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A. PRELIMINARY CONSIDERATIONS DEFINITION OF TERMS 1.

CAUSE OF ACTION delict or wrongful act or omission committed by the defendant in violation of the primary rights of the plaintiff 2. RIGHT OF ACTION remedial right or right to be granted by law to a party to institute an action against a person who committed a delict or wrong against him The right of action is the right to sue as a consequence of that delict There can be no right of action without a cause of action being first established 3. RELIEF redress, protection, award or coercive measure which the plaintiff prays the court to render in his favor as a consequence of the delict committed by the defendant 4. REMEDY procedure or type of action which may be availed of by the plaintiff as means to obtain the relief desired 5. SUBJECT MATTER thing, wrongful act, contract or property which is directly involved in the action The subject matter of a given case is determined not by the nature of the action that a party is entitled to bring but by the nature and character of the pleadings and issues submitted by the parties KINDS OF ACTIONS 1. REAL ACTION one brought for the protection of real rights, land, tenements, heriditaments, or one founded on privity of estate only (e.g. accion reivindicatoria) 2. PERSONAL ACTION one which is not founded upon the privity of real rights or real property (e.g. action for a sum of money) 3. MIXED ACTION one brought for the protection or recovery of real property and also for an award for damages sustained (e.g. accion publiciana with a claim for damages); for purposes of venue, a mixed action is governed by the rules of venue on real actions 4. ACTION IN REM one which is not directly only against particular persons but against the thing itself and the object of which is to bar indifferently all who might be minded to make any objection against the right sought to be enforced; judgment is binding upon the whole world (e.g. land registration) 5. ACTION IN PERSONAM one which is directed against particular persons on the basis of their personal liability to establish a claim against them; judgment is binding only upon the parties impleaded or their successors in interest (e.g. acton for breach of contract) 6. ACTION QUASI IN REM one directed against particular persons but the purpose of which is to bar and bind not only said persons but any other person who claims any interest in the property or right subject of the suit (e.g. judicial foreclosure of a mortgage) 7. TRANSITORY ACTION one the venue of which is dependent generally upon the residence of the parties regardless of where the cause of action arose (e.g. personal action)

8. LOCAL ACTION one which is required by ROC to be instituted in a particular place in the absence of an agreement to the contrary (e.g. real action) B. JURISDICTION OF THE SUPREME COURT UNDER THE 1987 CONSTITUTION

THE REVISED RULES OF COURT RULE 1 GENERAL PROVISIONS Sec. 1 Title of the Rules ROC have the force and effect of law ROC cannot be given a retroactive effect When by law jurisdiction is conferred on a court or judicial officer, all auxiliary writs, processes, and other means necessary to carry it into effect may be employed by such court or officer; and if the procedure to be followed in the exercise of such jurisdiction is not specifically pointed out by law or by these rules, any suitable process or mode of proceeding may be adopted which appears to be conformable with the spirit of said law or rules In the interest of just and expeditious proceedings, SC may suspend the application of ROC and except a case from their operation because the rules were precisely adopted with the primary objective of enhancing fair trial and expeditious justice Sec 2 Applicability of ROC all courts except as otherwise provided by SC Limits of SC to enact ROC to provide a simplified and inexpensive procedure for the speedy disposition of cases, shall be uniform for all courts of the same grade, and shall not diminish, increase, or modify substantive rights PD 946 ROC is not applicable to agrarian cases even in a suppletory character RA 6657 provided for the designation of at least one branch of RTC to act as Special Agrarian Court which has original and exclusive jurisdiction over all petitions for the determination of just compensation to landowners and the prosecution of all criminal offenses under said Act DAR has primary jurisdiction and quasi-judicial powers to determine and adjudicate all other agrarian reform matters Sec 3 Cases governed governs the procedure to be observed in all actions, civil or criminal, and special proceedings CIVIL ACTION one by which a party sues another for the enforcement or protection of a right, or the prevention or redress of a wrong ORDINARY or SPECIAL ACTION both governed by rules for ordinary civil procedures subject to the specific rules prescribed for a special civil action CRIMINAL ACTION one by which the State prosecutes a person for an action or omission punishable by law SPECIAL PROCEEDING a remedy by which a party seeks to establish a status, right or a particular fact

