admitted by the court. This doctrine however is not applicable toa criminal proceeding. This rule has been incorporated in the rules of criminal procedureeffective December 2000, Sections 8 and 9 in Rule 110. The life and liberty of an accused is notmade to depend upon the skill of his counsel to object.


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Sometimes issues could be created not because of the pleadings or on the failure to object. 3. Itcould be created by stipulations like in the pre-trial conference where parties limit the issues.And sometimes even during the trial the parties could already agree on the issues to be tried.Agreement could also create issues.

Sec. 6 of Art. 30

The parties to any action may agree, in writing, upon the facts involved in thelitigation, and submit the case for judgment on the facts agreed upon, without the introduction ofevidence.

If the parties agree only on some of the facts in issue, the trial shall be held as to the disputed facts in such order as the court shall prescribe.

In sum, jurisdiction over the issue can be obtained thru specific denial , failure to object to newevidence , and by agreement of the parties .

D. Jurisdiction over the res or property in litigation

This jurisdiction is mandatory in actions in rem and quasi in rem because the object of theseactions is the thing which could either be a property or the status of the parties. The courtacquires jurisdiction upon the thing or the res depending on the nature of the case. For instance,in an action for a sum of money there is yet no jurisdiction over the property, but if you apply fora writ of preliminary attachment and such writ is issued by the court, the court now acquires

jurisdiction over the property of the defendant which is now in custodia legis . The court acquires jurisdiction over the res. But there are cases where jurisdiction over the res is acquired by simplyfiling of the proper complaint . For instance, when you file an action to foreclose a real estatemortgage with the proper allegations in the complaint, then the court will acquire jurisdictionover that thing. Now if it is a foreclosure of a chattel mortgage, then the court will acquire

jurisdiction over the property if replevin or attachment of the property is made.

So jurisdiction over the res or the property is mandatory and very important in an accionin rem and in quasi in rem. While jurisdiction over the defendant is mandatory in an actionin personam . Do not forget this because this is very relevant when we talk about summons.

III. Civil Procedure

A. Actions

1. Meaning of ordinary civil actions

One by which a party sues another for the enforcement or protection of a right, or the preventionor redress of a wrong.

2. Meaning of special civil actions

Generally follow the rules on ordinary civil actions, but there are some special rules only for itsometimes. Thats why its called special.


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What is an action for rescission of a contract? Is it an ordinary civil action or a special civilaction? It is an ordinary civil action. Annulment of a contract is also an ordinary civil action.Reformation of an instrument (incapable of PE) falls under declaratory relief and other similarremedies under Rule 63. Quieting of title falls under Rule 63 not as declaratory relief but othersimilar remedies. Consolidation of ownership falls under Rule 63 but not under declaratory relief

but other similar remedies. Read the table of contents.

Saan mo ipafile ang application for preliminary attachment proceeding? Hindi mo yan pina-fileseparartely kasi yan ay provisional remedy. Ang titingnan mo ay principal remedy. Kung saanang principal remedy, doon ang application for a writ of preliminary attachment.

Saan mo ipa-file ang support pendent elite? Hindi rin yan pina-file separately kasi provisionalrememdy. Yong action for support ay sa Family Court or sa RTC kung walang FC.

Meron bang action for preliminary injunction? Theres none. Theres only action for injunction.

Which court has the jurisdiction to issue a provisional remedy? The court which has jurisdictionover the main action. Can an MTC issue a provisional remedy? Yes, if the main action is withthe MTC.

3. Meaning of criminal actions

One by which the State prosecutes a person for an act or omission punishable by law.

4. Civil actions versus Special proceedings

Special proceedings establish a status, a right, or a particular fact. They are not there for the

enforcement or protection of a right, or the prevention or redress of a wrong. If you want a person to be declared as absent, use a special proceeding; do not go to an ordinary civil action.

