Remedial Law: Civil Procedure: Rule 1-7

CIVIL PROCEDURE Reviewer

RULE 1

PD 946- Rules of Court not applicable to agrarian cases, even in suppletory character.

Civil Action- is one by which a party sues another for the enforcement or protection of a right, or for the prevention or redress of wrong. (sec 3a par1)

Rule of Court Not Applicable to:
election cases
cadastral
naturalization
insolvency proceedings
other as provided except by analogy or in a suppletory

The court acquires jurisdiction over cases upon full payment of such prescribed docket fee. Any defect resulting to underpayment of docket fee cannot be cured by amendment (Manchester vs. CA), except (Sun Insurance vs. Asuncion)
when the filing of the initiatory pleading is not accompanied by payment of docket fee, the court may allow payment of the fee within the reasonable time but not beyond the applicable prescriptive or reglementary period.
the same rules applies to permissive counterclaims, third party claims, and other similar pleadings.
when the trial court acquires jurisdiction over a claim by the filing of appropriate pleading and filing of prescribed docket fee but subsequently the judgment award not specified in pleadings, or if specified the same has been left for the determination by the court, filing fee shall constitute a lien which shall be enforced and the additional fee assessed and collected by the clerk of court.

When the action involves accion publiciana and related claims for damages, legal fees shall be assessed on both the value of the property and damages sought. The court acquires jurisdiction upon filing of docket fee even though the related damages sought is unspecified.

Unless provided by law or required by public interest, before bringing an action in or resorting to the courts of justice, all remedies of administrative character should be first exhausted except:
the issue is purely legal one, and nothing of administrative nature is to be and can be done
insistence on its observance would result to nullification of the claim being asserted
the controverted act is patently illegal or was performed without or in excess of jurisdiction
respondent is a department secretary
there is a indication of urgency of judicial intervention
the rule does not provide an speedy and adequate remedy
there is a violation of due process
there is estoppel on the part of administrative agency.
there is irreparable injury
to require administrative exhaustion would be unreasonable
the subject matter is a private land in land case proceeding
the issue on administrative exhaustion has been rendered moot

The court has the power to suspend the rules whenever the end of justice requires. Justification for the court to restrict adherence to procedure in
in matters of life, liberty, honor or property
counsel’s negligence without any participatory negligence of the client
the existence of compelling or special circumstances
the evident merits of the case
a cause entirely attributable to the fault or negligence of the party favored by the suspension of the rules
lack of any showing that the review sought is merely prevolous and dilatory
the other party will not be unjustly prejudiced thereby


Rule 2

Every ordinary civil action must be based on a cause of action. (sec1)

Cause of action is the act or omission by which a party violates a right of another. (sec2)

A single act or omission, there is single cause of action regardless of the number of rights violated.

If two or more suits are instituted on the basis of single cause of action, the filing of one (litis pendencia) or judgment (res judicata) is a ground for dismissal of another.

Where the contract is to be performed periodically, as by installment, each failure to pay constitutes a cause of action and can be subject to separate suits or it can be included thru supplemental complaint. However upon complaint, there were several due installments, it is now subject to a single suit. (Larena vs. Villanueva)

Non-payment of a mortgage loan cannot be split by one for payment of the loan, and the other for forclosure, as it will constitute splitting of action.

A party in one pleading may assert s many causes of action against a party provided:
the party joining the causes of action shall comply with the rules on joinder parties.
the joinder shall not include special civil actions governed by special rules
where the causes of action pertains to different venues or jurisdiction, RTC may allow provided one of the causes of action falls within the jurisdiction of the court.
where the claims in all causes of action are principally for the recovery of money the aggregate amount claimed shall be the test of jurisdiction

Mis joinder of action is not a ground for dismissal of the action. It is on the motion of another party, be severed and be proceeded separately.

Rule 3

Only natural or juridical person, or entities authorized by law may be parties to civil actions (sec1)

Plaintiff- claiming party, counter-claimant, cross-claimant, third-party plaintiff.
Defendant- original defending party, defendant in a counterclaim, crossclaim or third-party defendant.