In an ordinary action, there must be real parties in interest asserting adverse claims and presenting a ripe issue Sec 4 Non-applicability of ROC Election cases, land registration, cadastral, naturalization and insolvency proceedings and other cases not herein provided for May be applied by analogy or in suppletory character whenever practicable and convenient Sec 5 Commencement of Action Action is deemed filed upon filing of the appropriate pleading and payment of docket fee Important when prescription is raised as a defense against the claim of plaintiff As king as the complaint which commences the action is filed within the prescriptive period, the claim is not barred even if summons were served after the prescriptive period Commenced by filing of the complaint and payment of the docket fees Where there is an under assessment of the docket fee to be paid due to an honest difference of opinion as to the nature of the aciotn, the plaintiff is allowed to subsequently complete the payment by paying the difference (Magaspi v. Ramolete) Manchester Development Corp v. CA: 1. Court acquires jurisdiction over the case only upon full payment of docket fees 2. All complaints, petitions, answers and similar pleadings must specify the amount of damages prayed for BOTH in the body and prayer of the complaint 3. Any defect in the original pleading resulting in underpayment of the docket fee cannot be cured by amendment, such as by the reduction of the claim Sun Life Insurance v. Asuncion (modified the ruling in Manchester): 1. When the filing of the initiatory pleading is not accompanied by payment of the docket fee, the court may allow payment of the fee within a reasonable time but not beyond the applicable prescriptive or reglementary period 2. Same rule applies to permissive counterclaims, third party claims, and similar pleadings 3. When the trial court acquires jurisdiction over a claim by filing of the appropriate pleading and payment of the prescribed filing fee but, subsequently, the judgment awards a claim not specified in the pleadings, or if specified the same has been left for determination by the court, the additional filing fee therefore shall constitute a lien on the judgment which shall be enforced and the additional fee assessed and collected by the clerk of court Where the action involves real property and related claims for damages, the legal fees shall be assessed on both the value of the property and the total amount of damages sought The amount of docket fees should be computed on the basis of the amount of damages stated in the complaint

All remedies of administrative character affecting or determinative of the controversy at that level should first be exhausted by the aggrieved party Exceptions: 1. Where the issue is purely a legal question and nothing of an administrative nature is to be and can be done 2. Where insistence on its observance would result in nullification of the claim being asserted 3. Where the controverted fact is patently illegal or was performed without jurisdiction or in excess of jurisdiction 4. Where the respondent is a department secretary whose acts as an alter ego of the President bear the implied or assumed approval of the latter, unless actually disapproved by him 5. Where there are circumstances indicating the urgency of judicial intervention Province of Zamboanga del Norte v. CA: 1. When there is a violation of due process 2. When there is estoppels on the part of the administrative agency concerned 3. When there is irreparable injury 4. When to require exhaustion of administrative remedies would be unreasonable 5. When the subject matter is a private land in land case proceedings 6. When no administrative remedy is provided by law 7. Where the rule of qualified political agency applies 8. When the issue of non-exhaustion of administrative remedies has been rendered moot Sec 6 Construction Liberally construed to promote a just, speedy and inexpensive disposition of actions and proceedings Provisions on reglementary periods are strictly applied mandatory and imperative Same with rules on the manner and periods of perfecting an appeal except when the stringent application of the Rules would frustrate the ends of justice RULE 2 CAUSE OF ACTION Sec 1 Basis of Ordinary civil actions must be based on a cause of action Sec 2 Cause of action act or omission by which a party violates a right of another Where there is only one delict tor wrong, there is only one cause of action regardless of the number of rights violated belonging to another The singleness of a cause of action lies in the singleness of the delict or wrong violating the rights of one person Sec 3 One suit for a single cause of action a party may not institute more than one suit for a single cause of action Sec 4 Effect of splitting a single cause of action if two or more suit are instituted on the basis of the same cause of action, the filing of one or the judgment in any one is available as a grounds for the dismissal of others

