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RIANO SUMMARIZED CIVIL PROCEDURE

CHAPTER I: Fundamental Concepts

I. The Basics of Civil Litigation Process

Preparation of Complaint
Preparation
of
Complaint
-no Cause of action - wrong jurisdiction (motu proprio) - wrong venue (upon motion) -
-no Cause of action
- wrong jurisdiction (motu proprio)
- wrong venue (upon motion)
- prescribed
- non compliance with conditions precedent
- no signed
- Forum shopping (upon motion
Non payment of docket fees within the
reasonable time BUT before prescription -> no
jurisdiction
Dismissal by plaintiff Before answer- matter of right After answer- court discretion
Dismissal by plaintiff
Before answer- matter of right
After answer- court discretion
Amendment by plaintiff Before responsive pleading is SERVED - matter of right After responsive pleading
Amendment by plaintiff
Before responsive pleading is SERVED - matter of right
After responsive pleading is SERVED- court discretion
Defendant’s procedural options: not required to outrightly file an answer 1. answer 2. complaint ambiguous-
Defendant’s procedural options: not required to outrightly file
an answer
1. answer
2. complaint ambiguous- file motion for bill of
particulars
3. has ground-> motion to dismiss
4. does not answer-> judgment by default
Complaint- in- intervention: Stranger asserts a claim against one or all of the parties
Complaint- in- intervention:
Stranger asserts a claim against one or
all of the parties

Dismissal

Dismissal Dismissal Dismissal

Dismissal

Dismissal Dismissal Dismissal

Dismissal

Filing of complaint Service of summons by the COC
Filing of
complaint
Service of
summons
by the COC
No ground for motion to dismiss or that motion to dismiss was denied
No ground for motion to dismiss or
that motion to dismiss was denied
Answer By defendant
Answer
By
defendant
NO answer made
NO answer made
NO answer made NO denial. No triable issues
NO answer made
NO denial. No triable
issues

Judgment by default

Admission of claim

Judgment based on pleadings

by default Admission of claim Judgment based on pleadings I will live my life to the
by default Admission of claim Judgment based on pleadings I will live my life to the

I will live my life to the fuNNiest. (BIARES, 2013) OOHlala: Only human. Open to constructive criticism. Hope this helps. lala

www.warlita.wordpress.com

Issue does not cover material fact
Issue does not cover
material fact
Counter claim to plaintiff
Counter claim to plaintiff

Summary judgment

Reply by Plaintiff

Cross claim to co- defendent
Cross claim to co-
defendent
3 rd party complaint to a stranger
3 rd party complaint to a
stranger

Purpose: contribution, indemnity, subrogation, other relief

Answer- in- intervention: Stranger unites with the defendant in resisting a claim by plaintiff
Answer- in- intervention:
Stranger unites with the defendant in
resisting a claim by plaintiff
After last pleading has been served and filed Modes of discovery Pre-Trial (mandatory) Alternative modes
After last pleading has been
served and filed
Modes of discovery
Pre-Trial
(mandatory)
Alternative modes of
dispute resolution
No settlement or compromise
Defendant then:
Trial
Present evidence by
plaintiff. Then rests
1. presents own; or
2. demurrer to evidence

On demurrer to evidence:

1. denied-> may still present own evidence

2. granted-> denied on appeal -> waives

right to present evident

Judgment Post- judgment remedies
Judgment
Post-
judgment
remedies
right to present evident Judgment Post- judgment remedies BEFORE judgment becomes final and executory AFTER judgment
right to present evident Judgment Post- judgment remedies BEFORE judgment becomes final and executory AFTER judgment

BEFORE judgment becomes final and executory

AFTER judgment becomes final and executory

a) motion for reconsideration

b) motion for new trial

c) appeal

a) petition for relief

b) action to annul judgment

c) certiorari

Execution Judgment becomes final and executory www.warlita.wordpress.com
Execution
Judgment becomes final and executory
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I will live my life to the fuNNiest. (BIARES, 2013) OOHlala: Only human. Open to constructive criticism. Hope this helps. lala

1

st : Preparation of the complaint- lawyers meticulously pours over the following:

Cause of action vs. right of action. -There is no right of action without there is no cause of action. -Coa is determined by the allegations in the complaint not by the prayer.

Court having Jurisdiction. -Wrong Juris-> motu proprio dismissal. Not waivable.

Venue. Wrong Venue-> dismissal upon motion. Waivable

Real party in interest

Prescription. Is prescribed-> ground for dismissal

Conditions precedent (eg. brgy conciliation, exhaust admin remedies, etc)

State ultimate facts. evidence is presented in the trial proper.

Relief prayed for.

Dated and signed. -Signed by the party OR his counsel. -not signed -> no legal effect.

-if counsel signs- it is a certification by him that he has read the pleading, that to the best of his knowledge, information, and belief, there are good grounds to support it and that it is not interposed for delay.

Address of the party OR counsel.

Should it be verified?

- GR: no Exp: law of rule requires it. ( eg. summary procedure, certiorari, mandamus, etc)

Certification against forum shopping Violation-> dismissal upon motion

Provisional remedies ( depends upon nature of action)

2 nd : Filing of complaint- act of presenting the same to court

Complaint filed + payment of docket fees= court acquires jurisdiction

GR: must be accompanied by payment of docket or filing fees SC Rule: relaxed it. May pay within a reasonable time BUT not beyond the prescriptive period. -Rule applies even on appeal.

Dismissal of action by plaintiff

Before defendant answers

After defendant answers

notice of dismissal.

Motion to dismiss

GR: A matter of right EXP: exp: class suit (need court approval)

Court’s discretion

GR: Dismissal is without prejudice to its later refilling. Exp: 1) notice states otherwise; 2) covered by 2

GR: Dismissal is without prejudice to its later refilling. Exp: court order states otherwise

to its later refilling. Exp: court order states otherwise I will live my life to the
to its later refilling. Exp: court order states otherwise I will live my life to the

I will live my life to the fuNNiest. (BIARES, 2013) OOHlala: Only human. Open to constructive criticism. Hope this helps. lala

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dismissal rule

dismissal rule

Amendment of complaint:

Before responsive pleading

After responsive pleading

A matter of right- if court refuses to accept, remedy is mandamus. * motion to dismiss is NOT a responsive pleading

Must be made with leave of court

Availed only once

 

When amendment may be denied:

1. amendment was intended for delay

2. no longer a matter of right

3. drastic chain in the cause of action or defense or a change in the theory of the case

4. no jurisdiction over the subject matter of the action and the amendment is for the purpose

of conferring jurisdiction upon the court where amendment is no longer a matter of right. ( since no juris over the action-> no juris to act on motion to amend)

Amendment by implication

- When issues not raised in the pleadings are tried with the express implied consent of the parties. When this occurs, the issues tried with the consent of the parties shall be treated as if they had been raised in the pleadings.

3 rd : Service of summon/ voluntary appearance

Job of clerk of court

Coercive process which places the person under court jurisdiction

Purpose: comply constitutional due process; direct defendant to file an answer; acquired jurisdiction over defendant

How to serve:

- To be served in person, through substituted

- Publication is not recognized

Defendant’s procedural options: not required to outrightly file an answer

1. answer

2. complaint ambiguous- file motion for bill of particulars

3. has ground-> motion to dismiss

4. does not answer-> judgment by default

4 th : Answer

Gives notice to the plaintiff as to which allegations in the complaint he decides to contest and thus put to issue.

- Failure to file -> entitles plaintiff to file motion to declare defendant in degfaultt. judgment by default

Denial must be specific. No specifically denied are deemed admitted

- No specific denial-> deemed admitted

No denial made -> no triable issue -> judgment on the pleadings

Judgment on the pleadings vs summary judgment

pleadings  Judgment on the pleadings vs summary judgment I will live my life to the
pleadings  Judgment on the pleadings vs summary judgment I will live my life to the

I will live my life to the fuNNiest. (BIARES, 2013) OOHlala: Only human. Open to constructive criticism. Hope this helps. lala

www.warlita.wordpress.com

Judgment on the pleadings

summary judgment

Base entirely on pleadings

Base on pleadings, affidavits, depositions, admissions

no denial was made

made

No triable issues

No genuine issue. Does not concern material fact

Counterclaim, cross-claim, 3 rd party complaint, reply, intervention

5 th : Pre-trial ( mandatory)

In this stage the following are considered: amicable settlement, adr

Modes of discovery

6 th : Trial

Plaintiff presents evidence- defendant may:

1. present own evidence

2. demurer to evidence

- denied: may still present own evidence - granted- but reversed on appeal- waived right to present own evidence

7 th : Judgment

Official determination of rights and obligation

Personally and directly prepared by judge

Stating clearly the facts and law

Signed by him

Filed with clerk of court

Date on entry judgment = date of finality of judgment

8 th : Post- judgment remedies

BEFORE judgment becomes final and executory

a) motion for reconsideration

b) motion for new trial

c) appeal

AFTER judgment becomes final and executory

a) petition for relief

b) action to annul judgment

c) certiorari

depending upon the circumstances, he may be allowed to attack the judgment collaterally.

9 th : Execution of judgment

when remedies have been exhausted

enforcement of the judgment

have been exhausted  enforcement of the judgment I will live my life to the fuNNiest.
have been exhausted  enforcement of the judgment I will live my life to the fuNNiest.

I will live my life to the fuNNiest. (BIARES, 2013) OOHlala: Only human. Open to constructive criticism. Hope this helps. lala

www.warlita.wordpress.com

II. POWERS OF THE SUPREME COURT

Rule making power of SC:

- power to promulgate rules concerning pleading, practice, and procedures of the courts

- Limitations:

a) must be simplified and inexpensive. Speedy disposition of cases

b) uniform in all courts

c) not diminish, increase or modify substantive right

- versus Legislative power Sc no longer shares it with congress. It has the sole prerogative.

Liberal construction of RoC -Construed in order to promote their objective of securing a just, speedu, and inexpensive disposition of every action or proceeding.

- free from the constraints of technicalities

- must facilitate not frustrate justice

-Equity jurisdiction: disregards procedural lapses and decides base on merits.

- SC has allowed liberal construction in the ff:

a) rigid application will result in miscarriage of justice

b) substantial justice be served

c) where any resolution is addressed solely to the discretion of court

d) where injustice tp the adverse party is not commensurate to the degree of this thoughtlessness of not following the procedure prescribed

- but this is not a license to violate procedural requirements

- invoking “liberal construction” requires the party to justify the same

Power of SC to suspend its own rules or to except a case from its application when the circumstances so warrant. -SC allowed it in the ff:

a) special or compelling circumstances

b) merits of the case

c) cause not entirely attributable to person benefited by such suspension

d) other party will not be unjustly enriched

- compliance with the procedural rules is the GR, abandonment or suspension if the exception.

