CIVIL PROCEDURE REVIEWER o Municipal Trial Court – if the claim is

PREPARED BY KELVIN JALUAG CULAJARA, CPA The failure of the complaint to state the elements of P300,000 or less.
Based on the textbook by Riano his cause of action supplies a ground for the dismissal of
the complaint, even if the actual truth discloses that the Jurisdiction over real actions (or those actions which
CHAPTER 1: GENERAL PRINCIPLES plaintiff has a cause of action against the defendant. involve title to, possession of, real property or any interest
While a plaintiff may have a legitimate cause of therein) is determined using the assessed value of the
The Fundamentals of Ordinary Civil Actions action, as a result of a violation of his rights, he is property as benchmark;
precluded by the Rules from instituting more than one suit  Metro Manila
I. Complaint for a single cause of action (i.e. a suit for the collection of a o Regional Trial Court – if the assessed
principal debt; another separate suit for the collection of value is more than P50,000;
It is the act of filing the initiatory pleading called a interests due from a principal debt which was the subject o Municipal Trial Court – if the assessed
complaint, that triggers both the practical application of of another suit). value is P50,000 or less.
procedural rules and the laws on jurisdiction. It is also the He cannot split a single cause of action into several  Outside Metro Manila
very same act which commences a civil action. parts and make each part the subject of a separate o Regional Trial Court – if the assessed
The complaint is the first pleading filed in court. complaint. However, he may institute in one suit several value is more than P20,000;
causes of action. This is otherwise referred to as “joinder o Municipal Trial Court – if the assessed
Parties in a complaint of causes of action” (i.e. filing in one suit an action for the value is P20,000 or less.
Plaintiff – the party/person who first files the pleading collection of two separate loans against the same person).
with the court for the enforcement or protection of a C. Venue
right, or the prevention of a redress of a wrong. Note: It is B. Jurisdiction
the filing of the complaint which enables the court to Venue is the place where the action is to be filed.
acquire jurisdiction over the plaintiff. Filing of a complaint Filing the complaint with the wrong court is a ground Even if the action is filed with the correct court, but if
is akin to the plaintiff’s voluntary submission to the for dismissal of the complaint either upon proper motion the same is lodged before an improper venue, the
jurisdiction of the court. by the adverse party or upon the court’s own motion complaint may be dismissed.
Defendant – the adverse party in a complaint. (motu proprio).
Jurisdiction over civil actions and probate proceedings If the action is real (one that affects title to,
A. Right of action and cause of action is determined by the value of the personal property, possession of, or any interest in real property), the action
estate or demand in relation to the place where the action shall be commenced and tried in the place where the real
Cause of action involves a right of the plaintiff and a is to be instituted, that – property involved or a portion thereof is situated.
violation of this right by the defendant. Note: The rules  Metro Manila If the action is personal, the action may be
require the plaintiff to sufficiently allege those ultimate o Regional Trial Court – if the claim is more commenced and tried in –
facts which, taken together, constitute one’s cause of than P400,000;  The place of plaintiff’s residence; or
action. o Municipal Trial Court – if the claim is  In the place of defendant’s residence.
The right of action pertains to the right to file a suit. It P400,000 or less. o Note: In the case of a non-resident
is the consequence of the violation of the right of the  Outside Metro Manila defendant, where he may be found, at
plaintiff. There is no right of action where there is no cause o Regional Trial Court – if the claim is more the election of the plaintiff.
of action. than P300,000; This is at the election of the plaintiff.