Features :

1. The State is interested in the proceeding

2. Proceedings are in rem

3. Rules are for expediency

4. Usually not adversarial in the traditional sense of 2 contending private parties.

Special proceedings :

1. Settlement of estate of deceased persons2. Escheat3. Guardianship and custody of children4. Trustees


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5. Adoption6. Rescission and revocation of adoption7. Hospitalization of insane patient8. Habeas corpus9. Change of name

10. Voluntary dissolution of corporations11. Judicial approval of voluntary recognition of minor natural children;

12. Constitution of family home13. Declaration of absence and death14. Cancellation of correction of entries in civil registry

5. Personal actions and real actions

A classification of actions according to foundation .

Real actions are those 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.

The rule does not define personal actions. It says all other actions not falling under real actionsare personal actions. If I file an action for damages, that is personal action; it has nothing to dowith interest or title or possession to any real property. The same with an action for collection ofa sum of money.

But not all action which deals with real property is a real action. Example: you leased anapartment belonging to me for 30k/month. A small apartment with a single room. Then afterthree months, when I came to you to collect the rental, I realized that it changed a lot, the floors

which were made of Italian marbles are now gravel and sand from Boracay, you changed them.When I asked you why, you said you wished to have an environment that is as much close tonature as possible. Then I noticed that you tore down the wall of the apartment and replacedthem with nipa wall. Everything was changed. When I realized it, I suffered from a mild heartattack. When I was revived I filed an action for damages for P5 million for destroying myapartment. Is it a real or a personal action? It is personal action . Its not about title to the

prope rty, its not about possession or interest, its about damages. He did not want to pay, heresisted so I decided to file an action for unlawful detainer so I could regain possession of the

premises. Real or personal? It is a real action because the issue is possession of real property. FEis also a real action. They are real actions in accordance with the nature of the action but they arenot real actions in accordance with the objective of the action. Actions for UD and FE are realactions but they are in personam . An in personam action could be real.

An annulment of marriage is a personal action, it has nothing to do with real property, but it is inrem. No privity of real estate is mentioned or involved. An action for recognition of myself as anatural child is in personam directed against a person but it is also personal. An action fordeclaration of nullity of marriage is in rem but it is personal.


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An action to collect a sum of money is personal and also in personam. Kasi nga directed to oragainst a particular defendant. An action for damages, personal and in personam. Cadastral andland registration case is real action and also in rem.

When the issue in the Bar exams is the venue of a complaint or an action, do not ask yourself this

way: is it personam, in rem or quasi in rem? The question is, is it real or personal ? It is theanalysis for purposes of venue.

Pag ang tanong ay what kind of summons will be proper against this non-resident? O diitatanong mo, is it in personam, in rem or quasi in rem? What summons will be used? The clerkof court will ask if its in personam, in rem or quasi in rem.

If you want to know whether in that particular case jurisdiction is necessary over the defendant,your question will be is it in rem, in personam, or quasi in rem. These principles have not beenexploited in the Bar exam because they are difficult to understand. It was only asked in 2008about partition, partition is quasi in rem. But there was a question there: how do you acquire

jurisdiction over the defendant? Holy smoke! It should not be asked because in an actionquasi in rem, jurisdiction over the defendant is not required .

Why do you need to know if an action is real or personal? In order to determine the venue. Whydo you need to know if an action is in personam, in rem or quasi in rem? So that you will know if

jurisdiction over the defendant is necessary and to determine what kind of summons will beserved.

Example. Kapag ang action ay in personam, hindi ka pwede magpadala ng summons thru publication. This is the general rule. Because this action is directed to a particular person, and asummons by publication is directed to the whole world. If the defendant was not able to read

such publication, then you still havent reached him/her. But if its an actio n in rem or quasi inrem, then publication is allowed.

6. Local and transitory actions

A real action is local, its venue depends upon the location of the property involved in thelitigation. A personal action is transitory, its venue depends upon the residence of the plaintiffor the defendant at the option of the plaintiff.

