Welcome to Scribd, the world's digital library. Read, publish, and share books and documents. See more
Download
Standard view
Full view
of .
Save to My Library
Look up keyword
Like this
0Activity
0 of .
Results for:
No results containing your search query
P. 1
Civil Procedure

Civil Procedure

Ratings: (0)|Views: 3,053 |Likes:
Published by Nowhere Man

More info:

Published by: Nowhere Man on Jul 07, 2009
Copyright:Attribution Non-commercial

Availability:

Read on Scribd mobile: iPhone, iPad and Android.
download as DOC, PDF, TXT or read online from Scribd
See more
See less

03/31/2014

pdf

text

original

 
1
CIVIL PROCEDURE
ULE
 1 G
ENERAL
 P
ROVISIONS
1.
Civil action
 one by which a party sues another for the enforcement or protection of a right, or the prevention or redress of a wrong; may be ordinary or special
Criminal action
 one by which the state prosecutes a person for an act or omission punishable  by law
Special proceeding 
 remedy by which a party seeks to establish a status, a right, or a  particular fact2. Rules of Court shall !" be applicable to the following,
except 
 by analogy or in a suppletory character, and whenever practicable and convenienta.#lection cases; b.$and registration;c.Cadastral proceedings;d.aturali%ation proceedings; and e.&nsolvency proceedings
ULE
 2 C
AUSE
 
OF
 A
CTION
1.
Cause of action
 – an act or omission by which a party violates the right of another 2.
#'(&)&"#)
 
!*
 +
!&#R 
 
!*
 C
-()#)
 
!*
 -
C"&!
a."he party /oining the causes of action shall comply with the rules on /oinder of parties; b."he /oinder shall !" include special civil action or actions governed by special rules;c.0here the causes of action are between the same parties but pertain to different venues or  /urisdiction, the /oinder may be allowed in the R"C provided one of the causes of action falls within the /urisdiction of the R"C and the venue lies therein;.0here the claims in all the causes of action are principally for recovery of money, the aggregate amount claimed shall be the test of /urisdiction.. 3is/oinder of causes of action !" a ground for dismissal; the action may, on motion or
motu  proprio
, be severed and proceeded with separately.
ULE
 3 P
ARTIES
 
TO
 C
IVIL
 A
CTIONS
1.C
$-&3)
 
"4-"
 )
(R5&5#
 
"4#
 
#-"4
 
!*
 
-
 6
-R"7
a.-ctions to recover real and personal property against the estate; b.-ctions to enforce liens thereon;c.-ctions to recover for in/ury to persons or property by reason of tort;d.-ctions to recover money arising from contract, e8press or implied.2. eath of defendant in action on contractual money claims before /udgment of R"C !" ground for dismissal. -ction continues until entry of final /udgment. -ny /udgment against estate of deceased will be enforced as money claim. 0rit of preliminary attachment, if any, not dissolved. .
#'(&)&"#)
 
!*
 6
#R3&))&5#
 +
!&#R 
 
!*
 6
-R"&#)
a.Right to relief arises out of the same transaction or series of transactions, whether /ointly, severally, or in the alternative; b."here is a 9uestion of law or fact common to all the plaintiffs and defendants;c.)uch /oinder is not otherwise proscribed by the provisions of the Rules on /urisdiction and venue..
#'(&)&"#)
 
!*
 
-
 C
$-))
 )
(&"
a.)ub/ect matter of the controversy is one of common or general interest to many persons; b.6arties affected are so numerous that it is impracticable to bring them all to the court;c.6arties bringing the class suit are sufficiently numerous or representative of the class and have the legal capacity to file the action.:. "
R-)*#R 
 
!*
 &
 "#R#)"
 
2
 
-ction may be continued by or against the original party, unless the court, on motion, directs the transferee to be substituted in the action or /oined with the original party; however, if transfer is made before commencement of the action, the transferee must necessarily be the  party, since only he is the real party in interest.
ULE
 4 V
ENUE
 O
F
 A
CTIONS
* Uniform rule on venue in RTC and MTC 
1.5
#(#
 
!*
 
R#-$
 
-C"&!)
 – in the proper court which has /urisdiction over the area wherein
real property involved or a portion thereof is situated 
.2.5
#(#
 
*!R 
 
*!RC&$#
 
#"R7
 
-
 
#"-&#R 
 
-C"&!)
 – in the 3"C of the municipality or city wherein
the real property or a portion thereof is situated.
.5
#(#
 
!*
 
6#R)!-$
 
-C"&!)
 – 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.
 !T"#
 =residence> means place where party actually resides at time of action; does !" mean  permanent home or domicile..-ction against non<resident not found in the 6hilippines
-
.-
C"&!
 -
**#C")
 
