LEVEL TWO: PREPARATION FOR THE PREPARATION OF THE

COMPLAINT (Things that you must know before you can sit down and
prepare a complaint)

I. Determining nature of action

1. What is meant by “nature” of an action?
2. How will you determine the nature of an action?
(derive your answers from these cases. Write the gist of the
ruling, concise and precise enough for you to be able to
memorize and use in your exams)
a. Jimenez vs. Jordana (November 25, 2004)
b. Zacarias vs. Anacay (eSptebmer 24, 2014)
c. Remarkable Laundry vs. Pajares (February 20, 2017)

3. Incapable of pecuniary estimation vs. real action: Heirs of

Alejandro Ramiro et al vs. Verna Bacaron G.R. No. 196874
dated February 6, 2019
4. List down all the possible civil cases that may be filed in
court, indicate their nature, and if their subject matter is
capable of pecuniary estimation or not.

5. What are admiralty cases?

6. What are probate proceedings?
7. Why is there a need to determine the nature of action?
8. What will prevail in case of a conflict between the caption
and the body in the determination of the nature of the action?
9. What will prevail in case of a conflict between the body and
the relief in the determination of the nature of the action?

II. Determination of cause of action

1. What is a cause of action?

2. What are the elements of a cause of action?
3. What is a right of action?
4. What is splitting a cause of action?
5. What is the principle of anticipatory breach? When does it
apply?
6. When is splitting a cause of action allowed?
7. What is the effect if a cause of action is split?
8. What are the three kinds of forum shopping?
9. What is a joinder of causes of action?
10.When is a joinder of causes of action allowed?
11.Why is a joinder of causes of action allowed?

III. Determining compliance with conditions precedent

1. What is a condition precedent to the filing of a complaint?
2. Give five examples of conditions precedent?
 3. What actions may not require referral to barangay
conciliation?
4. What may the court do if an action is filed without referral for
barangay conciliation?
5. What is the effect is the case was not referred for barangay
conciliation prior to filing?
6. When is an arbitration agreement deemed a condition
precedent?
7. What is the doctrine of non-exhaustion of administrative
remedies?
8. How is the doctrine of non-exhaustion of administrative
remedies similar to the doctrine of primary jurisdiction?
9. How is the doctrine of non-exhaustion of administrative
remedies different from the doctrine of primary jurisdiction?

IV. Determining which court has jurisdiction

1. What is a court?
2. What are the different kinds of court in the Philippines?
3. What is jurisdiction in civil procedure?
4. What are the aspects of jurisdiction in civil actions?
5. What is original jurisdiction?
6. What is exclusive jurisdiction?
7. What are the actions falling within the exclusive jurisdiction
of Municipal Trial Courts?
8. What are courts are encompassed by the term “Municipal
Trial Court”?
9. What are the actions falling within the exclusive original
jurisdiction of Regional Trial Courts?
10.Why are the Regional Trial Courts called courts of general
jurisdiction?
11.What actions fall within the concurrent jurisdiction of several
courts?

V. Determining the venue or the specific court where the action

is to be filed:
1. What is venue?
2. How is it different from jurisdiction?
3. When is there a valid waiver of venue?

VI. Determining the applicable rule

1. What are the civil actions that are governed by the Rule on
Summary Procedure?
2. What are the civil actions governed by the 2016 Revised
Rules for Small Claims Cases?
3. Give special rules that apply to civil actions?
VII. Determining the parties

1. Who is a party to an action?

2. Who may be parties to an action?
3. When may a party be not a person? (Resident Mammals of
Tanon Strait)
4. What are the requisites before a natural person can become a
party to an action?
5. What are the requisites before an artificial being can become
a party to an action?
6. Who is a real-party-in-interest?
7. What is locus standi?
8. Who is an indispensable party?
9. Who is a necessary party?
10.Who is a pro forma party?
11.Who is a plaintiff?
12.Who is a defendant?
13.Who is a third-party plaintiff?
14.Who is a cross-claimant?
15.Who is a counterclaimant?
16.What is a representative suit?
17.Who may file a representative suit?
18.What is a class suit?
19.What are the requisites of a class suit?
20.What are the requisites for a valid joinder of parties?

VIII. Determining provisional remedies

1. What is a provisional remedy?

2. What is an ancillary remedy?
3. List down all the provisional remedies under the rules on civil
procedure and indicate the problem that may be addressed
thereby.
4. What are the provisional remedies that may be incorporated
in the complaint?

IX. Determining modes of discovery

1. What is a mode of discovery?

2. What are the purposes of modes of discovery?
3. What are the different modes of discovery?
4. What modes of discovery may be availed of before or at the
time of the filing of the complaint?