7. Actions in rem , in personam and quasi in rem

A classification of actions according to the object of the actions.Actions in r em

It is in rem when it is directed against the whole world. An action for the declaration of nullity ofmarriage is a personal action because it is not founded on real estate. It is also in rem because theissue of the status of a person is one directed against the whole world. A cadastral proceeding isan action in rem. A land registration proceeding is an action in rem. Hence, failure to give a


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personal notice to the owners or claimants of the land is not a jurisdictional defect. It is the publication of such notice that brings in the whole world as a party in the case and vests the courtwith jurisdiction.

A proceeding in personam is a proceeding to enforce personal rights and obligations brought

against the person and is based on the jurisdiction of the person, although it may involve his rightto, or the exercise of ownership of, specific property, or seek to compel him to control or disposeof it in accordance with the mandate of the court. Purpose : to impose thru the judgment of acourt some responsibility or liability directly upon the person of the defendant. No one other thanthe defendant is sought to be held liable. Example : an action for a sum of money; an action fordamages.

Actions in personam

An action in personam is not necessarily a personal action. Nor is a real action necessarily anaction in rem. An action to recover title, or possession of real property is a real action but it is an

action in personam. It not brought against a person but against at the person upon whom theclaim is made. An action for specific performance is an action in personam. An action forspecific performance and/or rescission is not an action in rem. An action for damages is a

personal action as well as an action in personam.

Actions quasi i n r em

A proceeding quasi in rem is one brought against persons seeking to subject the property ofsuch persons to the discharge of the claims assailed. An individual is named defendant and the

purpose of the proceeding is to subject his interests therein to the obligation or loan burdeningthe property. But the action is one brought against the whole world. The object is the sale or

disposition of the property whether by attachment, foreclosure or any other form of remedy.Example : action for partition; action for accounting; attachment; and foreclosure or mortgage.

B. Cause of Action

1. Meaning of cause of action

It is the act or omission by which a party violates the rights of another. There is an existence ofa right that was violated by someone who has the obligation to respect that right. In order to havea cause of action, do you have to prove the damage sustained? No need. Evidence of damage isnot found in the definition. As long as you can establish a right, and that right was violated, there

is damage automatically without need to prove it because you will be awarded anyway nominaldamages for a vindication of a right, for the recognition of the right. If you want to recover actualdamages, you have to prove the damage. You cannot recover actual or compensatory damageswithout evidence of the harm sustained.

Do you need a COA for every civil action? No. Only in ordinary civil actions are COAsmandatory. The concept of a COA ad defined in Sec.2 of Rule 2 does not always fit aspecial civil action. A declaratory relief for example, you want the court to state what your


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rights are under a law, a treaty, a statute, a deed, a will, before a violation occurs. In a COAdefinition, there is a cause of action. Here in declaratory relief, there is none. Thats why thedefinition of a COA does not fit. Also for interpleader where you are asking the court to decidewho between 2 persons is the rightful claimant. It is filed a person whose rights are not violated.He cannot just determine who among 2 persons is the rightful owner of a property being claimed

from me. There is no violation of my right. Also the definition of a COA does not apply to anadministrative proceeding. You will be charged administratively not because of a violation of aright of another but because you violated a rule. If you violated a Civil Service rule, you will becharged administratively. It does not also apply to a criminal case.

2. Right of Action versus Cause of action

The concept of COA is substantive law. A COA while defined in the ROC is not coming fromthe Rules; the essence comes from substantive law. A right of action is procedural. It is a right tofile the case . There cannot be w ROA without a COA. Article 1156 of the Civil Codeenumerates the sources of a COA: law, contracts, quasi contracts, delicts, quasi delicts, and acts

and omissions punished by law. Thats why when you are asked in civil procedure, what is the basis of your COA? Your basis will either be the law, the contract which is breached, a crimeetc.

