Вы находитесь на странице: 1из 2



Section 5. Commencement of action. – A civil action is commenced by the filing of the original complaint in
court. If an additional defendant is impleaded in a later pleading, the action is commenced with regard to him on
the dated of the filing of such later pleading, irrespective of whether the motion for its admission, if necessary, is
denied by the court. (6a)


Section 1. Ordinary civil actions, basis of. — Every ordinary civil action must be based on a cause of action. (n)

Section 2. Cause of action, defined. — A cause of action is the act or omission by which a party violates a right
of another. (n)

Section 4. Splitting a single cause of action; effect of. — If two or more suits are instituted on the basis of the
same cause of action, the filing of one or a judgment upon the merits in any one is available as a ground for the
dismissal of the others. (4a)

Section 6. Misjoinder of causes of action. — Misjoinder of causes of action is not a ground for dismissal of an
action. A misjoined cause of action may, on motion of a party or on the initiative of the court, be severed and
proceeded with separately. (n)


Section 1. Who may be parties; plaintiff and defendant. — Only natural or juridical persons, or entities authorized
by law may be parties in a civil action. The term "plaintiff" may refer to the claiming party, the counter-claimant,
the cross-claimant, or the third (fourth, etc.) — party plaintiff. The term "defendant" may refer to the original
defending party, the defendant in a counter-claim, the cross-defendant, or the third (fourth, etc.) — party
defendant. (1a)

Section 2. Parties in interest. — A real party in interest is the party who stands to be benefited or injured by the
judgment in the suit, or the party entitled to the avails of the suit. Unless otherwise authorized by law or these
Rules, every action must be prosecuted or defended in the name of the real party in interest. (2a)

Section 4. Spouses as parties. — Husband and wife shall sue or be sued jointly, except as provided by law. (4a)

Section 5. Minor or incompetent persons. — A minor or a person alleged to be incompetent, may sue or be sued
with the assistance of his father, mother, guardian, or if he has none, a guardian ad litem. (5a)

Section 8. Necessary party. — A necessary party is one who is not indispensable but who ought to be joined as
a party if complete relief is to be accorded as to those already parties, or for a complete determination or settlement
of the claim subject of the action. (8a)


Section 1. Venue of real actions. — Actions affecting title to or possession of real property, or interest therein,
shall be commenced and tried in the proper court which has jurisdiction over the area wherein the real property
involved, or a portion thereof, is situated.

Forcible entry and detainer actions shall be commenced and tried in the municipal trial court of the municipality
or city wherein the real property involved, or a portion thereof, is situated. (1[a], 2[a]a)

Section 2. Venue of personal actions. — All other actions may be commenced and tried where the plaintiff or
any of the principal plaintiffs resides, or where the defendant or any of the principal defendants resides, or in the
case of a non-resident defendant where he may be found, at the election of the plaintiff. (2[b]a)

Section 3. Venue of actions against non-residents. — If any of the defendants does not reside and is not found in
the Philippines, and the action affects the personal status of the plaintiff, or any property of said defendant located
in the Philippines, the action may be commenced and tried in the court of the place where the plaintiff resides, or
where the property or any portion thereof is situated or found. (2[c]a)

Section 1. Pleadings defined. – Pleadings are the written statements of the respective claims and defenses of the
parties submitted to the court for appropriate judgment

Section 3. Complaint. — The complaint is the pleading alleging the plaintiff's cause or causes of action. The
names and residences of the plaintiff and defendant must be stated in the complaint. (3a)


Section 11. Allegations not specifically denied deemed admitted. — Material averment in the complaint, other
than those as to the amount of unliquidated damages, shall be deemed admitted when not specifically denied.
Allegations of usury in a complaint to recover usurious interest are deemed admitted if not denied under oath.
(1a, R9)


Section 1. Motion defined. — A motion is an application for relief other than by a pleading. (1a)

Section 2. Motions must be in writings. — All motions shall be in writing except those made in open court or in
the course of a hearing or trial. (2a)

Section 3. Contents. — A motion shall state the relief sought to be obtained and the grounds upon which it is
based, and if required by these Rules or necessary to prove facts alleged therein, shall be accompanied by
supporting affidavits and other papers. (3a)

Section 5. Notice of hearing. — The notice of hearing shall be addressed to all parties concerned, and shall specify
the time and date of the hearing which must not be later than ten (10) days after the filing of the motion. (5a)


Section 1. When interpleader proper. — Whenever conflicting claims upon the same subject matter are or may
be made against a person who claims no interest whatever in the subject matter, or an interest which in whole or
in part is not disputed by the claimants, he may bring an action against the conflicting claimants to compel them
to interplead and litigate their several claims among themselves. (1a, R63)