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Civil Procedure

Civil Procedure

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Published by roansalanga
Rules 1-56 and 64-65
Rules 1-56 and 64-65

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Published by: roansalanga on Mar 23, 2012
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叶清蓮
 Civil Procedure Page |
1
 
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.
 
Civil action
a party sues another for the enforcement or protection of a right, or the prevention or redress of a wrong a.
 
Ordinary b.
 
Special *both are governed by rules for ordinary civil actions subject to the specific rules prescribed for a special civil action 2.
 
Criminal action
State prosecutes a person for an act or omission punishable by law 3.
 
Special proceedings
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.
 
Receivership d.
 
Replevin e.
 
Support
 pendent lite
 Sec. 4. In what cases not applicable 1.
 
Elections cases 2.
 
Land registration 3.
 
Cadastral 4.
 
Naturalization 5.
 
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:
 
Complaint
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
o
 
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
o
 
GR: without payment, complain is considered not filed
o
 
Exception: rule was relaxed by SC where payment of fee within a reasonable time but not beyond the prescriptive period was permitted
o
 
Filing of a complaint in the wrong court is a ground for a
motu propio
 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
o
 
Must specify the relief sought
o
 
Must be dated and signed by the party or by the counsel representing him
o
 
Must designate the address of the party or his counsel
o
 
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)
o
 
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
o
 
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
o
 
A matter of discretion if made, with leave of court, after a responsive pleading has been served
o
 
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
 
叶清蓮
 Civil Procedure Page |
2
 
Sec. 6. Construction
 these RULES shall be LIBERALLY CONSTRUED in order to promote their objective of securing a a.
 
Just b. speedy c. inexpensive disposition of every action and proceeding
RULE 2 ORDINARY CIVIL ACTIONS CAUSE OF ACTION
Sec. 1. Every ORDINARY CIVIL ACTION must be based on a CAUSE OF ACTION Sec. 2. Cause of Action Defined
 act or omission by which a party violates a right of another NOTES:
 
Right to file a suit = Right of action
 
There is no right of action where there is no cause of action
 
Elements of Cause of Action: 1.
 
A right in favor of the plaintiff by whatever means and under whatever law it arises or is created 2.
 
An obligation on the part of the named defendant to respect or not to violate such right 3.
 
Act or omission on the part of such defendant in violation of the right of the plaintiff or constituting a breach of obligation of the defendant to the plaintiff for which the latter may maintain an action for recovery of damages or other appropriate relief
 
Cause of action based on Breach of Contract: 1.
 
Existence of a contract 2.
 
Breach of the contract
 
Action
the suit filed in court for the enforcement or protection of a right, or the prevention or redress of a wrong
 
Cause of action
basis of the action filed
 
Failure to state a cause of action v. Absence or lack of cause of action
Failure to state cause of action Absence or lack of cause of action
Insufficiency in the allegations of complaint Failure to prove or establish by
evidence one’s stated cause of action
 Raised in a motion to dismiss under Rule 16 before a responsive pleading is filed and can be determined only from the allegations of the pleading Raised in a demurrer of evidence under Rule 33 after plaintiff has rested its case and can be resolved only on the basis of evidence he has presented Does not completely spell out the elements of a particular cause of action
 
Test of the sufficiency of the statement of a cause of action
o
 
w/n admitting the facts alleged, the court could render a valid verdict in accordance with the prayer of the complaint
 
Conditions precedent
matters which must be complied with before a cause of action arises and compliance of the same must be alleged in the pleading (ie tender of payment is required before making a consignation))
o
 
Failure to comply = ground for a motion to dismiss
 
Actionable document = document relied upon by either the plaintiff and defendant Sec. 3. Party may NOT institute more than 1 suit for a single cause of action Sec. 4. Effect of SPLITTING a single cause of action
 2 or more suits are instituted on the basis of the same cause of action
 filing of one or a judgment on the merits in any one
 available as a ground for the DISMISSAL of the others NOTES:
 
Discouraged because it breeds multiplicity of suits
 
Applies also to counterclaims and cross-claims
 
As to which action should be dismissed would depend upon judicial discretion and the prevailing circumstances of the case Sec. 5. JOINDER of causes of action
 a party may in one pleading assert, in the alternative or otherwise, as MANY CAUSES of action as he may have against an opposing party, subject to the following CONDITIONS: 1.
 
