Notes in Civil Procedure
If you cannot pay, apply as an indigentlitigant. If approved by the court you canfile an action without paying docket feesand you can have the transcript ofstenographic notes for free. If your winthe case, that would be the time that you’ll pay the docket fees.While the complaint is filed and thesubject matter is in accordance with the jurisdiction of the court, the courtacquires jurisdiction of the complaint.The moment a complaint is filed, the courtautomatically acquires jurisdiction overthe person of the plaintiff. REASON: theplaintiff goes to court and asks foraffirmative relief. The plaintiffvoluntarily submit himself to the jurisdiction of the court. The running ofthe prescriptive period for the cause ofaction stops when the complaint has beenfiled.
A plaintiff residing in Melbourne,Australia had business partners in thePhilippines who don’t give him financialstatement of the business. He hired alawyer in the Philippines. The lawyer filedan action for accounting and damages. In1981, there is no need to sign acertification of forum shopping. Thedefendants in the Philippines filed amotion to dismiss on the ground that thecourt did not acquire jurisdiction over theplaintiff. Should the motion to dismiss begranted?
The motion to dismiss should bedenied. It is well settled proceduralprinciple that jurisdiction over theplaintiff is acquired by the filing of thecomplaint. The facts of the case clearlyindicate that the complaint was filed.Hence, the court acquires jurisdictionover the plaintiff.
REMEMBER THE RULE! WAGMAGPALITO! GANDAHAN ANGPRESENTATION!
G) DISMISSAL BY THE PLAINTIFF –RULE 17H) AMENDMENT OF COMPLAINT –RULE 10
II. SUMMONS – RULE 14
Who files the complaint? PLAINTIFFWho sends summons? CLERK OF COURT.The clerk of court sends the summons.Why do you need summons? So that thecourt can have jurisdiction over theperson of the defendant and to complywith the constitutional requirement ofprocedural due process through validservice of summons.A) Section 6 Rule 14 Service inthe person of the defendant NOT personal service.Personal service appears in Rule 13but not in summons. It would bewrong to say service of summonsby personal service.B) Substitute service Section 7Rule 14C) Summons by publication Section14, 12, 16 Rule 14What does summons tell you? Summonstell you to file an answer within thereglamentary period.
III. ANSWER – RULE 6