Professional Documents
Culture Documents
Civ Pro 1
Civ Pro 1
REMEDIAL LAW
Bustos vs. Lucero
G.R. No. L-2068 [1948]
SC: It is a branch of law that prescribes the methods of enforcing rights and obligations created
by substantive law. It provides a procedural system for obtaining redress for the invasion of
rights and violations of duties. It also prescribes rules as to how suits are filed, tried and decided
upon by the courts.
CIVIL PROCEDURE
· Provides for the manner by which civil claims are prosecuted, from filing to trial, judgment,
appeals and executions.
· Civil Procedure is covered by Rules 1 to 56.
· Other portions of the Rules of Court pertain to:
a. Provisional Remedies
b. Special Civil Actions
c. Special Proceedings
d. Evidence
e. Admission, Disbarment or Discipline of Judges
COURT
Q: What is a Court?
A: Is an entity or body vested with a portion of judicial power (Lontoc vs. Battung, 63 Phil. 1054)
A: This is because the Constitution provides that "the judicial power shall be vested in one
Supreme Court and in such other lower courts as may be established by law." (Art. VIll, Section
1, 1987 Constitution).
CLASSIFICATION OF COURTS
Courts may be classified as:
1. Superior and Inferior (First-level Courts)
2. Courts of Original Jurisdiction and Courts of Appellate Jurisdiction
3. Civil Courts and Criminal Courts
4. Courts of Laws and Courts of Equity
5. Constitutional Courts and Statutory Courts
JURISDICTION
Jurisdiction - is derived from two Latin words "Juris"' (law) and "Dico (to speak or say)." "/
speak by the law." The power of the court to hear, try and decide a case. In its complete aspect,
jurisdiction includes not only the powers to hear and decide a case but also the power to
enforce the judgment (14 Am. Jur. 363-364)
A: It has no power or authority to try a case. Without jurisdiction, the trial is null and void as well
as the Judgment.
TYPES OF JURISDICTION
1. Original vs. Appellate
2. General vs. Special
3. Exclusive vs. Concurrent
· Courts which take cognizance of all · Those which can take cognizance of
cases, civil or criminal, of a particular special jurisdiction for a particular
nature, or courts whose judgment are purpose, or are clothed with special
conclusive until modified or reversed powers for the performance of specified
on direct attack, and which are duties, beyond which they have no
competent to decide on their own authority of any kind.
jurisdiction.
Gen. Rule: A law enacted during the pendency of a case which transfers jurisdiction to another
court does not affect cases prior to its enactment.
Exceptions:
1. When the new law expressly provides for retroactive application
2. When the change of jurisdiction is curative in character (Vda. De Ballesteros vs. Řural Bank
of Canaman, G.R. No. 176250, 2010)
Gen. Rule: Jurisdiction over the subject matter is conferred by law and cannot be acquired by
agreement of the parties, waiver or failure to object to the same. When the court has no
jurisdiction, it has the power to dismiss the case.
Exception: When there is estoppel by laches as laid down in Tjiam vs. Sibonghanoy (April 15,
1968)
Rule: Jurisdiction over the subject matter can be raised at any stage of the proceeding even for
the first time on appeal.
Q: How does the court acquire jurisdiction over the person in civil cases?
A: It depends on the party. If it is the plaintiff, it is acquired from the moment he files a complaint
(MRR Co. vs. Attorney-General, 20 Phil. 253) If it is the defendant, it is acquired (1) upon
service on him of coercive process in the manner provided by law, or (2) by his or her voluntary
submission to the jurisdiction of the court.
Q: A and B quarreled about a piece of land. What is the res of the case?
A: The land
Q: C is an illegitimate child. She filed a case against her father for compulsory
recognition. What is the res?
A: The status of C.
Jurisdiction over the res - is that acquired by the court over the property or thing in
contest, and is obtained by seizure under legal process of the court whereby it is held to abide
such order as the court may make.
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 a decision
Q: How is it acquired?
A: It is acquired after the defendant has filed an answer.
Venue Jurisdiction
May be waived 4
Cannot be waived
HIERARCHY OF COURTS
Supreme Court
I
Court of Appeals
I
Regional Trial Courts
I
MeTCs/MTCs/MTCCs/MCTCs
a. Regular Courts
b. Special Courts
c. Quasi-Courts
i. Constitutional Commissions
ii. Quasi-Judicial Agencies
iii. Others
REGULAR COURTS
A. Trial Courts
i. MeTCS/MTCIMTCC and MCTC
ii. Regional Trial Courts*
B. Appellate Courts
i. Court of Appeals
ii. Supreme Court
SPECIAL COURTS
1. Court of Tax Appeals (R.A. 1125)
2. Sandiganbayan (P.D. 1486, as amended)
3. Shari'a District Courts and Shari'a Circuit Courts (P.D. 1083)
4. Family Courts
QUASI-COURTS
A. Constitutional Commissions
1. Civil Service Commission
2. Commission on Elections
3. Commission on Audit
B. Quasi-Judicial Agencies
1. Civil Service Commission
2. Central Board of Assessment Appeals (Appeals on property assessments by LGUs)
3. Securities and Exchange Commission (SEC) (registration of corporations)
4. Office of the President
5. Land Registration Authority
6. Social Security Commission
7. Civil Aeronautics Board
8. Intellectual Property Office (Patents and Trademarks)
9. National Electrification Administration
10. Energy Regulatory Board
11. National Telecommunications Commission
12. Department of Agrarian Reform (Tenancy and land distribution)
13. Government Service Insurance System
14. Employees Compensation Commission
15. Insurance Commission
16. Philippine Atomic Energy Commission
17. Board of Investments
18. Construction Industry Arbitration Commission
19. Ombudsman
20. National Labor Relations Commission
21. Bureau of Immigration
22. Housing Land Use and Regulatory Board/Department of Human Settlements and Urban
Development
23. National Commission on Indigenous People
C. Others
1. National Police Commission
2. Bureau of Jail Management and Penology
3. Professional Regulation Commission
4. Department of Trade and Industry
5. Bureau of Mines
QUASI-JUDICIAL AGENCY
United Coconut Planters Bank vs. E. Ganzon, Inc.