"4#
 6
$-&"&**
?
)
 6
#R)!-$
 )
"-"()
 < in the court of the place where the  plaintiff resides.
.-
C"&!
 -
**#C")
 -
 7
 6
R!6#R"7
 
!*
 
"4#
 
#*#-"
 
&
 
"4#
 6
4&$&66&#)
 < where the  property or any portion thereof is situated or found.:.Rules on 5enue shall !" applya.&n those case where a specific rule or law provides otherwise @
e.g.$
 civil case for damages in cases of libel, where -rticle AB of R6C provides specific rules on venue; !R  b.0here the parties have validly agreed & 0R&"&D before the filing of the action on the #EC$()&5# venue thereof.
&n this instance, the action can only be filed in the place agreed upon even if the other  place is the place of residence of the parties or the location of the real property involved.
R
ULE
 5 U
NIFORM
 P
ROCEDURE
 
IN
 T
RIAL
 C
OURTS
1."he procedure in the 3"Cs shall be the same as that in the R"C. 2.(niform 6rocedure shall !" be applicablea.0here a particular provision e8pressly or impliedly applies only to either of said courts. b.&n civil cases governed by the Rule on )ummary 6rocedure.
ULE
 6
INDS
 
OF
 P
LEADINGS
1.
 egative %efense
 specific denial of the material fact or facts alleged in the pleading of the claimant essential to his cause of action.2.
 &ffirmative defense
 – an 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. &ncludesa.*raud b.)tatute of limitationsc.Released.6aymente.&llegalityf.)tatue of fraudsg.#stoppelh.*ormer recoveryi.ischarge in bankruptcy
 
3
 /.-ny other matter by way of confession or avoidance..
Compulsory counterclaim
 – R 
#'(&)&"#)
a.-rises out of or is necessarily connected with the transaction or occurrence which is the sub/ect matter of the opposing party?s claim; b.oes not re9uire for its ad/udication the presence of
rd
 parties of whom the court cannot ac9uire /urisdiction; and c.3ust be within the /urisdiction of the court both as to the nature and the amount,
except 
 that in an !R&D&-$ action in the R"C, the counterclaim may be considered regardless of the amount.
 
 &gustin vs. 'acalang 
 - court @if 3"C has no /urisdiction to hear and determine a set<off or counterclaim in e8cess of its /urisdiction. - counterclaim beyond the court?s /urisdiction may only be  pleaded by way of defense, the purpose of which is to defeat or weaken the plaintiff?s claim,  but !" to obtain affirmative relief. 3!R#!5#R, the amount of /udgment obtained by the defendant
on appeal 
 cannot e8ceed the /urisdiction of the court in which the action began. )ince the trial court did not ac9uire /urisdiction over the counterclaim in e8cess of the  /urisdictional amount, the appellate court likewise did not have /urisdiction over the same. &n such a case, the award in e8cess of the /urisdiction of the trial court is void.
 
Calo vs. &(ax
 - counterclaim, even if otherwise compulsory, but amount e8ceeds the /urisdiction of the inferior court, will only be considered permissive. 4ence, fact that it is not set<up in the inferior court will not bar plaintiff from instituting a separate action to prosecute it.
ULE
 7 P
ARTS
 
OF
 
A
 P
LEADING
1.
*
!R3-$
 R 
#'(&R#3#")
 
!*
 6
$#-&D)
a.Caption b."itlec.ody divided into headings and paragraphsd.ody divided into headings and paragraphse.)ignature and addressf.5erification in some cases
2.
)ignature of the lawyer constitutes a certification by him thata.4e has read pleading b."o the best of his knowledge, information, and belief, there is good ground to support itc.&t is not interposed for delay.. 4
!0
 
-
 6
$#-&D
 
&)
 5
#R&*&#
 y an affidavit stating thata.-ffiant @person verifying has read the pleading b.-llegations therein are true and correct as of his
 personal )nowledge or based on authentic records
. @)C Circular F<2BBB,
effective
 3ay 1, 2BBB.- pleading re9uired to be verified whicha.Contains a verification based on =information and belief>, !R  b.Contains a verification based on =knowledge, information and belief,> !R c.$acks a proper verification
)hall be treated as an unsigned pleading.
5.
0hat pleadings have to be verifieda.6etition for relief from /udgment @F. b.-ppeal by certiorari from C- to )C @:.1c.Complaint with prayer for preliminary attachment @:G. d.Complaint for in/unction @:F.e.Complaint for replevin @AB.2

You're Reading a Free Preview

Download
/*********** DO NOT ALTER ANYTHING BELOW THIS LINE ! ************/ var s_code=s.t();if(s_code)document.write(s_code)//-->