CIVIL PROCEDURE
Lecture Notes of Atty. Reynaldo U. Agranzamendez
JURISDICTION
Jurisdiction is the inherent power of a court to hear,
try, and decide a case.
 If the court has no jurisdiction, its only power
is to dismiss the case.
 If the court continues even without
jurisdiction, all subsequent proceedings are
void for lack of jurisdiction.
The Court must acquire jurisdiction over:
(1) The parties;
(2) The subject matter of the action; and
(3) The res
Jurisdiction over the parties
How may the court acquire jurisdiction over the
plaintiff?
By the filing of a complaint, the plaintiff submits
himself to the jurisdiction of the court.
How may the court acquire jurisdiction over the
defendant?
In one of two ways:
(1) By a valid service of summons; or
(2) By his voluntary appearance in court.
Jurisdiction over the subject matter of the action
Refers to the authority of the court to try and decide
cases of a general class to where the action
belongs.
What determines the jurisdiction over the subject
matter?
The facts alleged in the complaint, irrespective of
whether or not the plaintiff is entitled to recover upon
all or some of the claims asserted therein, and the
law in force at the time of the filing of the complaint
determine the jurisdiction of a court. It cannot be
made to depend upon the defenses set up in the
answer or in the motion to dismiss.
Exception:
In an ejectment case filed with the MTC where the
defendant sets up the defense of agricultural
tenancy by claiming that he is a tenant. In such a
situation, the MTC must not dismiss the case outright
but must conduct a preliminary hearing on said
defense.
If the court finds that there is indeed an agricultural
tenancy relationship between the plaintiff and the
defendant, then it must dismiss the case as it falls
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within the exclusive jurisdiction of the Department of
Agrarian Reform Adjudication Board (DARAB).
Jurisdiction over the subject matter of the action is
determined by the total amount of plaintiff’s claim,
exclusive of the following:
DIAL-C
(1) Damages of whatever kind;
(2) Interest;
(3) Attorney’s fees and litigation expenses; and
(4) Costs.
Jurisdiction over the res
Applies only if the defendant is a non-resident
defendant who is not in the Philippines.
Jurisdiction of the courts over Personal Actions and
Real Actions
Real Action
- When the action involves title to or right of
possession over real property (i.e. lands,
buildings, and other immovable or real
properties)
Personal Action
- When the action does not involve title to or
right of possession over real property.
Not all real properties are subject of a real action. It
must affect title to or right of possession over real
property.
What determines the jurisdiction of the court over
personal and real actions?
Real Action
Jurisdiction is determined by the assessed value of
the real property, usually evidenced by a tax
declaration.
 MTC: if the assessed value does not exceed
P20,000, or P50,000 in Metro Manila;
 RTC: if the assessed value exceeds P20,000 or
P50,000 in Metro Manila.
Note: The complaint must allege the assessed value
of the real property or immovable subject of the
complaint.
 CIVIL PROCEDURE
Lecture Notes of Atty. Reynaldo U. Agranzamendez
Q: What happens if the plaintiff failed to allege the
assessed value of the complaint?
A: The complaint will be dismissed because the
jurisdiction of the court is determined by the facts
alleged in the complaint.
Note: If there is more than 1 real property alleged in
the complaint, the jurisdiction of the court is
determined by the combined assessed value of the
real properties involved.
The complaint must also allege the fair market value
to determine the docket or filing fees. Damages
alleged are not considered in determining the
jurisdiction of the court in real actions.
Personal Action
Jurisdiction is determined by the total amount of
plaintiff’s claim or the total value of the personal
property involved, exclusive of DIAL-C.
MTC: If the value does not exceed P300,000 or
P400,000 in Metro Manila;
RTC: If the value exceeds P300,000 or P400,000 in
Metro Manila
However, if the main cause of action or one of the
causes of action is damages, the computation must
include all the other forms of damages (DIAL-C) and
the total amount of such claim shall determine
which court has jurisdiction.
Examples of Real and Personal Action
X has a land which he mortgaged to Y to secure a
loan. If X does not pay when the debt becomes due,
Y may foreclose the mortgage.
Q: Action for judicial foreclosure – real or personal?
A: Real action. X can file an action for redemption
to recover the property foreclosed.
Q: Action to redeem the property foreclosed – real
or personal?
A: Real action.
Test: If the action affects ownership (change in
ownership or change in possession), it is a real action.
Q: X mortgaged his land to Y. X paid all of his debts
to Y and asked Y to execute a deed of cancellation.
Y refused. X filed a complaint to compel Y to execute
a deed of cancellation. Is this a personal or real
action?
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A: Personal, because there is no change in
ownership or possession.
Why is there a need to determine if the action is real
or personal?
Not only for jurisdiction but also for venue. If it is a real
action, the venue is in the municipality or region
where the property is situated.
Q: X and Y bought a land from Z. They agreed that
the deed should contain both their names as co-
owners. X entrusted his share of the purchase price
to Y, but Y had the deed named after him only, to the
exclusion of X. X filed an action for annulment of the
deed of sale and the certificate of title issued to Y.
Suppose the assessed value of the land bought is
P19,000, where should the action for annulment be
filed?
A: Since it involves a real action, it should be filed
with the MTC because the assessed value of the
property is only P19,000.
Test of Jurisdiction
1. Nature of Action Test
- whether the action is capable or incapable
of pecuniary estimation.
It is capable of pecuniary estimation if the amount
of the claim can be ascertained, where the
jurisdiction of the court is determined by the amount
of plaintiff’s claim exclusive of DIAL-C. If it is
incapable of pecuniary estimation, RTC always has
exclusive original jurisdiction, regardless of the
amount of the claim.
Actions Incapable of Pecuniary Estimation
An action is incapable of pecuniary estimation if the
issue is something other than the payment of a sum
of money or the claim of payment of a sum of
money is merely incidental to the main cause of
action.
Ex. Action for specific performance
 If the claim is specific performance and claim
for damages, then the payment of damages
is merely incidental to the main cause of
action and is therefore incapable of
pecuniary estimation.
 If the claim is specific performance or
payment of damages, then the action
became capable of pecuniary estimation
 CIVIL PROCEDURE
Lecture Notes of Atty. Reynaldo U. Agranzamendez

