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Bar Reviewer - Civil Procedure

Bar Reviewer - Civil Procedure

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Published by James Fernandez

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Published by: James Fernandez on Jul 04, 2012
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CIVIL PROCEDURER
ULE
1 G
ENERAL
P
ROVISIONS
1.
Civil action
one by which a party sues another for the enforcement or protectionof a right, or the prevention or redress of a wrong; may be ordinary or special
Criminal action
one by which the state prosecutes a person for an act or omissionpunishable by law
Special 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 asuppletory character, and whenever practicable and convenienta.Election cases;b.Land registration;c.Cadastral proceedings;d.Naturalization proceedings; ande.Insolvency proceedings
R
ULE
2 C
AUSE
 
OF
A
CTION
1.
Cause of action
– an act or omission by which a party violates the right of another 2.R
EQUISITES
 
OF
J
OINDER
 
OF
C
 AUSES
 
OF
A
CTION
:a.The party joining the causes of action shall comply with the ruleson joinder of parties;b.The joinder shall NOT include special civil action or actionsgoverned by special rules;c.Where the causes of action are between the same parties butpertain to different venues or jurisdiction, the joinder may be allowed in the RTCprovided one of the causes of action falls within the jurisdiction of the RTC andthe venue lies therein;3.Where the claims in all the causes of action are principally for recovery of money, theaggregate amount claimed shall be the test of jurisdiction.4. Misjoinder of causes of action NOT a ground for dismissal; the action may, on motionor 
motu proprio
, be severed and proceeded with separately.
R
ULE
3 P
ARTIES
 
TO
C
IVIL
A
CTIONS
1.C
LAIMS
 
THAT
S
URVIVE
 
THE
D
EATH
 
OF
 
 A
P
 ARTY
:a.Actions to recover real and personal property against the estate;b.Actions to enforce liens thereon;c.Actions to recover for injury to persons or property by reason of tort;d.Actions to recover money arising from contract, express or implied.2. Death of defendant in action on contractual money claims before judgment of RTCNOT ground for dismissal. Action continues until entry of final judgment. Any judgment against estate of deceased will be enforced as money claim. Writ of preliminary attachment, if any, not dissolved.3. R
EQUISITES
 
OF
P
ERMISSIVE
J
OINDER
 
OF
P
 ARTIES
:a.Right to relief arises out of the same transaction or series of transactions,whether jointly, severally, or in the alternative;b.There is a question of law or fact common to all the plaintiffs and defendants;c.Such joinder is not otherwise proscribed by the provisions of the Rules on jurisdiction and venue.
 
4.R
EQUISITES
 
OF
 
 A
C
LASS
S
UIT
:a.Subject matter of the controversy is one of common or general interest to manypersons;b.Parties affected are so numerous that it is impracticable to bring them all to thecourt;c.Parties bringing the class suit are sufficiently numerous or representative of theclass and have the legal capacity to file the action.5. T
RANSFER
 
OF
I
NTEREST
 
 Action may be continued by or against the original party, unless the court, onmotion, directs the transferee to be substituted in the action or joined with theoriginal party; however, if transfer is made before commencement of the action,the transferee must necessarily be the party, since only he is the real party ininterest.
R
ULE
4 V
ENUE
O
F
A
CTIONS
* Uniform rule on venue in RTC and MTC 
1.V
ENUE
 
OF
 
REAL
 
 ACTIONS
in the proper court which has jurisdiction over the areawherein
real property involved or a portion thereof is situated 
.2.V
ENUE
 
FOR
 
FORCIBLE
 
ENTRY
 
 AND
 
DETAINER
 
 ACTIONS
– in the MTC of the municipality or citywherein
the real property or a portion thereof is situated.
3.V
ENUE
 
OF
 
PERSONAL
 
 ACTIONS
– where
the plaintiff or any of the principal plaintiffs resides
,or where
the defendant or any of the principal defendants resides
, or in the caseof a non-resident defendant
where he may be foun
, at the election of theplaintiff.
NOTE:
“residence” means place where party actually resides at time of action;does NOT mean permanent home or domicile.4.Action against non-resident not found in the Philippines
a.
 A
CTION
A
FFECTS
 
THE
P
LAINTIFF
S
P
ERSONAL
S
TATUS
- in the court of the place where theplaintiff resides.
b.
 A
CTION
A
FFECTS
A
NY
P
ROPERTY
 
OF
 
THE
D
EFENDANT
 
IN
 
THE
P
HILIPPINES
- where the propertyor any portion thereof is situated or found.5.Rules on Venue shall NOT apply:
a.
In those case where a specific rule or law provides otherwise (
e.g.,
civil case for damages in cases of libel, where Article 360 of RPC provides specific rules onvenue); ORb.Where the parties have validly agreed IN WRITING before the filing of the actionon the EXCLUSIVE venue thereof.
In this instance, the action can only be filed in the place agreed upon even if the other place is the place of residence of the parties or the location of thereal property involved.
R
ULE
5 U
NIFORM
P
ROCEDURE
 
IN
T
RIAL
C
OURTS
1.The procedure in the MTCs shall be the same as that in the RTC.2.Uniform Procedure shall NOT be applicable:a.Where a particular provision expressly or impliedly applies only to either of saidcourts.b.In civil cases governed by the Rule on Summary Procedure.
 
R
ULE
6 K
INDS
 
OF
P
LEADINGS
1.
Negative Defense
specific denial of the material fact or facts alleged in thepleading of the claimant essential to his cause of action.2.
 Affirmative defense
an allegation of a new matter which, while hypotheticallyadmitting the material allegations in the pleading of theclaimant, would nevertheless prevent or bar recovery by him.Includes:a.Fraudb.Statute of limitationsc.Released.Paymente.Illegalityf.Statue of fraudsg.Estoppelh.Former recoveryi.Discharge in bankruptcy j.Any other matter by way of confession or avoidance.3.
Compulsory counterclaim
– R
EQUISITES
:a.Arises out of or is necessarily connected with the transaction or occurrencewhich is the subject matter of the opposing party’s claim;
b.
Does not require for its adjudication the presence of 3
rd
parties of whom the court cannot acquire jurisdiction; and
c.
Must be within the jurisdiction of the court both as to the nature andthe amount,
except 
that in an ORIGINAL action in the RTC, the counterclaimmay be considered regardless of the amount.
 
 Agustin vs. Bacalang 
  A court (if MTC) has no jurisdiction to hear and determine a set-off or counterclaim in excess of its jurisdiction. A counterclaim beyond the court’s jurisdiction may only be pleaded by way of defense, the purpose of which is todefeat or weaken the plaintiff’s claim, but NOT to obtain affirmative relief.MOREOVER, the amount of judgment obtained by the defendant
on appea
cannot exceed the jurisdiction of the court in which the action began. Since thetrial court did not acquire jurisdiction over the counterclaim in excess of the jurisdictional amount, the appellate court likewise did not have jurisdiction over the same. In such a case, the award in excess of the jurisdiction of the trial courtis void.
 
Calo vs. Ajax 
  A counterclaim, even if otherwise compulsory, but amount exceeds the jurisdiction of the inferior court, will only be considered permissive. Hence, factthat it is not set-up in the inferior court will not bar plaintiff from instituting aseparate action to prosecute it.
R
ULE
7 P
ARTS
 
OF
 
A
P
LEADING
1.
F
ORMAL
R
EQUIREMENTS
 
OF
P
LEADINGS
:a.Captionb.Titlec.Body divided into headings and paragraphsd.Body divided into headings and paragraphse.Signature and addressf.Verification in some cases

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