I borrowed money from X. On the due date of the obligation I did not pay. That he has a COAagainst me? Not yet because I still have not violated his right. He has no demand to pay. If hecomes to me and demand payment but I do not pay and just turned my back, I know violate hisright to be paid upon demand. He now has a COA. If on the due date of the obligation, he comesto me and said I am reminding you of you debt to me. I did not pay. Is there a violation? No,

because it was not a demand, it was just a reminder. The demand must be clear and unequivocalrequirement to comply with an obligation. If you did not demand from me on the due date of the

obligation, the implication is that you voluntarily extended the obligation with a period. Thatswhy 1169 provides, no demand no delay.

3. Failure to state a cause of action

The allegations of a complaint run: the defendant borrowed P1M from the plaintiff. Thedefendant under promissory note hereto attached as Exh. A and forming an integral part of thecomplaint mentions that the debt is payable on Aug. 1, 2010. Until now the debt remainsunpaid Is there a correct statement of a COA? No; from the allegations, judgment cannot berendered in favor of the plaintiff because there was no allegation of a sufficient COA. You willnotice only the debt was mentioned, and the due date; it did not mention that there was demandto pay. The complaint was defective. Sa totoo, nagdemand sha pero hindi lang nya sinabi sacomplaint. Actually he has a COA, but when he made the complaint, he did not state it. Its not acase of an absence of a COA. Its a case of failure to state a COA . Aside from the demand, theallegations must also include the fact that the debt is already due and demandable. These are theelements; if incomplete, failure to state COA!


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Absence of a COA is not a ground for a motion to dismiss; it is a ground for demurrer toevidence according to the SC. Meaning there is no evidence that you do have a COA, demurrerto evidence is anchored on insufficiency of evidence.

4. Test of the sufficiency of a cause of action

Assuming that the allegations of the plaintiff are true, will the court be able to render judgmenton the basis of the allegations of the plaintiff? If the answer is yes, it is sufficient.

But when can the court not be able to render a judgment? If the elements of the COA are not present. Example: you sued me for breach of contract; what are the 2 essential elements thatmust be found in the complaint? 1. The existence of the contract; 2. The violation of the contract.It is sufficient.

The test for sufficiency of a COA is the same with the test for the validity of an information. Arethe elements of a felony mentioned in an information? If not, you cannot convict him on the

basis of that information.

5. Splitting a single cause of action and its effects

If you have 1 COA, do not divide it into several parts making each part the subject of a separatecomplaint. Example: Dean Riano was hit by a running Mr. Javier along Recto. The latterslammed into his frail 60-year old body. He laid unconscious for several minutes. The doctortold him that his left and right legs, as well as his right and left arms were broken; also 3 of hisribs were broken, and the strands of his hair were removed. Can Dean Riano file separatecomplaints for each broken part? No; that would be splitting.

In every COA, there is a primary relief sought and the others are incidental reliefs. Example: youfile an action for collection for a sum of money P500,000; this is the main claim, the payment ofthe principal; but then there was a stipulation to the interest; there was no payment of theinterest; so there was a claim for the interest; if you file for the recovery of P500,000 and anotherfor the interests, theres a clear case of splitting of a COA. You only have to f ile a singlecomplaint for this.

Bar: An action to recover shares of stock was filed. After it was recovered thru a final judgment,an action for the recovery of dividends received by the defendant was also filed. Was theresplitting of a single COA? Yes; the 1 st action should have included the recovery of dividends onthe shares.

City of Bacolod vs. San Miguel Brewery: the city filed an action to recover from SMB unpaidlocal taxes which have not been paid for a long time despite assessments sent; the court decidedin favor of the city; SMB, when it received the decision, paid the taxes; 3 months after, the wise

boys of the city remembered something: that SMB did not pay the surcharges and the penaltiesof the overdue taxes; the reason is they did not include in their prayer such recovery; so theyfiled an action to recover those surcharges on the taxes paid; the issue that went to the SC is verysimple: was the 2 nd suit already barred by the judgment on the 1 st suit? The answer is yes. Kung


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nagclaim ka ng recovery of taxes dapat pati surcharges isinama mo na sa pag claim sa 1 st case,they belong to a single COA.

