CIVIL PROCEDURE – LECTURE NOTES 3.

Jurisdiction over the subject matter

Jann Claudine M. Amago 2-A  Conferred by law and the constitution
 Determined by the ALLEGATIONS in the COMPLAINT/ PETITION
The 1997 Rules of civil procedure includes: 4. Jurisdiction over the issues of the case
a. Ordinary civil actions  Determined by the pleadings submitted by the parties before the court.
b. Special civil actions 5. Jurisdiction over the res
c. Provisional remedies  Acquired by the actual or constructive seizure of the thing which is the
subject matter of the case.
1. Jurisdiction *If ALL requisites are present, the court can proceed in trying the case.

a. Jurisdiction and venue distinguished e. There are instances wherein a court can still try a case even without acquiring jurisdiction
over the parties as long as it acquires jurisdiction over the res. When? (p. 9,Regalado)
JURISDICTION VENUE  Actions in rem affecting real actions and the personal status of the plaintiff
 It is the authority of the court to  It is the place where a case is to  Non-resident defendants by filing a motion to allow service of summons thru
hear, try and decide a case. be tried. publication to satisfy the requirement of due process.
 It is conferred by law and the  It may be subjected to the
constitution (B.P. 129 & R.A. no. agreement of the parties.
7691) RULE 1 – GENERAL PROVISIONS
 It is a matter of substantive law  It is a matter of substantive law.
 Determines the relations between 1. When will a civil action commence? (Section 5)
 Determines the relations between
the court and the subject matter. the plaintiff and the defendant or  A civil action is commenced by the filing of the original complaint in court. If an
the petitioner and respondent. 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.
b. Doctrine of continuity of jurisdiction
 Once the court acquires jurisdiction, it continues to have jurisdiction over the case until
2. Is the rule applicable to special proceedings? (Section 3)
it is finally disposed of.
 These Rules shall govern the procedure to be observed in actions, civil or criminal
and special proceedings.
c. Doctrine of primary jurisdiction
 Cases not within the jurisdiction of courts but within the jurisdiction of administrative
3. How are the rules applied? (Section 5)
agencies that is better equipped.
 These rules shall be liberally construed in order to secure their objective of
promoting a just, speedy and inexpensive disposition of every action or
*GENERAL RULE: Jurisdiction may be raised at any stage of the proceeding even for the first time on
proceeding.
appeal
*EXCEPTION: Tijam vs. Sibonghanoy, the party in the case never raised the issue of jurisdiction despite  EXCEPTION: Reglamentary periods are strictly applied
several opportunities to do so. The court did not allow the party to question the jurisdiction because of
4. Filing of complaint may be:
the principle of estoppel. (p.13, Regalado)
a. Personally
b. Registered mail
d. Requisites for the exercise of jurisdiction:
 If thru a government carrier - date of sending = date of filing
1. Jurisdiction over the person of the plaintiff or petitioner  If thru a private carrier – date of receipt = date of filing
 Acquired by the filing of a complaint, petition or initiatory pleading by the
plaintiff or petitioner before the court. 5. Payment of docket fees for acquisition of jurisdiction
2. Jurisdiction over the person of the defendant or respondent  GENERAL RULE: Filing of the complaint must be accompanied with the appropriate
 By voluntary appearance r submission to the court. docket fees for the court to acquire jurisdiction over the case and once the filing
fees are paid, the case is deemed filed. (Ballatan vs CA)
 By coercive process thru the service of summons
*Question: Does filing of a motion to dismiss tantamount to voluntary appearance?  However, the rule has been relaxed. The court may allow the party to pay within
reasonable time provided that it is within the reglamentary period provided by law
 IT DEPENDS. If it is anchored on the fact that the court has no jurisdiction
and the party has the intention to pay barring prescription.
over his person, it is not voluntary submission but if there are grounds
alleged other than jurisdiction, it is tantamount to voluntary submission to
the court.
RULE 2 – CAUSE OF ACTION
1
 4. Rule in filing civil cases (Section 2)
1. Requisites of a cause of action  Unless otherwise provided by law or rule, every action must be prosecuted and
a. Plaintiff’s right defended in the name of the real party in interest
b. Correlative obligation of the defendant  Real party in interest – the party who stands to be benefited or injured by the
c. Act or omission committed by the defendant in violation of the plaintiff’s right judgment in the case or the party entitled to the avails of the suit.
 REMEDY: File a motion to dismiss if the suit is not in the name of the real party in
2. First rule regarding cause of action (Section 3&4) interest for lack of a cause of action
 NO SPLITTING OF A CAUSE OF ACTION
 A party may not institute more than one suit for a single cause of action 5. Classification of parties (Section 7&8)
a. Indispensible party - A party without whom no final determination can be had of an
action
 If two or more suits are instituted on the basis of the same cause of action, the
An action cannot proceed without impleading them otherwise the judgment is without
filing of one or a judgment upon the merits in any one is available as a ground for
effect.
the dismissal of the others
b. Necessary party - Not indispensible but who ought to be joined as party to accord
 Example: non-payment of loan – foreclosure&collection of sum of money
complete relief to those already parties for the complete determination and settlement
 REMEDY: File a motion to dismiss on the ground of litis pendentia or if the case is
of a claim which is the subject matter of an action.
already terminated, res judicata.
c. Representative party(Section 3)
d. Proforma party - Parties who must be joined in accordance with the law. Husband and
3. Joinder of cause of action (Section 5) wife except if it involves the personal property of either spouse. If not complied with, it
 A party may in one pleading assert, in the alternative or otherwise, as many causes would not affect the validity of the complaint
of action as he may have against an opposing party, subject to the following e. Quasi party - A party in whose behalf a class suit is instituted
conditions:
i. The party joining the causes of action shall comply with the rules on joinder 6. Permissive joinder of parties (Section 6)
of parties;  NEVER apply to indispensible and necessary parties (COMPULSORY)
ii. The joinder shall not include special civil actions or actions governed by  Requisites:
special rules; a. Right to relief must arise out of the same transaction or series of
iii. Where the causes of action are between the same parties but pertain to transactions
different venues or jurisdictions, the joinder may be allowed in the Regional b. There must be a question of fact or law common to all parties
Trial Court provided one of the causes of action falls within the jurisdiction of c. Must not be proscribed by the rules on jurisdiction or venue
said court and the venue lies therein; and
iv. Where the claims in all the causes action are principally for recovery of 7. Class suit (Section 12)
money, the aggregate amount claimed shall be the test of jurisdiction.   Subject matter of the controversy is one of common or general interest to many
persons so numerous that it is impracticable to join all as parties, a number of
4. Misjoinder of cause of action (Section 6) them which the court finds to be sufficiently numerous and representative as to
 Misjoinder is not a ground to dismiss an action. A misjoined cause of action may fully protect the interests of all concerned may sue or defend for the benefit of all.
upon motion or motu proprio by the court be severed and proceeded with Any party in interest shall have the right to intervene to protect his individual
separately. interest.
 Best example: tax payers suit
RULE 3 – PARTIES TO A CIVIL ACTION  The complaint must state that it is a class suit
 In case of conflict of interest, the suit will not prosper.
1. Who may be parties to a civil action? (Section 1)
a. Natural persons
b. Juridical persons 8. Death of a party (Section 16)
c. Entities authorized by law  Presupposes that the action survives or is not extinguished
 Cases that survive:
2. Can an estate of a deceased person be sued? a. Action to recover real or personal property
 YES. The estate of a deceased person falls under the category of entities b. Action to enforce lien thereon
authorized by law. However, the heirs are more preferred. c. Action to claim damages arising from injury to person or property
a. What should be included in the notice?
3. Who are juridical persons?  Name and addresses of the parties
 Created by law

