CIVIL PROCEDURE – REVIEWER Room 117

I. GENERAL PRINCIPLES
A strict and rigid application of technicalities must be avoided IF it frustrates rather than
promotes substantial justice.
- Rules of procedure are merely tools designed to facilitate the attainment of
justice.
o Thus, the rules may be suspended //
 a particular case from their operation
o To end litigation speedily and grant the parties’ right to the opportunity to
be heard
o Substantial compliance: decide the case based on the merits and brush
aside the technicalities considering the substantial compliance of the
petitioner with the formal requirements set out by the rules.
 (De Jesus vs. Inter-Orient Maritime Enterprises, Inc. [2021])
DOCTRINE OF HIERARCHY OF THE COURTS
PRINCIPLE OF JUDICIAL HIERARCHY
- designed to restrain direct resort to the Supreme Court if relief can be granted or
obtained from the lower courts
o proceed to the lower courts first before elevating a case to the Supreme
Court //
 genuine issues of constitutionality
 transcendental importance
 novel cases
 constitutional issues better resolved by the Supreme Court
 time-is-of-the-essence cases
 review of a constitutional organ’s acts
 questions affecting public welfare, public policy, or the interest of
justice
 null complaint order
 appeal as an inappropriate remedy
- PURE QUESTION OF LAW
o the doubt or difference centers on what the law is on a certain state of
facts
DOCTRINE OF NON-INTERFERENCE OR DOCTRINE OF JUDICIAL STABILITY
- No court can interfere by injunction with the judgments or orders of another court
of concurrent jurisdiction having the power to grant the relief sought by the
injunction.
- the concept of jurisdiction:
o a court that acquires jurisdiction over the case and renders judgment
therein has jurisdiction over its judgment //
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 A writ of preliminary injunction secured by a third-party claimant

from a court of equal grade
 The 3rd party has the right to vindicate a claim by any third-
party action
DOCTRINE OF ADHERENCE OF JURISDICTION OR CONTINUITY OF
JURISDICTION
- once attached, Jurisdiction cannot be ousted by subsequent events, even of
such character which should have prevented jurisdiction from attaching in the
first instance
o it exists until a cause is finally resolved or adjudicated, until the court’s
disposition of the case //
 jurisdiction that is curative in character
PRINCIPLE OF EXHAUSTION OF ADMINISTRATIVE REMEDIES
- before the party is allowed to seek intervention from the courts, he/she must avail
all the administrative processes afforded him
- Administrative Offices are given the opportunity to decide matters under their
jurisdiction //
o violations of due process
o the question is purely a legal question
o estoppel by the administrative agency involved
o irreparable injury
o department secretary respondent
o unreasonable exhaustion of remedies
o etc.

MOOT AND ACADEMIC CASE

- cases that cease to present a justiciable controversy by virtue of supervening
events so that an adjudication of the case or a declaration on the issue would be
of no practical value or use //
o there is a grave violation of the Constitution
o the situation is of exceptional character, and paramount public interest is
involved
o the constitutional issue raised requires formulation of controlling principles
to guide the bench, the bar, and the public
o the case is capable of repetition yet evading review
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II. JURISDICTION
JURISDICTION VENUE
the authority to hear and the place where the case
As to Definition
determine a case is to be heard or tried;
As to Nature matter of substantive law matter of procedural law
between the Court and the between plaintiff/petitioner
As to Relationship
Subject Matter and defendant/respondent
may be stipulated by the
As to Stipulation fixed by law
parties

JURISDICTION OF MTC
o Real Actions
 Exclusive Juris.
 Value not exceeding 400K
o Actions for Sum of Money and Damages
 Value not exceeding 2M
o Action for Quieting of Title
 // RTC, depending on the assessed value of the Real Property
o Action for Specific Performance
 Actions relating to the transfer of property
o Accion Publiciana Cases
 w/ RTC
o Jurisdiction Over a Partition of a Real Property
 Assessed value of 400k
 in Bacolod City
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III. KATARUNGAN PAMBARANGAY LAW