Power to amend rules

- To establish simplified and inexpensive process and speedy disposition of cases

- To overturn judicial precedents

Power to stay proceedings and control its process

- “stay” is inherent and incidental to “control”

- Has power to reverse itself

incidental to “control” - Has power to reverse itself I will live my life to the
incidental to “control” - Has power to reverse itself I will live my life to the

I will live my life to the fuNNiest. (BIARES, 2013) OOHlala: Only human. Open to constructive criticism. Hope this helps. lala

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III. The Rules of Court

RoC constitutes the body of rules governing pleading, practice, and procedure

Roc are not Laws because they do not originate in the Legislative

Have force and effect of Law because they are promulgated by authority of Law

Substantive law vs Remedial Law

Substantive Law

Remedial Law

Creates, defines, and regulates right duties concerning life, liberty, and property.

Prescribes the methods of enforcing those rights and obligations created by substantive

When violated gives rise to a cause of action

 

Prospective effect of Rules of Court -Gr: no retroactive effect

GR: applicable to pending and undetermined at the time of their passage Exp:

1.

statute itself or by necessary implication provides otherwise

 

2.

application impairs vested rights

 

3.

not feasible or would work injustice

4.

application

would

involve

intricate

problems

of

due

process

or

impair

the

independence of the court

“On fresh period of 15 day” Case: Neypes vs CA Court applied to pending actions a new rule promulgated through case which standardized the period for appeal by allowing a “fresh period” of 15 days within which to file the notice of appeal in the RTC, counted from… 1. receipt of original decision 2. receipt of the order dismissing a motion for new trial or motion for reconsideration.

-Exp: to the extent that in the opinion of the court their application would not be feasible or would work injustice

Application of RoC

- Civil actions, criminal actions, special proceedings

- Applies in all courts, except as SC provided otherwise

- Inapplicable: election cases, land registration cases, cadastral cases, naturalization cases, insolvency proceedings (except by analogy or in suppletory character and whenever practicable and convenient).

character and whenever practicable and convenient). I will live my life to the fuNNiest. (BIARES, 2013)
character and whenever practicable and convenient). I will live my life to the fuNNiest. (BIARES, 2013)

I will live my life to the fuNNiest. (BIARES, 2013) OOHlala: Only human. Open to constructive criticism. Hope this helps. lala

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- Roc not strictly observed in administrative proceedings. They only apply in a suppletory character.

- Scope: ordinary civil actions, provisional remedies, special civil actions

IV. Philippine Courts

Courts: an organ of government belonging to the judicial department the function of which is the application of the laws to controversies brought before it as well as the public administration of justice.

Court vs. Judge

Court

Judge

Tribunal officially assembled under the authority of law

Simply an officer of such tribunal

Organ of govt with personality distinct from the person or judge who sits

 

imagination

Physical person

office

Public officer

The circumstances of the court are not affected by the circumstances of the judge. Death of the judge does not mean the death of the court.

Courts of law and equity. Thus, both legal and equitable jurisdiction is dispensed with in the same tribunal.

Equity jurisdiction: power of the court to resolve issues presented in a case in accordance with the natural rules of fairness and justice in the absence of a clear, positive law governing such issues. -denotes concept of fairness, justice, and right dealing among men. Regards spirit of the law. Justice outside legality.

- Applies when there is no law applicable.

- If there is a law, it will only supplement the law.

Principle of judicial hierarchy

- Ladderized scheme which requires that lower courts initially decide on a case before it is considered by a higher court.

- SC is a court of last resort. Application on extraordinary writs: issuance thereof is concurrent in all courts. Only in instances where it is absolutely necessary or where serious and important reasons clearly and specifically expressed in the petition exist that the SC may issue the same.

When the Principle of judicial hierarchy may be disregarded

- If it warranted by the nature and importance of the issues raised in the interest of speedy justice and to avoid future litigations. This in accord with the liberal interpretation of RoC

Doctrine of non-interference or doctrine of judicial stability -courts of equal and coordinate jurisdiction cannot interfere with each other’s orders. - doctrine applies to administrative bodies.

Types of courts:

a) Constitutional court- one directly created by a direct constitutional provision.

one directly created by a direct constitutional provision. I will live my life to the fuNNiest.
one directly created by a direct constitutional provision. I will live my life to the fuNNiest.

I will live my life to the fuNNiest. (BIARES, 2013) OOHlala: Only human. Open to constructive criticism. Hope this helps. lala

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b) Statutory court- one created by law other than the constitution Note: the sandiganbayan was created by a BP.

c) Civil courts- determine controversies between private persons

d) Criminal courts- those which adjudicate offenses alleged to have been committed against the state Note: Philippine courts exercise crim and civ jurisdictions

e) Courts of record- those which keep a written account of its proceedings. There is a presumption as to the veracity of its recprds that cannot be collaterally attacked except for fraud.

f) Courts not of record- those which are not bound to keep records Note: all Phil courts are now required to be court of record.

g) Superior court- one with controlling authority over other courts

h) Inferior court- one which is subordinate to another court, the judgement of which may be reviewed by a higher tribunal. Note: a court is superior or inferior in relation to another court

Type of Jurisdiction:

i) Courts of general jurisdiction- those with competence to decide on their own jurisdiction and to take cognizance of all cases (eg. RTC)

j) Special/ limited jurisdiction- those which have only a special jurisdiction for a particular purpose OR are clothed with special powers for the performance of specified duties beyond which they have no authority.

k) Original jurisdiction- when actions or proceedings are originally filed with it

l) Appellate jurisdiction- when it has the power of review over the decisions of the lower court.

m) Concurrent jurisdiction- (aka coordinate jurisdiction) power of different courts to take cognizance of the same subject matter. -Court first taking cognizance of the case assumes jurisdiction to the exclusion of the other courts. -concurrent jurisdiction among different courts of different ranks is subject to the doctrine of hierarchy of courts.

Original vs. Exclusive jurisdiction

Original Jurisdiction

Exclusive Jurisdiction

Jurisdiction to take cognizance of a case at its inception, try it and pass judgement upon the law and facts

Precludesthe idea of co-existence and refers to jurisdiction possessed to the exclusion of others.

A court may be conferred both original and exclusive jurisdiction over a particular subject matter.

Katarungang Pambaranggay Law (RA 7160)

- Barangay conciliation

- Lagally, there is no brgy court.

- The proceedings before the Lupong Tagapamayapa or the Pangkat ng Tagapagkasundo of the brgy are not judicial proceedings.

- Lupon/ Pangkat- they resolve disputes or attempt to do so through mediation or conciliation.

or attempt to do so through mediation or conciliation. I will live my life to the
or attempt to do so through mediation or conciliation. I will live my life to the

I will live my life to the fuNNiest. (BIARES, 2013) OOHlala: Only human. Open to constructive criticism. Hope this helps. lala

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- Aim: reduce work load of the courts.

- Lupon/ Pangkat does not have adjudicatory powers. Any adjudicatory powers they have must be agreed upon by the parties in writing.

Importance -condition precedent but non-jurisdictional. - absent ground for motion to dismiss NOT motu proprio. Waivable. If not raised seasonable can no longer raise this ground. Dismissal is without prejudice to refilling.

Complain orally or in writing before the Lupon PLUS Payment of appropriate fees Chairman summons
Complain orally or in writing before the Lupon
PLUS
Payment of appropriate fees
Chairman summons
respondents
Parties appeal without counsel To be resolved in 15 days Not resolved Resolved Lupon sets
Parties appeal
without counsel
To be resolved in 15 days
Not
resolved
Resolved
Lupon sets date to constitute Pangkat
END
Settlement
Settlement
not reached
reached

Goes to

COURT

Steps:

1 st : initiation

Pangkat issues certification
Pangkat
issues
certification
No repudiation END
No
repudiation
END
repudiation Pangkat issues certification
repudiation
Pangkat issues
certification

Goes to

COURT

- Complain orally or in writing before the chairman of the Lupon ( who is the punong brgy)

before the chairman of the Lupon ( who is the punong brgy) I will live my
before the chairman of the Lupon ( who is the punong brgy) I will live my

I will live my life to the fuNNiest. (BIARES, 2013) OOHlala: Only human. Open to constructive criticism. Hope this helps. lala

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- Payment of appropriate filing fees

- Chairman summon the respondents within the next working day

- Parties must appear in person GR: without counsel or representatives Exp: Minors and incapacitated who may be accompanied by their relatives of next kin who are not lawyers.

- Parties must only be natural persons

- Resolves within 15 days

- If he fails to resolve, he shall set a date to constitute the Pangkat.

- Amicable settlement NOT reached-> certification by the Lupon or Pangkat

- Unless AS is repudiated -> sufficient basis for certification

Subject matter for settlement:

GR: ALL

EXPs:

1. where one party is the govt/its subdivision or instrumentality

2. where one party is a public officer concerning his performance of official functions

3. offenses where imprisonment exceeds 1 year or a fine exceeding P5,000

4. where no private offended party

5. dispute involves real property located in different cities/ municipalities. UNLESS, parties agree to submit their differences to an appropriate Lupon.

6. Parties who reside in different brgys. EXCEPT where such brgy adjoins each other and parties agree to submit their differences to an appropriate Lupon. NOTE: Brgy conciliation NOT MANDATORY where the parties are not actual residents in the same city or municipality or adjoining brgy.

7. Those which the President may determine in the interest of justice UPON recommendation of the Sec of Justice.

Referral to the Lupon by the court:

The court in which NON-CRIMINAL CASE is files may MOTU PRO PRIO refer the case, AT ANY TIME BEFORE TRIAL, to the Lupon concerned FOR AMICABLE SETTLEMENT.

Amicable settlement: shall be in writing ; language known to parties ; signed by them attested by the lupon chairman or pangkat Effect of AS and award:

- have the effect of a final judgemnt of a court upon the expiration of 10 days from the date thereof UNLESS:

1) repudiation of the settlement has been made By filing with the lupon chairman a statement to that effect sworn before him where consent is vitiated by fraud, violence, or intimidation 2) a petition to nullify the award has been filed before the proper court

Execution of award or settlement:

- Issued upon the expiration of 10 days from the date of settlement or receipt of the award.

- May be enforced by the Lupon within 6 months from:

award. - May be enforced by the Lupon within 6 months from: I will live my
award. - May be enforced by the Lupon within 6 months from: I will live my

I will live my life to the fuNNiest. (BIARES, 2013) OOHlala: Only human. Open to constructive criticism. Hope this helps. lala

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a) the date of settlement or

b) date of receipt of award or

c) the date the obligation stipulated or

d) adjudged in the settlement becomes due and demandable.