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 information, and belief, there are good grounds to support
If the parties have agreed in writing on the exclusive Examples of conditional precedent it; and that it is not interposed for delay.
venue prior to the filing of the action, then the place  The requirement to avail of barangay conciliation The complaint must designate the address of the
stipulated is the only venue. This restrictive type of proceedings before invoking judicial intervention. party or counsel. This address should not be a post office
stipulation precludes the filing of the action in some other  The need to undergo arbitration before seeking box.
place (i.e. “only in Manila”). judicial relief. Not all pleadings have to be verified. Only those
A permissive stipulation operates to provide an  Earnest efforts toward a compromise have been specifically mandated by law or a particular rule need to
additional venue for the action in addition to those set by made, and that such efforts have failed, with be verified (i.e. all pleadings under the 1991 Rule on
the rules (i.e. “shall be filed in Manila”). respect to suits between members of the same Summary Procedure need to be verified; petitions for
family. certiorari, prohibition, and mandamus must, likewise, be
D. Parties verified).
Note: Compliance with conditions precedent is not, The complaint and other initiatory pleading must
The plaintiff must be the real party-in-interest. however, sufficient; compliance therewith must be alleged contain or be accompanied by a certification against forum
A real party-in-interest is the one who stands to be in the complaint for it to sufficiently state a cause of shopping in which the plaintiff or principal party certifies,
benefited or injured by the judgment in the suit, or the action. among others, that he has not commenced any action or
party entitled to the avails of the suit. When the case has been dismissed on the ground of filed any claim involving the same issues pending in, or
prescription, the refilling of the same action or claim is already resolved, in any other tribunal. Note: Failure to
The defendant can be an indispensable party or a barred. comply with this requirement is a ground for the dismissal
mere necessary party. of the complaint upon motion and after hearing.
An indispensable party is a party without him, no final F. Preparation of the complaint
determination could be had of an action. His joinder is G. Provisional remedies
compulsory. Any pleading need only state the ultimate facts which
A necessary party, on the other hand, is one where his constitute a party’s claim or defense. Statements of The plaintiff may avail of any of the provisional
non-inclusion does not prevent the court from proceeding evidentiary facts are to be omitted since they are to be remedies like preliminary attachment, preliminary
with the action although, without such party, no complete presented in the trial. injunction, receivership, replevin or support pendent lite.
relied may be accorded as to those already parties. The complaint must specify the relief sought although Provisional remedies are not permanent or final
the rule allows the addition of a general prayer for such reliefs. They may be availed of by a party in the meantime
E. Prescription and conditions precedent other reliefs as the court may deem just or equitable. that the main action is being litigated and there is yet no
Note: The relief or prayer is not largely determinative of final judgment in the case.
Examples of prescription the cause of action. More of provisional remedies later.
 “An obligation created by law, or a judgment, The complaint must be dated.
prescribe after 10 years from the time the cause The complaint must be signed by the party or by the H. Filing of the complaint
of action accrues.” (Art. 1144, New Civil Coe) counsel representing him. This rule is mandatory because
 An action for forcible entry, unlawful detainer and an unsigned pleading produces no legal effect. The filing of the complaint is the act of presenting the
defamation must be commenced within 1 year When it is the counsel who signs the pleading, his same before the clerk of court.
from the accrual of the cause of action. (Art. signature constitutes a certificate by him that he has read
1144, NCC) the pleading; that to the best of his knowledge,