because the plaintiff has placed a money RULE 1 – GENERAL PROVISIONS

equivalent to the action for specific 2 kinds of Civil Action (Sec. 3)
performance. 1. Ordinary Civil Action
2. Special Civil Action
Note: Even if the action is denominated as one for
specific action or annulment or rescission of an Special Proceedings
instrument, if the primary objective of the plaintiff is Remedies to establish a status, aright or a particular
to recover title to or right of possession over a real fact.
property, the action shall be considered a real Ex. Petition for Guardianship over a person
action. Here, the jurisdiction of the court shall be who is insane.
determined by the assessed value of the real Petition for Change of Name
property involved. Settlement
Habeas Corpus
Examples of Actions other than Payment of Sum of Petition for Adoption
Money (and are therefore incapable of pecuniary
estimation) DISTINCTIONS BETWEEN AN ORDINARY CIVIL ACTION
(1) Specific Performance AND SPECIAL PROCEEDINGS
(2) Rescission
(3) Annulment Ordinary Civil Action Special Proceedings
(4) Action for Support (the issue is not the
amount of money claimed, but the plaintiff’s Adversarial May or may not be
right to support) adversarial
(5) Action for Expropriation (the issue is the Formal demand of a Merely a remedy to
authority of the plaintiff to expropriate the right establish a status, right
property for public use) or particular fact
There are always 2 There may only be 1
2. Primary Objective Test parties: the plaintiff and party: the plaintiff
- determination of the type of action (whether the defendant
real or personal)
When are the rules not applicable? (Sec. 4)
Ejectment Cases
In the following cases:
- MTC always has exclusive original jurisdiction 1. Election cases;
regardless of the amount of plaintiff’s claim
2. Land registration;
(i.e. unpaid rent)
3. Cadastral cases;
- Property involved is always an immovable or
4. Naturalization cases; and
real property. 5. Insolvency cases.
- ISSUE: who has the right of actual or physical
possession. EXCEPT in a suppletory character and whenever
practicable and convenient.
Examples:
P v. D for Unlawful Detainer Commencement of Action (Sec. 5)
Claim for unpaid rent of P2M in the same action. How is a civil action commenced?
MTC has jurisdiction because payment of rent is By the filing of the original complaint in court.
merely incidental to the ejectment case.
However, if an additional defendant is impleaded in
P v. D
a later pleading, the action is commenced with
P is not ejecting D, but files an action for payment of regard to him on the date of the filing of such later
rent. pleading, irrespective of whether the motion for its
RTC has jurisdiction because the claim is now for admission, if necessary, is denied by the court.
payment of sum of money.
Q: How may the omitted indispensable party be
impleaded?
A: By filing an amended complaint.