591 SCRA321
SC: A quasi-judicial agency is an organ of the government other than a court and other than
legislature, which affects the rights of private parties either through adjudication or rule-making.
SUPREME COURT
Jurisdiction of the Supreme Court
a. Original
i. Original and Exclusive
ii. Original and Concurrent
b. Appellate
b. All cases involving the legality of any tax, impost assessment, or toll, or
any penalty imposed in relation thereto.
3. Commission on Audit
4. Sandiganbayan
5. Court of Tax Appeals
Note: For a petition for writ of habeas data, the action may be fled with the
Sandiganbayan when the action concerns public data files of government offices.
Note: Under RA. 10660. the Sandiganbayan has jurisdiction in criminal cases involving
officials of the diplomatic service occupying the position of consul and higher.
a. Appeals from the RTC, in the exercise of its original jurisdiction, involving
pure questions of law;
i. Court of Appeals
ii. Court of Tax Appeals, en banc; and
iii. Sandiganbayan
3. Special Civil Action of Certiorari within thirty (30) days [Rule 64]
1. Commission on Elections;
2. Commission on Audit
a. Whenever the CA finds that the penalty of death should be imposed, the CA
shall render judgment but refrain from making an entry of judgment and
forthwith certify the case and elevate its entire record to the Supreme Court
for review.
b. Where the judgment of the CA also imposes a lesser penalty for offenses
committed on the same occasion or which arose out of the same
occurrence that gave rise to the more severe offense for which the penalty
of death is imposed, and the accused appeals, the appeal shall be included
in the case certified for review to the Supreme Court.
c. Whenever the Sandiganbayan, in the exercise of its original jurisdiction,
imposes the death penalty, the records of the case, together with the
stenographic notes, shall be forwarded to the SC for automatic review and
judgment.
COURT OF APPEALS
A. Original and Exclusive
Actions for Annulment of Judgments of the RTC on the grounds of extrinsic fraud and
lack of jurisdiction.
C. Appellate Jurisdiction
1. Regular
Appeals from RTC in the exercise of its appellate jurisdiction
2. Special
i. Appeals from CSC
ii. Appeals from Quasi-Judicial Agencies:
a. SEC
b. Office of the President
c. Land Registration Authority
d. Social Security Commission
e. Civil and Aeronautics Board
f. Intellectual Property Office
g. National Electrification Administration
h. Energy Regulatory Commission
i. National Telecommunications Commission
j. DAR under RA 6657
k. GSIS
l. Employees' Compensation Commission
m. Insurance Commission
n. Philippine Atomic Energy Commission
o. Board of Investments
p. Construction Industry Arbitration Commission
q. Voluntary Arbitrators authorized by law
r. Ombudsman in administrative disciplinary cases
s. National Commission on Indigenous Peoples
Note: Judgments and final orders of the CTA en banc are now appealable to the SC through a
petition for review under Rule 45, pursuant to RA 9282
Other Cases:
a. Actions for recognition and enforcement of an arbitration agreement or for vacation, setting
aside, correction or modification of an arbitral award, and any application with a court for
arbitration assistance and supervision.
B. Appellate Jurisdiction
Cases decided by the MeTC, MTC, MTCC and MCTC in their respective territorial
jurisdiction.
C. Special Jurisdiction
The SC may designate certain branches of the RTC to handle exclusively criminal
cases, juvenile and domestic relations cases, agrarian cases, urban land reform cases which do
not fall under the jurisdiction of quasi-judicial bodies and agencies, and/or such other special
cases as the SC may determine in the interest of a speedy and efficient administration of justice.
FAMILY COURTS
Original and Exclusive Jurisdiction
1. Criminal cases where one or more of the accused is 15 to less than 18 years old, or
where one or more of the victims is a minor at the time of the commission of the offense.
2. Petitions for Guardianship, Custody of Children, Habeas Corpus in relation to the
latter.
3. Petition for Adoption of Children or Revocation thereof.
4. Complaints for Annulment of Marriage, Declaration of Nullity of Marriage and those
relating to marital status and property relations of husband and wife, or those living with together
under different status and agreements, and petitions for dissolution of conjugal partnership or
gains.
5. Petitions for Support and/or acknowledgment.
6. Summary judicial proceedings brought under the provisions of the Family Code of the
Philippines.