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 When an action is filed, the filing must be or when the refiling is barred by
accompanied by the payment of the requisite docket and the ‘two-dismissal’ rule. 3. Amendment of the complaint –
filing fees. b. If the dismissal is made after service of Amendment of his pleading is a matter of right as long
The fees must be paid because, as a rule, the court the answer or a motion for summary as it is made before the other party has served a
acquires jurisdiction over the case only upon payment of judgment – responsive pleading. Note: An amendment made as a
the prescribed fees. Payment of the full amount of the i. The plaintiff can no longer have matter of right may, by the terms of the Rules, be availed
docket fee is mandatory and jurisdictional. his action dismissed by mere of only once.
Note: This rule was, however, relaxed by the Supreme notice. The plaintiff may likewise amend his complaint as a
Court in some cases in which payment of the fee within a ii. The plaintiff has to file a motion matter of right even after a motion to dismiss has been
reasonable time, but not beyond the prescriptive period, to dismiss his complaint. served. This is because a motion to dismiss is not a
was permitted. If the fees are not paid at the time of the If the court allows the dismissal of the complaint, only responsive pleading.
filing, the court acquires jurisdiction only upon full the complaint is dismissed. Any counterclaim already After a responsive pleading has been served,
payment of the fees within a reasonable time, as the court pleaded prior to the service upon the defendant of the amendment must be with leave of court. Note: The
may grant, barring prescription. motion for dismissal, is not affected by the dismissal of the amendment in this case is no longer a matter of right but a
Even on appeal, the general rule is that payment of complaint and is without prejudice to the right of the matter of judicial discretion.
docket fees within the prescribed period is mandatory for defendant to prosecute his counterclaim in the same or in
the perfection of the appeal although there were instances a separate action. II. Summons
when the rule had been applied with liberality.
2. Dismissal by the court – Upon the filing of the complaint and the payment of
I. Possible scenarios after the filing of the complaint The court, shall on its own motion, dismiss the the requisite legal fees, the clerk of court shall issue the
complaint if it appears from the complaint or the pleadings corresponding summons to the defendant.
1. Dismissal of the complaint by the plaintiff – a. That the court has no jurisdiction over The summons orders the defendant to file an answer
a. If the dismissal is made before the the subject matter; to the complaint and also reminds him that, unless he
adverse party has served an answer or a b. That there is another action pending does so, the court may render a judgment against him by
motion for summary judgment – between the same parties for the same default and grant to the plaintiff the relief applied for.
i. He may have his own complaint cause; or Attached to the summons is a copy of the complaint.
dismissed by the mere filing of a c. That the action is barred by a prior The summons may be served by the sheriff, his
notice of dismissal. judgment or by the statute of limitations. deputy, or other proper officer, or by any suitable person
ii. A motion to dismiss in this case Note: The court may dismiss a complaint on its own authorized by the court issuing the summons.
is not required. motion, or upon motion of the adverse party, for causes The summons and copy of the complaint are to be
iii. The court shall issue an order due to the fault of the plaintiff. This happens when the served upon the defendant in person, but if he cannot be
confirming the dismissal. plaintiff, without justifiable cause, fails to appear on the served despite diligent efforts, summons may be served by
Note: The dismissal by notice is date of the presentation of his evidence in chief, to an alternative mode called “substituted service” which
without prejudice to its being prosecute his actions for an unreasonable length of time, consists serving the summons at the residence of the
refiled later, unless otherwise or to comply with the Rules or any order of the court. This defendant or his regular place of business with a person
stated in the notice of dismissal dismissal will have the effect of an adjudication upon the qualified to so receive the summons in accordance with
merits, unless the court declares otherwise. the Rules.

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 Subject to certain exceptions, summons by publication out of the pleading or the portions thereof or make such claim is unenforceable under the provisions of the statute
is not a recognized mode of service for the purpose of other order as it may deem just. of frauds.
acquiring jurisdiction over the person of the defendant.
When, for instance, the defendant is a minor, insane B. Motion to dismiss III. Answer
or incompetent, service of summons shall be made upon
him personally and on his legal guardian if he has one, or if There are numerous grounds for a motion to dismiss The answer may invoke the following defenses:
none, upon his guardian ad litem, or in the case of a minor, and these must be invoked by filing the requisite motion.  Negative defense – specific denial of a material
upon his father or mother. However, lack of jurisdiction over the subject matter of the fact/s alleged in the pleading of claimant. Note:
If the defendant is a domestic corporation or action, litis pendentia, res judicata, and prescription, are The answer must specifically deny the material
partnership, service may be made on certain specific reasons for the court to effect a motu proprio dismissal of averments in the other party’s pleading because
persons only like the president, managing partner, general the complaint, whenever any of these grounds appears material averments not specifically denied are
manager, corporate secretary, treasurer, or in-house from the pleadings or the evidence on record. deemed admitted.
counsel. The motion to dismiss is to be heard and after the  Affirmative defense – essentially consists of a
When the defendant is a prisoner confined in a jail or hearing, the court may dismiss the action or claim, deny hypothetical admission of the material allegation
institution, service shall be effected upon him (the the motion, or order the amendment of the pleading. The in the pleading of the claimant but, nevertheless,
prisoner) by the officer having management of the jail or court is without authority to defer the motion based on prevents or bars recovery by him.
institution. the reason that the ground relied upon is not indubitable. Note: Failure of the defending party to file an answer
Note: Service of summons may be dispensed with if entitles the claiming party to file a motion to declare him
the defendant makes a voluntary appearance. Note: The motion to dismiss shall include all in default.
objections then available, and all objections not so
A. Motion for bill of particulars included shall be deemed waived, except certain defenses A. Default
like lack of jurisdiction over the subject matter of the
Ambiguities may be sought to be clarified through a action, litis pendentia, res judicata, and prescription. When he is declared in default, the defending party
bill of particulars submitted, upon order of the court and If no motion to dismiss has been filed, any of the loses his standing in court and is not allowed to take part
upon motion of the other party. Note: Any other pleading grounds for the dismissal provided in the rules governing a in the trial.
aside from a motion for bill of particulars may be the motion to dismiss may be pleaded as an affirmative The court’s declaration of default should be preceded
object of a motion for bill of particulars. defense in the answer, and, in the discretion of the court, by a motion to declare the said party in default together
Upon being notified of the motion by the clerk of a preliminary hearing may be had on the defense relied with proof of such failure.
court, the court may either deny or grant the motion upon as if a timely motion to dismiss had been filed. The rule, therefore, precludes the court from
outright, or allow the parties the opportunity to be heard. declaring the defending party in default on its own motion.
The court, therefore, is not obliged to conduct a hearing The dismissal of the complaint through a motion to Note: A party declared in default, although barred
on the motion. dismiss does not necessarily preclude the refilling of the from participating in the proceedings is, however, still
If the motion is granted, the party directed to submit a same (i.e. a case dismissed on the ground of lack of entitled to notices of subsequent proceedings. Before
bill of particulars must comply with the order within 10 jurisdiction may be refilled in the court with proper judgment, he may file a motion under oath to set aside the
days from notice. If the order is not obeyed, or in case jurisdiction), except when due to a prior judgment, statute order of default on the ground of fraud, accident, mistake,
compliance is insufficient, the court may order the striking of limitations, extinguishment of claim or demand, or the or excusable negligence, and that he has a meritorious
defense.