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 CIVIL PROCEDURE
Lecture Notes of Atty. Reynaldo U. Agranzamendez
Examples:
X v. Y
Original complaint was filed on July 1, 2019.
X files an amended complaint against Z on July 16,
2019, impleading him in a later pleading.
Q: When was the civil action commenced?
A: July 1. However, with regard to Z, the action was
commenced on July 16 regardless of whether the
petition for X’s motion was granted or denied.
Note: This applies only if the amendment is to
implead an additional defendant. If the
amendment is to include another cause of action or
change a cause of action, then the complaint will
be treated as a new complaint. The civil action will
be commenced not as of the filing of the original
complaint, but as of the filing of the amended
complaint.
Classification of Civil Actions
1. According to the object (against whom the action
is directed)
a. Action in rem – directed not against a
person, but against the whole world. It is the
publication of the notice which brings the whole
world into the action. A judgment rendered in this
action binds the whole world.
b. Action quasi in rem – directed against a
particular person but the purpose of the action is to
subject the interest of that person in a property to an
obligation burdening that property. The judgment
binds only the parties.
c. Action in personam – directed against a
particular individual and it is based on a claim
against that individual based on his own personal
liability. The judgment binds only the parties.
2. According to the basis of the action
a. Real Action – if it involves title to or right of
possession over a real property
b. Personal Action – if it does not involve title
to or right of possession over a real property
RULE 2 – CAUSE OF ACTION
If the complaint fails to state a cause of action, the
complaint may be dismissed upon motion of the
offended party for lack of cause of action. (Sec. 1)
Failure to state a cause of action is not the same as
plaintiff has no cause of action.
Cause of Action
Act or omission that violates the right of another.
(Sec. 2)
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Requisites:
(1) Existence of plaintiff’s right;
(2) An act or omission on the part of the
defendant in violation of plaintiff’s right; and
(3) Damage or injury to the plaintiff.
Only one action may be instituted on the basis of a
single cause of action. (Sec. 3)
Splitting a Single Cause of Action
Process of dividing a cause of action into many parts
and filing a complaint based on each part.
If two or more suits are instituted party on the basis of
the same cause of action, the filing of one or a
judgment upon the merits in any one is available as
a ground for the dismissal of the others. (Sec. 4)
Grounds for Dismissal:
1. Litis pendentia or lis pendens
- there is another action pending between
the same parties and for the same cause of action
 Lis pendentia obtains even if the positions of
the parties in the second case is reversed.
2. Res judicata
- if the judgment in one case has already
become final
Examples of splitting a single cause of action:
X sold his land to Y. Y failed to pay.
1st case: X v. Y for Annulment of Sale
2nd case: X v. Y for Collection of Unpaid Money
Same evidence is to be presented in both cases.
Cause of action: nonpayment of the loan
A mortgaged his land to B in consideration of a loan.
If A fails to pay, B’s choice of remedies are as follows:
1. collection of sum of money; or
2. foreclosure of the mortgage.
Both are considered as the same cause of action.
Q: If B files a case against A for (1) collection of sum
of money, then files another case for (2) foreclosure
of the mortgage, what is the remedy of A for the 2nd
case?
A: Move for the dismissal of the case on the ground
of litis pendentia, because the filing of one excludes
the other.
 CIVIL PROCEDURE
Lecture Notes of Atty. Reynaldo U. Agranzamendez
2 Tests to Determine Which Case Should Be Dismissed
1. Priority in Time Rule
- the 2nd case should be dismissed. However,
this test yields to the More Appropriate Action
Test.
2. More Appropriate Action Test
Examples:
H and W are husband and wife.
1st case: W v. H for support.
2nd case: H v. W for legal separation. In this case, W
filed an answer and asserted a counterclaim for
support against H.
Q: Is there litis pendentia?
A: Yes.
Q: Which case should be dismissed on the ground of
litis pendentia?
A: The 1st case should be dismissed. Although it
enjoys priority in time, the 2nd case is more
appropriate because the parties will be able to
litigate both the actions for legal separation and the
action for support, while the 1st case will only litigate
the action for support.
A borrowed P1M from B, for which he mortgaged his
land as security. The conditions for B to lend the
money to A are as follows:
1. There must be a mortgage; and
2. A must issue a postdated check in the
amount of P1M.
A agreed to both conditions. When the debt
became due, A failed to pay. B then filed a case
against A for violation of BP 22. While this case was
pending, B filed an action against A for foreclosure
of the mortgage.
Q: Can B still foreclose the mortgage?
