PRAC COURT - DAY 1

CAUSE OF ACTION
A cause of action is the act or omission by which a party violates a right of another. 1

Elements of a cause of action: (LOA)

1. The Legal right of the plaintiff;
2. The correlative Obligation of the defendant; and
3. The Act or omission of the defendant in violation of the said legal right.2

In determining the existence of a cause of action, only the statements in the complaint may properly be considered. Lack of
cause of action must appear on the face of the complaint and its existence may be determined only by the allegations of the
complaint. The consideration of other facts being proscribed and any attempt to prove extraneous circumstances should not
be allowed.3

Right of Action
The term right of action is the right to commence and maintain an action. In the law of pleadings, right of action is distinguished
from a cause of action in that the former is a remedial right belonging to some persons while the latter is a formal statement of
the operational facts that give rise to such remedial right. The former is a matter of right and depends on the substantive law
while the latter is a matter of statute and is governed by the law of procedure. The right of action springs from the cause of
action, but does not accrue until all the facts which constitute the cause of action have occurred.4

Requisites: (CCP)
1. Existence of a Cause of action;
2. Performance of all Conditions precedent to the bringing of the action; and
3. Right to bring and maintain the action must be in the Person instituting it.5

COMPLAINT / PETITION
The complaint is the pleading alleging the plaintiff’s cause or causes of action. The names and residences of the plaintiff and
the defendant must be stated in the complaint.6

The complaint should contain a concise statement of ultimate facts constituting the plaintiff’s cause of action, not evidentiary
facts or legal conclusions. It should also contain the relief prayed for.

A petition is a written application from a person or persons to some governing body or public official asking that some
authority be exercised to grant relief, favors, or privileges. A formal application made to a court in writing that requests action
on a certain matter.

BV: In the preparation or filing of a complaint, RULE 2 to RULE 10 must be considered.

BV: After complaint is prepared, next step is FILE the complaint

FILING
a - assessment of the correct docket fees
b - for the ROC to come into play

Options available to the plaintiff after filing the complaint:

1 – He may amend the pleading under Rule 10.
a) A party may amend his pleadings once as a matter of right at any time before a responsive pleading is served, or in
the case of a reply, at any time within 10 days after it was served.
b) Leave of court is required: (1) if the amendment is substantial; and (2) a responsive pleading has already been
served.
2 – He may dismiss the action under Rule 17.

1
Sec. 2, Rule 2, Rules of Court
2
Asia Brewery, Inc. v. Equitable PCI Bank, G.R. No. 190432, April 25, 2017
3
Viewmaster Construction Corp. v. Roxas, G.R. No. 133576, July 13, 2000
4
Multi-Realty Dev’t. Corp. v. The Makati Tuscany Condominium Corp., G.R. No. 146726, June 16, 2006
5
Turner v. Lorenzo Shipping, G.R. No. 157479, November 24, 2010
6
Sec. 3, Rule 6, ROC
 a) DISMISSAL UPON NOTICE BY PLAINTIFF. Under this section, dismissal is effected not by motion but by mere
notice of dismissal which is a matter of right before the defendant has: (1) Answered; or (2) Moved for summary
judgment; or (3) Upon the filing of the notice of dismissal, the court shall issue an order confirming the dismissal.
b) DISMISSAL UPON MOTION OF PLAINTIFF. Once either an answer or a motion for summary judgment has been
served on the plaintiff, the dismissal is no longer a matter of right and will require the filing of a motion to dismiss, not
a mere notice of dismissal.

SERVICE OF SUMMONS
BV: If plaintiff does not avail of the above options, next step is SERVICE OF SUMMONS under Rule 14.

Summons is the writ by which the defendant is notified of the action brought against him.

Knowledge of the defendant or by its agents of an action filed against it does not dispense with the need for summons.

Without a valid service, the court cannot acquire jurisdiction over the defendant, unless the defendant voluntarily submits to it.
When the defendant does not voluntarily submit to the court’s jurisdiction or when there is no valid service of summons, any
judgment of the court which has no jurisdiction over the person of the defendant is null and void. 7

Modes of Service of Summons

A. Service in person on defendant (Sec. 6)
1. By handing a copy of summons to the defendant in person; or
2. By tendering it to him, if he refuses to receive and sign for it.
B. Substituted Service (Sec. 7)
If, for justifiable causes, the defendant cannot be served within a reasonable time as provided in Sec. 6:
1. By leaving copies of the summons at the defendant’s residence with some person of suitable age and discretion
residing therein; or
2. By leaving the copies at defendant’s office or regular place of business with some competent person in charge
thereof.
C. Publication
As a general proposition, summons by publication is available only in actions in rem or quasi in rem.

BV: Other summonses mentioned are extraterritorial service of summons and alias summons.

BV: After service of summons, as counsel for the defendant, you may file:
1. Answer;
2. Motion to Dismiss under Rule 16; or
3. Motion for Bill of Particulars under Rule 12.