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 A default order will not be issued in an action for Other matters Trial occurs should there be no amicable settlement
annulment of marriage, declaration of nullity of marriage,  The plaintiff may respond to defendant’s answer or compromise forged between the parties.
or legal separation, even if the defendant fails to answer. through a pleading called a “reply”. The purpose During the trial, the parties present their evidence on
Instead, the court shall order the prosecuting attorney to of a reply is to deny or allege facts in denial or their claims and defenses.
investigate whether or not collusion exists between the avoidance of new matters alleged in the answer. The plaintiff presents his evidence first. After resting
parties and prevent fabrication of evidence. A reply is not a compulsory pleading (unlike the his case, the defendant will present his own evidence.
answer). However, if the defendant believes that upon the
B. Counterclaim, cross-claim, third-party complaint, o The failure to file an answer may lead to facts and the law, the plaintiff is not entitled to relief, he
reply and intervention default. On the other hand, failure to file may, instead of presenting his own evidence, move for the
a reply does not declare the plaintiff in dismissal of the case by way of a demurrer to evidence.
Definitions default.
 Counterclaim – a pleading which sets forth a o The failure to file a reply will not result in VI. Judgment
claim a defending party may have against an the implied admission of the material
opposing party. allegations in the answer because A judgment is rendered after the submission of the
o Compulsory counterclaim – which a allegations of new matters in the evidence of the parties has been concluded. It is the
defending party has at the time he files answer, even if not replied to, are decision of the court and represents its official
his answer, shall be contained therein. deemed controverted or denied. determination of the respective rights and obligations of
o Permissive counterclaim – does not have the parties to the case.
to be raised in the same proceedings IV. Pre-trial There is no oral judgment under the Rules. It has to be
because, by its nature, it could be in writing, personally and directly prepared by the judge,
invoked as an independent action. After the last pleading has been served and filed, it is stating clearly the facts and the law on which it is based,
 Cross-claim – a pleading containing the claim by the duty of the plaintiff to promptly move ex parte that signed by him, and filed with the clerk of court.
one party against a co-party. the case be set for pre-trial.
 Third-party complaint – the defendant may bring A pre-trial is mandatory. In a pre-trial, the parties VII. Post-judgment remedies
in a third person into the suit and implead him as shall, among others, consider the possibility of an amicable
a party by filing, with leave of court, a third-party settlement or submission of the case to alternative modes The following are the remedies
complaint against him, thus, making him a party of dispute resolution.  Remedies before judgment becomes final and
to the action. During the pre-trial stage (and generally at any time executory – the aggrieved party may file
 Complaint-in-intervention – a pleading filed any even before pre-trial or trial), the parties may obtain o A motion for reconsideration;
time before judgment, and with leave of court, by information from each other through discovery o A motion for new trial or
a person not a party to the action and who procedures. o An appeal. Note: If the motion for new
believes that he has a legal interest in the matter Discovery procedures may include depositions, trial or the motion for reconsideration is
in litigation. interrogatories to parties, request for admission, denied, the aggrieved party may appeal
 Answer-in-intervention – the answer filed by a production and inspection of documents, and physical and from the judgment within the period for
third person upon uniting with the defending mental examination of persons. appeal following the so-called “fresh
party in resisting a claim by the plaintiff. period” rule.
V. Trial

