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Remedial-Law-Reviewer

Remedial-Law-Reviewer

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Published by: Cattleya on Aug 15, 2011
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01/05/2013

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REMEDIAL LAW REVIEWERPart III of IXORDINARY CIVIL ACTIONSI.General ProvisionsA.Rule 1
Section 1.
Title of the Rules. —
xxxSec. 2.
In what courts applicable
. — These Rules shall applyin all the courts, except as otherwise provided by the SupremeCourt. (n)Sec. 3.
Cases governed 
. These Rules shall govern theprocedure to be observed in actions, civil or criminal, andspecial proceedings.(a) A civil action is one by which a party sues another forthe enforcement or protection of a right, or the prevention orredress of a wrong. (1a, R2)A civil action may either be ordinary or special. Both aregoverned by the rules for ordinary civil actions, subject to thespecific rules prescribed for a special civil action. (n)(b) A criminal action is one by which the State prosecutes aperson for an act or omission punishable by law. (n)(c) A special proceeding is a remedy by which a party seeksto establish a status, a right, or a particular fact. (2a, R2)
Memorize!Civil action – one by which a party sues another for the enforcement orprotection of a right, or the prevention or redress of a wrongCriminal action – one by which the State prosecutes a person for an actor omission punishable by law.Special proceeding – a remedy by which a party seeks to establish astatus, a right, or a particular factSpecial civil actions are called so because special rules govern.
Sec. 4.
In what cases not applicable
. — These Rules shall notapply to election cases, land registration, cadastral,naturalization and insolvency proceedings, and other cases notherein provided for, except by analogy or in a suppletorycharacter and whenever practicable and convenient. (R143a)
Cases where the Rules apply only by analogy or suppletorily
.1
election cases
.2
land registration
.3
cadastral
.4
naturalization and
.5
insolvency proceedings, and
.6
other cases not herein provided for
Sec. 5.
Commencement of action
. A civil action iscommenced by the filing of the original complaint in court. If an additional defendant is impleaded in a later pleading, the
 
action is commenced with regard to him on the date of thefiling of such later pleading, irrespective of whether themotion for its admission, if necessary, is denied by the court.(6a)Sec. 6.
Construction
. These Rules shall be liberallyconstrued in order to promote their objective of securing a just, speedy and inexpensive disposition of every action andproceeding. (2a)
Memorize Sec.6. (Just, Speedy, Inexpensive – catch-all answer in thebar!)
B.Cases
Cabrera v. Tiano
, 8 SCRA 542 (1963) Civil actions are deemedcommenced from date of the filing and docketing of the complaint withthe Clerk of Court, without taking into account the issuance andservice of summons. Commencement of the suit prior to the expirationof the prescriptive period, interrupts the prescription period.
Sun Insurance v. Asuncion
, 170 SCRA 274 (1989) 1) It is not simply thefiling of the complaint or appropriate initiatory pleading, but thepayment of the prescribed docket fee, that vests a trial court with jurisdiction over the subject matter or nature of the action. Where thefiling of the initiatory pleading is not accompanied by payment of thedocket fee, the court may allow payment of the fee within a reasonabletime but in no case beyond the applicable prescriptive or reglementaryperiod. 2) Permissive counterclaims, third party claims and similarpleadings, shall not be considered filed until and unless the filing feeprescribed therefore is paid. The court may also allow payment of saidfee within a reasonable time but also in no case beyond its applicableprescriptive or reglementary period. 3) If the judgment awards a claimnot specified in the pleading, or if specified the same has been left fordetermination by the court, the additional filing fee therefor shallconstitute a lien on the judgment.Escolin: There are some compulsory counterclaim that needs paymentof docket fees, and some which does not.
Hodges v. CA
, GR 87617, 184 SCRA (1990) Filing fees should be paid infull for the court to acquire jurisdiction. Partial payment of docket feesprevents the court from acquiring jurisdiction and any proceedingsundertaken thereafter is null and void.
Spouses de Leon v. CA
, 287 SCRA (1998) An action for rescission of contract should be treated similar to an action for specificperformance. An action for rescission of contract is one which cannotbe estimated and therefore the docket fee for its filing should be theflat amount for actions incapable of pecuniary estimation, regardless of the value of the real property which is the subject of the contract.
Manchester Development v. CA
, 149 SCRA 562 (1987)Facts: Body of the complaint specified amount of damages, but theprayer did not. Complaint was amended deleting all amounts. Onlyafter court order did complainant specify the amount, but still only inthe body, not in the prayer.Held: In civil cases, all pleadings should specify in both the body andprayer the amount of damages sought. The court does not acquire jurisdictions until the proper docket fee has been paid. Where an action
 
is both for specific performance and damages, the docket fees must bebased on the total damages sought to be recovered, even if it is notspelled out in the prayer. Where the prayer clearly shows that theaction was one for damages, there can be “no honest difference of opinion” as to the amount of filing fees. Where payment wasinsufficient and there was “no honest difference of opinion” as to thecorrect amount of filing fees, the court never acquired jurisdiction overthe original complaint. There was thus no complaint to amend. Docketfees must be based on the original, not amended complaint. A case isdeemed filed only upon payment of the docket fee regardless of theactual date of filing in court. Henceforth, the amount sought to berecovered should be stated both in the body of the complaint and inprayer.Escolin: The SC in
Manchester 
prohibited plaintiffs in civil cases fromnot specifying the amount of damages.
Manuel v. Alfeche
, 259 SCRA 475 (1996)Facts: Complainant in a libel case, where the information stated theamount of moral damages, did not pay filing fees for the impliedlyinstituted civil action.Held: When a civil action is deemed impliedly instituted with thecriminal, when the amount of damages, other than actual, is alleged inthe complaint or information filed in court, then the correspondingfiling fees shall be paid. However, when the amount of damages is notso alleged, filing fees need not be paid and shall simply constitute afirst lien on the judgment, except in an award for actual damages. Inno case shall filing fees for actual damages be collected.
Manuel
case is applicable to civil cases impliedly instituted withcriminal cases. In purely civil actions, the
Manchester 
ruling applies.de Leon: Note that under the Criminal Procedure Rules of 2000, filingfees for actual damages may be collected in case of cases for violationof BP 22.
II.Civil ProcedureA.Ordinary Civil Actions (Rules 2-5)Cause of Actiona.Kinds of actions1)Real or Personal action
Real action – the subject matter of the action is real property (e.g.foreclosure of real mortgage)Personal action – the subject matter of the action is personal property(e.g. foreclosure of chattel mortgage)
2)Action in personam, in rem, and quasi inrem
Action in personam the decision is enforceable only against thepartiesAction in rem – the decision is enforceable against the whole worldAction quasi in rem -A real action may still be an action in personam.

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