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Laggui Remedial Reviewer

Laggui Remedial Reviewer

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Categories:Business/Law
Published by: Sui on Jul 23, 2011
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10/07/2012

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CIVIL PROCEDURE[LAGGUI REVIEWER]TRANSCRIBED GALLY NOTES WITH RENE NOTESBY:RENE CALLANTARULE IQ
. When does an action deemed commenced?
A.
An action is deemed commenced upon the filing of the complaint. This is the provision of theold rule. But this old rule that an action is deemed commenced as of the date the complaint is filedhas been amended to include a provision which envisions a case when the action is already filedand is amended to include an additional defendant.
Example:
 The case was filed Dec.2, 1997 by A against B only. Under this rule, the action is deemedcommenced on Dec. 2, 1997 in so far as only A and B are concerned. On Dec. 3, 1997 A filed anamended complaint including now C.
Q
. When is this action deemed commenced?
A
. Insofar as A and B are concerned; the action is deemed commenced on Dec. 2, 1997. Butinsofar as it concerns A and C, the action is deemed commenced on Dec. 3, 1997 (as to C).
Q.
Why do we distinguish the date of commencement of an action in this situation where there isan additional defendant?
A
. Because we have the law on prescription.At the time the case was filed on Dec. 1, 1997, the action against B may not yet have prescribed.But when the complaint was amended on Dec. 3, 1997, the action of A against B and C may havealready prescribed. That is why it is necessary to consider the situation like this when the action isbeing commenced with respect to an additional defendant.
RENE NOTES:
1)
An action is commenced by the filing of the complaint and the payment of the requisitedocket fees within the prescriptive period; this notwithstanding that summons wasserved on the defendant after the prescriptive period.
2)
An action can be commenced by filing the complaint by registered mail. It is the dateof the mailing that is considered as the date of filing and not the date of the receiptthereof by the clerk of court.3)The amount of damages in the body of prayer of the pleading must enable the clerk of court to compute the docket fees required.4)The court may allow the payment of the deficient docket fee within a reasonableperiod but not beyond the applicable prescriptive period.With respect to actions, we have retained the provisions of the old code. With respect to somesubject matter under the old rule, a party plaintiff can file only one complaint based on one singlecause of action. He cannot split its cause of action. And when he splits his cause of action, thesubsequent actions maybe the subject of a motion to dismiss. This rule has been retained in theNew Rules in Civil Procedure.
Example
: (Splitting of causes of action which have been retained)Note: Same partiesA is a resident of Sulu, B is of Batanes. There is a piece of land located in Sorsogon. The causes of action of A against B are as follows:1)sum of money involving P200,000.002)reindivicacion over the lot valued at P50,000.00
Q.
Can A file a complaint against B joining in one complaint the action for sum of money and theaction for reinvidicacion (if it can, with what court and place)?
A.
Let us vary the facts, the claim for money is P201,000.00. The value of the property isP19,000.00
Q
. Can A file only one complaint incorporating therein the sum of money of P201,000.00 and reindivicacion of lot valued at P19,000.00?
A. Sec. 5 Rule 2(rules on joinder of causes of action )
A party may in one pleading assert, in the alternatives or otherwise, as manycauses of action as he may have against an opposing party, subject to the following
 
conditions:
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 venue of  jurisdictions, the joinder may be allowed in the RTC provided one of the cases of actionfalls within the jurisdiction of said court and the venue lies herein; and d.where the claims in all the causes of action are principally for recovery of money theaggregate amount claimed shall be the test of jurisdiction.
 The rule on joinder is as follows:A party may join two or more causes of action which he has in his favor in only one complaint. So if A has 10 causes of action against B, instead of A filing 10 separate action against B, he may beallowed to file only one complaint, and incorporating therein all the 10 causes of action.
Q.
Supposing his causes of action pertain to different venues or jurisdiction where willA, the plaintiff, file his 10 causes of action embodied only one complaint?
A
. The rule is, if these 10 causes of action pertain to different venues, the action maybe filed in the appropriate RTC provided that the venue of the action lies therein.In the former example, the first action was the sum of money involving P200,000.00 onlyand the second cause of action is reinvidicacion involving P50,000.00.Since A is not obliged to allege all causes of action in one complaint, he may elect to file twoseparate actions: 1) A vs. B for sum of money2) A vs. B for reindivicacion.
Q
. If he were to file this action for sum of money only, in what court of what placemay A file the complaint?
A
. You apply Rule 4 venueSince this is a personal action for sum of money, the venue could be theresidence of plaintiff A, or the residence of the defendant B at the election of A.So this case can be filed either in Sulu or Batanes.
Q
. In what court in Sulu or in Batanes may this action of A be filed?
A
. Considering the amount which is only P200,000.00, this is within the jurisdiction oMTC. So this case can be filed either in the MTC of Sulu or in the MTC of Batanes.
Q
. If A were to file an action for reindivicacion, over this lot located is Sorsogon, inwhat place should A file the case?
A
. We apply again Rule 4 Venue and that would be Sorsogon.
Q.
In what court in Sorsogon should the action be filed?
A
. Considering the value P50,000.00, this action should be filed only in RTC of Sorsogon.Let us assume however that A elected to file only one complaint involving these sum of money of P200,000.00 and this property involving P500,000.00. The court that has the jurisdiction over thesum of money of P200,000.00 is the MTC. The court that has the jurisdiction over reindivicacion isthe RTC of Sorsogon.
Q
. Where can these two actions be filed?
A
. Only in the RTC of Sorsogon. It cannot be filed in Sulu or Batanes. It can be filedonly in Sorsogon.Let us get the reverse… The value of sum of money is P200,000.00 and so this is within the jurisdiction of the RTC. Thevalue of the property here is P19,000.00, this is within the jurisdiction of the MTC.
Q.
Can you now join these two?
A
. Yes, in the RTC of Sorsogon. Not in Sulu or Batanes, but in the RTC of Sorsogon. 
Example
:A resident of Sulu, sued B a resident of Batanes, in only one complaint alleging therein thesetwo causes of action:1.For recovery of P200,001.00 sum of money,2.For forcible entry over a piece of land located in Sorsogon valued at P19,999.99.
Q
. Can A join only in one complaint on these two (2) causes of action?
A.
These two cannot be joined because one is an ordinary civil action (sum of money) and theother is a special civil action (forcible entry). This is one of the limitation of joinder of causes of action. A special civil action cannot be joined with another action which is ordinary.
2
 