Case, Labitoria: there was a case for partition against co-heirs; the one who filed the partitioncase already introduced improvements on the property but since it was owned in common he

later on decided to take the part belonging to him; the court ordered the partition; after partitionwhere the improvements went to the other heirs, he filed an action to recover the improvementson the property. The 2 nd suit was barred . It should have been included in the 1 st suit, he shouldhave prayed for the recovery of the improvements introduced or its expenses when he filed theaction for partition.

Actions actually have a main part and an incidental part. If you split the incidental part from themain part, that is splitting.

Sometimes a single act gives rise to distinct COAs. An act of negligence causing physicalinjuries is a COA under quasi-delict, culpa criminal, or independent civil action. A single act

gives rise to many COAs because the sources are different provisions of the law. You can pursuethem separately and there is no splitting of a COA because they are distinct COAs with different bases.

A split COA filed may be dismissed for litis pendentia. It could also be barred by res judicata.The rule does not say which case will be dismissed, the 1 st one filed or the second, the rule issilent. It could also be dismissed for forum shopping, in which all cases will be dismissed.

Bar : While cruising on a highway, a taxi cab driven by Miles hit an electric post. As a resultthereof, its passenger Joey suffered serious injuries. Miles, the driver, was subsequently charged

before the MTC with reckless imprudence resulting in serious physical injuries. Thereafter, Joey

filed a civil action against Lourdes, the owner of the taxi cab for breach of contract of carriageand also against Miles for quasi-delict. Lourdes and Miles filed a motion to dismiss the civilactions on the ground of litis pendentia, that is the pendency of the civil action impliedlyinstituted in the criminal action for reckless imprudence. Is there litis pendentia? None. Theaction for breach of contract against the taxi owner cannot be barred by the criminal actionagainst the driver. The civil action for quasi-delict against the driver is a separate civil actionunder Art. 33 of the CC. They can be filed separately and may proceed independently of thecriminal action and regardless of the results of the latter.

An obligation that is divisible gives rise to separate causes of actions. Example: an obligation payable in installments; each installments that will not be paid can be a source of a distinct COA.But if you wait for 5 defaults before filing the action on the 6 th default, then you can no longerfile an action for each, you have to lump in one action all the previous defaults.

The doctrine of anticipatory breach : if there are 12 installments and on the 1 st installment thedebtor already said that he can never ever pay any installment, you cannot file an action for all12 installments, only 1 installment because of the doctrine of anticipatory breach. Only 1 actioncan be filed even if there are divisible obligations. The rationale being to avoid court dockets to

be clogged. Ang marami pwedeng pag-isahin pero ang isa hindi pwedeng paramihin.


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6. Joinder and misjoinder of causes of action

Presupposes there are several COAs that you could combine in 1 complaint. It is different fromconsolidation, you dont call it consolidation .

Requisites of Joinder of Causes of Action:

a. The party joining the causes of action shall comply with the rules on joinder of parties ;(applicable only if there are several plaintiffs or several defendants; example: 1 plaintiff vs.several defendants or several plaintiffs vs. 1 defendant; several plaintiffs vs. several defendants)

b. The joinder shall NOT include special civil action or actions governed by special rules;

c. Where the causes of action are between the same parties but pertain to different venues or jurisdiction, the joinder may be allowed in the RTC provided one of the causes of action fallswithin the jurisdiction of the RTC and the venue lies therein;

d. Where the claims in all the COA are principally for recovery of money, the aggregate amountclaimed shall be the test of jurisdiction.

If given a problem on joinder, immediately look at the number of parties . if there is only 1 plaintiff and 1 defendant, go to the 2 nd requirement of the Rule. Skip the first. The keyword is aone-on-one situation . Example: Pedro filed an action against D. This is one-on- one, dont lookat joinder of parties. But if it says: several plaintiffs vs. 1 defendant or 1 plaintiff vs. severaldefendants, look at joinder of parties ( ramble situation ).