-If settlement or award has not been complied with: disputants may file a motion with the punong brgy, copy furnished to other disputants

V. Pleadings in Civil Cases

Nature: WRITTEN ( can not be oral) statements of the respective claims and defenses of the parties submitted to the court for appropriate judgment.

Importance

: necessary to invoke jurisdiction of courts ( done by filing) Absent: judgement is Void

: designed to present, define and narrow down the issues

: limit the proof to be submitted in the trial

:advise the court and the adverse party of the issues and what are relied upon as coa or defenses

Construction: liberally construed so as to do justice, the intention of the pleader is controlling Substance NOT form Rule: parties are bound by the allegations, statements or admission made in his pleadings and cannot be permitted to take a contradictory position.

Ambiguity: construed most strongly against the pleader and no presumption in his favor.

Phil system of pleading: Code Pleading- pleadings are based on codified rules or written set of procedure as distinguished from common law procedure.

Pleadings under different rules:

 

RoC

Summary Procedure (ALLOWED)

Writ of Amparo/HD (NOT ALLOWED)

(ALLOWED)

Complaint,

answer,

Complaint, compulsory counterclaim, cross-claim pleaded in the answer, answers thereto

In addition to RoC not allowed are: counterclaim, cross-claim, 3 rd -party complaint, reply, pleadings-in-intervention

counterclaim,

crossclaim,

3 rd ,4 th -

party

complaint,

complaint-in-intervention, reply

FORM:

-Caption contains: name of the court, title of the action, docket number is assigned -Title contains: names of the parties and their participation indicated. (plaintiff/ defendant)

It is not the caption but the allegations contained therein which determine the nature of the action and relief sought. Thus, the court may pass upon the real issues as raised in the allegations.

- Body of the pleading: sets forth its designation, allegations, reliefs, and date.

Shall be divided into paragraphs and shall be so numbered for ready identification. ( numbering will be used as referrals)

ready identification. ( numbering will be used as referrals) I will live my life to the
ready identification. ( numbering will be used as referrals) I will live my life to the

I will live my life to the fuNNiest. (BIARES, 2013) OOHlala: Only human. Open to constructive criticism. Hope this helps. lala

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Two or more causes of action shall be names “ 1 st , 2 nd … coa”.

Allegations of ultimate facts:

- Must state only Ultimate Facts: facts essential to one’s coa/ defense. Stated in a logical form and in a plain and concise manner.

- Must not state: if stated -> subject to motion to strike. conclusion of law ( ratio: made by court) statements of mere evidentiary facts ( ratio: presented during trial)

Relief ( “prayer”/ “wherefore clause”) :

- Must contain an statement of the relief sought

- Must be specified but may include a “general prayer”

- Relief not part of the statement of coa. Does not also limit the issues.

- Court may grant relief not prayed for, for as long as the relief is warranted by the allegations of the complaint and the proof.

Signature and Address:

- Signed by the plaintiff OR counsel, indicating either’s address

- Absence notice of change of address to court->service made at the last address of their counsel of record.

-Unsigned pleading -> GR: produces no legal effect BUT: court may allow to sign it if plaintiff proves that lack of it is a result of mere inadvertence and not to delay proceedings.

-Counsel at fault-> subjected to disciplinary action if counsel signs- it is a certification by him that he has read the pleading, that to the best of his knowledge, information, and belief, there are good grounds to support it and that it is not interposed for delay.

-Counsel subject to disciplinary actions in CONNECTION to pleadings when:

1)

deliberately files unsigned pleading

2) signs pleading in violation of RoC 3) When he alleges in the pleading scandalous or indecent matter 4) He fails to promptly report the court the change of address.

Act of signing is personal to him and can not be delegated to non-lawyer. May delegate it to a lawyer. ( Code of Professional Responsibility)

- If signed by non-lawyer-void, can not be ratified.

Verification in a pleading Verification- under oath.

 Verification in a pleading Verification- under oath. I will live my life to the fuNNiest.
 Verification in a pleading Verification- under oath. I will live my life to the fuNNiest.

I will live my life to the fuNNiest. (BIARES, 2013) OOHlala: Only human. Open to constructive criticism. Hope this helps. lala

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Significance: intended to secure that the allegations are true and correct and not mere imaginations/ speculations, AND that it is made in good faith.

-Gr: Pleading need not be verified. - Exp: law or rule requires otherwise - absence-> will be treated as unsigned. Hence, no legal effect - formal defect. Pleading is NOT defective. Hence, court may order it to be CORRECTED or ACT on it even if not verified. - corrected by making an oath

- A pleading, if required, is verified by an affidavit. It declares that:

a) that affiant has read the pleading

b) that the allegations therein are true and correct

c) of his personal knowledge

d) based on authentic records

Other requirements:

indicate

Effect if absent

Professional Tex Receipt Number (PTRN), current IBP Official Receipt Number, Roll of Attorneys Number

Non-compliance within 5 days after notice:

a) will not be acted upon by court

b) disciplinary actions to the counsel

 

c) contempt of court by the counsel

Number and date of issue of their MCLE certificate of Compliance or Certificate of Exemption

Would cause dismissal of the case and expunction of the pleadings from the records.

Certification against Forum Shopping (Mandatory) Meaning: sworn statement certifying the following matters:

1)

to the best of his knowledge, no such other action or claim is pending 2) that if there is such, a complete statement of the present status thereof 3) that if he should learn that the same or similar action is pending, he shall report such fact within 5 days to the court where he filed it.

the party has not comment or files any claim involving same issues in an tribunal AND

- Applies to special civil actions

- Pleading requiring CaFS:

Complaint and other initiatory pleadings (eg. permissive counterclaim, cross-claim, 3 rd ,4 th party complaint, complaint in intervention, petition or any application in which a party asserts a claim). Does not cover compulsory counter claim, answer with a counter claim

- Who executes: the plaintiff or principal party, signed by the party himself and not by his counsels If made by counsel: it is defective and a valid cause for dismissal Ratio: it is the party himself who is in the best position to know if there are other similar cases.

the best position to know if there are other similar cases. I will live my life
the best position to know if there are other similar cases. I will live my life

I will live my life to the fuNNiest. (BIARES, 2013) OOHlala: Only human. Open to constructive criticism. Hope this helps. lala

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If plaintiff is a juridical person: person duly authorized by the corporation and has personal knowledge of the facts required to be disclosed in the certification. (eg. company lawyer) 4 violations related forum shpping:

violations

 

Effect

non-compliance with submission of certification

a)dismissal of the case by motion and NOT motu proprio

-

motion and hearing is required

 

-dismissal made is “without prejudice”, unless court orders

-dismissal without prejudice

otherwise -order of dismissal is non-appealable.

 

Ratio: dismissal is without prejudice. Remedy is appropriate civil action under rule 65.

b)

not curable by mere amendment.

Forum shopping proper

-

Effect if deliberately done:

a)

summary dismissal of the case

- dismissal with prejudice

no motion to dismiss or hearing is required -dismissal is with prejudice

-

b)

disciplinary actions to the counsel

c)direct contempt of court by the counsel

d)

not cured by submitting certification after.

Submission of False certification

a)indirect contempt without prejudice to administrative and criminal sanctions

Non-compliance with the certification’s undertaking

NOTE: the failure to submit a certification against forum shopping is a ground for dismissal, separate and distinct from the forum shopping as a ground for dismissal.

-Forum shopping happens when:

a) after an adverse decision, the party seeks another decision in a different tribunal Other than

by appeal or certiorari

b) where he simultaneously or successively seeks favorable decisions over different courts

- abuse of court processes

- malpractice

- Test to determine existence of FS:

1. WON the elements of lis pendentia are present

2. WON a final judgement in one case will result to res judicata in another

Thus, identify the

a) parties or atleastsuch parties as those representing the same interest in both

actions,

b) their rights or causes of action,

c)identity of relief sought

rights or causes of action, c)identity of relief sought I will live my life to the
rights or causes of action, c)identity of relief sought I will live my life to the

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- Liberal interpretation applied:

SC may suspend such rule in the interest of justice If several parties, certification made by one is enough. Substantial compliance. Belated submission may be allowed by SC.

VI. Filing and Service of pleadings, Judgments and other papers in civil cases

Paper required to be filed and served:

-

judgement

-appearances

-resolutions

-demands

-orders

-offers of judgements

-pleadings

-similar papers

-notices

Filing- act of presenting the pleading or other papers to the clerk of court

- Two modes of Filing:

a)

presenting

the

original

copy

of

the

b) registered mail

pleading, etc

 

Date of filing: Coc shall indicate or endorse on the pleading or paper filed, the date and hour of filing.

Date of mailing as shown by the post office stamp on the envelope or registry receipt shall be the date of filing.

How proved: existence in the record of the case or by written or acknowledged stamp of its filing by the clerk of court

By registry receipt and by the affidavit of ther person who did the mailing, containing a full statement of the date and place of depositing the mail in the post office in a sealed envelope addressed to the court, with postage fully prepaid, and with instructions to the postmaster to return the mail to the sender after 10 days if not delivered.

Service- act of providing a party with a copy of the pleading or paper concerned.

- Modes of service

Personal service

Service by mail

Substituted service

Preferred Violation -> treated as if not filed

GR: Written explanation why this is used instead of personal service. Violation -> treated as if not filed. Exps: those documents coming from courts

HOW:

GR: registered mail Exp: ordinary mail when no

Last resort

a) delivering a copy of the

mail when no Last resort a) delivering a copy of the I will live my life
mail when no Last resort a) delivering a copy of the I will live my life

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papers served to personally to the party or his counsel;

registry of service is available in the locality of either the sender or the addressee.

Effected by delivering the copy to the clerk of court, with proof of failure of both

b)

leaving a copy in his office

with his clerk or a person having charge thereof if non-> by leaving a copy at the party’s or counsel’s residence, with a person of sufficient age and discretion residing therein between 8 in the morning to 6 in the evening.

Done by depositing the copy in the post office, in a sealed envelope, plainly addressed to the party or his counsel at his office, if known, or otherwise at his residence, if known, with postage fully prepaid and with instructions to the postmaster to return the mail to the sender within 10 days it not delivered.

personal service and service by mail.

 

a)

Registered mail- upon

Complete at the time of delivery of the copy to the clerk of court.

Deemed complete: upon actual delivery

actual receipt by the addressee, or after 5 days from the date he received the first notice of the postmaster, which ever is earlier.

b)

Ordinary mail- upon

 

expiration of 10 days after mailing, unless the court otherwise provides.

How to prove:

a)

Affidavit of the person

 

mailing of the facts showing

a)

Consist of the written

compliance with sec 7, rule

admission of the party served.