7. Petitions for Declaration of Status of Children as Abandoned Dependent, or Neglected
Children; the suspension, termination, or restoration of parental authority and other cases
cognizable under the Child and Youth Welfare Code, Authorizing the DSWD to take protective
custody of child prostitutes and sexually exploited children, and for other purposes.
8. Petitions for Constitution of the Family Home.
9. Cases against minors cognizable under R.A. 9165.
10. Violations of the Child Abuse Law.
11. Cases of Domestic Violence against Women and Children.
Respondents filed a motion to dismiss on the ground of lack of jurisdiction as the total assessed
value of the land subject matter of the case was only P 5,000.00 which, under BP 129 as
amended by RA 7691, falls within the jurisdiction of the MTC.
I: W/N the RTC has jurisdiction over the case.
Examples:
1. Specific Performance
2. Support
3. Foreclosure of Mortgage
4. Annulment of Judgment
5. Action questioning the validity of a mortgage
6. Annulment of Deed of Sale or Conveyance
7. Rescission of Contract
8. Declaratory Relief
Q: What if there are two (2) causes of action? For example, an action for declaration of
nullity and partition where the value of the property is at P5,000.00?
In order for a tenancy agreement to take hold over a dispute, it would be essential to establish
all its indispensable elements, to wit:
a. That the parties are the landowner and the tenant or agricultural lessee.
b. That the subject matter of the relationship is an agricultural land.
c. That there is consent between the parties to the relationship.
d. That the purpose of the relationship is to bring about agricultural production.
e. That there is personal cultivation on the part of the tenant or agricultural lessee.
f. That the harvest is shared between the landowner and the tenant or agricultural
lessee.
"In all cases in which the demand, exclusive of interest, damages of whatever kind, attorney's
fees, litigation expenses, and costs or the value of the property exceeds P2,000,000.00.”
SC: The RTC has jurisdiction. Actions for damages based on quasi-delicts, as in this case, are
primarily and effectively actions for the recovery of a sum of money for the damages for the
tortious acts committed. In this case, respondents’ claim of P926,006 in damages and P25,000
attorney’s fees plus P500 per court appearance represents the monetary equivalent for
compensation of the alleged injury. These money claims are the principal reliefs sought by the
respondents in their complaint for damages.
The exclusion of the term "damages of whatever kind" in determining the jurisdictional amount
under BP Blg. 129, as amended, applies to cases where damages are merely incidental to or a
consequence of the main action. However, in cases where the claim for damages is the main
action, or one of the causes of action, the amount of such claim shall be considered in
determining the jurisdiction of the court.
Q: A boarded a passenger bus which met an accident. He sustained injuries and is claiming for
damages or breach of contract of carriage amounting to P5,000,000.00. Where will he file his
case?
Q: X fled a case against Y to recover a piece of land worth P 100,000. X likewise sought for
damages in the amount of P3,000,000. Where will he file the case?
A: MTC. The claim for damages is merely incidental to the main action for recovery of land.
SC: The title to the action is not determinative of jurisdiction of the court. The factual allegations
prevail over the designation of the complaint.
SC: Jurisdiction is with the RTC. The assailed resolution of the PRC was issued pursuant to its
purely administrative function. It was a measure to preserve the integrity of licensure
examination.
The authority of the CA to review resolutions of all quasi-judicial bodies pursuant to law does not
cover rules and regulations of general applicability issued by administrative body to implement
its purely administrative policies and functions like Resolution No. 105.
Jurisdiction of RTC falls under Par. 1 (incapable of pecuniary estimation) or Par. 6 (not within the
jurisdiction of any court, tribunal or body exercising judicial or quasj-judicial functions.)
Note: Under E.O. 172, disputes between an operator or dealer and an oil company regarding
dealership agreements shall be under the jurisdiction of the Energy Regulatory Board (ERB)
INTRA-CORPORATE CONTROVERSIES
Under Sec. 5.2 of the Securities Regulation Code, it is provided that the RTC has jurisdiction
over "Intra-corporate disputes, election and appointment of officers, petition for suspension of
payment and rehabilitation of corporations, partnerships or associations.”
Examples:
a. Cases involving devices and schemes employed by or any acts of the BOD, business
associations, its officers o partnership, amounting to fraud of misrepresentation which may
be detrimental to the interest the public, and/or of the stockholders, partners, members of
associations organizations registered with the SEC.
The first element requires that the controversy must arise out of intra-corporate or
partnership relations (a) between any or all of the parties and the corporation, partnership or
association of which they are stockholders, members or associates, (b) between any or all of
them and the corporation, partnership or association of which they are stockholders, members
or associates, and (c) between such corporation, partnership or associate and the State insofar
as it concerns their individual franchises.
The second element requires that the dispute among the parties be intrinsically
connected with the regulation of the corporation. If the nature of the controversy involves
matters that are purely civil in character, necessarily, the cases does not involve an
intra-corporate controversy.
Civil Cases
1. Civil actions and probate proceedings, testate and intestate, including the grant of
provisional remedies in proper cases, where the value of the personal property, estate or
amount of demand does not exceed Two Million (P 2,000,000.00) Pesos, exclusive of
interest, damages of whatever kind, attorney's fees, litigation expenses, and costs, the
amount of which must be specifically alleged.
