Civil Procedure Page |
RULE 1 GENERAL PROVISIONS
Sec. 1. Title
RULES OF COURT Sec. 2. In what courts applicable
in ALL COURTS, except as otherwise provided by SC Sec. 3. Cases governed
govern the procedure to be observed in 1.
a party sues another for the enforcement or protection of a right, or the prevention or redress of a wrong a.
Special *both are governed by rules for ordinary civil actions subject to the specific rules prescribed for a special civil action 2.
State prosecutes a person for an act or omission punishable by law 3.
a remedy by which a party seeks to establish a status, a right, or a particular fact NOTES:
Special Civil Actions: a.
Interpleader f. Expropriation b.
Declaratory Relief g. Foreclosure c.
Review on Judgments of COMELEC h. Ejectment d.
Certiorari, Prohibition, Mandamus i. Partition e.
Quo Warranto j. Contempt
Provisional Remedies: a.
Preliminary Attachment b.
Preliminary Injunction c.
Sec. 4. In what cases not applicable 1.
Elections cases 2.
Land registration 3.
Insolvency proceedings 6.
Other cases not herein provided for except by analogy or in a suppletory character and whenever practicable and convenient Sec. 5. Commencement of Action (Civil)
by FILING of the original complaint in court
if additional defendant is impleaded in a later pleading, action is commenced with regard to him
on the date of the filing of such later pleading, irrespective of whether the motion for its admission, if necessary, is denied by court NOTES:
the first pleading filed with the court by a party
Primary Purpose: to apprise the adverse party of the nature and the basis of the claim
Filing of a complaint = the act of presenting the same before the clerk of court
It must be accompanied by the payment of the requisite docket and filing fees because the court acquires jurisdiction over the case only upon payment of the prescribed fees
Mandatory and jurisdictional
GR: without payment, complain is considered not filed
Exception: rule was relaxed by SC where payment of fee within a reasonable time but not beyond the prescriptive period was permitted
Filing of a complaint in the wrong court is a ground for a
dismissal of the same
Complaint or any other pleading
a statement only of the ultimate facts which
constitute a party’s claim or defense and which must be set forth in a
methodical and logical form
Must specify the relief sought
Must be dated and signed by the party or by the counsel representing him
Must designate the address of the party or his counsel
Need not be verified unless a verification is specially mandated by law or by a particular rule (ie all pleadings under Rules on Summary Procedure must be verified, petitions for certiorari, prohibition and mandamus)
Must contain or be accompanied by a certification against forum shopping
plaintiff or principal party certifies that he has not commenced any action or filed any claim involving the same issues in any other tribunal
Failure to comply = ground for dismissal of the complaint upon motion and after hearing
Relief or prayer is not largely determinative of the cause of action
Amendment of pleading by the plaintiff
A matter of right if made before the other party has served a responsive pleading
If court refuses to accept an amendment, it can be compelled to do so through mandamus
A matter of discretion if made, with leave of court, after a responsive pleading has been served
Reasons for refusal of an amendment: a.
Intended for delay b.
It would result in a drastic change in the cause of action or defense or a change in the theory of the case c.
When court has no jurisdiction over the subject matter of the action