A: No more. The criminal action for violation of BP 22
includes the civil action for collection of sum of
money.
Q: What is the remedy of A?
A: Move to dismiss the 2nd case on the ground of litis
pendentia.
Determination of the singleness of a cause of action
If the cause of action is based on delict, the
singleness of the cause of action will depend on the
singleness of the delict or wrong committed,
regardless of how many injuries were sustained by
the plaintiff.
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Ex. Intrusion to house + physical injuries = only
1 wrong committed
Joinder of Causes of Action
The process of uniting two or more causes of action
in one complaint.
Joinder of causes of action is permissive – in that the
plaintiff is not compelled to join his causes of action.
Q: Why does the rule allow joinder of causes of
action?
A: To avoid multiplicity of suits.
Requisites: (Sec. 5)
(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
actions or actions governed by special rules;
(3) Where the causes of action are between the
same parties but pertain to different venues
or jurisdictions, 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;
(4) 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.
Explanation of the Requisites:
1. Rules on Parties (Rule 3)
Joinder of parties is also permissive.
Requisites:
1. The right to relief for or against the parties arose
out of the same transaction or event or series of
transactions or events;
2. There is a question of fact or a question of law
common to all of them.
Combination of Parties in a Joinder
1. PP v. D – several plaintiffs against 1 defendant
2. P v. DD – 1 plaintiff against several defendants
3. PP v. DD – several plaintiffs against several
defendants
2. The joinder of causes of action cannot include a
special civil action or a civil action governed by
special laws.
Examples:
Declaration of Nullity of Certificate of Title (OCA)
cannot be joined with an Action for Quieting of Title
(SCA – Rule 63).
 CIVIL PROCEDURE
Lecture Notes of Atty. Reynaldo U. Agranzamendez
Action for Rescission (OCA) cannot be joined with an
Action for Partition (SCA – Rule 69).
Misjoinder of Causes of Action
However, if a special civil action or an action
governed by special rules is joined by an ordinary
civil action, there is a misjoinder of causes of action.
Q: If a cause of action is misjoined to another cause
of action, is it a ground for the dismissal of the
complaint?
A: No. Upon motion of any party or upon the court’s
own initiative, the misjoined cause of action may be
severed from the case and proceeded with
separately. (Sec. 6)
Example:
Action for Rescission (OCA) misjoined with an Action
for Partition (SCA)
Q: Suppose there was no motion to sever. The case
went to trial and the plaintiff presented evidence on
the 2 causes of action. The defendant also presented
evidence on both causes of action. May the court
render judgment on the 2 causes of action although
misjoined?
A: Yes. If notwithstanding the misjoinder, the parties
presented evidence on the misjoined causes of
action, the court may render judgment on the 2
causes of action, provided that the court has
jurisdiction over the 2 causes of action.
3. Same causes of action between the same parties,
but pertain to different venues or jurisdictions.
Example:
X, residing in Baguio, lent P250,000 to Y who was
residing in Dagupan, evidenced by a promissory
note. X tasked Y to oversee his land located in
Baguio (assessed value: P75,000) while he went to
Australia. Y then falsified a deed of sale and had the
title over the land transferred to his name. When X
returned, he found out about the falsification and
simultaneously, Y’s debt evidenced by the
promissory note became due.
Q: How many causes of action does X have against
Y?
A: He has 2 causes of action: one for an Action for
Collection of a Sum of Money and one for an Action
for Recovery of Ownership.
Note: MTC of Baguio or Dagupan, at X’s option, has
jurisdiction over the Action for Collection of a Sum of
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Money while RTC of Baguio has jurisdiction over the
Action for Recovery of Ownership (province or city
where the real property is located).
Q: Is X compelled to join the causes of action?
A: No.
Q: Can he join the 2 causes of action?
A: Yes, provided that one of the causes of action falls
within the jurisdiction of the RTC. In this case, the
Action for Recovery of Ownership falls within the
jurisdiction of the RTC of Baguio, hence X may join
the 2 causes of action against Y.
4. Totality of Claim
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.
Example:
5 divisible obligations evidenced by 5 promissory
notes amounting to P100,000 each – 5 complaints.
However, if the plaintiff chooses to join all the causes
of action in 1 complaint, the aggregate amount
claimed shall be the test of jurisdiction.
Hence: P500,000 is the aggregate amount. RTC has
jurisdiction because it exceeds P400,000.
RULE 3 – WHO MAY BE PARTIES
Who may be parties in a civil action?
Only the following may be parties:
(1) Natural persons;
(2) Juridical persons; and
(3) Entities authorized by law.
XPN: PD 1521 (law re: Mortgage of Vessels)