2. Actions which involve title to, or possession of, real property, or any interest therein
where the assessed value of the property or any interest therein does not exceed Four
Hundred Thousand " (P 400,000.0) Pesos exclusive of interest, damages of whatever kind,
attorney's fees, litigation expenses and costs: Provided, That in cases of land not declared
for taxation purposes, the value of such property shall be determined by the assessed value
of the adjacent lots.
3. In admiralty and maritime actions where the demand or claim does not exceed Two
Million (P 2,000,000.00) Pesos.
4. Forcible entry and unlawful detainer regardless of the value of the property involved.*
5. Inclusion and exclusion of voters
Rule: Where there are several claims or causes of action between the same or different parties,
embodies in the same complaint, the amount of the demand shall be the totality of the claims in
all the causes of action irrespective of whether the causes of action arose out of the same or
different transactions.
Rule: Interest, damages of whatever kind, attorney's fees must be specifically alleged. They
shall likewise be included in the determination of filing fees.
COMMENCEMENT OF AN ACTION
It is commenced by the filing of the original complaint in court (Rule 1, Section 5).
It can be instituted by the filing of the complaint by:
a. Personal filing
b. Registered mail
c. Accredited courier
d. Electronic mail
e. Other electronic means as may be authorized by the Court. (Sec. 3 in relation to Sec.14
[a], Rule 13)
Sec. 5, Rule 1: When an additional defendant is impleaded in a later pleading, the action is
commenced with regard to him on the date of fling of such later pleading.”
FILING FEES
· A complaint is not considered as filed unless the filing fees are paid.
SC: No. The action should be dismissed. The court acquired no jurisdiction over the case and
the remedy of the plaintiff is to refile the complaint and pay again the correct amount of fees.
The prior payment is forfeited in as much as the defect in the first complaint is incurable.
SC: Where the action involves real property and a related claim for damages, the legal fees
shall be assessed on the basis of both (a) the value of the property, and (b) the total amount of
related damages sought.
FILING FEES
Filipinas Shell Petroleum Corp. vs Court of Appeals
171 SCRA674 [1989]
F: Dela Paz sued all oil companies in the Philippines for infringement of patent with prayer for
payment of reasonable compensation and damages. As for the filing fees, the court assessed
him the amount of P945,636.90. Since he had no money to pay, he questioned it. The court later
allowed Dela Paz to file the case on the condition that the docket fees shall be deducted to any
judgment award thereof.
SC: There is no such thing as file now, pay later. Filing fees are intended to take care of court
expenses in handling of cases in terms of cost of supplies, use of equipment, salaries and fringe
benefits of personnel, etc. The payment of said fees, therefore, cannot be made dependent on
the result of the action taken, without entailing tremendous losses to the government.
SC: The OCA has neither the power or authority to exempt any party not otherwise exempt
under the law or under the Rules of Court in the payment of prescribed docket fees. In the case
at bar, plaintiff’s complaint cannot be deemed to have been refiled in Cebu because it was not
originally filed in the same court but in the RTC of Leyte. When his complaint was docketed by
the Clerk of Court of the RTC of Cebu, it became an entirely separate case from that dismissed
by the RTC of Leyte due to improper venue.
CIVIL PROCEDURE
RULES 1 TO 56 OF THE RULES OF COURT
APPLICATION
Rule: The Rules of Court shall apply to all courts.
Exception: Unless otherwise provided by the Supreme Court.
Action - a formal demand of one's legal rights in a court of justice in a manner prescribed by the
court or by the law. It is governed by ordinary rules.
Civil Action - one by which a party sues another for the enforcement or protection of a right, or
the prevention or redress of a wrong
Note: A Civil Action may be ordinary or special. Both are governed by the rules
on ordinary civil actions, subject to the specific rules prescribed for a special civil action.
Criminal Action - one by which the State prosecutes a person for an act or omission
punishable by law.
Special Civil Action - It is one in which a party sues another for the enforcement or protection
of a right or the prevention or redress of a wrong wherein it has special features not found in
ordinary civil actions
SC: The determination of who are the legal heirs of the deceased must be made in a proper
special proceedings in court, and not in an ordinary suit for recovery of ownership and
possession of property. The Court has consistently ruled that the trial court cannot make a
declaration of heirship in the civil action for the reason that such a declaration can only be made
in a special proceeding.
C. As to Place of Filing
1. Local Action
2. Transitory Action
D. As to Object
1. Action in Personam
2. Action in Rem
3. Action Quasi in Rem
CLASSIFICATION AS TO NATURE
1. Ordinary Civil Action -- one by which a party sues another for the enforcement or
protection of a right or the prevention or redress of a wrong.
2. Special Civil Action – one containing special features not found in ordinary civil actions.
Note: SCAs are actions falling under Rules 62 to 71 of the Rules of Court.
Rule: SCA are governed by ordinary civil actions, subject to specific rules (Rule 1, Section 3 [a]
[2]).
I: What is the applicable rule as regards actions filed under Rule 65 where the petition is
withdrawn before the respondent could submit an answer?