Splitting a cause of action is the act of dividing a single cause of action, claim or demand into two or more parts, and bringing suit for one of such parts only, intending to reserve the rest for another separate action Objective: to avoid harassment and vexation to the defendant and to obviate multiplicity of suits Remedy: move to dismiss under Rule 16 on the ground that there is another action pending between the same parties for the same cause (litis pendentia) or if the first action has already been finally terminated, on the ground of res judicata Where a contract is to be performed periodically as by installments, each failure to pay an installment constitutes a cause of action and can be subject of a separate suit as the installment falls due or can be included in the pending suit by supplemental reading. But if at the time of bringing of suit, several installments are already due, all must be included as integrating a single cause of action Nonpayment of a mortgage loan cannot be split into two actions Sec 5 Joinder of causes of action Subject to the following conditions: 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 governed by special rules 3. Where causes of action are between the same parties but pertain to different venues or jurisdictions, the joinder may be allowed in RTC provided one of the causes of action falls within the jurisdiction of the said court and the venue lies therein 4. Where the claims in call the causes of action are principally for the recovery of money, the aggregate amount shall be the test of jurisdiction Sec 5 is purely permissive; the plaintiff can always file separate actions for each cause of action It is necessary that the right of relief from the said causes of action should arise out of the same transaction or series of transaction Under par (b), only causes of action in ordinary civil actions may be joined because they are subject to the same rules so as to avoid confusion in the proceedings as well as in the determination of the presence of the requisite elements of each particular cause of action Pars (c) and (d) determine which court will have jurisdiction over the action wherein several causes of action have been joined If one cause of action is within the jurisdiction of RTC, even if the amount involved in the claim for the sum of money is within the jurisdiction of an inferior court, the action must be filed and tried in RTC Sec 6 Misjoinder of causes of action Misjoinder of causes of action is not a ground for dismissal. It may, on motion of a party or on the initiative of the court, be severed and proceeded with separately In case of misjoinder of causes of action, the cause of action erroneously joined need only be separated and dismissed without affecting the action with regard to the other cause/s of action

Misjoinder of causes of action unlike misjoinder of parties, is not a ground for the dismissal of an action. The party misjoined shall only be dropped upon order of the court sua sponte or on motion, and any claim against a party may be severed and proceeded with separately There is no provision on or sanction against non-joinder of separate causes of action since plaintiff needs only a single cause of action to maintain an action

RULE 3 PARTIES TO CIVIL ACTION Sec 1 Who may be parties only natural or juridical persons, or entities authorized by law may be parties to a civil action Under Art 44 NCC: natural persons (with capacity to sue and be sued), juridical persons: a. the state and its political subdivisions; b. corporations, institutions or entities created for public purpose that are created by law; c. corporations, partnerships, associations for private interest Entities authorized to sue: a. Estate of a deceased person b. Party incorporated under Corporation Code c. Registered labor union Only natural and juridical persons may be parties in a civil action Under Sec 15, Rule 3, an entity which is not registered as a juridical person and therefore without the requisite personality required of parties to a suit, may be at least be sued as a defendant in the first instance so that the members thereof shall be disclosed as being required to be individually named in the answer Non resident aliens living abroad may maintain personal actions against Philippine residents in the Philippines in Philippine courts Sec 2 Parties in interest a real party in interest is one who stands to be benefitted or injured by the judgment in the suit, or the party entitled to avail of the suit A real party in interest is the party who stands to be benefitted or injured by the judgment in the suit or the party entitled to the avails of the suit Plaintiff because he filed the complaint Defendant when he sues in a counterclaim All suits should be filed by the real party in interest Examples: 1. Unemancipated minor assisted by parents or guardian 2. Incapacitated to act on his own 3. Labor union (duly registered) can appear for its members 4. Corporation representing stockholder 5. Receiver in a distressed company 6. Administrator of the estate of the deceased

If the suit is not brought up in the name or against the real party in interest, a motion to dismiss may be filed on the ground that the complaint states no cause of action