Example:
A is a resident of Sulu, B of Batanes, C of Zamboanga. A loaned 1M to B, and the loan isevidenced by a promissory note which B signed. The promissory note matured without B paying themoney notwithstanding. A has another cause of action against B and C for another 1M pesos, apromissory note was also executed and signed by B and C. The promissory note also matured butthey did not pay.
Q
. Can A file only one complaint against both B and C incorporating therein these twocauses of action? (The action against B for 1M pesos and another action against Band C for P1M)
A.
No, A cannot file only one complaint against B and C, otherwise, A will violate oneof the limitations (Sec. 5 (a)) provided for in joinder of Causes of Action underRule 2 Section 5.If A is permitted to do so, it will be a violation of the provision on Rules on Joinder of Partiesunder Rule 3 Sec. 6.C has nothing to do with the first promissory note executed by B. C has no interest on thefirst cause of action of A against B alone.
Example
: A has the following causes of action for recovery of money against B, all in thepromissory notes that matured on:1. Jan. 10, 1998 P 20,000.002. Jan. 20, 1998 30,000.003. Jan. 30, 1998 40,000.004. Feb. 10, 1998 50,000.005. Feb. 15, 1998 60,000.006. Feb. 20, 1998 70,000.00=========P270,000.00A is a resident of Sulu and B of Batanes. B did not pay on Jan. 10, B did not pay on each andevery maturity. But A waited for the maturity on this loan due on Feb. 20, 1998. Since he was notpaid on Feb. 20, 1998, he now decided to file an action involving all these sum of money.
Q.
Should he (A) decide to file a case on Feb. 25, 1998, against B, in what courtshould the action be filed?
A
. It should be filed in the RTC of Sulu or in Batanes.Where all the causes of action are principally for money, the type of jurisdiction is the totality of theamounts in all the cases. If you were A and you want to file only an action for the recovery of P20,000.00 you will file this with the MTC. This is the same with respect to other causes of action.Individually, they are triable by the MTC.But if all these causes of action are joined in only one complaint, the totality or the language of therule, “the aggregate,” of the amount furnish the jurisdictional test. So, since the amount isP270,000.00, this is an action triable by the RTC. So you file the action not in the MTC but in theRTC.
RENE NOTES
1) In case the obligation is by installments, each installment constitute a cause of action HOWEVER,if at the time of bringing of the suit, several installments are already due, all must be includedotherwise, others not included will be barred.
Before April 9, 1999
, the jurisdiction of the MTC was limited to P100,000.00 and the RTC’s in theamount in excess of P100,000.00. So under the old rule, before April 9, 1999, all claims (moneyclaims) not exceeding P100,000.00 was triable by the MTC. All claims exceeding P100,000.00 weretriable by the RTC. This is the provinces.Under the old rules, where the claim was for the money and the parties thereto was the residents of Metro Manila, the jurisdiction of the RTC’s in Metro Manila was in excess of P200,000.00.
Beginning, however April 9, 1999,
the jurisdiction of the MTC were expanded as follows: In areasoutside Metro Manila, the jurisdiction of the MTC’s extended up to P200,000.00. But in MetroManila, Beginning April 9, 1999, the jurisdiction of the MTC’s was P400,000.00 So, as of now the jurisdiction of the Metro Manila MTC’s is P400,000.00. But in areas outside Metro Manila, the jurisdiction of the MTC’s is up to P200,000.00 only. This now the new rule which implemented Sec.5 of RA 7691. RA 7691 expanded the jurisdiction of the MTC’s.
Q.
state the
rule on permissive joinder of parties
A. Sec. 6 Rule 3
 All persons in whom or against whom any right to relief in respect to or arising out of thesame transactions is alleged to exist, whether jointly, severally, or in the alternative, may except asotherwise provided in these Rules, join as plaintiffs or be joined as defendants in one complaint,where any question of law or fact common to all such plaintiffs or to all such defendants may arise
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