You are on page 1of 5

CIVIL CASE

Ordinary Civil Action initiated by filing original complaint in court

- Court acquires jurisdiction over the person of the plaintiff (civil case)
- The first action of the court is to issue summons but not all because court will resolve
first some issue:

1. Plaintiff litigate as indigent/ motion to litigate as indigent (before court can acquire
juris pay first docket fees) – can decided by the court ex parte (summary hearing
yung plaintiff lang ang nandun)- preliminary sya kay ang defendant can question it
kay pwede irecall yan ng court and order plaintiff to file the correct docket fee

2. Instance when complaint is accompanied with prayer for issuance of TRO/motion


for issuance of Preliminary Attachment/motion for issuance of Replevin- these are
hearing ex parte (example multi sala court- issuance of TRO effective for 72 hours)-
pwede sya i- issue ng court even before the issuance of summons.

As plaintiff what things they need to consider before filing a complaint

1. Jurisdiction- is conferred by law (cannot be subject of stipulation/ agreement between parties)and


is determined by the allegations in the complaint( look at the prayer like demand to pay and
vacate-that is unlawful detainer/ejectment-but if di mo palayasin pabayaran lang- that is collection
case)

* If it is Unlawful Detainer case irregardless of amount MTC jud sya kay damages kay incidental lang sya

*Issue of Jurisdiction can be raised even first on appeal but can be barred by estoppel ( you invoked jur-
participated in the proceeding-then later on hindi pinaburan ng korte-then raise jur. Issue- estopped ka
na- case of sibonghanoy)

*What determines is the allegations in the complaint (prayer) and not the heading of the case

Court Acquires Jurisdiction over Person of the Defendant

1) Voluntary Appearance in Court


2) Proper service of summons-
i) personal service (handing of summon to defendant)- example dili defendant naa tapos
ang bana ra kay maybe abroad- jurisprudence would say that no proper service of
summons- so court did not acquire jurisdiction over the person of the defendant
ii) substituted
iii) publication
iv) extra territorial service of summons
Jurisdiction over the issues- can be found in the pleadings

During the presentation of evidence, only issues that the court acquired jurisdiction can be the subject of
evidence- if not raised that is objectionable.

-there allegations in the complaint that is deemed admitted if not specifically denied- example actionable
document like promissory note- gi allege sa plaintiff na naay promissory note then wala gi specifically
deny sa defendant- DAPAT SPECIFIC DENIAL JUD

Evidence not objected to- may be incorporated to the case

Implied Consent of the parties- in the answer of the defendant did not deny promissory note, did not
deny the genuineness of the PN, then after nag present sya witness na forged ang PN-

Amendment of pleadings to allow the presentation of evidence- if dili pa nagpresent ng evidence-


happens during pre-trial

Amendment of pleadings to conform to evidence- take note

SEVERAL KIND OF JURISDICTION

VENUE

Personal Action- the venue is determined by the residence of the plaintiff or defendant at the option of
the plaintiff (kung kinsa ni file action) – for the ordinary civil action

- but in criminal cases venue is jurisdictional


- but in real action- place where the property is situated- or the commonality of the
transaction

What if naa property sa Bansalan, Davao, Tagum?

Answer: In cases of three real properties located in different places-

i) Commonality of Parties
ii) Causes of Action

Then in any place where the property is situated- subject to the case- JUST REMEMBER DAPAT NAA
COMMONALITY

Certification of Non-Forum Shopping

Important-ground for dismissal if not included


Splitting of Causes of Action- rule – it is not allowed because it will result to the dismissal of the others-
purpose of certificate against non forum shopping

Verification

It is intended to secure an assurance that the allegations in a pleading are true and correct and not the
product of the imagination or a matter of speculation, and that the pleading is filed in good faith (Riano,
2014, citing Sarmiento v. Zaratan, G.R. No. 167471, February 5, 2007; BPI vs CA, G.R. No. 170625, 17
October 2008).

The absence of a proper verification is cause to treat the pleading as unsigned and dismissible (Riano,
2014, citing Chua v. Torres, G.R. No. 151900, 30 August 2005).

Summarizes the consequences of non attachment of NFS-V –

Payment of Docket Fees- it serves as lien for judgment- Ballatan vs CA

- Mcle compliance number- you cannot file pleadings if wala ka ana

Upon receipt of the complaint- naa na sa kamay ng Clerk of Court, nacomply na tanan- then proper
service of summons na- to acquire jurisdiction over the person of the defendant- and to inform him that
there is a case

TWO MOTIONS

Motion of Bill of Particulars- If vague allegations- file it to clarify with the plaintiff

Motion to Dismiss

For example there are four paragraph na nastricken off(not anymore considered as part of the pleading)
na- defendant file a motion to dismiss based on failure to state cause of action

Ginadiscourage sya sa summons but gi encourage na iraise to as part of your affirmative defense

Answer with affirmative relief-

Plaintiff while waiting for answer- he can amend his complaint and may pray for dismissal of case

- Amendment is a matter of right pending answer of the defendant

- Notice of dismissal can be filed by the plaintiff before answer is served

to him
- Notice of dismissal (Rule 17) can filed on any ground because there is
no ground set by the rules

- Notice of dismissal can only be done once because if twice na it can be


with prejudice na

But in one case- nagfile sya dismissal nya wala man jurisdiction court ato-then file na pud sya NOD okay
ra…..

Motion to dismiss was denied- It was denied you have to file answer

If there is answer already tapos amend sya- dapat with leave of court na- 10 days nalang sya

Duty of the Clerk of the Court to Schedule the pre-trial

Pre trial- if plaintiff fails to appear- dismissal of the case (take note that the party ha not the counsel so if
naa ang party okay)

- court cannot declare the defendant in default moto propio but there must be motion- there
must be notice to the defendant-

Motion to declare defendant in default- there must be hearing- you have to show the court that
defendant received summons on a particular date-

Summary Procedure- 10 days file answer same with small claims

- Here motion to render judgment ang dapat ifile if defendant did not answer within the
reglamentary period

Have the default order set aside – motion to set aside order of default- if wala pa judgment- so that
defendant will regain his standing in court para makafile answer

Motion for new trial- If naa na judgment na narender

If judgement kay final na- petition for relief from judgment na (take note these are remedies when
defaulted)

After issues has been joined during the trial na, the rule on evidence will come in-
Kung ang issue kay kinsa namakak ug nag storya tinood- the court can resolve it through presentation of
evidence

Judgement based on the pleadings- if wala na factual issue then di na kailangan mag present ug
evidence

-pwede ifile sa defendant ug sa plaintiff

- The answer fails to tender an issue or there is an admission of material allegations.

Judgment on the Pleadings (Rule 34) Summary Judgment (Rule 35)


Based solely on the pleadings. Based on the pleadings, depositions, admissions
and affidavits.
Generally available only to the plaintiff, unless Available to both plaintiff and defendant.
the defendant presents a counterclaim.
The answer fails to tender an issue or there is an There is no genuine issue between the parties,
admission of material allegations. i.e. there may be issues but these are irrelevant.
3-day notice for motion required. 10-day notice required.
On the merits May be interlocutory (i.e. partial summary
judgments) or on the merits.

If dili sila applicable kanang sa taas kay TRIAL na so diha na mga present ug EVIDENCE

Judgment

1) Should be in writing (under continuous trial pwede na oral judgment)

If not satisfied with JUDGMENT