SECTION 408 – Subject Matter for Amicable Settlement
- The parties reside in the same city/municipality //
o one party is the government/subdivision/instrumentality
o one party is a gov. officer/employee; the dispute relates to his/her
functions
o offenses punishable by imprisonment exceeding one (1) year
o offenses punishable by a fine exceeding 5k
o no private party involved
o involves real property in different a city/municipality //
 parties agree to submit their differences to an amicable settlement
before the Lupon
o parties residing in barangays of different cities/municipalities //
 adjoining barangays
 parties agree to submit their differences to an amicable settlement
before the Lupon
o the president may determine in the interest of justice
o upon the recommendation of the Secretary of Justice
- parties may go directly to court when:
o the accused is under detention
o the party is deprived of personal liberty, calling for habeas corpus
proceedings
o actions coupled with provisional remedies, i.e., preliminary injunction,
attachment, delivery of personal property, the like
o action barred by the statute of limitations
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IV. CIVIL PROCEDURE

A Judgment directing a Party to deliver possession of a property to another is in
personam
- action to recover a parcel of land
o real action
o an action in personam
 it binds a particular individual only, although it concerns the right to
a tangible thing
SPLITTING A SINGLE CAUSE OF ACTION
- if two or more suits are instituted 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, R. 12, 1997 Rules on Civil Procedure]
- Remedy of the Defendant
o Move for its dismissal that
 there is another action pending between the same parties for the
same cause or litis pendentia
 if the first action has already been finally terminated, on the
grounds of res judicata
PRINCIPLE OF ANTICIPATORY BREACH
- G.R. a contract to do several things at several times is divisible
o a bar for a single breach of a continuing contract is not a bar to a suit for
subsequent breaches
o a refusal to perform all other prestation (and perform one) leads to a
breach of the contract in its entirety
 this amounts to only one cause of action
JOINDER OF CAUSES OF ACTION
- as many causes of action of a party against another in one pleading
o process of uniting more demands or rights of action in one action
 [Sec. 3, R. 3, Rules on Civil Procedure]
o it does not include special civil actions under special rules
o it includes causes of action pertaining to different venues or jurisdiction
 under the RTC
PERMISSIVE JOINDER OF PARTIES
o the joinder of causes of action is purely permissive
o the actions may either be joined in one single complaint or may be sued in
separate suits
 [Sec. 6, R. 3, R. Civil Pro.]
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ACTIONS OF PARTITION AND RESCISSION CANNOT BE JOINED IN A SINGLE

ACTION
MISJOINDER OF CAUSES OF ACTION
- not a ground for the dismissal of an action and that it may, on motion of a party or
on the initiative of the court, be severed and proceeded with separately
- there is no bar in the simultaneous adjudication of all the erroneously joined
causes of action
o if there is no objection to the improper joinder
 any adjudication made by the Court is valid
o the court did not motu proprio direct a severance
- if a court has no jurisdiction over a misjoined cause of action, then such has to
be severed from the other causes of action
o if not severed, any adjudication rendered by the court regarding it will be
nullified
REAL PARTY IN INTEREST
- every civil action must be prosecuted/defended in the name of the real party of
interest
o the party who stands to benefit or be injured by the judgment of the suit
o the party entitled to the avails of the suit
 [Sec. 2, R. 3, R. Civil Pro.]
N0N-JOINDER OF INDISPENSABLE PARTIES
- Indispensable parties must be present before the court, otherwise the action
should be dismissed
o the absence renders all subsequent actions of the court null and void