The withdrawal is with prejudice. The petition could no longer refile the case. "Certiorari similar
to appeal although it is really not an appeal. If the rule on appeal under Rule 50 would be
applied by analogy, it provides that if the appeal is withdrawn, the judgment appealed from will
become final and executory.
Real Action - action where the issue or subject matter involved is title, ownership, possession
or interest over a real property.
Ex. Accion publiciana, forcible entry, unlawful detainer, foreclosure of mortgage over real
property, partition of real property.
Personal Action - one which is not founded upon the privity of real rights or real property.
Ex. Actions for sum of money, damages, enforcement or resolution of a contract, recovery of
personal property.
Mixed Action - a mixture of real and personal actions. Those which pertain in some degree to
both real and personal and therefore are properly reducible to neither of them.
b. Forcible entry and detainer actions shall be commenced and tried in the MTC of the
municipality or city wherein the real property involved, or a portion thereof, is situated.
b. Transitory Action - one which is dependent on the place where the party resides
regardless of where the cause of action arose . Subject to Section 4, Rule 4.
Note: Real actions are automatically local actions. Personal actions are transitory.
CLASSIFICATION AS TO OBJECT
a. Action in Rem - a proceeding to determine title, status or condition of property within its
borders.
1. Partition
2. Accounting
3. Attachment
4. Foreclosure of
mortgage
CLASSIFICATION AS TO OBJECT
The distinction between actions in rem, in personam and quasi in rem is important in
determining the following:
a. Whether jurisdiction over the person of the defendant is required; and
b. The type of summons to be employed
IMPORTANCE OF CLASSIFICATION OF ACTIONS
The following matters are dependent on the nature of the action:
a. The law on jurisdiction
b. The rules on venue and prescription
c. Defenses against the action
d. Payment of docket fees
e. Service of summons
Exception: When the rule is intended precisely to minimize delay (strictly construed)
Cause of Action - is the act or omission by which a party violates a right of another (Sec. 2,
Rule 2). It is also referred to as "the fact or combination of facts which affords a party a right to
judicial interference in his behalf."
F: Plaintiff filed a complaint for sum of money which was assailed by the defendant as at the
time it was filed, none of the three (3) promissory notes was due although two (2) matured
during the pendency of the case.
SC: A complaint whose cause of action has not yet accrued cannot be cured or remedied by an
amended or supplemental pleading alleging the existence or accrual of a cause of action while
the case is pending. Such an action is prematurely brought and is therefore a groundless suit
which should be dismissed by the court upon proper motion seasonably fled by the defendants.
CAUSE OF ACTION
Q: Why is it important that a complaint should state a cause of action?
A: Because simple justice demands that a defendant must know what the complaint him is all
about. (Virata vs. Sandiganbayan et al, G.R. No 114331, May 27, 1997)
A: The third element (violation) is the most important since it is only upon the occurrence of this
element that a cause of action arises
Requisites:
a. A good cause of action.
b. Compliance with all the conditions precedent to the bringing of the action;
and
c. Right to bring and maintain the action must be in the person instituting it.**
Note: A right of action may prescribe (statute of limitation, estoppel or other circumstances
which do not affect the cause of action) but a cause of action will not.
Gen. Rule: The sufficiency of the statement of cause of action must appear on the face of the
complaint, and its existence is only determined by the allegations of the complaint (Viewmaster
Construction vs. Roxas, G.R. No. 133576, July 13, 2000).
Exception: In some cases, the Court considered, in addition to the complaint, the appended
annexes or documents, other pleadings of the plaintiff, or admissions in the records (Agrarian
Reform Beneficiaries Association vs. Nicolas, G.R. No. 168394, October 6, 2008).
Note: The truth or falsity of the allegations is beside the point because the allegations in the
complaint are hypothetically admitted. (PNB vs. Court of Appeals, G.R. No. 121251, June 26,
1998)
Sec. 4. If two or more suits are instituted on the basis of the same cause of action, the
fling of one or judgment upon the merits in any one is available as ground for the
dismissal of the others.
Splitting of Cause of Action - is the act of dividing a single or indivisible cause of action into
several parts or claims and bringing several actions thereon (Quadra vs. Court of Appeals, G.R.
No. 147593, July 31, 2006). This practice, which applies not only to complaints but also to
counterclaims and cross-claims, is discouraged.
Note: Litis Pendentia and Forum Shopping have similar elements. If there is litis pendentia,
move for dismissal on the ground of forum shopping.
a. Evidence - Whether the same evidence would support and sustain both the first and
second causes of action (Same Evidence Test)
b. Defenses - Whether the defenses in one case may be used to substantiate the complaint
in the other.
c. Existence - Whether the cause of action in the second case existed at the time of filing of
the first complaint (Umale vs. Canoga Park Development, G.R. No. 167246, July 20, 2011)
Application: Contracts
Rule 1: A contract embraces only one cause of action because it may be violated only once,
even if it contains several stipulations (Quiogue vs. Bautista, February 28, 1962)
Rule 2: A contract which provides for several stipulations to be performed at different times
gives as rise to as many causes of actions as there are violations (Larena vs. Vilanueva, 53
Phil. 923)
Rule 3: All obligations which have matured at the time of the suit must be integrated as one
cause of action in one complaint, and those not so included would be barred. (Larena vs.