A vessel can be a defendant in a civil action,
although it cannot be a plaintiff. A vessel may also
be arrested.
Juridical Person
Can sue but cannot be sued.
Ex. State, corporation
Entity Authorized by Law
Where 2 or more individuals organize themselves
under a common name. They can be sued, but they
cannot sue under that common name.
Ex. Labor organizations, associations, estate
of a deceased person
 CIVIL PROCEDURE
Lecture Notes of Atty. Reynaldo U. Agranzamendez
Q: Suppose there is a sole proprietorship – Skyline
Enterprises, and it files a case against the defendant,
Roney Jone, who is a natural person. May the sole
proprietorship be a plaintiff?
A: No. The defendant may move to dismiss the
complaint on the ground that the plaintiff has no
legal capacity to sue.
Note: Lack of legal capacity to sue is not limited to
the above example. Lack of legal capacity arises if
the plaintiff is not in possession of his civil rights.
Ex. Minor not represented by his guardian,
person suffering from insanity
Q: Suppose the defendant is the one not among the
enumeration in Rule 3 Sec. 1, may the complaint be
dismissed?
A: Yes, because the party should be any one of
those enumerated in Sec. 1 of Rule 3. If the plaintiff
has no legal capacity to sue, the ground for dismissal
is that the plaintiff has no legal capacity to sue.
If the defendant has no legal capacity to sue the
ground is that the complaint states no cause of
action. The complaint cannot state a cause of
action against them.
Parties
(1) Plaintiff
One asserting a claim and one who has a right to the
relief demanded. He may be the claimant in the
original complaint, the counter-claimant in a
counterclaim, or the cross-claimant in a cross-claim.
(2) Defendant
One who has an interest opposed to the interest of
the plaintiff. He may be the original defending party,
the defendant in a counterclaim, or the cross-
defendant in a cross-claim.
Counterclaim
Claim of one defendant against the opposing party.
X v. Y – original case
If Y asserts a counterclaim against X, as to the
counterclaim, Y is the plaintiff and X is the defendant
– Y v. X
Crossclaim
Claim by one party against his co-party.
A v. B and C
As a result of the complaint, B also has a claim
against C arising from the subject matter of the
complaint. As to the crossclaim, B is the plaintiff and
C is the defendant.
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Third-party Complaint
Claim by the defendant against a person who is not
a party to the action. It is a way by which the
defendant can bring into the action a person who is
not originally part of the action.
Ex. Y is covered by an insurance policy. X files
a claim against Y. Y has the right to file a case
against his insurer, Z, to demand indemnity.
Case: Suppose A filed a case against B. C has an
interest in the subject of the litigation, but he is not
impleaded.
Q: How can C join as a party?
A: C can intervene as a plaintiff in the action, where
he becomes a defendant-intervenor.
If C intervenes against both A and B, he becomes a
plaintiff-intervenor.
Case: Sole proprietorship v. D
Q: Suppose D did not move to dismiss (on the ground
that the plaintiff has no legal capacity to sue), and a
judgment was given on the merits. May D still move
to dismiss?
A: No more. He has waived his objection. The defect,
being merely a formal defect, may be cured by
amendment.
Sec. 2
An action must be prosecuted or defended in the
name of the real party in interest.
Real Party in Interest
Whether it be the plaintiff or the defendant, a real
party in interest is one who stands to be benefitted
or injured by the judgment in the suit, or one who is
entitled to the avails of the suit.
Persons not a party to the contract may not sue,
except if the contract contains a stipulation in his
favor, as in the case of a stipulation pour autrui.
Q: What happens if the plaintiff or the defendant is
not a real party in interest?
A: Then the complaint may be dismissed on the
ground that the complaint fails to state a cause of
action.
If the person has no personality to sue, or has no
personality to be sued, the complaint may be
dismissed on the ground that the complaint fails to
state a cause of action.
 CIVIL PROCEDURE
Lecture Notes of Atty. Reynaldo U. Agranzamendez
A real party in interest may either be an
indispensable party or a necessary party.
Indispensable Party
If the party who is not impleaded is an indispensable
party, joinder is compulsory. The Court has to order
the plaintiff to implead the indispensable party. If
not, the judgment is void.
XPN: A class suit. In a class suit, all the individuals
belonging to the class suit are indispensable parties,
but all of them need not be joined.
Necessary Party
If the party omitted is a necessary party, there may
still be a judgment. However, the necessary party
must be impleaded in order to have a complete
settlement.
If the necessary party was not impleaded, the
plaintiff must include his name in the complaint and
the reason for his omission. If the court does not find
the reason to be meritorious, it must order the plaintiff
to implead the necessary party. If the plaintiff