FAILURE TO IMPLEAD AN INDISPENSABLE PARTY

- not a ground for the dismissal of an action
o the remedy is to implead the party claimed to be indispensable
 the parties may be added by order of the court, on motion of the
party, or on its own initiative at any stage of the action
CLASS SUIT
- the subject matter of the controversy is one of common or general interest to
many persons so numerous that it is impracticable to join all as parties
o any party in interest shall have the right to intervene to protect his
individual interest
 [Sec. 12, R. 3, R. Civil Pro.]
VENUE
- The rules on venue shall not apply when:
o It is as provided by the law
o stipulated by the parties
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 valid written agreement

 executed by the parties before filing the action
 venue is of exclusive or restrictive nature //
 restrictive as agreed upon
 permissive; agreed upon and fixed by the law
- property located in 2 boundaries
o either place may be filed at the option of the plaintiff //
 real property; in relation to mortgage
 area of the mortgaged property
 property it is situated in
FORECLOSURE (real action) vs CANCEL (personal action)
RECOVERY OF DEFICIENCY AFTER JUDICIAL FORECLOSURE OF A REAL
PROPERTY
- Personal Action
o It does not affect the title to or possession of real property
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V. AMENDMENTS TO THE 1997 RULES ON CIVIL PROCEDURE

PLEADINGS
- Must state the Ultimate Facts and contain Evidentiary Matters
- Contents [Sec. 6, R. 7]
o Names of Witnesses who will be presented to prove a party’s
claim/defense
o Summary of the witnesses’ intended testimonies
 With judicial affidavits attached
o Documentary and object evidence in support of the allegations contained
in the pleading
- Signature of a Counsel in a Pleading
- Verification [Sec. 4]
- Certificate Against Forum Shopping
o the practice of resorting to multiple fora for the same relief to increase the
chances of obtaining a favorable judgment
 [Sec. 5, R. 7, R. Civil Pro.]
o Elements:
 identity of parties/parties representing the same interest
 identity of rights asserted and relief prayed for on the same facts
 any judgment rendered in one action will amount to res judicata in
the other action
o Test:
 when litis pendentia or res judicata does not exist, neither can
forum
shopping
o NO VIOLATION OF THE RULE ON FORUM SHOPPING
 when the plaintiff filed the ejectment case while the collection case
was pending
- Answer
o To the complaint [Sec. 1] – filed within 30 calendar days after the service
of summons, unless the court fixes the period
o Extension of time to file an answer [Sec. 11, R. 11] – a period of not
more than 30 calendar days
 1 motion for extension allowed; motion to file any pleading is
prohibited //
 Allowed by the Court after the time fixed by the Rules
AFFIRMATIVE DEFENSE
- an allegation of a new matter which, while hypothetically admitting the material
allegations in the pleading of the claimant, would nevertheless prevent or bar
recovery by him or her
1st GROUP OF AFFIRMATIVE DEFENSES [Sec. 5, R. 6]
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- Fraud
- Prescription
- Release
- Payment
- Illegality
- Statute of frauds
- Estoppel
- Litis Pendentia
- Res Judicata
- etc.
NOTE:
- Failure to raise the affirmative defenses at the earliest opportunity = waiver
- Other Affirmative Defenses under the 1 P., Section 5(b), Rule 6:
 The court may conduct a summary hearing within fifteen (15) calendar
days from the filing of the answer
 Although summary, a hearing may be required
- Affirmative defenses shall be resolved by the court within thirty (30) calendar
days from the termination of the summary hearing
IF DENIED:
- shall not be the subject of a motion for reconsideration or petition for certiorari,
prohibition or mandamus
 may be raised on appeal after a judgment on the merits
2nd GROUP OF AFFIRMATIVE DEFENSES [Sec. 12, R. 8]
- the court has no jurisdiction over the person of the defending party
- venue is improperly laid
- the plaintiff has no legal capacity to sue
- the pleading asserting the claim states no cause of action
- a condition precedent for filing the claim has not been complied with
FILING OF A REPLY
- must attach an actionable document [Sec. 10, R. 6]
FILING OF REJOINDER
- must attach an actionable document