13.

b)

registry receipt issued by

b)

official return of the

the mailing office.

server

c)

affidavit of the party

Registry return card: to be filed immediately upon its receipt by the sender, or in lieu thereof the unclaimed letter together with the certified or sworn copy of the notice given by the postmaster to the addressee.

serving, containing full information of the date,

place, and manner of service.

information of the date, place, and manner of service. I will live my life to the
information of the date, place, and manner of service. I will live my life to the

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VII. Motion in Civil Cases

Motion- an application for relief other than by a pleading

Form:

- GR: In writing Exp: those motions made in open court : motions made in the course of the hearing of the trial

- Rules that apply to pleadings shall also apply to written motions ( captions, designation, signature, other matters)

Contents:

a) a statement of the relief sought to be obtained

b) grounds upon which the motion is based

c) the supporting affidavits and other papers. (Applies only when mandated by the rules or

when necessary to prove the facts stated in the motion).

Hearing of the Motion -hearing set not later than ten days after filing of the motion. GR: every motion is a litigated motion ( one which requires parties to be heard before a ruling on the motion made by court) (eg. motion to dismiss, summary judgement) Exp: ex parte motion ( one which does not require that the parties be heard and which the court may act upon without prejudicing the rights of the party) ( motion to set for pre-trial, extension of time)

A motion that does not meet requirements set by the rules is treated as a mere scrap of paper.

Notice of the motion:

- Motion which contained the notice of hearing on the motion shall be served in such manner as to ensure receipt by the other party at least 3 days before the date of hearing. Unless, coury for good cause sets the hearing on shorter notice.

- Addressed to all parties concerned

- It shall specify the time and date of hearing.

Service of the motion:

- Motion must be served upon the other party

- No proof of service-> shall not be acted by court

Motion day GR: Friday afternoons Exp:

be acted by court  Motion day GR: Friday afternoons Exp: I will live my life
be acted by court  Motion day GR: Friday afternoons Exp: I will live my life

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a) Friday is non-working-> next working holiday

b) motions requiring immediate attention

 Failure to comply with 1. set motion for hearing 2. notice of hearing 3.
 Failure to comply with
1. set motion for
hearing
2. notice of hearing
3. service of motion

Mere scrap of paper.

- It is pro forma presenting no question which the court could decide.

- Does not stop the running of the period for filing

Omnibus Motion Rule -Rule which requires that every motion that attacks a pleading, judgment, order, or proceeding, shall include all grounds then available and all objections not so included shall be deemed waived.

GR: all objections not so included shall be deemed waived. Exp: lack of jurisdiction, litis pendencia, res judicata, prescription

Illustrated:

a) grounds available at the time motion to dismiss was filed: no coa, no juris, statute of frauds,

improper venue, and prescription.

b) movant only assailed the first 3.

c) motion was denied.

d) Answer: thus, improper venue is waived BUT prescription is not waived.

improper venue is waived BUT prescription is not waived. I will live my life to the
improper venue is waived BUT prescription is not waived. I will live my life to the

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CHAPTER II: Cause of Action and Actions

I. Cause of Action (Rule 2)

Cause of Action- the act or omission by which a party violates the right of another.

Elements:

a) a right in favor of plaintiff

b) obligation of defendant to respect or not to violate such right

c) act or omission by the defendant in violation of the right of the plaintiff or constituting a breach of the obligation of the defendant to the plaintiff for which that latter may maintain an action for recovery of damages or other appropriate relief

Coa applied:

- administrative cases Issue not WON there is a coa. Issue: WON respondent has breached the norms and standards of the office.

- Breach of contract of carriage Negligence is presumed. Need not be proved.

- Quasi-delict GR: negligence must be alleged or proved Exp: Art 2180 of CC. negligence is presumed.

- Promissory note Coa arises upon the due date If complaint filed before due date but service made after due date-> still premature. The defect could not be cured by service of summons on the defendant after the due date.

- Unlawful detainer:

There must be a demand before coa accrues or that the term of lease contract has expired.

Pay or vacate

Pay and vacate

Specific performance

Unlawful detainer

RTC if amount within juris

MTC

Coa vs Action

RTC if amount within juris MTC  Coa vs Action I will live my life to
RTC if amount within juris MTC  Coa vs Action I will live my life to

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Action- suit filed in a court for the enforcement or protection of a right or the prevention or redress of a wrong Coa- basis of the action

All elements of a Coa must be stated in the complaint. Dismissal of the complaint:

Lack of CoA

Failure to state CoA

Failure to prove or to establish by evidence one’s stated Coa/ states no Coa

Insufficiency in the allegations in the complaint to establish Coa

Raised in the demurrer to evidence under Rule 33 after the plaintiff has rested his case and can be resolved only on the basis of evidence he has presented in support of his claim.

Ground for dismissal under Rule 16 before a responsive pleading is filed and can be determined only from the allegations of the pleadings and not from evidentiary matters.

Test of sufficiency of the statement of a Coa

- WON admitting the facts alleged, the court could render a valid verdict in accordance with the prayer of the complaint. GR: Motion to dismiss in the ground of failure to state Coa, hypothetically admits the allegations in the complaint. Note: hypothetical admission only extend to relevant and material facts in the complaint as well as to inferences deductible therefrom. Does not include conclusion or interpretations of law.

Allegations in the complaint:

1. determine WON the complaint states a Coa. Thus, it is error for the court to take cognizance

of external facts/ matters aliunde or to hold preliminary hearings to determine its existence.

- sufficiency should appear on the face of the complaint.

- BUT court may also consider attachments, annexes or other documents, or admissions in the records.

2. determine the nature of the Coa

- nature of Coa is not determined in the prayer.

-caption or designation of the complaint is not controlling

3. determines which court has jurisdiction.

How to state Coa

-Must contain only ultimate facts, Ultimate facts: essential facts of the claim. A fact is essential if it cannot be stricken out without leaving the coa insufficient. It is the basis of the right of the plaintiff and which make up the wrongful act or omission of the defendant. -stated in a plain, concise, methodological, and logical form -evidentiary facts must be omitted.

- must not state conclusions of law

- should not contain sham, false, redundant, immaterial, scandalous matters. These are subject

to motion to stike by a party 20 days after service of the pleading OR by the court at any time.

after service of the pleading OR by the court at any time. I will live my
after service of the pleading OR by the court at any time. I will live my

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Conditions precedent:

Some Coa has condition precedent that need be complied with. Failure to comply is a ground for a motion to dismiss under Rule 16.

Pleading of a

1. a judgement or decision of a domestic or foreign tribunal:

it is sufficient to aver the judgement or decision. No need to aver details showing jurisdiction.

Under Sec 3, Rule 131, there is a presumption that a court has jurisdiction.

2. official document or act:

It is sufficient to aver that the document or act was issued or done in compliance with the law.

3. capacity to sue or be sued:

Facts showing one’s capacity must be averred.

4. fraud, mistake, or condition of the mind:

Circumstances constituting such must be stated with particularity.

Malice or intent or knowledge must be generally averred.

5. alternative coa or defenses:

A party may set forth 2 or more statements of claims or defenses, alternatively or

hypothetically, either in one coa or defense or in separate coas/ defenses. Even if inconsistent claim, it is okay as long as they are consistent with the coa relied upon as

an alternative.

The pleadings which contain alternative coa is not made insufficient by the insufficiency of one

or more of the alternative statements as long as one of them if made independently is

sufficient. Rule allowing alternative defenses is consistent with the omnibus motion rule.

6. actionable documents.

- a document relied upon by either plaintiff or defendant

- to plead, pleader is to set forth in the pleading the substance of the instrument or the document, and to attach the original or the copy of the document to the pleading as an exhibit and which shall form part of the pleading OR - to set forth in the pleading said copy of the instrument or the document. -How to contest an actionable document: The party who has no intent of admitting the genuineness and due execution of the document must contest the same by:

a) specifically denying the genuineness and due execution of the document under oath

b) setting forth what he claims to be the facts

 

MUST: denial + oath

Absence of oath=implied admission of the due execution and genuineness of the document.

Defenses cut off by absence of oath

Defenses NOT cut off by absence of oath

a)

forger,

a)payment

cut off by absence of oath a) forger, a)payment I will live my life to the
cut off by absence of oath a) forger, a)payment I will live my life to the

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b) lack of authority to execute document,

b)

want of consideration

 

c) that the party who signed it made it in another capacity than that set in the document,

c)illegality of consideration

 

d) usury

 

e) fraud

d) or that the document was never delivered,

ratio: these defenses are not inconsistent with admission of genuineness and due execution of the instrument and are not therefore, barred.

e) or that the document was not in the words and figures set out in the pleadings, etc.

ratio: have relp to the concepts of genuineness and due execution.

g)

prescription

 

h)

release

 

i)

waiver

j)

statute of frauds

 

k)

estoppel

l)

former

recovery

or

discharge

in

bankruptcy

 

ratio: having no relp to the concepts of genuineness and due execution.

Note: if answer opposing the pleading is unverified or denial in bad faith (lacks knowledge of such document), genuineness and due execution deemed admitted. Thus, proper ground for judgment on the pleading.

When oath not required: thus specific denial is enough. a) when the adverse party does not appear to be a party to the document b) when compliance with a court order for an inspection of the original instrument is refused by adverse party who is in possession thereof.

Splitting a Cause of Action

- it is the act of instituting two or more suits for the same cause of action.

- The pleader divides a sing coa, claim or demand,= into two or more parts, brings a suit for one of such parts with the intent to reserve the rest for another separate action.

- Prohibition against it:

“ a party may not institute more than one suit for a sing coa” -Ratio: multiplicity of suits, clogs court dockets, vexatious litigation, instrument od harassment, unnecessary expenses. - this rule applies not only to complaints but also to counterclaims and cross-claims and complaint for interpleader. - a single act may sometimes violate several right of a person. Nevertheless, the plaintiff has only one coa regardless of the number of rights violated. Note:

separate ang action for reconveyance (ownership), from action for forcible entry or unlawful detainer (possession).

action for forcible entry or unlawful detainer (possession). I will live my life to the fuNNiest.
action for forcible entry or unlawful detainer (possession). I will live my life to the fuNNiest.

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GR: Obligation on installment basis, gives rise to divisible independent obligations. Each default, separate suit. But if pending suit for one installment, one becomes due, plaintiff may file a supplemental pleading. Exp:Anticipatory breach Eg. when a person is obliged to deliver good every month for 10 years, but refuses to make any delivery under the contract-> it is an unqualified and positive refusal to perform his part of the agreement. Breach is total and there is only one coa.

- effect of splitting filing or judgment of one upon the merits is available as a ground for the dismissal of others. If 2 nd action is filed pending 1 st action= basis: litis pendencia If 2 nd action has been decided when 2 nd action filed= basis: res judicata

Note: it is not necessary that the 2 nd action be dismissed. It is a matter of judicial discretion.

