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A. Before a judgment becomes final and executory:
1) MFR;
2) MNT;
3...
UP 2008Civpro Barops Reviewer
From Joseph Plazo, Ph.D
Civ
From imperial87
1
CIVIL PROCEDURER
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 NOT be applicable to the following,
except
by analogy or in a suppletorycharacter, and whenever practicable and convenienta.Election cases; b.Land registration;c.Cadastral proceedings;d.Naturalization proceedings; ande.Insolvency proceedings
R
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
EQUISITES
OF
J
OINDER
OF
C
AUSES
OF
A
CTION
:a.The party joining the causes of action shall comply with the rules on joinder of parties; 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;3.Where the claims in all the causes of action are principally for recovery of money, the aggregateamount claimed shall be the test of jurisdiction.4. Misjoinder of causes of action NOT a ground for dismissal; the action may, on motion or
motu proprio
, be severed and proceeded with separately.
R
ULE
3 P
ARTIES
TO
C
IVIL
A
CTIONS
1.C
LAIMS
THAT
S
URVIVE
THE
D
EATH
OF
A
P
ARTY
:a.Actions to recover real and personal property against the estate; b.Actions to enforce liens thereon;c.Actions to recover for injury to persons or property by reason of tort;d.Actions to recover money arising from contract, express or implied.2. Death of defendant in action on contractual money claims before judgment of RTC NOT ground for dismissal. Action continues until entry of final judgment. Any judgment against estate of deceased will be enforced as money claim. Writ of preliminary attachment, if any, not dissolved.3. R
EQUISITES
OF
P
ERMISSIVE
J
OINDER
OF
P
ARTIES
:a.Right to relief arises out of the same transaction or series of transactions, whether jointly,severally, or in the alternative; b.There is a question of law or fact common to all the plaintiffs and defendants;c.Such joinder is not otherwise proscribed by the provisions of the Rules on jurisdiction andvenue.4.R
EQUISITES
OF
A
C
LASS
S
UIT
:a.Subject matter of the controversy is one of common or general interest to many persons; b.Parties affected are so numerous that it is impracticable to bring them all to the court;c.Parties bringing the class suit are sufficiently numerous or representative of the class and havethe legal capacity to file the action.5. T
RANSFER
OF
I
NTEREST
2
Action may be continued by or against the original party, unless the court, on motion, directsthe transferee to be substituted in the action or joined 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.
R
ULE
4 V
ENUE
O
F
A
CTIONS
* Uniform rule on venue in RTC and MTC
1.V
ENUE
OF
REAL
ACTIONS
– in the proper court which has jurisdiction over the area wherein
real property involved or a portion thereof is situated
.2.V
ENUE
FOR
FORCIBLE
ENTRY
AND
DETAINER
ACTIONS
– in the MTC of the municipality or city wherein
thereal property or a portion thereof is situated.
3.V
ENUE
OF
PERSONAL
ACTIONS
– 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-residentdefendant
where he may be found
, at the election of the plaintiff.
NOTE:
“residence” means place where party actually resides at time of action; does NOT mean permanent home or domicile.4.Action against non-resident not found in the Philippines
a.
A
CTION
A
FFECTS
THE
P
LAINTIFF
’
S
P
ERSONAL
S
TATUS
- in the court of the place where the plaintiff resides.
b.
A
CTION
A
FFECTS
A
NY
P
ROPERTY
OF
THE
D
EFENDANT
IN
THE
P
HILIPPINES
- where the property or any portion thereof is situated or found.5.Rules on Venue shall NOT apply:
a.
In those case where a specific rule or law provides otherwise (
e.g.,
civil case for damages incases of libel, where Article 360 of RPC provides specific rules on venue); OR b.Where the parties have validly agreed IN WRITING before the filing of the action on theEXCLUSIVE venue thereof.
In 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.The procedure in the MTCs shall be the same as that in the RTC.2.Uniform Procedure shall NOT be applicable:a.Where a particular provision expressly or impliedly applies only to either of said courts. b.In civil cases governed by the Rule on Summary Procedure.
R
ULE
6 K
INDS
OF
P
LEADINGS
1.
Negative Defense
– specific denial of the material fact or facts alleged in the pleading of theclaimant essential to his cause of action.2.
Affirmative defense
– an allegation of a new matter which, while hypothetically admitting thematerial allegations in the pleading of the claimant, wouldnevertheless prevent or bar recovery by him. Includes:a.Fraud b.Statute of limitationsc.Released.Paymente.Illegalityf.Statue of fraudsg.Estoppelh.Former recoveryi.Discharge in bankruptcy
3
j.Any other matter by way of confession or avoidance.3.
Compulsory counterclaim
– R
EQUISITES
:a.Arises out of or is necessarily connected with the transaction or occurrence which is thesubject matter of the opposing party’s claim;
b.
Does not require for its adjudication the presence of 3
rd
parties of whom the court cannotacquire jurisdiction; and
c.
Must be within the jurisdiction of the court both as to the nature and the amount,
except
that inan ORIGINAL action in the RTC, the counterclaim may be considered regardless of theamount.
Agustin vs. Bacalang
A court (if MTC) has no jurisdiction to hear and determine a set-off or counterclaimin excess of its jurisdiction. A counterclaim beyond the court’s jurisdiction may only be pleaded by way of defense, the purpose of which is to defeat or weaken the plaintiff’s claim, but NOT to obtain affirmative relief. MOREOVER, the amount of judgment obtained by thedefendant
on appeal
cannot exceed the jurisdiction of the court in which the action began.Since the trial court did not acquire jurisdiction over the counterclaim in excess of the jurisdictional amount, the appellate court likewise did not have jurisdiction over the same. Insuch a case, the award in excess of the jurisdiction of the trial court is void.
Calo vs. Ajax
A counterclaim, even if otherwise compulsory, but amount exceeds the jurisdiction of the inferior court, will only be considered permissive. Hence, fact that it is not set-up in theinferior court will not bar plaintiff from instituting a separate action to prosecute it.
R
ULE
7 P
ARTS
OF
A
P
LEADING
1.
F
ORMAL
R
EQUIREMENTS
OF
P
LEADINGS
:a.Caption b.Titlec.Body divided into headings and paragraphsd.Body divided into headings and paragraphse.Signature and addressf.Verification in some cases
2.
Signature of the lawyer constitutes a certification by him that:a.He has read pleading b.To the best of his knowledge, information, and belief, there is good ground to support itc.It is not interposed for delay.3. H
OW
A
P
LEADING
IS
V
ERIFIED
: By an affidavit stating thata.Affiant (person verifying) has read the pleading
b.
Allegations therein are true and correct as of his
personal knowledge or based on authenticrecords
. (SC Circular 48-2000,
effective
May 1, 2000)4.A pleading required to be verified which:a.Contains a verification based on “information and belief”, OR b.Contains a verification based on “knowledge, information and belief,” OR c.Lacks a proper verification
Shall be treated as an unsigned pleading.
5.
What pleadings have to be verified:a.Petition for relief from judgment (38.3) b.Appeal by certiorari from CA to SC (45.1)c.Complaint with prayer for preliminary attachment (57. 3)d.Complaint for injunction (58.4)e.Complaint for replevin (60.2)
of 00
Civil Procedure
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