2
 b. Is there amendment? RULE 5 – UNIFORM PROCEDURE IN TRIAL COURTS
 NO AMENDMENT OR SERVICE OF SUMMONSES. Only order of
substitution informing the heirs of the deceased if they are willing PECULIAR FEATURES
to substitute the deceased party within 30 days.
Rules on summary procedure
c. What if the heirs are unwilling?
 The court may order the opposing party within a specific period to 1. Cases covered
procure the appointment of an executor or administrator for the (1)  All cases of forcible entry and unlawful detainer, irrespective of the amount of damages
estate of the deceased who must immediately appear and or unpaid rentals sought to be recovered. Where attorney's fees are awarded, the same shall
substitute the deceased party. not exceed twenty thousand pesos (P20,000.00).
 Expenses mus be defreayed by the opposing party. (2)  All other civil cases, except probate proceedings, where the total amount of the plaintiff's
claim does not exceed ten thousand pesos (P100, 000.00), exclusive of interest and costs.
9. Money claims (Section 20)
 When the action is for recovery of money arising from contract, express or 2 .Filing of answer within 10 days
implied, and the defendant dies before entry of final judgment in the court in 3. Prohibited pleadings
which the action was pending at the time of such death, it shall not be dismissed (a)  Motion to dismiss the complaint or to quash the complaint or information EXCEPT on the
but shall instead be allowed to continue until entry of final judgment. A favorable ground of lack of jurisdiction over the subject matter, or failure to comply with the
judgment obtained by the plaintiff therein shall be enforced in the manner preceding section;
especially provided in these Rules for prosecuting claims against the estate of a (b)  Motion for a bill of particulars;
deceased person. (c)  Motion for new trial, or for reconsideration of a judgment, or for opening of trial;
 PURE MONEY CLAIMS ONLY (d)  Petition for relief from judgment;
(e)  Motion for extension of time to file pleadings, affidavits or any other paper; chanrobles
virtual law library
RULE 4 – VENUE OF ACTIONS (f)  Memoranda;
(g)  Petition for certiorari, mandamus, or prohibition against any interlocutory order issued by
1. Venue of real actions (Section 1) the court;
 Where the property is situated (h)  Motion to declare the defendant in default; chanrobles virtual law library
 The assessed value must be determined (MTC/RTC) (i)  Dilatory motions for postponement;
 Example: surrender of title, reconstitution, issuance of a new title (j)  Reply;
 NOTE: examine both allegations in the complaint and prayer (k)  Third party complaints;
(l)  Interventions.
2. Is residence the same with domicile?
 NO. Residence is where the party actually resides at the time of the institution of 4.Preliminary conference
the action. (a)  Whether the parties have arrived at an amicable settlement, and if so, the terms thereof;
(b)  The stipulations or admissions entered into by the parties;.
3. Venue of personal actions (Section 2) (c)  Whether, on the basis of the pleadings and the stipulations and admissions made by the
 All other actions may be commenced and tried where the plaintiff or any of the parties, judgment may be rendered without the need of further proceedings, in which event
principal plaintiffs resides, or where the defendant or any of the principal the judgment shall be rendered within thirty (30) days from issuance of the order;
defendants resides, or in the case of a non-resident defendant where he may be (d)  A clear specification of material facts which remain controverted; and   (e)  Such other
found, at the election of the plaintiff. matters intended to expedite the disposition of the case.