Sec 3 Representatives as parties where the representative or someone acting in fiduciary capacity, the beneficiary shall be included in the title of the case and shall be deemed the real party in interest. An agent acting in his own name and for the benefit of an undisclosed principal may sue or be sued without joining the principal except when the contract involves things belonging to the principal The impleading of the beneficiary is mandatory Party authorized by law includes: a. Representative of the owner in ejectment proceedings b. Assignee of a debtor in insolvency proceedings A corporation cannot maintain an action to recover property belonging to its stockholders as it has no interest therein; also it has a separate personality from the stockholders EXCEPTION: When an agent acts for an undisclosed principal without joining the principal Parties in interest may be classified as: a. INDISPENSABLE PARTIES those without whom no final determination can be had of an action If a case is filed without an indispensable party, remedy = dismissed b. NECESSARY PARTIES those who are not indispensable but ought to be parties if complete relief is to be accorded as to those already parties, or for a complete determination or settlement of the claim subject of the action If necessary party is not impleaded, the court will issue an order to implead necessary party or allow to case to be tried without necessary party and be decided based on merits c. REPRESENTATIVE PARTIES those referred to in Sec 3 Rule 3 d. PRO FORMA PARTIES those who are required to be joined as coparties in suits by or against another party as may be provided by applicable substantive or procedural law e. QUASI PARTIES those in whose behalf a class or a representative suit is brought If the plaintiff creditor sues only one of the joint debtors, the judgment would accord complete relief as between him and the said defendant. However the co-debtor w ho was not impleaded is a necessary party since a judgment in that action with respect to his own liability is necessary for a complete settlement of the debt in favor of the plaintiff Parties who were not initially and formally impleaded as original parties to the case but later bound themselves to comply with the

terms of the judgment on compromise rendered therein may be considered as quasi parties in the said case Sec 4 Spouses as parties husband and wife shall sue or be sued jointly, except as provided by law Sec 5 Minors or incompetent persons may sue or be sued with the assistance of mother, father, guard or if he has none, guardian ad litem The suit can be brought by the minor or incompetent by him or against him personally with the assistance of his parents or guardian. Incompetent need not be judicially declared as such but may only be alleged in the pleading Sec 6 permissive joinder of parties All parties in whom or against whom any right to relief in respect to or arising out of the same transaction or series of transactions is alleged to exist whether jointly, severally, or in the alternative, may except as otherwise provided in these Rules, join as plaintiffs or be joined as defendants, where any question of law or fact common to all such plaintiffs or to all such defendants may arise in the action In the case of indispensable parties and necessary parties, their joinder in action is compulsory (Secs 7 and 8) Sec 6 is on permissive joinder of parties, they can either be joined in one single complaint, or may themselves maintain or be sued in separate suits Requisites in permissive joinder of parties a. The right to relief arises out of the same transaction or series of transactions b. There is a question of law or fact common to all plaintiffs or defendants c. Such joinder is not proscribed by the provisions of the Rules on jurisdiction and venue -Sec 7 Compulsory joinder of indispensable parties parties in interest without whom no final determination can be had of an action shall be joined as plaintiffs or defendants Sec 8 necessary party one who is not indispensable but who ought to be joined as a party if complete relief is to be accorded as to those already parties, or for a complete determination or settlement of the claim subject of the action In terms of judgment: In case of indispensable parties, the action cannot proceed unless they are joined; if not joined, the judgment would have no effectiveness Even if a necessary party is not include in the suit, the case may be finally determined in court, but the judgment therein will not resolve the whole controversy In terms of rights Indispensable parties are those with interest in the controversy that a final decree would necessarily affect their rights so the court cannot proceed without their presence Necessary parties are those whose presence is necessary to adjudicate the whole controversy but whose interests are so far

