Professional Documents
Culture Documents
Rule 1-10 Reviewer
Rule 1-10 Reviewer
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.
5.
Insolvency proceedings
The party joining the causes of action shall comply with the rules on joinder of
parties;
2.
The joinder shall NOT include special civil action or actions governed by special
rules;
3.
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 or motu 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.
2.
There is a question of law or fact common to all the plaintiffs and defendants;
3.
2.
3.
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 wherein real 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:
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.
Fraud
2.
Statute of limitations
3.
Release
4.
Payment
5.
Illegality
6.
Statue of frauds
7.
Estoppel
8.
Former recovery
9.
Discharge in bankruptcy
2.
Does not require for its adjudication the presence of 3rd parties of whom the
court cannot acquire jurisdiction; and
3.
Must be within the jurisdiction of the court both as to the nature and the
amount, except that in an ORIGINAL action in the RTC, the counterclaim may be
considered regardless of the amount.
Hence, fact that it is not set-up in the inferior court will not bar plaintiff
from instituting a separate action to prosecute it.
Rule 7 Parts of a Pleading
1.
1.
2.
2.
1.
Caption
2.
Title
3.
4.
5.
6.
1.
2.
To the best of his knowledge, information, and belief, there is good ground to
support it
3.
2.
Allegations therein are true and correct as of his personal knowledge or based
on authentic records. (SC Circular 48-2000, effective May 1, 2000)
2.
3.
5.
1.
2.
3.
4.
5.
6.
7.
8.
9.
2.
3.
4.
Motion for new trial on the ground of FAME or opposition thereto (37.2)
5.
6.
7.
8.
9.
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.
3.
2.
2.
2.
3.
1.
3.
2.
2.
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.
4.
Any formal requisites required by law which it lacks are waived by him
Signature is a forgery
2.
Signature is unauthorized
3.
Party charged signed the instrument in some other capacity than that
alleged in the pleading setting it out
1.
2.
3.
4.
Specific Denial
Defendant must specify each material allegation of fact the truth of which he
does not admit;
2.
Defendant must set forth the substance of the matters upon which he relies to
support his denial, whenever practicable;
3.
4.
2.
3.
Res judicata
4.
1.
2.
1.
Declaration of Default
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.
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.
1.
2.
2.
provided above.
2.
3.
4.
Supplemental