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Civ Pro Rule 1-10
Civ Pro Rule 1-10
1. Civil action one by which a party sues another for the enforcement or protection of 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 omission
punishable by law
Special proceeding remedy by which a party seeks to establish a status, a right, or a
particular fact
2. Rules of Court shall NOT be applicable to the following, except by analogy or in a suppletory
character, and whenever practicable and convenient
1.
Election cases;
2.
Land registration;
3.
Cadastral proceedings;
4.
Naturalization proceedings; and
5.
Insolvency proceedings
Rule 2 Cause of Action
1. Cause of action an act or omission by which a party violates the right of another
2. Requisites of Joinder of Causes of Action:
1.
2.
3.
The party joining the causes of action shall comply with the rules on joinder of parties;
The joinder shall NOT include special civil action or actions governed by special rules;
Where the causes of action are between the same parties but pertain to different venues or
jurisdiction, the joinder may be allowed in the RTC provided one of the causes of action falls
within the jurisdiction of the RTC and the venue lies therein;
3. Where the claims in all the causes of action are principally for recovery of money, the
aggregate amount claimed shall be the test of jurisdiction.
4. Misjoinder of causes of action NOT a ground for dismissal; the action may, on motion ormotu
proprio, be severed and proceeded with separately.
Rule 3 Parties to Civil Actions
1. Claims that Survive the Death of a Party:
1.
2.
3.
4.
Actions
Actions
Actions
Actions
to
to
to
to
2. Death of defendant in action on contractual money claims before judgment of RTC NOT 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. Requisites of Permissive Joinder of Parties:
1.
Right to relief arises out of the same transaction or series of transactions, whether jointly,
severally, or in the alternative;
2.
There is a question of law or fact common to all the plaintiffs and defendants;
3.
Such joinder is not otherwise proscribed by the provisions of the Rules on jurisdiction and
venue.
Subject matter of the controversy is one of common or general interest to many persons;
Parties affected are so numerous that it is impracticable to bring them all to the court;
Parties bringing the class suit are sufficiently numerous or representative of the class and have
the legal capacity to file the action.
5. Transfer of Interest
Action may be continued by or against the original party, unless the court, on motion,
directs the transferee to be substituted in the action or joined with the original 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 in interest.
Rule 4 Venue Of Actions
* Uniform rule on venue in RTC and MTC
1. Venue of real actions in the proper court which has jurisdiction over the area whereinreal
property involved or a portion thereof is situated.
2. Venue for forcible entry and detainer actions in the MTC of the municipality or city
wherein the real property or a portion thereof is situated.
3. Venue 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 case of a non-resident
defendant where he may be found, at the election of the plaintiff.
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
1.
Action Affects the Plaintiffs Personal Status in the court of the place where the plaintiff
resides.
2.
Action Affects Any Property of the Defendant in the Philippines where the property or any
portion thereof is situated or found.
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 on venue); OR
2.
Where the parties have validly agreed IN WRITING before the filing of the action on 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 the real property involved.
Rule 5 Uniform Procedure in Trial Courts
1. The procedure in the MTCs shall be the same as that in the RTC.
2. Uniform Procedure shall NOT be applicable:
1.
2.
Where a particular provision expressly or impliedly applies only to either of said courts.
In civil cases governed by the Rule on Summary Procedure.
12.
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18.
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7. Certification against Forum-Shopping: Plaintiff or principal party shall certify under oath in
the complaint or other initiatory pleading or in a sworn certification annexed and filed therewith:
1.
That he has not commenced any action or filed any claim involving the same issues in any
court, tribunal or quasi-judicial agency; to the best of his knowledge no such other claim or
action pending;
2.
If there is such other pending action, a complete statement of the present status thereof;
3.
If he should thereafter learn that same or similar action or claim is filed or pending, he shall
report the same within 5 days therefrom to the court where he filed his complaint.
NOTE: FAILURE TO COMPLY NOT CURABLE BY MERE AMENDMENT OF THE COMPLAINT OR PLEADING
BUT SHALL BE CAUSE FOR DISMISSAL OF THE CASE WITHOUT PREJUDICE; IF THE ACTS OF PARTY OR
COUNSEL CLEARLY CONSTITUTE WILLFUL & DELIBERATE FORUM SHOPPING, GROUND FOR SUMMARY
DISMISSAL WITH PREJUDICE AND CONSTITUTE DIRECT CONTEMPT.
For Forum-Shopping to exist, there must be:
1.
Party whose signature appears admits that he signed it, or that it was signed by another with
his authority
2.
Was in words and figures as set out at the time it was signed
3.
Document was delivered
4.
Any formal requisites required by law which it lacks are waived by him
The following defenses are cut-off by admission of genuineness and due execution of the
document:
1.
2.
3.
1.
2.
3.
4.
Signature is a forgery
Signature is unauthorized
Corporation is not authorized under its charter to sign the instrument
1.
Party charged signed the instrument in some other capacity than that alleged in the
pleading setting it out
2.
Document was never delivered.
3.
4. Specific Denial
Defendant must specify each material allegation of fact the truth of which he does not admit;
Defendant must set forth the substance of the matters upon which he relies to support his
denial, whenever practicable;
If denying only part of an averment, he shall specify so much of it as is true and material and
shall deny the remainder;
If defendant does not have knowledge or information sufficient to form a belief as to the truth
of a material averment, he shall so state and this has effect of denial.
Negative pregnant a denial which at the same time involves an admission of the substantial
facts in the pleading responded to.
5. Allegations not specifically denied, other than those as to amount of unliquidated damages
deemed admitted.
Rule 9 Effect of Failure to Plead
1. General Rule: Defenses and objections not pleaded in answer or motion to dismiss are deemed
waived (Omnibus Motion Rule).
Exception: Court shall dismiss the claim, even without allegation in answer or motion to dismiss, if
any of the following appear from the pleadings or the evidence on record:
1.
Lack of jurisdiction over the subject matter;
2.
Litis pendentia between same parties for the same cause;
3.
Res judicata
4.
Action barred by statute of limitations.
1.
2. Declaration of Default
1.
Defendant entitled to notice of motion to declare him in default and of order of default;
2.
Motion to set aside order of default may be filed after notice and before judgment;
3.
Party may make motion, under oath, to set aside order of default upon proper showing that
failure to answer was due to FAME;
4.
Effect of order of default party in default entitled to notice of subsequent proceedings but
not to take part in trial;
5.
Partial default if several defending parties and not all in default, the court shall try the case
against all upon the answers thus filed and evidence presented;
6.
After declaration of default, court may render judgment on the basis of the complaint or
require claimant to submit evidence;
7.
Judgment against party in default shall not exceed the amount or differ in kind from that
prayed for nor award unliquidated damages;
8.
No defaults in action for annulment or declaration of nullity of marriage or for legal separation.
Plaintiff may amend complaint as a matter of right even after defendant files a Motion to
Dismiss, since the same is not a responsive pleading.
1.
2.
2. Substantial amendments may be made only with leave of court, except as provided above.
3. An amended pleading supersedes the pleading that it amends but admissions in superseded
pleadings may be received in evidence against the pleader. (NOT judicial admissions anymore;
thus, must be formally offered)
3.
4. Claims and defenses alleged in original but not incorporated in the amended pleading shall
be deemed waived.
Supplemental