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Rule 1-10 Reviewer Civ Pro
Rule 1-10 Reviewer Civ Pro
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
1. 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.
5. Transfer of Interest
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.
1. 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.
1. The procedure in the MTCs shall be the same as that in the RTC.
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. Allegations of capacity
1. Signature is a forgery
2. Signature is unauthorized
3. 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
1. 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. If denying only part of an averment, he shall specify so much of it as is true and
material and shall deny the remainder;
4. 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.
Amended Supplemental
Refers to facts existing at the time Refers to facts arising after the filing
of the commencement of the action of the original pleading