Vilanueva, 53 Phil. 923)
Rule 4: When the failure to comply with one of several stipulations in a continuing contract
constitutes a total breach (Blossom & Co. vs. Manila Gas Corp., 55 Phil. 226)
Ex. When the defendant will claim forgery or deny his signature in a contract containing
several stipulations which are to be performed at different times.
Joinder of Causes of Action - is the provision of the Rules which allows a party to join in one
pleading two or more causes of action against the opposing party. It is the process of uniting two
or more demands or rights of action in one action.
Principle: A plaintiff cannot file more than one case when he has only one cause of action but
the law allows the plaintiff to file one case for more than one cause of action.
2. The joinder shall not include special civil actions governed by special rules.
3. Where the causes of action are between the same parties but pertain to different venues
or jurisdictions, the joinder may be allowed in the RTC provided on of the causes of action
falls within the jurisdiction of said court and the venue lies therein; and
4. Totality Test: Where the claims in all causes of action are principally for recovery of
money, the aggregate amount claimed shall be the test for jurisdiction.
Q: A sued B and C in one complaint in the RTC of Tagum, the cause of action against B being
an overdue promissory note for P5,000,000.00 and that against C being an alleged balance of
P50,000.00 on the purchase of goods sold on credit. Does the RTC of Tagum have jurisdiction
over the case?
A: No. For a joinder of causes of action against several defendants to be proper, the joinder
must comply with the rules on joinder of parties under Sec. 6 of Rule 3. This rule requires that
the causes of action joined should arise out of the same transactions and there exists a
question of law or facts common to both.
· This 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
by filing a motion in relation thereto.
· However, if the plaintiff refuses to sever the misjoined cause of action, the complaint may
be dismissed pursuant to Section 3, Rule 17 of the 2019 Amendments to the Revised Rules
on Civil Procedure.
d. A legitimate labor organization may sue and be sued in its registered name
(Art. 242 [e], Labor Code of the Philippines)
e. The Roman Catholic Church may be a party and as to its properties, the
archbishop or diocese to which they belong (versoza vs. Hernandez,
November 22, 1926); and
REAL PARTY-IN-INTEREST
Sec. 2. 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 the Rules, every action must be prosecuted or defended in the name
of the real party-in-interest.
Ex. In an action for recovery of land, file the complaint against the owner thereof and not its
tenant.
Gen. Rule: In an action for breach of contract, the real parties-in-interest are the parties thereof.
Exception: Stipulation Pour Autrui. (A stipulation in favor of a third person e.g. TPL)
REAL PARTY-IN-INTEREST
Salonga vs. Warner Barnes
88 Phil. 125 [Bar]
SC: An attorney-in-fact cannot use his own name in the complaint as he is not the real
party-in-interest. (A plaintiff, represented by B, attorney-in-fact vs. C, defendant).
1. Plaintiff not authorized - the ground that the plaintiff has no legal capacity to sue (Section
12 [a], Rule 8 of the Rules).
2. Defendant not authorized - the ground that the "pleading asserting a claim states no cause
of action." (Section 12 [a], Rule 8 of the Rules)
Note: A complaint cannot possibly state a cause of action against one who cannot be a party to
a civil action.
REPRESENTATIVES AS PARTIES
Sec. 3. Where the action is allowed to be prosecuted or defended by a representative or
someone acting in a fiduciary capacity, the beneficiary shall be included in the title of the case
and shall be deemed to be the real party-in-interest. A representative may be a trustee of an
express trust, a guardian, executor or administrator, or a party authorized by law or these Rules.
An agent acting in his own name and for the benefit of an undisclosed principal may sue or be
sued without joining the principal except when the contract involves things belonging to the
principal.
When the judgment was being enforced, it was found out that B was already dead but left some
properties but the heirs of B questioned the same.
SPOUSES AS PARTIES
Gen. Rule: Husband and wife shall sue or be sued jointly, except as provided by law. (Sec. 4,
Rule 3)
Reason: Because the spouses are co-administrators of the community property under the
system of absolute community of property, as well as the conjugal partnership property.
Exceptions:
1. Arts. 101 and 108 Family Code - A spouse without just cause abandons the other or fails
to comply with his or her obligations to the family with respect to marital, parental or property
relations.
2. Art. 111 Family Code - A spouse of age mortgages, encumbers, alienates or otherwise
disposes of his or her exclusive property.
3. Art. 145 Family Code - The regime of separation of property governs the property relations
between spouses.
4. Art. 135 Judicial Separation of Property
5. Art. 142 - Administration of exclusive property of either spouse may be transferred by the
court to the other spouse.
INDISPENSABLE PARTY
· Party-in-interest without whom no final determination can be had of an action. (Sec. 7,
Rule 3).
· Is one whose interest in the subject matter of the suit and the relief sought are so
inextricably intertwined with other parties that his legal presence as a party to the
proceeding is an absolute necessity. (Benedicto-Muñoz vs. Cacho-Olivares, G.R. No.
179121, November 9, 2015).
Rule: The absence of an indispensable party renders all subsequent actions of the court null
and void for want of authority to act, not only as to the absent parties but even to those present.