Joinder of Causes of Action:

- Assertion of as many coa as a party may have against another in one pleading.

- Not compulsory only permissive.

- Take note of “totality test”= when the claims in all the coas are principally for the recovery of money, the aggregate amount claimed shall be the test of

- RULE: special civil action can not be joined with ordinary civil action.

- Joinder of parties, coas must arise from single transaction or series of transaction and there must be a common question of law or fact. And that there are two or more defendants or plaintiffs.

- note: claim for atty’s fees and litigation expenses and costs are not to be included in the computation of jurisdiction.

- Joinder of coa vs joinder of parties Joinder of coa will not necessarily mean joinder of parties.

- Misjoinder is not a ground for dismissal of the action. Remedy: The erroneously joined coa can be severed and proceeded with separately upon motion by a party or upon the court’s own initiative.

motion by a party or upon the court’s own initiative. I will live my life to
motion by a party or upon the court’s own initiative. I will live my life to

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II. Actions

Action- legal and formal demand of one’s right from another person made and insisted upon in a court of justice. (aka. Suit)

Civil action

One by which a party sues another for the enforcement or protection of a right , of the prevention or rederss of a wrong. Primary purpose: compensatory

Criminal action

one by which the state prosecutes a person for an act or omission punishable by law. Primary purpose: punishment.

Special civil action

to establish a status, a right or a particular fact.

Real action

It affects title to or possession of real property, or an interest therein.

but not every action involving real property is real action. Because the realty may only be incidental to the subject matter of the suit. The fundamental and prime objective must be related with real property.

-

matter in litigation: title to, ownership, possession, partition, foreclosure of mortgage or ang interest in the real prop.

-

-

thus, Real property + matter in litigation = real action

Personal action

 

In personam

Proceeding to enforce personal rights and obligations brought against the person and is based on the jurisdiction of the person, although it may involve his right to, or to exercise of the ownership of, specific property, or seek to compel him to control or dispose of it in accordance with the mandate of the court. Purpose: impose upon the defendant a responsibility or liability

In rem

Directed against the whole world

Quasi in rem

One brought against persons seeking to subject the property of such persons to the discharge of the claims assailed. Purpose: subject his interests to the obligation or loan burdening the property. -deals with the status, ownership or liability or a particular property but which are intended to operate on these questions only as between parties to the proceeding and not to ascertain or cut-off rights of interests of all possible claimants.

Real vs personal action Significance: determining venue Real property: local, depends upon the location of the property involved

local, depends upon the location of the property involved I will live my life to the
local, depends upon the location of the property involved I will live my life to the

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Personal property: transitory, venue depends upon the residence of the plaintiff or the defendant at the option of the plaintiff.

In determining venue, steps:

1. determine WON real or personal

2. application of the rule 4, Roc

In rem vs in personam vs quasi in rem Significance; to determine WON jurisdiction over the person of the defendant is required and consequently to determine the type of summons to be employed. In personam: jurisdiction over the person of defendant In rem: jurisdiction over the res Quasi in rem: jurisdiction over the res

See further notes under summons

CHAPTER III: Jurisdiction, Venue and Parties

I. Jurisdiction

Jurisdiction: power and authority of the court to hear, try and decide a case, and the power to enforce its determination.

Jurisdiction is the power of the court and not that of the judge.

Test of jurisdiction: WON the court has the power to enter into the inquiry and WON the decision is right or wrong.

Jurisdiction over the subject matter is a matter of substantive law. Jurisdiction over the parties, res, and issues are matters of procedure.

Can not be subject to waiver or stipulation of the parties.

It is the duty of the court to look at first if it has jurisdiction before proceeding to other matters.

It may motu pro prio dismiss case if it has jurisdiction.

Power to exercise jurisdiction may be enforced by mandamus.

Jurisdiction vs exercise of jurisdiction:

Jurisdiction: authority Exercise: decisions made

- Errors of judgment: errors committed in the exercise of jurisdiction

- Error of judgment vs error of jurisdiction:

Error of judgment

Error in jurisdiction:

as long as the court act within its jurisdiction, any alleged errors committed in the exercise of its discretion will amount to nothing more than mere errors of judgment.

one where the act complained of was issued by the court without or in excess of jurisdiction or grave abuse of discretion

Corrected by appeal

Corrected by certiorari

Corrected by appeal Corrected by certiorari I will live my life to the fuNNiest. (BIARES, 2013)
Corrected by appeal Corrected by certiorari I will live my life to the fuNNiest. (BIARES, 2013)

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Not void

Decision is void

- Lack of jurisdiction

- If court does not have the legal power to determine the case

- Excess of jurisdiction

- Court is clothed with power but oversteps its authority determined by law

- Jurisdiction vs cause of action

Jurisdiction

Cause of action

Authority

Act or omission violative of rights of others

Conferred by law

Not. But exist bec a right is violated

- Doctrine of primary jurisdiction:

- Courts will not resolve a controversy involving a question which is within the jurisdiction of an administrative tribunal, esp where the question demands the exercise of sound administrative discretion requiring the special knowledge , experience, and services of the administrative tribunal to determine technical and intricate matters of fact.

- Doctrine of continuity of jurisdiction:

Once a court has acquired jurisdiction, that jurisdiction continues until the court has done all that it can do in the exercise of that jurisdiction.

- Thus court can not be ousted by subsequent happenings or events, although of a character which would have prevented jurisdiction from attaching in the first instance.

- Court’s jurisdiction can not be affected by a new law Except when the law provides otherwise.

- In action for ejectment already filed, court does not loose jurisdiction by the surrender of the property by the defendant.

- Court acting on a motion, doe not loose juris over said motion by the filing of notice of appeal.

- Even finality of the judgment does not totally deprive the court of jurisdiction over the case. It still has power to enforce or execute it. What the court loses is the power to amend, modify or alter the judgment.

Jurisdiction over the subject matter It is the power to deal with the general subject involved in the action, and means not simply jurisdiction of a particular case, but jurisdiction of the class of cases to which the particular case belongs.

Subject matter: item with respect to which the controversy has arisen, or concerning which

the wrong has been done, and it ordinarily the right, the thing, or contract under dispute. How it is conferred: Substantive Law or statute, thus it can not be subject to:

a)

administrative policy of any court

b)

by court’s unilateral assumption of jurisdiction

c)

court’s erroneous belief

d)

by agreement of the parties, their silence, or waiver

d) by agreement of the parties, their silence, or waiver I will live my life to
d) by agreement of the parties, their silence, or waiver I will live my life to

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Determining jurisdiction over the subject matter:

jurisdiction is determined by the allegations of the complaint, the initiatory pleading. Regardless of WON the plaintiff is entitled to his claims asserted therein. it is not determined by the defenses or by evidences in the trial. yet if court, after hearing, the real issue determined and belongs to another court, the court should dismiss the case for lack of jurisdiction. In a case of reconveyance of real property, the alleged value in the complaint is 11k but the uncontroverted value in the tax declaration raised as a defense is 50k. the latter prevails.

it is not determined by the amount substantiated or awarded. Thus if RTC has juris, lesser reward does not divest it of its jurisdiction. BUT this rule does not apply in REVERSE. Thus if MTC has juris, greater reward divests it of its jurisdiction.

- Exception to the above rule:

The same is not applied with rigidity in ejectment cases in which the defendant averred the defense of the existence of a tenancy relationship between the parties. Provided: there must first be reception of evidence and, if after hearing, tenancy had in fact been shown to be the real issue, court may dismiss for lack of jurisdiction.

-Applicability to criminal actions:

Jurisdiction determined by the allegations in the information. Goverened by law: at the time of filing. Penalty: penalty prescribed at the time of commission. Note that: in case of variance in the offense charged and proved, Trial court may try and convict defendant for offense proved which is included in the offense charged, or of the offense charged which is included in the offense proved. Eg. charged: murder. Proved: homicide. The court may try defendant for the latter because necessarily included in the offense charged.

- Jurisdiction, being a matter of substantive law, statute in force at the time of the commencement of the action determines the jurisdiction of the court.

- Note: ex mero motu: mere motion of a party’s own free will. Same as motu proprio

- Lack of jurisdiction over the subject matter:

Earliest opportunity to question jurisdiction: motion to dismiss filed before the filing or service of an answer. Gr: It maybe raised at any stage of the proceeding even on appeal. Exp: the parties barred by estoppel. (Tijam vs Sibonghanoy ruling- SC barred a belated onjection to jurisdiction after an adverse decision was rendered against the party questioning jurisdiction AND after seeking affirmative relief from the court AND after actively participating in all stages in the proceeding. Estoppels by laches. Active participation is a recognition of court’s jurisdiction.) It is an exception to omnibus motion rule. Court who dismisses a case on this ground, has no authority to forward the same to the proper court. After dismissal, it has no authority to make any other order.

dismissal, it has no authority to make any other order. I will live my life to
dismissal, it has no authority to make any other order. I will live my life to

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Jurisdiction over the person Over the plaintiff: by his filing of the complaint or petition and payment of docket fees. Thus, voluntary submission. Personal appearance in court is not necessary. Over the defendant: valid service of summons or his voluntary submission in court.

- Jurisdiction over defendant is only required in action in personam not in in rem or quasi in rem.

Voluntary appearance of the defendant:

- Equivalent to service of summons

- it must be that amounts to a voluntary submission to the jurisdiction of the court.

- GR: seeking affirmative relief from court is voluntary appearance Exp: when the relief sought for is for the purpose of objecting to the jurisdiction of the court over the person of the defendant.

- Examples: files necessary pleading, motion for recon of the default judgement, compromise agreement with the approval of the court, files an answer to the contempt charge. Files a petition for certiorari without questioning the court’s jurisdiction over his person.

- An appearance made without expressly objecting jurisdiction, is a submission to the jurisdiction of the court.

-Lack of jurisdiction over the person of defendant:

May be raised as a ground for a motion to dismiss May be pleaded as an affirmative defense in the answer - failure to plead it deemed waived. -omnibus motion rule applies. Not an exception.

Note: Jurisdiction

Over the person

Over the subject matter

Not an exception to omnibus motion rule

An exception

Not pleaded- deemed waived

Not pleaded- not waived

Acquired by: summons or voluntary submission

Acquired by: allegations in the pleadings

- The inclusion of a motion to dismiss on the ground aside from lack or jurisdiction over the person of the defendant shall not be deemed voluntary appearance ( Sec 20, R14).

