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.
. – 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!)
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