(Riano)
PRO-FORMA PARTY
· One who is joined as a plaintiff or defendant, not because such party has any real interest
in the subject matter or because any relief is demanded, but merely because the technical
rules of pleadings require the presence of such party on record (Samaniego vs. Agulia, G.R.
No. 125567, June 27, 2000)
NECESSARY PARTY
· Those who are not indispensable but ought to be joined as parties:
1. If complete relief is to be accorded to those already parties; or
2. For a complete determination or settlement of the claim subject matter of the action. (Sec.
8, Rule 3)
Note: Whenever in any pleading in which a claim is asserted a necessary party is not joined, the
pleader shall set forth his name, if known, and shall state why he is omitted. (Sec. 9, Rule 3).
Q: A and B are joint debtors of C in the amount of P100,000.00 (50-50 sharing). Both did not
pay C. C files a case against A only. Can the case proceed without B?
A: Yes but C can only collect from A up to P50,000.00 because the obligation is joint.
Q: A and B are solidary debtors of C in the amount of P100,000.00 (50-50 sharing). Both did not
pay C. Can C file a case against A only?
A: Yes and C can collect the full amount from A because the obligation is solidary. Then A can
proceed against B for reimbursement.
The failure to comply with the order for his inclusion, without justifiable cause, shall be
deemed a waiver of the claim against such party.
The non-inclusion o f a necessary party does not prevent the court from proceeding in
the action, and the judgment rendered therein shall be without prejudice to the rights of
such necessary party.
UNWILLING CO-PLAINTIFF
Sec. 10. If the consent of any party who should be joined as plaintiff cannot be obtained,
he may be made a defendant and the reason therefor shall be stated in the complaint.
INDIGENT PARTY
He/she is one:
1. Whose gross income and that of his immediate family do not exceed an
amount double the monthly minimum wage of an employee.
2. Who does not own real property with a fair market value as stated in the
current tax declaration of more than P300,000.00 (Sec. 19, Rule 141 as
amended by A.M. No. 04-2-04-SC).
Rule: An indigent party shall be exempt from the payment of legal fees.
CLASS SUITS
· Is an action where one or some of the parties may sue for the benefit of all if the
requisites for said action are complied with.
Requisites:
a. Subject matter of the controversy is one of common or general interest to many persons;
b. Parties affected are so numerous that it is impracticable to bring them all before the court;
c. Parties bringing the class suit are sufficiently numerous or representative of the class and
can fully protect the interests of all concerned; and
d. Representatives sue or defend for the benefit of all.
SC: Yes. To require all the members to sue will be impractical. A number of them may sue for
the benefit of all.
1. Recovery of damages for personal reputation, i.e., in a libel case in behalf of a specific
individual (Newsweek, Inc. vs. IAC, G.R. No. L-63559, May 30, 1986);
2. In an action for recovery of real property individually held (Ortigas & Company, Ltd. vs. Hon.
Vivencio M. Ruiz, et al, G.R. No. L-33952, March 9, 1987).
Remedy if class suit is not proper: If the class suit is not proper, the remedy of the parties is
either to bring suit individually or join them all as parties under the rule on permissive joinder of
parties.
Note: Persons associated in an entity without juridical personality, however, cannot sue under
the name, because as stated in the Rules, its authority to be a party is confined only to being a
defendant, as is evident from the words “they may be sued.”
The court shall forth with order said legal representative or representatives to appear and be
substituted within a period of thirty (30) days from notice.
If no legal representative is named by the counsel for the deceased party, or if the one so
named shall fail to appear within the specified period, the court may order the opposing party,
within a specified time, to procure the appointment of an executor or administrator for the estate
of the deceased and the latter shall immediately appear for and on behalf of the deceased. The
court charges in procuring such appointment, if defrayed by the opposing party, may be
recovered as costs.
DUTY OF COUNSEL TO INFORM THE COURT OF CLIENT'S DEATH
Judge Sumaliag vs. Sps. Literato
G.R. No. 149787 [June 18, 2008]
SC: Incidentally, this is the only representation that the counsel can undertake after the death of
a client as the fact of death terminates any further lawyer-client relationship.
Note: The substitute defendant need not be summoned. The order of substitution shall be
served upon the parties substituted for the court to acquire jurisdiction over the substitute party.
If there is notice of death, the court shall await the appointment of legal representative;
otherwise, the subsequent proceedings are void.
Purpose
Baritua vs. Court of Appeals
G.R. NO. 100748 [February 3, 1997]
SC: The situs for bringing real and personal actions are fixed by the rules to attain the greatest
convenience possible to the party litigants by taking into consideration the maximum
accessibility to them of the courts of justice.
Q: Can a complaint be dismissed by the court motu propio based on improper venue?
A: No. Improper venue is not one of the grounds wherein the court may dismiss an action motu
proprio. (Universal Corp. vs. Lim, G.R. No. 154338, October 5, 2007). Improper venue is an
affirmative defense which the defendant may raise in his or her answer seasonably, else it is
deemed waived
Note: The residence of a person must be his personal, actual or physical habitation or his actual
residence and abode. It does not mean fixed permanent residence.
Reason: To prevent the plaintiff from choosing the residence of a minor plaintiff or defendant as
the venue. A nominal or formal party does not have the degree of interest in the action which
would warrant and entail the desirably active participation expected of litigants in a case.