Plaintiff vs. Defendant. Defendant owes P P350,000 on a separate promissory note. He also

have another PN in favor of P for P375,000. And another separate PN for P200,000. And anotherfor P100,000. How many COA are there if all the debts fall due and demands have been made but unable to pay? Four because each PN is a separate obligation. Can P file separate suits? Yes.But there can be also only 1 action filed against the defendant; this is a proper subject of joinder.Whether or not they come from different transactions is totally immaterial because this is a one-on-one situation. If filed under 1 complaint, you follow the totality rule so RTC will have

jurisdiction.

Suppose that the defendant is also a lessee of P who has failed to pay rentals and there hasalready been a demand to pay and vacate, can this action be joined with the action above? No.There is now UD which is a special civil action expressly prohibited by the 2 nd rule on joinder of

COAs. Suppose there are 4 defendants, all neighbors who owe P amounts of money; demand has beenmade, but still did not pay. Can P join them in one complaint? Now you look at the rule on

joinder of parties, Sec. 6 of Rule 3.

Requisites of Permissive Joinder of Parties :


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1. Right to relief arises out of the same transaction or series of transactions, whether jointly,severally, or in the alternative;

2. There is a question of law or fact common to all the plaintiffs and defendants;3. Such joinder is not otherwise proscribed by the provisions of the Rules on jurisdiction

and venue.

The above are separate PNs executed by different people, these are transactions totallyunrelated to each other, therefore they cannot be joined. You have to file separate complaintsagainst the defendants.

The perfect example would be: 2 injured passengers of a bus filing 1 complaint for quasi-delictagainst the driver. There are 2 distinct COAs, passenger 1 can sue the driver under his owncomplaint, and passenger 1 can sue the driver under his own complaint. But they can join as

plaintiffs under 1 complaint against the driver. You have now to comply with the rule on joinderof parties because this is no longer a non-on-one situation. There are now 2 plaintiffs against 1defendant. The rule says the plaintiffs must be related under a single transaction or a series of

transactions , and there must be a common question of law or of fact . Where they injured undera single accident? Yes. Same transaction. Could there be a common question of law or of fact?Yes- whether the driver was negligent. So, there can be a joinder.

But in the course of the action where he hit an electric post, he hit another car with passengerC who was injured; the circumstances of C are not the same with the circumstances of the 2earlier passengers; the joinder is not clear.

Another example is recovery of money under a PN signed by 4 joint debtors. The plaintiff ,ayfile a separate complaint against each debtor but he can only recover as to that debtors art of thedebt. He can also join all COA in a single complaint against all joint debtors.

Can you join an action for rescission of a contract with an action to collect a sum of money?Say rescission of a contract of a sale of a car. Yes. They are on ordinary actions. Nothing there isa special civil action. What are the special civil actions

Types of Special Civil Actions :

1. Mandamus2. Interpleader3. Certiorari4. Contempt5. Prohibition6. Eminent Domain7. Declaratory Relief8. Quo warranto9. Partition of real estate10. Foreclosure of mortgage11. Unlawful detainer


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l. Forcible Entry

If it is a one-on-one case, do not anymore look at the rule on joinder of parties, look if there isa special civil action. If there is, then it must be severed.

A joinder of COA and of parties is not compulsory. It is permissive.

C. Parties to Civil Actions

Is the word plaintiff always the original plaintiff? No. can the original defendant become the plaintiff in the same proceeding? Yes; when he file a counterclaim, a cross-claim, a third-partycomplaint, he is a plaintiff in that sense. The original plaintiff also becomes a defendant in theseinstances.

Who may be parties to a civil action? Can a natural person be a party? Yes. Can a juridical person be a party? Yes. Can some neither natural nor juridical person be a party? Only natural

persons , or juridical persons , or entities authorized by law may be parties to a civil action.Under the Labor Code, a labor organization duly registered in accordance by the Code can filesuits.

Know the concept of real parties in interest, their definition will be in the exams, DeanRiano can feel it .