Jurisdiction over the issue:

-Power of the court to try and decide issues raised in the pleadings of the parties -Issue: a disputed point or question to which parties to an action have narrowed down their several allegations and upon which they are desirous of obtaining as decision. - where there is no disputed point ( fails to tender issue or admits allegations of complainant)- > no issue -> judgment on the pleadings.

How conferred:

-Conferred and determined by the pleadings of the parties.

-Conferred and determined by the pleadings of the parties. I will live my life to the
-Conferred and determined by the pleadings of the parties. I will live my life to the

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-may be conferred by stipulation of the parties, by entering into stipulations of facts and documents or enter into an agreement simplifying the issues of the case. - may be conferred by waiver or failure to object to the presentation of evidence on a matter not raised in the pleadings. - Issues may be tried even if not raised in the pleadings if made with the express or implied consent of the parties. Treated as if they were raised in the pleadings. Thus, the pleadings may be amended upon motion or it is considered impliedly amended.

Question of law vs question of fact Of law- when the doubt or difference arises as to what the law is on a certain set of fact. Of fact- when the doubt or difference arises as to the truth or falsehood of the alleged facts. When it involves review of evidence- Of fact

TEST: WON the court can determine the issue raised without reviewing or evaluating the evidence, in which case, it is a question of law; otherwise it is a question of fact.

Jurisdiction of the MTC, MeTC, and MCTC

- RA 7691 ammended parts of BP 129 and expanded the jurisdiction of MTC, MeTC, and MCTC - all processes issued maybe served anywhere in the Philippines, without need of RTC certification. -decision appealable to RTC.

Coverage:

1. jurisdictional amount:

Outside Metro Manila- P300k Within Metro Manila- P400k Applies to real and personal property.

Jurisdiction

Said amount does not include: interest, damages of whatever kind ( damages that are merely incidental to or consequence of the main action) , atty’s fees, litigation expenses, and costs.

Filing fee

Included.

Totality Rule: there are several claims or coa between the same or different parties, embodied in the same complaint, the amount of the demand shall be the totality of the claims in all the coa, irrespective of won the coa arose out of the same or different transaction.

2. Has exclusive and original jurisdiction over forcible entry and unlawful detainer cases regardless of assessed value. Both are ejectment cases (aka. accion interdictal) All ejectment cases as with its jurisdiction regardless if cases involve ownership issues or the issue of possession can not be resolved without resolving ownership.

possession can not be resolved without resolving ownership. I will live my life to the fuNNiest.
possession can not be resolved without resolving ownership. I will live my life to the fuNNiest.

I will live my life to the fuNNiest. (BIARES, 2013) OOHlala: Only human. Open to constructive criticism. Hope this helps. lala

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But any adjudication made on ownership by such court is merely provisional. Thus, without prejudice to an action between same parties involving such. What it only resolves is possession de facto NOT de jure.

3. Has exclusive and original jurisdiction over civil actions involving title to possession of any

real property or any interest therein where values are:

Outside Metro Manila- P20k Within Metro Manila- P50k Value determined by tax declaration or assessed value of adjacent lots. Assessed value: fair market value of the real property multiplied by the assessment level. FMV: price at which a property may be sold by a seller, who is not compelled to sell, and bought by a buyer, who is not compelled to buy. Thus,jurisdiction over accion puliciana and reinvidicatoria cases are now determined by tax declaration or assessed value.

4. Admiralty and maritime cases, if claim:

Outside Metro Manila- P300k Within Metro Manila- P400k

5. Probate proceedings, if gross value of the entire estate:

Outside Metro Manila- P300k Within Metro Manila- P400k Prov rem follows principal action: MTC has exclusive original jurisdiction to grant/ deny prov rem where principal action is within its jurisdiction.

6. SC Delegated jurisdiction: MTC is acting as RTC; thus appeal is to CA.

cadastral and land registration cases covering lots:

a)

where there is no controversy/ opposition, or

b)

P of land : =/< P100k - value ascertained by affidavit of claimant/ agreement of the parties/ tax dec

7.

Special jurisdiction:

a)

petitions for habeas corpus ( RTC absent)

8.

Summary Procedure

1)

Basic principles:

not all pleadings allowed. ONLY allowed are: complaint, compulsory counterclaim, cross-claim pleaded in the answer, answer to these pleadings.

PROHIBITED: motion to dismiss, new trial/ recon/ reopening of trial, Relief from judgement, extension, memoranda, certiorari/ mandamus/ interlocutory order, declare defendant in default, dilatory postponement, reply, 3 rd party complaints, interventions. Exp: certiorari allowed when court acted contrary to rules of summary procedure.

when court acted contrary to rules of summary procedure. I will live my life to the
when court acted contrary to rules of summary procedure. I will live my life to the

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2) Court may dismiss case outright if ground exists. 3) Defendant does not answer in 10 days from service of summons- court (motu proprio / motion) render judgement. 4) No trial. Only preliminary conference.

5)

6) Render judgement- 30 days from receipt of last affidavit or position paper or expiration of period for filing the same. 7) GR: motion to dismiss not allowed. Exp: lack of jurisdiction over subj matter and failiure to

Parties submit affidavits and position papers.

comply with brgy conciliation.

9. small claims:

- RoC applies suppletory to these kinds of cases.

- pleadings prohibited: same as summary procedure BUT add bill of particulars.

- uses forms to be filled up

- purpose: inexpensive and expeditious means to settle disputes.

- NO: lawyers, no formal pleadings, no strict rules on evidence.

- Procedure: action commenced: 1)filing form I-SCC ( statement of claims, accomplished and verified, duplicate)
- Procedure:
action commenced:
1)filing form I-SCC ( statement of claims, accomplished and verified, duplicate)
2) paying docket and other legal fees (unless, indigent)
3) attachements:
- if with actionable document, accompany with 2 duly certified copies
- affidavits of witnesses and other evidences in support of claim.
( state only facts of personal knowledge), non-
compliance: inadmissible with disciplinary action.
- ratio- evidence not attached shall not be entertained. Unless, good cause.
Upon receipt by court: court determines won within small claims: - Coverage: a)MTC cases where
Upon receipt by court: court determines won within small claims:
- Coverage:
a)MTC cases where value of claim does not exceed 100k exclusive of interest or costs.
b) purely civil in nature, where claim is solely for payment/ reimbursement of sum of money
claim:
money owed- in contract of lease/ loan/ services/sale/ mortgage.
Damages-fault or negligence/ quasi-contract, contract
enforcement of brgy amicable settlements/ arbitration ward involving money claims)
c) civil aspect of criminal actions ( filed prior to crim case/ reserved).
-several claims: such claims may be joined provided does not exceed 100k.
( interest and cost not
I will live my life to the fuNNiest. (BIARES, 2013)
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included).
pg. 32
Within: Not within jurisdiction: Court issue form 2- SCC ( summons): directing to file response.
Within:
Not within jurisdiction:
Court issue form 2- SCC (
summons): directing to file
response.
Dismiss case outright.
Basis: allegations in the claim/
evidences.
Then form 4-SCC, notice to
appear in court.
Defendant to file response within 10 days in form 3-SCC.Period non-extendible.
- Form accompanied with affid/evids.

Fails to respond:

Court render judgement limited to prayer but may reduce if excessive. END

Defendant files counter claim with response if: a) within coverage of rule exclusive or interests
Defendant files counter claim with response if:
a) within coverage of rule exclusive or interests and
costs. ( if not within, filing of it shall be at the
election of the plaintiff provided with in jurisdiction.
b) arises of the same transaction or event that is the
subj matter of plaintiff’s claim
c) does not require the joinder of 3 rd parties AND
d) not subj of another pending action
- interposed, or else, barred.
Parties appear at hearing personally or through representative (SPA form 5-SCC) to: 1) Amicable settlement;
Parties appear at hearing personally or through representative (SPA form 5-SCC)
to: 1) Amicable settlement; 2) JDR; 3) enter into stipulation of facts or admission
of facts and of documentary exhibits. NO LAWYERS

Failure to appear:

a) Plaintiff- dismissal of claim.

At hearing:

-

JDR

I will live my life to the fuNNiest. (BIARES, 2013)

b)

reponse. Render judgement. EXP: several defendants sued under a common coa and who plead a common defense and one or more of them appear at h

Defendant- failure to file

h

i

END.

JDR works:

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pg. 33

OOHlala: Only human. Open to constructive criticism. Hope this helps. lala

JDR fails:

- Settelement form 7-SCC

- Resolution form 8-SCC

- Writing, signed by the parties for court approval ( form 12-SCC).

- JDR to be presided by judge

- -terminated in 1 day 2 nd JDR fails

Jurisdiction of the RTC

- Decisions appealble to RTC

- Has general jurisdiction.

Coverage:

1. exclusive and orginal jurisdiction:

a) subj matter not capable of pecuniary estimation.

CAPABLE: jurisdictional amounts NOT CAPABLE: RTC

Case

Capable/ not capable

Action primarily for recovery of money

 

Capable

Nullity of assignment of rights

 

Not

Expropriation

 

Not

Annul GOCC reso

 

Not

Annul deed of declaration of heirs with partition (partition incidental)

 

Not

Extrajudicial foreclosure of sale of real prop

 

Not (ratio: not real action)

Partition

of

real

prop

with

determination

of

Not

hereditary rights

 

Specific performance

 

Not

Specific performance to compel one to execute deed of conveyance covering land

Not (ratio: main issue is right to compel specific performance)

Specific performance to compel one to execute deed of conveyance covering land BUT with alternative answer which asserts where primary action is to obtain ownership

Capable

Specific performance AND damages

 

Not

Specific performance OR damages

 

Capable

Injunction

Not

Replevin

Capable

Interpleader

 

Capable

b) title to or possession of real property or an interest therein, assessed value:

exceeds 20k ( outside MMla); exceeds 50k ( MMla)

c) demand or claim: exceeds 300k ( outside MMla); exceeds 400k ( MMla)

d) probate, testate/ intestate, gross value of estate: exceeds 300k ( outside MMla); exceeds 400k (

MMla)

Note: probate court can only determine won property included in the inventory. Not adjudicate. Exp: parties agreed otherwise.

e) not falling with juris of other courts.

2. concurrent and original juris:

a) with SC: actions affecting amabassadors, public ministers/ consuls.

b) with SC and CA: certiorari, madamus, madamus vs lower courts and quo warranto and hbc

madamus, madamus vs lower courts and quo warranto and hbc I will live my life to
madamus, madamus vs lower courts and quo warranto and hbc I will live my life to

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3.

appellate jurisdiction: decisions of lower courts

4. special jurisdiction: may be designated by SC to handle exclusively criminal cases , juvenile,

domestic relations, agrarian, urban and land reform which do not fall under other tribunal OR

cases determined by court in the interest of speedy and efficient administration of justice.