Real Actions - 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 (Sec. 1, Rule 4)
Actions that can be filed against a Non-Resident Defendant who is not found
in the Philippines
a. Action that affects the personal status of the plaintiff
b. Action that affects the property or portion thereof the defendant situated in
the Philippines.
STIPULATIONS ON VENUE
Polytrade Corp vs. Blanco
30 SCRA 157
F: A and B are residents of Davao City. They executed a promissory note which contained a
clause that in case of a suit arising from the note, the parties agree to sue and be sued in the
City of Manila. Because of the non-payment of the loan, A filed a case against B in Davao City.
This was assailed by B as there was a clause in the promissory note that the venue is Manila.
SC: Yes. When the parties stipulate the venue of a civil action other than those found in the
Rules, the stipulated venue is considered merely as an additional venue to where the parties
reside unless the stipulation contains restrictive words showing the intention of the parties to
limit the place stipulated as the exclusive venue. (Ex. City of Manila only or to sue and sued
exclusively in the City of Manila)
SC: The ruling in Sweet Lines do not apply. Arquero is bound by the stipulation when he signed
the telegram forms. As a lawyer, he is expected to know what he is signing.
Scope: The Rule shall govern the procedure in actions before the MTCs for payment or
reimbursement of a sum of money where the value of the claim does not exceed One Million
(P1,000,000.00) Pesos. The claim or demand may be for money owed under a contract of
lease, loan and other credit accommodations, services and sale of personal property. The
recovery of personal property is excluded unless made a subject of a compromise agreement
between the parties. The enforcement of a barangay amicable settlements and arbitration
awards where the money claim does not exceed P1,000,000.00 is likewise covered.
Commencement of small claims action: By filing with the court an accomplished Statement
of Claim/s with Verification and Certification against Forum Shopping, Splitting a Single Cause
of Action, and Multiplicity of Suits and duly certified photocopies of the actionable documents
subject of the claim, affidavits of witnesses, and other evidence to support the claim.
Note: No formal pleading, other than the Statement of Claim/s is necessary to initiate a small
claims action.
· The plaintiff may join that in a single statement of claim one or more separate small
claims against a defendant provided that the total amount claimed, exclusive of interest and
costs, does not exceed P1, 000, 000.00.
· Dismissal of the Claim. - After the court determines that the case falls under the Rule, it
may from an examination of the allegations of the SOC and such evidence attached thereto,
on its own initiative, dismiss the case outright on any of the following grounds:
a. The court has no jurisdiction over the subject matter
b. There is another action pending between the same parties for the same
cause
c. The action is barred by prior judgment
d. The claim is barred by the statute of limitations
e. The court has no jurisdiction over the person of the defendant
f. Venue is improperly laid
g. Plaintiff has no legal capacity to sue
h. The SOC states no cause of action
i. That a condition precedent fort filing the claim has not been complied with;
and
j. Plaintiff failed to submit the required affidavits, as provided Section 7 of the
Rule.
· If the case does not fall under the Rule, but falls under summary or regular procedure, or
if the case is filed under summary or regular procedure but falls under this Rule, the case
shall not be dismissed. Instead, the case shall be re-docketed under the appropriate
procedure, and returned to the court where it was assigned, subject to payment of any
deficiency in the applicable regular rate of filing fees,
· Summons. If no ground for dismissal is found, the court shall issue summons within
twenty-four (24) hours from receipt of the SOC, directing the defendant to submit a verified
response.
· Service of Issuances and Notices. The service of court issuances and filings by the
parties may be made through email, facsimile, and other electronic means. Notices may also
be served through mobile phone calls, SMS, or instant messaging software applications.
The consent to, and chosen mode of, electronic service and notice shall be indicated in the
SOC or Response, as the case may be.
· Response. The defendant shall file with the court and serve on the plaintiff a duly
accomplished and verified Response within a non-extendible period of ten (10) calendar
days from receipt of summons.
· Effect of Failure to File Response. Should the defendant fail to file Response within the
required period, and likewise fail to appear on the date set for hearing, the court shall render
judgment within twenty-four (24) hours from the termination of the hearing, as may be
warranted by the facts alleged in the SOC and its attachments.
Should the defendant fail to file Response within the required period but appear on the
date set for hearing, the court shall ascertain what defense he/she/lit has to offer, which shall
constitute his/her/its Response, proceed to hear the case on the same day as if a Response has
been filed, and, thereafter, render judgment within twenty-four (24) hours from the termination of
the hearing.
Note: If not filed as counterclaim, the defendant shall be barred from suing on such
counterclaim.
Note: The defendant may also elect to file a counterclaim against the plaintiff that does not arise
out of the same transaction or occurrence, provided that the amount and nature thereof are
within the coverage of the Rule.
Note: No attorney shall appear in behalf of or represent a party at the hearing, unless the
attorney is the plaintiff or defendant.
Non-Appearance of Parties. Failure of the plaintiff to appear shall be cause for the dismissal of
the SOC without prejudice. The defendant who appears in the absence of the plaintiff shall be
entitled to judgment on the counterclaim. Failure of both parties to appear shall cause the
dismissal with prejudice of both SOC and the
counterclaim.
Decision. The decision of the MTC shall be final, executory and unappealable