1. Real Parties in interest; Indispensable parties; Representatives as parties; Necessaryparties; Indigent Parties; Alternative defendants

Real parties in interest

Parties who stand to be benefited or injured by the judgment in the suit, or the parties entitled tothe avails of the suit.

Its not enough to be a natural person, its not enough to be a juridical person, its not enough to be an entity authorized by law, in order to sue or be sued or be a party to a civil action. What isimportant is you have to be a real party in interest.

There are 2 general types of real parties in interest:

i.) The indispensable parties

Ang indispensable party hindi pwedeng wala; kung wala sya, there will never be a finaldetermination of the case. The keywords there will be final determination . When the party isindispensable there is a compulsory joinder.

ii.) The necessary parties .


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Should an action be prosecuted and defended by the real party in interest? No. In the name ofthe real party in interest , not by, but in his name. Example: minors sue with the assistance of

parents or guardians, not thru their parents or guardians.

4. Class Suit

You will be asked to determine if a class suit exists. You go by definitions. Sec. 13 of Rule 3.When the subject matter of the controversy is one of common or general interest to many personsso numerous that is it impracticable to join all as parties, a number of them which the court findsto be sufficiently numerous and representative as to fully protect the interests of all concernedmay sue or defend for the benefit of all. Any party in interest shall have the right to intervene to

protect his individual interest.

Requisites of a Class Suit :

1. Subject matter of the controversy is one of common or general interest to many

persons ; (this will be the focal point of the Bar)2. Parties affected are so numerous that it is impracticable to bring them all to the court;3. Parties bringing the class suit are sufficiently numerous or representative of the class

and have the legal capacity to file the action.

Example: Wowowee stampede some years ago where more than 70 people died. Assuming thereis an average of 20 heirs per person who died, then it would be 20x70 plus, they would benumerous. The heirs of those who died, assuming they filed a class suit against ABS-CBN; isthere a class suit? No. The law says common or general interest in the subject matter , not theissue or the question or the facts. Each person who died is a separate SM. Each lola who died isnot a common or general lola to the other heirs.

Example: Each fisherman in Guimaras affected by the oil spill in the area has a separate interestas to his income. He is not interested in the income of other fishermen. A class suit is not

possible. Remedy is to file individual suits and have them consolidated.

Example: Princess of the Stars, June 2008. There is no class suit.

Case: A barrio that put up a big wooden coin bank for the common fund of everyone. Each person who has extra coins will drop them in that wooden bank. It has been there for 7 years thateach depositor can no longer identify his contribution and how much. One day, the coin bankdisappeared. The treasurer also disappeared. When he was found, the entire barrio filed a class

suit against him for an action to recover the giant coin bank. Is it proper? Yes. There is acommon interest; each barrio folk can no longer identify his share in the coin bank. Thekeyword is if you can no longer identify what is yours . Your interest is merged with theinterests of others, then there is common or general interest.

Opposa vs. Factoran: the basis of the class suit is the protection of the environment. There is aclass suit even in the name of future generations, there is intergenerational responsibility. The

plaintiffs, in behalf of the generations yet to come, filed a class suit against then DENR Secretary


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Fulgencio Factoran to prevent the rape of the forests and the environment and recall all timberlicenses issued before and to prevent issuance of more licenses. The issue that went to court is, isthere class suit? The SC, thru Justice Davide, said yes because there was a common or generalinterest in the SM which is the environment and the natural resources. Can you identify which isyours in the environment and the natural resources? No.