5. intra- corporate controversies: provided in the SRC

a) cases involving devises or schemes employed or any acts of BoD, bus assoc, its officers or

partnership amounting to fraud and misrepresentation- that is detrimental to interest of public/ sth/ partners/ assoc mems/ org mems registeredwith SEC.

b) controversies arising out or intra-corporate or partnership relations ( between sth, mem,

associates; between any or all of them and the corp, partnersip, assoc; and between corp, partnership, assoc and the state) in so far as it concerns their individual franchise or right to exist

as such entity.

c) controversies in the election/ appointmemts of dir/ trustees/ officers or managers of such corp/

part/ assoc.

d) petitions of such entities to be decalred in a state of suspension of payments.

Jurisdiction of CA:

- Though not a trial court, have power to try cases, hearing, recevive evid, grant and conduct new trial or further proceedings.

Coverage:

1. Exclusive and original jurisdiction: annulment of judgement of RTC

2. concurrent and original jurisdiction

a) with SC: certiorari, prohibition, mandamus against RTC, CSC, CBAA, quasi-judicial agencies in

Rule 43, NLRC. Note: follow hierarchy of courts.

b) with SC and RTC: certiorari, prohibition, mandamus against lower courts and bodies and quo

warranto and hbc (won in aid of appellate jurisdiction)

3. exclusive appellate jurisdiction:

a)ordinary appeals from RTC and FC

b) RTC decision

c) decisions/ reso/ orders/ awards of RTC, CSC, CBAA, quisi-judicial agencies in Rule 43, and

office of ombudsman in admin disciplinary cases. Note: en banc CTA decision now appealble to SC ( Rule 45).

d) MTC decision on cadastral or land reg cases pursuant to delegated jurisdiction. ( note MTC

decision on this is as if RTC decision).

Jurisdiction of SC:

- GR: Not trier of facts

- Exps:

a)Findings are grounded entirely on speculation/ surmises/ conjectures. b)inference made: manifestly mistaken/ absurd/ impossible

c) grave abuse of discretion

d) judgment: based on misapprehension of facts

of discretion d) judgment: based on misapprehension of facts I will live my life to the
of discretion d) judgment: based on misapprehension of facts I will live my life to the

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e) finding of facts: conflicting

f) CA findings: beyond issues of the case or contrary to the admission of parties.

g) findings: contrary to the trial court

h) findings: conclusions without citation of specific evidence on which they are based.

i) facts in the petition, reply briefs: not disputed by respondent j: findings of fact are premised on the supposed absence of evidence and contradicted by the

evidence on record. k) CA manifestly overlookes certain relevant facts not disputed by the parties, which if properly considered, could justify a different conclusion.

Coverage:

1. Exclusive Original jurisdiction in certiorari, prohibition, mandamus against CA, Comelec, Coa,

Sandiganbayan.

2. Concurrent original jurisdiction

a) with CA: certiorari, prohibition, mandamus against RTC, CSC, CBAA, quasi-judicial agencies in

Rule 43, NLRC. Note: follow hierarchy of courts.

b) with CA and RTC: certiorari, prohibition, mandamus against lower courts and bodies and quo

warranto and hbc (won in aid of appellate jurisdiction)

c) with RTC: actions affecting amabassadors, public ministers/ consuls.

3. Appellate jurisdiction (rule 45): CA, Sandiganbayan, RTC on pure questions of law, constitutionality or validity of law or treaty, international or executive agreement, law pd, proc, order, instruction, ordinance or regulation, legality of tax/ impost/ assessment/ toll/ penalty, jurisdiction of lower court and CTA decisions.

Question: may aggrieved party choose between Rule 65 and Ryle 45 for nullification of CA decision in the exercise of its original or appellate jurisdiction? Rule 65 not advisable. Appropriate remedy if Rule 45 which shall raise only pure questions of law.

4.

cases under 187 consti= must be SC en banc

 

a)

cases; constitutionality of a treaty, international agreement, exec agreement, law

 

b)

Roc requires en banc

c)

constitutionality/

application/

operation

of

pd,

proc,

orders,

instructions,

ordinances,

regulations

d) cases heard by SC decision but majority vote not obtained,

e) modification or reversal: doctrine or principle of law by a previous SC en banc decision

f) discipline of judges in the lower court

g)

contests on: election, returns, qualification of pre or vp.

Jurisdiction of Family Court:

1)

exclusive original jurisdiction:

a)

petition for guardianship/ custody/ hbc of children.

b)

adoption of children, revocation

hbc of children. b) adoption of children, revocation I will live my life to the fuNNiest.
hbc of children. b) adoption of children, revocation I will live my life to the fuNNiest.

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c)

annulment of marriage/ dec of nullity of marriage/ those relating to status or property relations

of H/W or those living together under different status and agreements, and petitions for dissolution of cpg.

d) petitions for support/ acknowledgement

e) summary judicial proceedings under Family Code

f) petitions for declaration of status of children as: abandoned, dependent, neglected

g) petitions for voluntary or involuntary commitment of children

h) suspension/ termination/ restoration of parental authority

i) petition for the constitution of family home

II. Venue (Rule 4)

Venue: place or the geographical area where an action is to be filed and tried. Civil cases: relates only to place of suit. Crim cases: place of suit and jurisdiction

In determining venue, steps:

1. determine WON real or personal

2. application of the rule 4, Roc

Not a matter of substantive law. Merely procedural.

- Thus, parties may waive it

- Thus, Improper venue= not lack of jurisdiction

Dismissal based on improper venue:

- GR: TC can not motu proprio. Dismissal made on such, motu proprio, plain error.

- Must be in a motion to dismiss.

- Exp: action covered by the rules on summary procedure.

Determination of Venue:

1 st : determine if action is personal or real.

Action is…

Where is party?

 

Thus, venue:

personal

resident

Residence of plaintiff or defendant at plaintiff’s option.

personal

Non-resident

 

Residence of plaintiff or where defendant may be found at plaintiff’s option.

real

 

Where real prop is situated

real

Non- resident and nor found in phil -Action affect personal status of plaintiff - any prop of defendant located in phil

-residence of plaintiff or where the property or any portion thereof is situated.

personal

Action for damages and actions to collect sum of money

Residence of plaintiff or defendant at plaintiff’s option

real

Action

to

recover

ownership

of

real

Place where located

property

real

Unlawful detainer, forcible entry, accion publiciana Recovery of possession of leased real prop

Place where located

of possession of leased real prop Place where located I will live my life to the
of possession of leased real prop Place where located I will live my life to the

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and payment of accrued rentals.

and payment of accrued rentals.

and payment of accrued rentals.

Stipulations on venue:

- Parties may agree which could be place where they or neither of them resides.

- Agreement valid: a) writing; b) made before filing of action; c) words of exclusivity of venues (eg. only, solely, exclusively, in no other court, particularly, nowhere else but)- if exclusive= only in such venue stipulated; if not or merely permissive= in addition to where parties reside).

Denial of a motion to dismiss based on improper venue is not appealable.

- Merely interlocutory order

- Remedy: file an answer and interpose the ground as an affirmative defense, go to trial and appeal from the adverse judgment.

- But is denial is tainted with grave abuse of discretion- remedy is certiorari/ prohibition.

Case dismissed on ground of improper venue and not lack of jurisdiction. Note that territorial

jurisdiction is irrelevant in civil cases. -Venue vs jurisdiction

Venue

Jurisdiction

Place where case to be heard

 

Authority to hear and determine case

Procedural law

 

Substantive law

Establishes

relation

between

plaintiff

and

Between court and subject matter

defendant

May be conferred by agreement/ law

 

By law

Not ground for motu proprio dismissal

 

Ground

Not ground for motu proprio dismissal   Ground I will live my life to the fuNNiest.
Not ground for motu proprio dismissal   Ground I will live my life to the fuNNiest.

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Two main categories:

III. Parties (Rule 3)

Plaintiff- claiming party or more appropriately, original claiming party and one who files the complaint or party claiming in a counterclaim, etc Defendant- party against whom there is a claim

Who may be parties:

Natural persons; juridical persons; entities authorized by law.

a) juridical persons: Art 44 in the Civil Code

- state and its political subdivisions -corp/ inst/ entities for public interest or purpose, created by law -corporations/ partnerships/ assoc for private interest or purpose to which the law grants a juridical personality, seprate and distinct from that of each shareholder, partner, or member.

b) entities authorized by law, examples:

-corporation by estoppels - contract of partnership with P3000 as capital but failed to register -estate of deceased -legit labor organization -Roman Catholic churchd -dissolved corporation: provided suits a) occur within 3 years after dissolution; b) connected with settlement and closure of its affairs.

c) entity without a juridical personality as defendant:

Sec 15, Rule 3 or RoC, entity by estoppel.

Remedy when there is a defect in the parties:

defect

Remedy/ action:

Person

not

authorized

Motion to dismiss on the ground that “ plaintiff has no legal capacity to sue”.

:plaintiff

Person

not

authorized

Motion to dismiss on the ground that the pleading asserting the claim states no cause of action or failure to state cause of action Ratio: there cannot be a coa against one who cannot be a party to a civil action.

:defendant

Plaintiff not real party in interest

Motion to dismiss on the ground that the pleading asserting the claim states no cause of action or failure to state cause of action

Failure to include name of a party in the title.

not fatal. Averments are controlling and not the title. Court goes into the substance of the complaint.

No indispensible party

Case will be dismissed

No indispensible party Case will be dismissed I will live my life to the fuNNiest. (BIARES,
No indispensible party Case will be dismissed I will live my life to the fuNNiest. (BIARES,

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Non joinder of IPs

 

1. court order them to be impleaded. 2. court order ignored. still not all are impleaded, case dismissed. Thus all court actions are null and void and will not bind strangers.

Failure to implead NP

 

Action will proceed. Judmenet valid but withour prejudice to right of such NP.

Court

ordered

NP

be

failure to comply: a waiver of claim against such party.

impleaded

 

Fact showing one’s capacity to sue or be sued must e averred.

Minor or incompetent may sue with parent/s/ guardian/ ad litem

Real party in interest -party who stands to be benefited or injured by the jdugement in the suit or party entitled to the avails of the suit. - interest must be “real”. Substantial interest. Interest that is material and direct. -determination of real party in interest requires going back to the elements of the coa. -GR: person who is not party to a contract can not sue by virtue thereof Exp:

a) pour autrui- stipulations expressly conferring benefits to a non-party may sue under a

contract provided,such benefits have been accepted by the beneficiary prior to its revocation by the contracting parties.

b) he shows that his interest is affected thereby. ( eg. in fraud of cds)

-

3 rd

party

to

an

amicable

settlement

can

not

ask

for

its

enforcement,

modification,

amendment.