refuses, then he is deemed to have waived his claim
against the necessary party and is deemed to have
disobeyed the orders of the court.
Class Suit
May either have plaintiffs as a class or defendants as
a class.
Requisites:
(1) The subject matter of the action must be of
common or general interest to many persons;
(2) The parties affected are so numerous that it
is impracticable to join all as parties; and
(3) The parties before the court who are bringing
the action or defending the suit are found by
the court to be so numerous and
representative as to fully protect the interest
of all concerned.
Explanation:
1. Subject matter
Benefit to one is benefit to all.
There must be community of interests. The interest of
one plaintiff must not be capable of separation or is
inseparable from the interest of the others, because
if you can separate it anyway, then it is not a class
action.
Case: Dona Paz Case
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The petitioners filed a class action for damages
against the ship owner. But the petitioners identified
different life expectancies and computation of
damages for each victim. The Supreme Court held
that it is not a proper class action because the
petitioners do not have a common or general
interest in the subject matter of the action.
2. Parties affected are so numerous that it is
impracticable to join all as parties.
3. Parties bringing the action are sufficiently
numerous and representative as to fully protect the
interest of all concerned.
For the 2nd and 3rd requisites to be complied with, the
complaint must allege the existence of a class and
the approximate number of individuals belonging to
the class to give the court an idea if this is indeed a
class action.
Example of a Proper Class Action/Suit
Opening of a dam which will affect the environment.
Examples of an Improper Class Action/Suit
Dona Paz Case
Class Action for parcels of land – where one party’s
interest is limited only to the parcel of land he is
currently occupying.
Permissive Joinder of Parties
Permissive because the parties may join, but they are
not compelled to join.
Ex. Bus passengers as victims of an accident
Requisites
(1) The right to relief arose from the same event
or transaction or series of events or
transactions; and
(2) There is a question of fact or question of law
common to all the plaintiffs or to all the
defendants.
Q: What if the action is not a class action but the
parties have a common or general interest?
A: Then they may all be joined as parties.
Q: XYZABC are siblings. XYZ want to file an action for
partition, while ABC do not agree. When X and Y
were about to file a petition, Z could not be found
and could not be contacted. X and Y decided to
include him anyway. In case a case was filed
against ABC (XYZ v. ABC), will it be proper?
 CIVIL PROCEDURE
Lecture Notes of Atty. Reynaldo U. Agranzamendez
A: No. It violates the right of the non-consenting
plaintiff (Z) to due process.
Q: How then may he be impleaded if his consent
cannot be obtained?
A: Call him an unwilling co-plaintiff and implead him
as a defendant, and the reason therefor shall be
stated in the complaint. That way, he will still receive
summons.
Death of a Party
Q: What is the duty of the counsel if his client dies?
A: The counsel has two duties:
(1) To notify the court of the death of the
deceased party within 30 days of such death
(must be counted from the date of the
actual date of death, not the date of
discovery); and
(2) To give the names and addresses of the legal
representatives of the deceased party for
substitution.
Note: Substitution applies only if the case is not
extinguished by the death of the party. If the action
survives, there will be substitution.
Steps:
(1) There must be a party who dies (either the
plaintiff or the defendant) and the claim is
not extinguished by the death of the party;
(2) The counsel must notify the court of death of
the party and the names and addresses of
the legal representative for substitution;
(3) The court issues an order directing the legal
representatives to appear in court within 30
days from substitution.
Note: The counsel cannot assume to represent the
legal representative of his deceased client. His
engagement as counsel ends upon the death of the
party. However, he still has to comply with his duties
to the court upon his client’s death.
Q: Suppose there is no legal representative or even
if there is, they fail or they refuse to appear within 30
days. What should the opposing party do?
A: The opposing party must procure the
appointment of an administrator of the estate of the
deceased party who will act as the substitution of
the deceased party.
If notice of death was given to the court and no
substitution to the party is made, the judgment is
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void. Substitution cannot be forced on the legal
representatives in order to comply with due process.
Example: (Bar Question)
X v. Y – Y dies. Counsel for Y notified the court of Y’s
death, and gave the name and address of the legal
representatives A and B. The counsel for X filed a
motion asking the court that A and B substituted as
defendants. The court issued an order granting the