separable that a final decree can be made in their absence without affecting them Sec 9 non-joinder of necessary parties to be pleaded Whenever in any pleading in which a claim is assert a necessary party is not joined, the pleader shall set forth his name (if known) and shall state why he is omitted. The court may order the inclusion of the omitted necessary party. The failure to comply with the order for his inclusion without justifiable cause shall be deemed a waiver of the claim against such party. The non-inclusion of a necessary party does not prevent the court from proceeding in the action and the judgment rendered therein shall be without prejudice to the rights of such necessary party. The non-inclusion of the necessary party may be excused only on meritorious grounds, the absence of which, the court shall order him to be impleaded if jurisdiction over him can be obtained If inclusion cannot be effected for valid reasons, the action may proceed but the judgment therein shall not prejudice the rights of the necessary party If the court orders the inclusion of the necessary party, the plaintiff shall be ordered to file an amended complaint impleading the necessary party as co-defendant If plaintiff unjustifiably fails to do so, the plaintiff shall be deemed to have waived his claim against said party Under Sec 3, Rule 17, where the plaintiff fails without justifiable cause to comply with an order of the court, his complaint may be dismissed. Such rule is not applicable in this case. This is in line with Sec 11, Rule 3 which provides that non-joinder of parties should not be a ground for dismissal of an action Sec 10 Unwilling co-plaintiff if the consent of any party who should be joined as plaintiff cannot be obtained, he may be joined as a defendant and the reason therefore shall be stated in the complaint Sec 11 Misjoinder and non-joinder of parties Neither misjoinder nor nonjoinder of parties is ground for dismissal of an action. Parties may be dropped or added by the order of the court on motion of any party or on its own initiative at any stage of the action and on such terms as are just. Any claim against a misjoined party may be severed and proceeded with separately Objections to defects in the parties impleaded should be made at the earliest opportunity, the moment such defects become apparent by a motion to strike the names of the parties impleaded Non-joinder does not warrant the dismissal but the court should order the inclusion of the necessary party. But if it was dismissed on this ground without stating that it is without prejudice and the plaintiff did not appeal, such dismissal bars the filing of another action on the same cause

There can be a misjoinder of parties even if there is only one cause of action common to them just as there can be a misjoinder of causes of action even if there is only one plaintiff In case of misjoinder of causes of action, the one which has been misjoined need only be severed and proceeded with separately Sec 12 Class suit Requisites of a class suit: a. The subject matter of the controversy is one of the common or general interest to many persons b. The parties affected are so numerous that it is impracticable to bring them all before the court c. The parties bringing the class suit are sufficiently numerous or representative of the class and can fully protect the interests of all concerned The complaint must specifically state the same is being brought in behalf of others with whom the parties share a common interest If there is a conflict of interest between those who sought to be represented and those who filed the action, the class suit will not prosper The party bringing the class suit must have legal capacity to do so The parties who brought the class suit have control over the case with the right to compromise or even discontinue the same. But a class suit cannot be compromised or dismissed without the approval of the court A member of the class is bound by the judgment in the class suit; he has the right to intervene if he so desires to protects his own individual interests An action does not become a class suit merely because it is designated as such in the pleadings. It depends upon the attending facts and the complaint or other pleading initiating the class action that it satisfies the requirements of a class suit The defendant can assail the fact through a motion to dismiss on the ground that the plaintiffs have not capacity to sue since they do not have the representation that they claim Sec 13 Alternative defendants where the plaintiff is uncertain against who of several persons he is entitled to relief, he may join any or all of them as defendants in the alternative, although a right to relief against one may be inconsistent without a right of relief against the other Sec 14 Unknown identity or name of the defendant when the identity or name of a defendant is unknown, he may be sued as the unknown owner, heir, devisee, or by such other designation as the case may require; when his identity is discovered, the pleading must be amended accordingly Related provisions: Sec 14, Rule 14 if the defendant is designated as unknown or whenever his whereabouts are unknown and cannot be

ascertained by diligent inquiry, service may be effected upon him by publication in a newspaper of general circulation It presupposes that the plaintiff really does not know the identity and/or address of the defendant or is not in a position to ascertain such Sec 15 Entity without juridical personality When two or more persons not organized as an entity with a juridical personality enter into a transaction, they may be sued under the name by which they are generally or commonly known Related provisions: Sec 8, Rule 14 service may be effected upon all the defendants by service upon any one of them, or upon the person in charge of the office or place of business maintained in such name. But such service shall not bind individually any person whose connection with the entity has, upon due notice, been severed before the action was brought Sec 6, Rule 36 when judgment is rendered against two or more persons associated in an entity without juridical personality, the judgment shall set out their individual or proper names if known Sec 16 death of a party; duty of a counsel Duties of the counsel Limited to the matter of the death of his client and not the latters incapacity Failure of the counsel to comply with his duties under Sec 16 is grounds for disciplinary action as his inaction will result in undue delay in the proceedings In the absence of a legal representative of the deceased, the opposing party shall be required within a specified time, to procure the appointment of an executor or administrator for the estate of the deceased in an appropriate special proceeding This section applies where the claim survives and regardless whether either the plaintiff or defendant dies or whether the case is in trial or on appeal. No summonses are required to be service on the substitute defendants. Instead, the order of substitution shall be served upon the parties substituted in the action otherwise the court does not acquire jurisdiction over them Proceedings by the trial court without substitution are null and void (Lawas v. CA) Upon learning of the death of a party, the trial court should not order the amendment of the complaint but the appearance of the decedents legal representative Upon the death of a party, his counsel has no authority to appear except to inform the court about the death of his client and to take steps to safeguard the decedents interests unless his services are retained by the substitute parties The defendants legal heirs are his representatives if there is no pending proceeding for the settlement of his estate In substitution of the deceased, priority is given to the legal representative i.e. the administrator or executor of the estate. The court