Estate of the deceased is authorized by law to be party in a case, labor union, Roman Catholic church, corporation.

An entity not registered may be sued to disclose its members, but cannot sue.

Real parties- who stand to be benefited or injured by the judgment, or the party entitled to avails of the suit.

An action brought not in the name of a party of real interest is a subject for dismissal on the ground of no cause of action.

Parties in interest:
indispensable party- those without whom no final determination can be had of an action
necessary party- those who are not indispensable party but ought to be parties if complete relief is to be accorded as to those already parties, or for complete determination or settlement of the claim
representative party-those allowed to be prosecuted or defended or someone acting on a fiduciary capacity. Ex. A guardian, executor, administrator
pro-forma party- those who are required to be joined. Ex. Spouses
Quasi-party- those in whose behalf a class or representative suit is brought

Permissive joinder of action requires that:
the right to relief arises out of the same transaction or series of transaction
there is a question of law or fact common to all plaintiff or defendants
such joinder in not otherwise proscribed by the provisions of the rules on jurisdiction and venue.

In the case of indispensable parties, the action cannot proceed unless all are joined. If an indispensable party is not impleaded, any judgment would have no effectiveness.

Necessary party may not be impleaded provided there is a reason for such non-inclusion. The court, if unmeritorious, may order the inclusion of necessary party to the suit. Non-inclusion of a necessary party is a waiver of a claim against such party.

Mis-joinder or non-joinder of a party is not a ground for dismissal. They may be dropped or be added upon motion of another party or on the courts initiative.

Class suit- whenever the subject matter is one of common or general interest to many people so numerous that it is impracticable to join all as parties, a number of them which the court finds to be sufficiently numerous and representative as to fully protect the interest of all concerned may sue or defend for the benefits of all. (Tax payer’s suit and stockholders derivative suit)

Alternative defendants- where the plaintiff is uncertain against who of several defendants he is entitled to relief, he may joined any or all of them in the alternative, although the relief against one may be inconsistent with the relief against the other.

Death of party: the counsel should inform the court in 30 days after death of such death. Heirs may be allowed to substitute without requiring appointment of executor or administrator; the court may appoint guardian ad litem for the minor heirs.
The court shall require the representatives to appear in 30 days after notice. Upon failure to appear, the court may order the opposing party to procure an executor or administrator for the estate of the deceased. (sec16)

Actions that survives:
action to recover real and personal property against the estate
actions to enforce liens thereon
actions to recover for an injury to person or property by reason of tort or delict committed by the deceased

Actions instituted by public officers shall only survive if the successor maintains or continues such suit.

Actions on contractual money claims survive even upon death of a party during the pendency of the action. Favorable judgment shall be part of the estate of the deceased.

An indigent party is exempted from payment of docket fee and other lawful fees, and transcripts of stenographic notes. The amount of the docket fee which the indigent is exempted from paying shall be a lien on any judgment rendered in the case favorable to the indigent, unless the court otherwise provides.
An adverse party may contest the grant of such authority at any time before the judgment is rendered by the trial court. If the court should find that the indigent is in fact is a person of sufficient income or property, the proper docket fee shall be assessed and be collected by the clerk of court. (pauper litigant or in forma pauperis)(sec21)


Rule 4

Real actions- actions affecting title to or possession of real property, or interest therein shall be commenced and tried with proper court with jurisdiction over the area where the property or part of it is situated. Forcible entry and unlawful detainer shall be subject to MTC exclusive an original jurisdiction where the property is situated.

Personal action- all other actions shall be instituted where the plaintiff resides or where the defendant resides at the plaintiff’s election.