The party joining the causes shall COMPLY with the RULES on JOINDER OF PARTIES 2.
 
Joinder shall NOT include a.
 
Special civil actions b.
 
Actions governed by special rules 3.
 
Where causes of action are between SAME PARTIES but pertain to DIFFERENT VENUES or JURISDICTION
 joinder may be allowed in RTC provided one of the causes of action falls within the jurisdiction of said court and venue lies therein 4.
 
Where CLAIMS in all the causes of action are principally for RECOVERY OF MONEY
 AGGREGATE amount claimed = test of JURISDICTION NOTES:
 
Before there can be proper joinder of parties 1.
 
Right to relief should arise out of the same transaction or series of transactions 2.
 
There exists a common question of law or fact Sec. 6. MISJOINDER of causes of action
 NOT a ground for DISMISSAL of an action
 may, on motion of party or on the initiative of the court, be severed and proceeded with separately
 
叶清蓮
 Civil Procedure Page |
3
 
RULE 3 PARTIES TO CIVIL ACTIONS
Sec. 1. Who may be parties
 only NATURAL or JURIDICAL PERSONS or ENTITIES authorized by law
 PLAINTIFF may refer to a.
 
Claiming party b.
 
Counter-claimant c.
 
Cross-claimant d.
 
Third-party plaintiff
 DEFENDANT may refer to a.
 
Original defending party b.
 
Defendant in a counterclaim c.
 
Cross-defendant d.
 
Third-party defendant Sec. 2. Parties in Interest
 REAL PARTY IN INTEREST = a.
 
party who stands to be benefited or injured by the judgment in the suit b.
 
party entitled to the avails of the suit
 unless otherwise authorized by law or these Rules
 every action must be prosecuted or defended in the name of the real party in interest Sec. 3. REPRESENTATIVES as Parties
 when action is ALLOWED to be prosecuted or defended by a REPRESENTATIVE or someone acting in FIDUCIARY CAPACITY
 BENEFICIARY shall be included in the title of the case and shall be deemed to be the real party in interest
 a Representative may be a a.
 
trustee of an express trust b.
 
guardian c.
 
executor or administrator d.
 
party authorized by law or these Rules
 AGENT acting in his own name and for the benefit of an unlicensed principal
 may sue or be sued without joining the principal except when the contract involves things belonging to the principal Sec. 4. SPOUSES as Parties
 HUSBAND and WIFE shall sue or be sued JOINTLY except as provided by law Sec. 5. Minor or Incompetent Persons
 may sue or be sued, with the ASSISTANCE of his father, mother, guardian, or if he has none, guardian
ad litem
 Sec. 6. Permissive Joinder of Parties
 WHO can be joined as plaintiffs or defendants in one complaint = ALL PERSONS in whom or against whom any right to relief in respect to or arising out of the same transaction or series of transactions is alleged to exist, whether jointly, severally, or in the alternative, except as otherwise provided in these Rules
 WHEN or on what REASONS = where any question of law or fact COMMON to all such plaintiffs or defendants may arise in the action
 Court may make such orders as may be just to prevent any plaintiff or defendant from being embarrassed or put to expense in connection with any proceedings in which he may have no interest Sec. 7. COMPULSORY joinder of INDISPENSABLE PARTIES
 parties in interest without whom no final determination can be had of an action Sec. 8. NECESSARY PARTY
 NOT INDISPENSABLE but who ought to be joined as a party if complete relief is to be accorded as to those already parties, or for a complete determination or settlement of the claim subject of the action Sec. 9. NON-JOINDER of NECESSARY parties to be pleaded
 where in any pleading in which a claim is asserted, a necessary party is not joined
 pleader shall set forth his name, if known, and shall state why he is omitted
 if court finds the reason for omission UNMERITORIOUS
 may order the INCLUSION of the omitted necessary party if jurisdiction over his person may be obtained
 FAILURE TO COMPLY with the order of his inclusion, WITHOUT JUSTIFIABLE CAUSE = WAIVER of the claim against such party
 NON-INCLUSION of necessary party DOES NOT prevent the court from proceeding in the action and the judgment rendered shall be without prejudice to the rights of such necessary party

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