may also allow the substitution of the heirs instead if there is unreasonable delay in the appointment of an executor or administrator or when the estate was extra-judicially settled (Lawas v. CA) Actions that survive against the decedents representatives: a. Actions to recover real and personal property against the estate b. Actions to enforce liens thereon c. Actions to recover for an injury to person or property by reason of tort or delict committed by the deceased If no order of substitution has been issued or effected by the court , the trial held by said court is null and void for failing to acquire jurisdiction over the legal representative or heirs of the decedent; the judgment is not binding on them Where the counsel failed to comply with his duty under Sec 16 and no substitution was effected, the proceedings and judgment therein are valid if the action survives the death of said party and said decision is binding upon his successor in interest Where the plaintiff assigned all his rights to a third party, the subsequent death of said original plaintiff does not terminate the action. The rights are transferrable in character (not covered by Sec 16) since the plaintiff died after he has already transferred his rights in the action. Where a right is transferred before the institution of the action, the suit should be brought in the name of the assignee; where the transfer is made pendent lite, the assignee should be substituted for the original plaintiff Sec 17 Death or separation of a party who is a public officer when a public officer is a party in an action in his official capacity and during its pendency dies, resigns or otherwise ceases to hold office, the action may be continued and maintained by or against his successor if, within 30 days after the successor takes office or as such time granted by the court, it is satisfactorily shown that there is a substantial need for continuing or maintain it and the successor adopts or continues or threatens to adopt or continue the action of his predecessor Sec 18 Incompetency or incapacity Sec 19 Transfer of interest Sec 17 contemplates an action which is brought against the public officer in his official capacity Under Sec 18, in case of supervening incompetency or incapacity, the action shall continue to be prosecuted by or against him personally although assisted by his parents or guardian Sec 19 does not provide that provide that the substitution of parties contemplated therein is mandatory, it being permissible to continue the action by or against the original party in case of transfer of interest pendente lite Where the transfer was effected before the commencement of the suit, the transferee must necessarily be the defendant or plaintiff, but may file a third party complaint against and implead the transferor of the action

whenever the same is necessary and proper for a complete determination of all the rights of the parties Sec 20 Action on contractual money claims When the action is for recovery of money arising from contract, express or implied, and the defendant dies before the entry of the final judgment in the court in which the action was pending, it shall not be dismissed but shall instead be allowed to continue until entry of final judgment a. The action must primarily be for recovery of money, debt, interest thereon and not where the subject matter is primarily for some other relief and the collection of an amount of money sought is merely incidental thereto b. The claim subject of the action arose from a contract, express or implied, entered into by the decedent in his lifetime or the liability for which had been assumed by or is imputable to him If the defendant dies before the entry of the final judgment in the court where it was pending at that time, the action shall not be dismissed but shall be allowed to continue until entry of final judgment. Such entry may take place in RTC or it may be the entry of judgment of CA Sec 17 is applicable since the same governs regardless of which of the parties dies or whether the case is in the trial or appellate court Where the action is for the revival of a judgment for a sum of money which has become stale for non-execution after the lapse of 5 years, and the defendant dies during the pendency of such action, Sec 20 is not applicable since the action is merely to keep alive the judgment (Romualdez v. Tiglao) Sec 21 Indigent party Indigent party refers to a person who has no property or income sufficient for his support aside from his labor, even if he is selfsupporting when able to work and in employment Sec 22 notice to the solicitor general in any action involving the validity of any treaty, law, ordinance, executive order, presidential decree, rules or regulations, the court, in its discretion, may require the appearance of the solicitor general who may be heard in person or through a representative duly designated by him