motion. A judgment was rendered against the
substituted defendants A and B.
Is the judgment valid?
A: No, because the steps in the substitution were not
followed. They were substituted as defendants on
motion of the plaintiff. It should be by the order of the
court.
Examples of actions that are not abated by the
death of the party
(1) Actions for damages based on delict or tort
(quasi-delict);
(2) Actions to recover possession of property
either real or personal;
(3) Actions for breach of contract (i.e. contract
of carriage);
(4) Contractual money claims.
Actions that do not survive the death of the party
These actions are personal to the parties.
(1) Support;
(2) Annulment;
(3) Declaration of Nullity;
(4) Legal Separation.
Contractual Money Claims
Actions for money arising from a contract, express or
implied.
Q: What happens if, in an action for contractual
money claims, the defendant dies?
A: The action shall continue until entry of judgment.
Q: When can there be entry of judgment?
A: The moment the judgment becomes final, there is
entry of judgment. Date of finality is deemed to be
the date for entry of judgment.
Background – How Judgment is Enforced
Judgment-obligee files a Motion for Execution
enforcing the Judgment
Court orders execution
Writ of Execution
Levy on the judgment property of the obligor
Sale on Execution
 CIVIL PROCEDURE
Lecture Notes of Atty. Reynaldo U. Agranzamendez
Examples
P v. D – D died while the action is pending.
If D dies before entry of judgment then the action
shall continue until entry of judgment. The judgment
will not be enforced by execution but will be
presented as a money claim based on judgment in
the settlement of the estate of the deceased
defendant.
If D dies before levy (there is now a final judgment):
Present the money claim as a money claim in the
settlement of the estate of the deceased.
If D dies AFTER levy, then the execution proceedings
will continue. The property levied upon will be sold in
a sale on execution.
Q: Suppose no case was filed against D (debtor) yet,
then he dies. Can P still file a case against him?
A: No, because he has no more personality. The
claim will be presented as a money claim in the
settlement of the estate of the deceased debtor.
Settlement of the Estate of the Deceased
If a person dies, leaving an estate, his estate will be
settled either judicially (only when estate cannot be
settled extra judicially) or extra judicially.
Q: When may the estate of a deceased person be
settled extra judicially?
A: Only in the following:
The decedent died without a will or he died
intestate;
He died without debts;
All of his heirs are of legal age or legally represented;
Settlement must appear in a public instrument.
Judicial Settlement
Petition for Appointment of Administrator or Executor
(if there is a will)
Upon appointment, the clerk of court will cause to
be published once a week for 3 consecutive weeks
a notice to the creditors directing them to file their
claims against the estate with the clerk of court
within a period of not less than 6 months but not
more than 12 months from the date of the first notice.
Claims that may be filed by the creditors:
(1) Money claims arising from contract, express
or implied, whether they may be due, not
due or contingent;
(2) Funeral expenses and expenses during the
last illness of the decedent;
(3) Money claims based on judgment.
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Death of a Party who is a Public Official
(1) When a public official sues or is sued, and
while the action is pending he either dies,
resigns, or otherwise ceases to hold office,
the successor is substituted in his place if:
(2) There is satisfactory proof that there is a
substantial need for maintaining or
continuing the action against the successor;
(3) The successor adopts or continues or
threatens to adopt or continue the action of
his predecessor;
(4) The substitution must be executed within 30
days from the assumption of office by the
successor or such time as the court may
allow;
(5) Notice of substitution given to the other party
to the action or to the officer involved.
Failure to make the substitution is a ground for
dismissal of the action.
Transfer of Interest Pendente Lite
If while the action is pending, a party conveys his
interest over the subject matter of the litigation to
another person.
Rule: The action may continue between the original
parties but upon motion, the transferee may be
impleaded as an additional party.
RULE 4 – VENUE OF ACTIONS
Venue is defined as the place of trial.
Distinctions between Venue and Jurisdiction:
VENUE JURISDICTION
Place of trial Power or authority of
the court to try and
decide a case
May be waived Jurisdiction over the
subject matter of the
action cannot be
waived
May be the subject of a Cannot be the subject
written agreement of a written agreement
between the parties between the parties
The court cannot motu The court can motu
proprio dismiss the case proprio dismiss the case
on the ground of on the ground of lack of
improper venue jurisdiction over the
subject matter of the
action
 CIVIL PROCEDURE
Lecture Notes of Atty. Reynaldo U. Agranzamendez

