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
Bayona/Cadorna/Dolot 4 Civ Pro -Eleazar A2016
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
Bayona/Cadorna/Dolot 5 Civ Pro -Eleazar A2016
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
Bayona/Cadorna/Dolot 7 Civ Pro -Eleazar A2016
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
III. Civil Procedure
Bayona/Cadorna/Dolot 8 Civ Pro -Eleazar A2016
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
III. Civil Procedure
Bayona/Cadorna/Dolot 9 Civ Pro -Eleazar A2016
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.
III. Civil Procedure
Bayona/Cadorna/Dolot 10 Civ Pro -Eleazar A2016
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.
III. Civil Procedure
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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]
III. Civil Procedure
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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.
III. Civil Procedure
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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
III. Civil Procedure
Bayona/Cadorna/Dolot 14 Civ Pro -Eleazar A2016
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
III. Civil Procedure
Bayona/Cadorna/Dolot 15 Civ Pro -Eleazar A2016
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
III. Civil Procedure
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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
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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, Rule IV (Venue)
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, Rule IV (Venue)
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.
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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;
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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:
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(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.
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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.
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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