Newsweek vs. IAC: a case involving the sugar planters and barons in Negros Occidental. Severalwriters of Newsweek Asia visited the place and they wrote an article about the exploitation of the

plantation workers. It was written in such a fashion that every sugar planter would really shrinkin shame and would feel like fading in a wall. The title of the article is Island of Fear . It showedhow the sakada were living in a very pitiful condition. They would earn 1 peso a day but 45cents of that 1 peso would go back to the landowners as payment of their debts. It was outlined inthe article which hurt the feelings of the sugar planters and their families. They came together tofile a class suit against Newsweek Asia. Was there a class suit? No problem with their number,what about the common or general interest? The SC said none. Each sugar planter is onlyconsidered with his own reputation, he is not concerned with the reputation of the other

planters. There is no common or general interest in eachs reputation. No class suit. Mathay vs. Consolidated Corporation: this has not yet come out in the exams. There was a widetract of land divided into lets say 1,000 equal squares at 100sm each. Each square is occupied bya family composed of ten. They have been living there for many years to wake up 1 day to findeach of them given a note to vacate because the land and the parcels of land were already titledin the name of a corporation named Land Grabbing Corporation with a primary purpose of landgrabbing. They filed a suit for reconveyance. Is there a class suit? None. Each family has interestonly on the land it occupies. There is no common or general interest.

Bar: an airplane carrying 200 passengers crashed somewhere in the jungles of Agusan. All the

passengers and crew perished. The relatives of the fatalities filed for themselves and in behalf ofall the relatives in the mishap a class suit for damages totaling 5M pesos against the airline. The propriety of the class suit is questioned by the defendant. Is there a class suit? None . Becausethere is no common or general interest in the SM of the controversy. Each of the plaintiffs has aseparate claims for damages.

Bar, 1994: 400 residents of Barrio Ramos initiated a class action suit thru Albert, a former mayorof the town, to recover damages sustained due to their exposure to toxic wastes and fumesemitted by the cooking gas plant of a top fuel corporation located at the town. Is the class suit

proper? None. No common general interest in each others illness.

5. Suits against entities without juridical personality

There are friends, A, B and C who owns a motor shop operating under the name Macho BoysCorporation. The truth is the latter is not registered with the SEC, no such corporation, it has not

juridical personality. They were able to borrow 2M from XYZ Bank. They were not able to paythe loan so the bank sued them as Macho Boys Corp. Their defense was that the complaintcannot state a COA because it cannot sue somebody which has no legal capacity. Can they besued under the name MBC? Yes (Sec. 15). But if it was somebody who borrowed money from


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them, can they sue under the name MBC? No because they have no legal capacity to sue. Whowill be eventually liable? The 3 of them thats why when they file their answer, they must statetheir names and addresses because they will be the ones liable.

6. Effect of death of party litigant

Let us assume that there is a case going on and the defendant died during the pre-trial. First, thecourt will be notified, within 30 days from the death, by the counsel of the deceased, it is hisduty. What will the court do? The court will ask itself: is this an action that survives the death ofa party? Or is this an action that is extinguished by the death of a party? Then the court will lookat the nature of the case. If it is say an action for legal separation, the court will dismiss it, noneed to go on. If it is say money claim, it survives. Claims against property survives even claimsagainst UD cases survive. If the plaintiff wants to continue it, it can be continued because once

jurisdiction has attached, it remains with the court until the termination of the proceedings,adherence of jurisdiction. So if it is a money claim against the defendant, the court will call thelawyer of the deceased and ask for a substitute such as the heir. But you cannot force the heir to

substitute the deceased, in this case the lawyer must get an administrator for purposes of that suit.If the defendant cannot produce an administrator, the plaintiff can procure it. Pwedeng masingillater on sa judgment. Tuloy ang kaso. Judgment against the deceased thru a substitute. Can youfile a motion for the execution of the judgment if you were the plaintiff who won the case? No .the judgment should be presented as a claim against the estate . Special proceedings will comein. do not ask for a writ of execution. Rule 86.

A claim of real property will not be extinguished. Thats why the next step is substitution. Thesubstitute will fall under the jurisdiction of the court not thru summons, but thru the order ofsubstitution . This is an instance where jurisdiction over the person will apply even if there is nosummons- when the defendant dies.

It is the same if it was the plaintiff who died. The rules work both ways. Example: the plaintiffdies in an action to recover a sum of money, the defendant cannot rejoice because he has no debtanymore.

Transcribed Baste Lectures Part II

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