Explanation (#4) The Exclusive Venue can be the Subject of a Written

If the venue is improperly laid, and the court
becomes aware of such fact, the court cannot
dismiss the case on its own because the defendant
may even waive the question on improper venue.
The defendant can raise the ground of improper
venue either in a motion to dismiss or in his answer. If
he fails to do so, he is deemed to have waived the
question on improper venue.
However, if the case is governed by the rules on
summary procedure, the court may dismiss the case
on any ground apparent on its face.
Agreement between the Parties
Applies to both real and personal actions.
Q: Is such an agreement valid?
A: Yes, if:
(1) It was made in writing;
(2) It was made prior to the institution of the
action.
If the agreement between the parties are exclusive,
they are limited to the filing of the action in the place
agreed upon. But if the agreement is not exclusive,
the place agreed upon is only an additional venue.

Venue of Personal Actions Defendant is a Non-Resident Defendant

If the question is what court can try the case, it is an 2 types:
issue of jurisdiction. (1) Non-resident defendant who is in the
If the question is what court of what place or Philippines;
location, the issue is venue. - He can be sued in any action
- Venue: where the plaintiff or any of the
In a personal action, the plaintiff has the choice of plaintiffs reside or where the defendant may
venue. be found, at the election of the plaintiff.
XPN: If the plaintiff himself is a non-resident plaintiff
who cannot be found in the Philippines, the venue is (2) Non-resident defendant who is not in the
where the defendant resides or where he may be Philippines.
found. - Sued only in the following:
1) If the action affects the
Case: personal status of the plaintiff.
P is a resident of the USA. He appointed an attorney- Venue: where the plaintiff
in-fact (A) who resides in Bacolod. D resides in resides.
Baguio. The complaint was filed in the RTC of 2) If the action affects the
Bacolod – P, rep. A v. D property of defendant
A motion to dismiss was filed alleging improper located in the Phlippines.
venue. P opposed arguing that A resides in Bacolod. Venue: where the property is
Q: Is D correct? located.
A: Yes, because if the plaintiff is a non-resident
plaintiff, then he has no choice of venue. The venue RULE 6 – KINDS OF PLEADINGS
must be where the defendant resides. RULE 7 – PARTS OF A PLEADING
Venue of Real Actions
RULE 8 – MANNER OF MAKING
Example ALLEGATIONS IN PLEADINGS
Property located in Baguio, while P and D reside in
Dagupan. P filed an action to recover possession of Note: A motion is not a pleading, although it should
real property with the RTC of Dagupan because the follow the form of a pleading.
assessed value of the property is P75,000. A
judgment was rendered. The question of improper Counterclaim is a pleading although it should always
venue was never raised. be incorporated in the answer.
Q: Is the judgment valid? Q: Suppose you forgot to assert a counterclaim.
A: Yes. The venue was improperly laid but the What is the remedy?
defendant did not raise it in a motion to dismiss or in A: Amend the answer to incorporate the
his answer, hence the ground is deemed waived counterclaim.
and the judgment is valid.

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 CIVIL PROCEDURE
Lecture Notes of Atty. Reynaldo U. Agranzamendez

Parts of a Pleading
1) Caption
2) Body
3) Signature
4) Address
5) Verification
6) Certification on Non-Forum Shopping

1. Caption
Includes the following:
1) Name of the court
2) Title of the case
3) Docket number, if one has already been
assigned.

In the complaint, the title must specify all the names

of the parties. But in subsequent pleadings (i.e.
answer), it is enough to mention the name of the first
party with an indication that there are other parties
(et al).

Q: In what pleadings or papers should the names of

all the parties be specified?
A: Complaint and Record on Appeal.

2. Body
Contains:
Designation of the Pleading (ex. Complaint,
Amended Complaint, Answer)

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