4. Venue for non-resident defendants (Section 3) 5.Submission of affidavits and position paper
 If any of the defendants does not reside and is not found in the Philippines, and  In lieu of direct testimonies
the action affects the personal status of the plaintiff, or any property of said  No trial, only clarificatory hearing
defendant located in the Philippines, the action may be commenced and tried in 6.Appeal
the court of the place where the plaintiff resides, or where the property or any  Appeal to the RTC
portion thereof is situated or found. 

5. Not applicable (Section 4)

(a) In those cases where a specific rule or law provides otherwise; or
(b) Where the parties have validly agreed in writing before the filing of the action on the
exclusive venue thereof. 
3
RULE 6 – KINDS OF PLEADINGS  A 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
1. Is motion to dismiss a pleading? thereby join or make issue as to such new matters. If a party does not file such
 NO. it is not included it section 2 of Rule 6. reply, all the new matters alleged in the answer are deemed controverted.
 The claims of a party are asserted in a complaint, counterclaim, cross-claim, third  If a party does not file a rely to the answer, the issues are deemed joined upon
(fourth, etc.)-party complaint, or complaint-in-intervention. filing of the answer.
 The defenses of a party are alleged in the answer to the pleading asserting a claim  EXCEPTIONS:
against him. a. Allegations on usury
 Reply b. Actionable document

2. What is a complaint? (Section 3)

 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. 

3. Answer (Section 4&5)

 The answer is a pleading on which the defending party sets forth his defenses.
 Defenses may either be:
(a) A negative defense is the specific denial of the material fact or
facts alleged in the pleading of the claimant essential to his cause
or causes of action.
(b) An affirmative defense is an allegation of a new matter which,
while hypothetically admitting the material allegations in the
pleading of the claimant, would nevertheless prevent or bar
recovery by him. The affirmative defenses include fraud, statute
of limitations, release, payment, illegality, statute of frauds,
estoppel, former recovery, discharge in bankruptcy, and any other
matter by way of confession and avoidance.
 NOTE: If a defense is neither affirmative nor negative, it is deemed an admission.
 EXCEPTIONS:
a. Amount of unliquidated damages
b. Conclusions in a pleading
c. Non material allegations
 Answer is NOT compulsory

4. Negative pregnant rule

 Mere repetitions in the allegations in the complaint
 Form of denial which involves an affirmative implication favourable to the
opposing party.
 Not a good denial
 Deemed an admission on the part of the defendant

6. Counterclaim (Section 6&7)

 May either be:
a. Permissive – not barred; “set off”
b. Compulsory – barred “recoupment”
 Where lies the difference? If it arose out of or is connected to the transaction or
occurrence constituting the subject matter of the opposing party’s claim.

7. Cross claim (Section 8)

 Filed by a party against a co-party

8. Reply (Section 10)

4