BV: Don't immediately file an answer so that issues will not be joined, meaning the issues will be considered ripe for
adjudication. It can be exposed to (a) summary judgment or (b) judgment on the pleadings. Also, it can go directly to the pre-
trial stage. Period will be temporarily stopped.

BV: Upon filing of the Answer, remedy available to the plaintiff:

1. [if no answer, motion to declare defendant in default]
2. If admit the material allegations, JOTP.
3. If there is an issue but not genuine, SUMMARY JUDGMENT.

REPLY
Reply is a pleading, the office or function of which is to deny, or allege facts in denial or avoidance of new matters alleged by
way of defense in the answer and thereby join or make issue as to such new matters.

Effect of Failure to File a Reply:

General Rule: The filing of the reply is optional as the new matters raised in the answer are deemed controverted even
without a reply.

Exceptions: Reply is necessary:

1. Where the answer is based on an actionable document in which case a verified reply is necessary, otherwise the
genuineness and due execution of said actionable document are generally deemed admitted.
2. Where the answer alleges the defense of usury in which a case a reply under oath is required, otherwise the
allegations of usury are deemed admitted.

7
Manotoc v. CA, G.R. No. 130974, August 16, 2006
BV: If no motion for SJ or JOTP, and assuming there’s an answer, SET THE CASE FOR PRE-TRIAL.

The ex parte motion to set the case for pre-trial is to be made by the plaintiff after the last pleading has been served and filed.
Specifically, the motion is to be filed within 5 days after the last pleading joining the issues has been served and filed.

If the plaintiff fails to file said motion within the given period, the branch clerk of court shall issue a notice of pre-trial.8

PRE-TRIAL BRIEF

SUB-STAGES OF PRE-TRIAL
 Mediation Stage
 JDR
 Pre-Trial Proper

What happens in the preliminary conference?

Marking of the exhibits before the branch clerk of court, and determine whether issues can be resolved.

In mediation, it is referred to the Philippine Mediation Center.

What can be referred to PMC? Generally, all civil cases, EXCEPT annulment of marriage, and cases which cannot be
compromised under the Civil Code. 30 days to settle the controversy, no extension. If the parties are in agreement, they will
execute a COMPROMISE AGREEMENT. It will be submitted to the court, and the court will issue an order confirming the
compromise agreement.

If PMC fails, JDR.

If JDR fails, the case will be re-raffled. Unless the parties jointly manifested in writing that despite the failure of JDR, the judge
can still hear the case.

In case the case was re-raffled, pre-trial proper under Rule 18.

Court issues a PRE-TRIAL ORDER which will govern the procedure of the case.

After pre-trial order or after the pre-trial stage, TRIAL PROPER.

Jump to Rules on Evidence,

A - Plaintiff presents evidence-in-chief (aka DIRECT EXAMINATION);

B – Cross-examination;
C – Re-direct examination;
D – Re-cross examination;
E – Then jump to the second witness following the same procedure.
F – FORMAL OFFER OF EXHIBITS.

Remedy to the defendant after formal offer of exhibits, Comment or Comment-Opposition.

G – Then court rules on the formal offer of evidence.

H - Plaintiff rests its case.

I – Remedy available to the defendant: Demurrer to evidence on the ground of insufficiency of evidence.
J – Comment ka uli after demurrer.
K – Then the court will decide on the demurrer to evid.

L – After (G), if some evidence presented were not accepted, TENDER OF EXCLUDED EVIDENCE (aka PROFFER OF
EVIDENCE).

M – Now it’s time for defendant to present evid, following the same procedure.

8
A.M. No. 03-1-09-SC
Is it always required for this presentation of evid be in this format (narrative form in open courts)? No, JAR is the
exception.

Let’s go to TRIAL which the ROC does not provide for a period.
Civil – no hard and fast rule;
Ordinary criminal case – 180 days
b/c of the continuous trial rule – 90 days / 180 days in ordinary crim case
Drugs – 60 trial days

Is there a demurrer if a ruling has been issued for the formal offer of evid of defendant? In other words, can the
plaintiff file a demurrer? – No. The plaintiff can file a rebuttal evidence.

After the trial stage, DECISION:

Ordinary civil case – 90 days
Writ cases – 48 hrs
TRO – ?
Kalikasan – 10 days

After decision has been received, remedies to the aggrieved party:

BEFORE FINALITY: MR, MNT, Appeal

AFTER FINALITY: Annulment of Judgment, Relief from Judgment, Certiorari

Then, EXECUTION and ENTRY OF JUDGMENT.

NOTE: At any stage, in ordinary civil cases, parties can:

A - validly enter into a COMPROMISE AGREEMENT ;
B – MOTION FOR WITHDRAWAL OF APPEARANCE AS COUNSEL; and
C - MOTION FOR RESETTING OF HEARING