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Civ Pro

Civ Pro

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Published by liboanino

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Published by: liboanino on Oct 07, 2011
Copyright:Attribution Non-commercial


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one by which a party sues another for the enforcement orprotection of a right, or the prevention or redress of a wrong; may be ordinaryor specialCriminal action
one by which the state prosecutes a person for an act or omission punishable by lawSpecial 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 suppletory character, and whenever practicable and convenienta. Election cases;b. Land registration;c. Cadastral proceedings;d. Naturalization proceedings; ande. Insolvency proceedings2005 notes: In a series of cases, it has been said that the Rules of Court havethe force and effect of law. And that it shall be liberally construed in orderto promote their object and assist the parties in obtaining just, speedy and inexpensive determination of every action and proceeding.Atlas v Navarro: Under the Labor Code, the labor arbiter have jurisdiction overthe claims for damages sought to be recovered by EE from ER arising from illegaldismissal or forced resignationBasaya v Militante: RTC has jurisdiction over issue of possession of vessel. The replevin case is not involved in labor dispute since question of who has better right of possession is outside competence of labor tribunalsTacay v RTC: Claims for damages as to which no amounts were specified may be expunged or plaintiff may be allowed to amend complaint so as to specify the amountof damages and to pay the requisite fees w/in prescriptive period.2007 notes: The Principal amount confers jurisdiction or that the totality of claims supplies the jurisdictional test.2007 notes:Relief- redress sought or prayed for by the plaintiffRemedy- appropriate legal form of relief whereby a remedial right may be enforced.ACTIONS:Real Action Action affecting title to or for recovery of possession or for partition or condemnation of or foreclosure of mortgage on real property (ex: Actionto foreclose a mortgage).Personal Action All other action not real action, which is based on privity of contracts or for recovery of sum of money (ex: Action to cancel the annotation of the mortgage in the title of the land)Local Action One founded on privity of estates only and there is no privity of contracts.Transitory Action One founded on privity of contracts between parties.(BAR) X borrowed money from PNB secured by a real estate mortgage in the amountof P1M. He failed to pay. Can there be foreclosure considering that X is in theUSA?HELD: YES, since it is sufficient that the court has jurisdiction over the res (or the mortgaged property). Jurisdiction in the person is not necessary2005 notes: If there is deficiency, the court cannot impose deficiency judgmentsince it has no jurisdiction over the person of the mortgagor. The exception here is when the defendant or mortgagor voluntarily appears.-- the reason is that ,the court has already acquired jurisdiction over the person of the mortgagor.
2005 notes: If the person is not in the Philippines ,the person cannot be summoned by publication ,but if he has properties, there can be attachment of the samewhich would convert the action originally in personam to one quasi in-rem by means of the attachment. Once property is levied upon, the court may try the casedespite the fact that summons has not been served. The reason is that there is jurisdiction over the res.2005 notes:The judgment however is confined to the property attached, except ifhe voluntarity appears.2 Test to determine nature of Action:1. Ultimate objective- Relief to which plaintiff is entitled based on the factsalleged by him in his complaint although it is not the relief demanded is what determines the nature of the action.As such,if it is to recover real property ,then, it is a real action.2. Allegation and Prayer
Allegations of facts and the relief prayed for may be determinative of the nature of the action and not the defenses invoked in the answer (DelRosario v CA). The title does not control, it is the body of the pleading that controlsRULE 2 CAUSE OF ACTIONCAUSE OF ACTION
an act or omission by which a party violates the right of another (Ma-aw v Barrios) .Its elements are:a.existence of a legal right of plaintiffb.correlative duty of a defendant to respect one
s rightc.act or omission of defendant in violation of the plaintiff
s right w/ consequential damage to the plaintiff for which he may maintain an action for recovery ofdamages or other appropriate relief.2005 notes: Cause of action is determined by the facts alleged therein, not by the defenses. It is not determined by the title but by the body of the pleading.(BAR) A complaint alleged that the defendant acted in bad faith. However, it did not contain any averment of facts showing that defendant
s act were done in manner alleged.HELD: the complaint does not contain a cause of action since it does not state the ultimate facts constituting the plaintiff
s cause of action since allegationof bad faith is a mere conclusions of fact or law.(BAR) A sued B to recover P500,000 based on a promi note due and payable on Dec5,1998.Complaint was filed on Nov. 30,1998 and summons was served on B on Dec 7,98. B interposed a motion to dismiss on ground that complaint states no causeof action.HELD: Motion Granted.In order for cause of action to accrue to a person, ff must be present:a.there must be a right pertaining to a plaintiffb.there is a correlative obligation of the defendantc.there is a violation of plaintiff
s right by the defendantd.there is damage suffered by plaintiff.In this case, no violation was committed since the promissory note has not yetmatured.(2005 notes: With regard Administrative disputes, there exist a premature causeof action whenever the plaintiff did not exhaust all administrative remedies)(2005 notes:If lawyer of defendant party died, the lawyer of plaintiff shouldnotifiy the court of the lawyer
s death (if only former knew) so that there couldbe substitution, or else any writ of execution against defendant is not valid,aside from that, the act of plaintiff
s lawyer of not informing court constitutesindirect contempt and can also be subject of disciplinary action).
RIGHT OF ACTION- right to commence and prosecute an action to obtain the reliefsought.Its elements are:a.existence of cause of actionb.performance of all conditions precedent to the bringing of the action.c.right to bring and maintain the action must be in the person instituting it.DISTINCTION BETWEEN CAUSE AND RIGHT OF ACTION:a.cause refers to delict while right is the right to institute action.b.cause is determined by pleadings, right is by substantive lawc.right of action may be taken away by running of period which do not at all affect the cause of action.2005 notes: Subject matter of the action refers to the physical facts, things ,real or personal, the money ,land and chattels and the like, in relation to w/c the suit is being prosecuted. It refers to the object of the dispute.RULE IN FILING OF COMPLAINT IF ONLY ONE DELICT:There is only one cause of action even if there are several rights violated butbelonging to one person. All such right should be alleged in a single complaint,otherwise ,they are barred forever. No man shall be twice vexed for one and same cause.Examples:Recovery of damages for injury to person and property should be in only one suit.Only one suit should be filed for recovery of real property and damagesRecovery of Taxes/surcharge must be in one suitPartition of property and improvements/damagesIn ejectment cases, only rentals be recovered as damages. Other damages like electric and water bills are to be recovered in separate suit.2005 notes: Cause of action commences by filing of complaint or when an additional defendant is involved as to him, by the filing of the amended complaint.SPLITTING A SINGLE CAUSE OF ACITONSingle cause of action may not be split and made basis of 2/more complaints.Effect of such splitting is that filing of 1st may be pleaded in abatement ofothers on ground of pendency of another action between the same parties for same cause and a judgment upon the merits in any one case is available as a bar inthe others.Effect:Filing of 1st may be pleaded in abatement of the other or others and a judgmentupon the merits in any one is available as a bar to the others.However, if by their nature, reliefs sought for are cognizable by different tribunals, then there would be no splitting if filed in different courts.Examples:a.Action to establish filiation as an illegitimate child and a separate action for partition.b.Action for unlawfully stopped payment of a check paid as partial payment of aparcel of land cannot be pleaded in abatement by the defendant in an action forforeclosure of mortgage in QC for the balance guaranteed .They are separate actions.2005 notes: It is possible for case of recognition and a claim for inheritancebe filed in one proceeding (Tayag v CA)2005 notes: Test to determine whether such cause is single is that if there isonly one delict or wrong, even if there are several rights violated and all of t

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