Civil Procedure – Riano Reviewer 2013400059 1

Chapter 1 - if there is a cause of action, lawyer starts the preparation of the

General Principles
I. Introduction to Ordinary Civil Actions
1. Complaint
- Filing of a complaint gives life to procedural rules and triggers
their application which civil action is commenced
- First pleading filed with the court by the party called the
plaintiff
- Primary purpose of pleading: sue another for the enforcement
or protection of a right or prevention of a wrong
- Means by which the plaintiff apprises the adverse party, called
the defendant, of the nature and basis of the claim
A. Right of action and cause of action
complaint.
- Before doing so, the lawyer should determine the court that
should take cognizance of the action
- Filing in the wrong jurisdiction: ground for dismissal of
complaint either upon proper motion by adverse party or upon
court’s own motion (motu propio)
- Jurisdiction over the subject matter: not found in the ROC
because it is a matter of substantive law and not procedural
C. Venue
- court with the appropriate jurisdiction having been
determined, counsel, then goes on to determine the place
where the action is to be filed.
-

Right of Action Cause of Action

Right to file a suit Refers to an act or omission by
which a party violates the rights of
another
Procedural in character Substantive law applies legal basis
for cause of action
Consequence of the violation of Involves right of a plaintiff and a
the right of the plaintiff violation of this right by the
defendant
No right of action where there is no cause of action.

- Even if plaintiff has a legitimate cause of action he is precluded

by the Rules of Court from instituting more than one suit for a
single cause of action.
- Cannot split a single cause of action into several parts and
make each part the subject if a separate complaint

B. Jurisdiction