Real Action:
annulment or recession of sale and the return pf realty
to compel the vendor to accept payment of the purchase price of the land
to compel the vendor to deliver the certificate of title to the land
action by the land owner against the subdivision developer for the recession and termination of their contract and the return to the plaintiff of all the documents and titles, with damages by reason of defendant’s contractual breach, since the relief sought is necessary entail the recovery of possession land

Personal action:
action to recover the purchase price of land or for recovery against the assurance fund.
action for annulment of the cancellation of the award of a lot in favor of plaintiff, which he was prepared to pay for pursuant to an award
an action for the review of an administrative decision involving real property
matter in dispute is a fishpond permit
right to a timber concession
an action to compel the mortgagee to accept payment and for the consequent cancellation of a real estate mortgage

Venue for ejectment cases may be changed by written agreement.

The rule on venue does not apply when:
where a specific rule or law provides otherwise
where the parties validly agree on writing before the filing of the action (sec4)

It is fundamental in law governing venue of actions that the situs is fixed to attain the greatest convenience possible to the litigants by taking to consideration the maximum accessibility to them of the court of justice.

The court may declare the agreement on venue as contrary to public policy if such stipulation unjustly denies a party a fair opportunity to file suit in the place designated by the rules.

Rule 5

Revised Rules on Summary Procedure
(MTC)

All cases of forcible entry and unlawful detainer, irrespective of the amount of damage or unpaid rentals sought to be recovered. Where attorney’s fees shall not exceed 20,000.

All other cases where the total amount of claim does not exceed 100,000, or 200,000 in Metro Manila, exclusive of interest and costs.

Allowed pleading (all other pleading are prohibited except motion to dismiss on the ground of lack of jurisdiction):
complaints
compulsory counterclaims
cross-claims
answers thereto

Answer to complaint, counterclaims and cross-claim shall be filed in 10 days after service of summons.

Not later than 30 days, preliminary conference shall be conducted. Failure to appear by plaintiff shall be a cause for the dismissal of action. Defendant who appears in the absence of plaintiff shall be entitled to judgment on his counterclaim. All cross-claim shall be dismissed.

Rule 6

Pleadings are the written statements of the respective claims and defenses of the parties submitted to the court for appropriate judgment. (sec1a)

Complaint- Answer- Reply

Complaint- is the pleading alleging the plaintiff’s cause or causes of action

Answer- is a pleading in which a defending party sets forth his defenses.

Defenses

Negative defense- is the specific denial of material fact/s alleged in the complaint essential to his cause/s of action.
Affirmative Defense- is an allegation of a new matter which while hypothetically admitting the material allegations would nevertheless prevent or bar recovery by him. Ex. Fraud, statute of limitation, release, payment, illegality, statute of frauds, estoppel, fromer recovery, discharge in bankruptcy, and any other matter by way of confession and avoidance.

Counterclaim- is any claim which a defending party may have against an opposing party.

Compulsory counterclaim (recoupment) is one which arises out of or is connected with the transaction or occurrence constituting the subject matter of the opposing parties claim and does not require for its adjudication the presence of the third party of whom the court cannot acquire jurisdiction.

Compulsory counterclaim is allowed regardless of the amount involved therein.

Permissive counterclaim (set-off) does not arise out nor it is necessary connected with the subject-matter of the opposing party’s claim.

Even the counterclaim arises out of the subject matter but not within the jurisdiction of the regular courts of justice, it is only considered permissive counterclaim and is not barred even if not set up in the action

Where the counterclaim or cross-claim has already existed at the time the defendant filed an answer but was not set up through oversight, inadvertence, or excusable neglect, or when justice so requires, the same may be set up by filing an amended complaints.

Counterclaim or cross-claim maybe answered within 10 days.

Cross-claim- is any claim by one party against a co-party arising out of the transaction or occurrence that is the subject matter either of the original action or of a counterclaim therein.

Reply- is a pleading, the office or function of which is to deny, or allege facts in denial or avoidance of new matters alleged by way of defense in the answer and thereby join or make issue to such new matters.
Third (etc)-party complaint- is a claim that a defending party may, with leave of court, file against a person not a party to the action, called the third-party defendant, for contribution, indemnity, subrogation or any other relief, in respect with his opponent’s claim.

Rule 7

Parts of Pleading
caption
the body
2.a paragraphs
2.b heading
2.c relief
2.d date
Signature and address
verification
certification of non-forum shopping