 

Real-party-in-interest

Agency

A

mere agent can not sue on a contract entered into

in

behalf of his principal.

An agent, acting in his own name and for benefit of

unknown principal, may be sued. Except when it involves properties belonging to the principal. Atty-in-fact is not real party in interest

Possessor not the owner in a recovery of possession/ forcible entry.

Lawful possessor disturbed of his possession.

Damages arising from Deterioration to property

 

Owner

Corporate office illegally searched.

Corporation alone through officers. If officers refuse- corp may sue through STHs (latter as nominal party).

ejectment

Co-owners

Annulment of marriage

H

or W

Partnership

Partnership

Reversion of public lands

Person occupying the land

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-every action must be prosecuted and defended in the name of the real party in interest. - even if made in the name of a person in the representative capacity, the name of the beneficiary must be included in the title.

Real party in interest vs locus standi

rpii

Ls

Won party if benefited or injured

Right of appearance in a court of justice on a given question Private suits : rpii

Indispensible parties-

- a party who has such an interest in the controversy or subj matter that a final adjudication

cannot be made, in his absence, without injuring or affecting his interest, -a party who has not only an interest in the subj matter of the controversy, but also has an interest of such nature that a final decree cannot be made without affecting his interest or

leaving the controversy in such a condition that its final determination may be wholly inconsistent with equity and good conscience. -a person whose absence there cannot be a determination between the parties alredy before the court which is effective, complete, or equitable. -a rpii without whom no final determination can be had of an action. Without such, court decision can not attain real finality.

- one who must be included in an action before it may properly go forward.

-absent- case will be dismissed. -joinder of IP is mandatory. -Not IP: if his interest in the controversy is separable.

- not sufficient reason to declare a person to be IP that his presence will avoid multiple litigation.

- Compulsory joinder of IPs -Compulsory when the one involved is an indispensible party. - presence of all IPs is a condition sien qua non for the exercise of judicial power - not impleaded: not outright dismissal. 1. court order them to be impleaded (add or drop parties) . If court notices that IPs not impleaded at the course of the trial, it may suspend trial and order them to be impleaded. 2. court order ignored. still not all are impleaded, case dismissed. Thus all court actions are null and void and will not bind strangers. Ground for dismissal: failure to comply with court order.

IPs not impleaded  Necessary Parties
IPs not
impleaded
 Necessary Parties
No judicial power
No judicial
power

ALL court actions are null and void

- Action will proceed. Judmenet valid but withour prejudice to right of such NP.

Judmenet valid but withour prejudice to right of such NP. I will live my life to
Judmenet valid but withour prejudice to right of such NP. I will live my life to

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- duty of pleader if NP not impleaded:

a) set forth the name of said NP

b) state the reason why not impleaded. ( eg. NP outside jurisdiction)

- if reason is unmeritorious: court may order same to be imlpeaded.

- failure to comply: a waiver of claim against such party.

IPs

NPs

Indispensible parties must be joined

Necessary parties must be added whenever possible.

Mandatory

Permissive

Interest in subj matter is inseparable

Interest in subj matter is separable

Joined for case to proceed and for case not to be dismissed.

Joined to afford complete relief to already parties and avoid multiple suit.

If

not joined ALL court actions are null and

If not joined, court may decide and decision is without prejudice to the rights of necessary parties.

void

As applied:

Joint obligation

cd

may sue either or both for their share. Each db is necessary party

to each other’s case filed by cd against either.

Solidary obligation

cd

may sue against either or both for the whole.

Each db is not indispensible party to each other’s case filed by cd

against either. Solidarity does not make solidary obligor IP in a suit filed by cd.

A

owes B price of car. C

If B files, C and A are IPs. Ratio: B would have right to foreclose or reposses car withour

establishing that default of A unless the obli of A to B was assigned

sub A. No novation. B did not consent. C failed to pay car. Foreclosure/ replevin

to

C with the consent of B thereby novating the obli.

Property pendente lite

Transferee no IP because he is bound by any judgement.

Person in office

IP

in a case challenging his right to office

Reconveyance

of

Person against whom reconveyance is asserted if IP

property

Unwilling co-plaintiff - party who is supposed to be a plaintiff but whose consent to be joined as plaintiff cannot be obtained as when he refuses.

- He may be: a) made defendant and b)reason be stated.

Alternative defendants

- When plaintiff cannot definitely identify who among two or more persons should be impleaded as defendant, he may join all in the alternative, although the right of relief against one is inconsistent with another.

Misjoinder and non-joinder of parties

- Neither is a ground for dismissal of an action

of parties - Neither is a ground for dismissal of an action I will live my
of parties - Neither is a ground for dismissal of an action I will live my

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- Becomes ground for dismissal if court orders to drop/ joint but parties do not foolow. (Sec3, Rule 17, Roc)

Misjoinder

Non joinder

Person made a party to the action although he should not be impleaded

Party is not joined when he is supposed to be joined but is not impleaded.

- Rule presupposes that original inclusion or non-inclusion had been made in the honest conviction that it was proper and that it was a mistake. Not whimsical or irrational.

Unknown defendant

- Whenever the identity or name of the defendant is unknown, he may be sued as the unknown owner heir, devisee, other designation as the case may require

- When his identity is discovered- pleading must be amended accordingly.

Death of client -extinguishes the atty-client relationship. - dead client has no personality, cannot be represented by lawyer -does not automatically be lawyers of heirs UNLESS hired. - Duty of counsel: inform court within 30 days after such death. Mandatory. Failure to comply: ground for disciplinary action.

- Effect on case: court shall determine if such claim is extinguished.

If claim survives death

court shall order legal rep of the deceased to appear and be substituted for the deceased within 30 days from notice.

If does not survive

extinguish the action. Dismiss case.

If no heirs

court to appoint executor/admin administrator.

If heirs are minors or incap

court to appoint guardian ad litem

- Cases that survive death of party:

a) those arising from delicts

b) based on tortious death

c) recovery of real and personal prop, enforce lien, quieting title

d)ejectment case

e) recovery of money based on express/ implied contract. Judgement enforced against the

estate of deceased.

Substitution of dead litigant:

- Question: may opposing party procure appointment of an executor/ administrator for estate of deceased? Answer: Yes. In 2 situations,

1)

counsel for the deceased does not name a leg rep

2)

there is a rep named but he fails to appear within the specified pd

Opposing party will defray expenses but may recover.

- Present rule: heirs do not need to first secure appointment because from the moment of death, they step into the shoes of the deceased. Said heirs may elect among them

the shoes of the deceased. Said heirs may elect among them I will live my life
the shoes of the deceased. Said heirs may elect among them I will live my life

I will live my life to the fuNNiest. (BIARES, 2013) OOHlala: Only human. Open to constructive criticism. Hope this helps. lala

www.warlita.wordpress.com

- Service of summons is not required to effect a substitution. Instead, court orders their appearance.

- What effects substitution: order of substitution and its service Non-compliance: no jurisdiction over the person of the leg rep of heirs of the deceased. Trial infirm. But in ejection proceeding- failure to inform court, does not deprive court of jurisdiction. Decision in such is binding parties/ heirs/ defendant

- Formal substitution is not necessary when heirs themselves voluntary appeared in the action, participated therein and presented evidence in defense of deceased defendant.

Incompetency or incapacity of a party during the pendency of action- court ( upon motion) may allow its continuance provided it be with assistance of legal guardian.

Death

If claim survives death

court shall order legal rep of the deceased to appear and be substituted for the deceased within 30 days from notice.

If does not survive

extinguish the action. Dismiss case.

If no heirs

court to appoint executor/admin administrator.

If heirs are minors or incap

court to appoint guardian ad litem

Incompetency or incapacity

court ( upon motion) may allow its continuance provided it be with assistance of legal guardian.

Transfer of interest

Action maybe continued by original party UNLESS the court upon motion direct the transferee to be substituted or joined with original party.

Indigent parties -may be allowed as such when court authorizes him. -application and the hearing to litigate as an indigent litigant may be made ex parte. -if allowed: exempt from payment of docket fees, transcripts, notes. Such amount will be a lien on the judgment rendered UNLESS court provides otherwise.

Republic of the Philippines

- solicitor general can bring and defend actions on behalf of RP

- without SG; case be summarily dismissed.

- in criminal cases: shall be prosecuted under the direction and control of a public prosecutor.

Suit by or against spouses

- GR: sue and be sued jointly. Exp: cases provided by law ( eg. exclusive property of a sps)

cases provided by law ( eg. exclusive property of a sps) I will live my life
cases provided by law ( eg. exclusive property of a sps) I will live my life

I will live my life to the fuNNiest. (BIARES, 2013) OOHlala: Only human. Open to constructive criticism. Hope this helps. lala

www.warlita.wordpress.com

Liability of the spouse to cds for family expenses shall however, be solidary.

Class suit

- An action where one or more may sue for the benefit of all if the requisites for said action are complied with.

- Requisites:

a) subject matter: common or general interest to many persons

-not commonality in the questions of facts or law involved in the issue. But commonality in the subj matter ( physical things, personal/ real)

b) persons- too numerous that it is impracticable to join all as parties

c) parties actually before the court are sufficiently numerous and representative as to fully

protect the interest of all concerned.

d) the representative sue or defend for the benefit of all.

- No class suit:

- residents of a town where injured by gas leak of a plant. ( each must prove own injury)

- relatives of victims of a plane crash

-interests are conflicting:

- corporation to recover property of its members, owned in their personal capacity.

- recovery of portions of a property, as each could allege and prove their respective rights. No identical title.

- recover real property individually held.

- damages for personal reputation ( libelous article against individual sugar planters)

- Common and general interest in the environment.

- Derivative suit vs class suit

Derivative

Class

Filed by a STH in behalf of corp to protect the interest of the latter Asserted bec Bod failed to protect corp ( deliberate or otherwise)

An action where one or more may sue for the benefit of all if the requisites for said action are complied with.

Coa belongs to corp NOT sth

Coa belongs to members of class

belongs to corp NOT sth Coa belongs to members of class I will live my life
belongs to corp NOT sth Coa belongs to members of class I will live my life

I will live my life to the fuNNiest. (BIARES, 2013) OOHlala: Only human. Open to constructive criticism. Hope this helps. lala

www.warlita.wordpress.com

IV. Filing, Amendment and Dismissal by plaintiff

A. Filing of the complaint

Filing: act of presenting the original complaint to the coc personally or through registered mail. -Significance:

a) signifies commencement of the civil action,

b) acquisition of jurisdiction over the plaintiff

c) tolling the running of the prescription period.

Payment of docket fees

-

Vests jurisdiction too

-

Thus, it is required that amount of damages prayed for must be stated, otherwise the complaint shall be expunged from the record.

-