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  Remedies after the judgment becomes final and The rules shall govern cases brought after they take  The rules shall provide a simplified and
executor effect, and also to pending cases, except if in the opinion inexpensive procedure for the speedy disposition
o The prevailing party may of the court, their application would not be feasible or of cases;
 File a motion for execution of would work injustice, in which event, the former  The rules shall be uniform for courts of the same
judgment in his favor anytime procedure shall apply. grade; and
within 5 years from its date of  The rules shall not diminish, increase, or modify
entry. When procedural rules do not apply to pending actions substantive rights.
o The losing party may  Where the statute itself or by necessary
 File a petition for relief; implication provides that pending actions are The rule on liberal construction
 File an action to annul the excepted from its operation; These Rules shall be liberally construed in order to
judgment;  If applying the rule to pending proceedings would promote their objective of securing a just, speedy and
 Certiorari; or impair vested rights; inexpensive disposition of every action and proceeding.
 Attack against the judgment  When to do so would not be feasible or would (Section 6, Rule 1, Rules of Court)
collaterally when the nullity of work injustice; or Parties praying for liberal interpretation of the rules
the judgment is plain and  If doing so would involve intricate problems of must be able to hurdle that heavy burden of proving that
evident on its face. due process or impair the independence of the they deserve an exceptional treatment. (Prieto v. Alpadi
courts. Development Corporation)
VIII. Execution and satisfaction of judgments
Instances when the Rules shall not apply (but only apply Nature of the Philippine Courts
Remedial Law and the Rules of Court suppletorily)
 Election cases The term “equity jurisdiction” is used to describe the
Remedial law refers to the rules which provide the  Land registration cases power of the court to resolve issues presented in a case, in
system for the protection of rights, the prevention of the  Cadastral cases accordance with the natural rules of fairness and justice,
violation of such rights and the means of redress for such  Naturalization cases; and and in the absence of a clear, positive law governing such
violations.  Insolvency proceedings issues. Note: Equity does not apply when there is a law
Substantive law, on the other hand, creates, defines, applicable to a given case. (Smith Bell Co. v. Court of
and regulates rights and duties concerning life, liberty or The Rule-Making Power of the Supreme Court Appeals)
property.
The rule-making power of the Supreme Court Under the doctrine of hierarchy of courts, where
Scope of civil procedure in the Rules of Court specifically includes the constitutional power to courts have concurrent jurisdiction over a subject matter,
 Ordinary civil actions (Rules 1-56) promulgate rules concerning pleading, practice, and such concurrence of jurisdiction does not grant the party
 Provisional remedies (Rules 57-61) procedure. seeking relief the absolute freedom to file a petition in any
 Special civil actions (Rules 62-71) court of his choice. Pursuant to this doctrine, a case must
Limitations on the rule-making power of the Supreme be filed before the lowest court possible having the
The rules are not penal laws and are not to be given Court appropriate jurisdiction, except if one can advance a
retroactive effect. (Bermejo v. Barrios) special reason which would allow a party a direct resort to
a higher court.

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When the doctrine of hierarchy of courts may be  Exclusive jurisdiction precludes the idea of co-
disregarded existence and refers to jurisdiction possessed to
 When there are special and important reasons the exclusion of others.
clearly stated in the petition;
 When dictated by public welfare and the Concurrent jurisdiction
advancement of public policy; Also called as “coordinate jurisdiction”, is the power
 When demanded by the broader interest of of different courts to take cognizance of the same subject
justice; matter. Where there is concurrent jurisdiction, the court
 When the challenged orders were patent first taking cognizance of the case assumes jurisdiction to
nullities; the exclusion of the other courts.
 When analogous exceptional and compelling
circumstances called for and justified the
immediate and direct handling by the court.
 When there are genuine issues of
constitutionality that must be addressed at the
most immediate time.

The doctrine of “non-interference” or doctrine of

“judicial stability” holds that courts of equal and
coordinate jurisdiction cannot interfere with each other’s
orders.
This doctrine applies with equal force to
administrative bodies. When the law provides for an
appeal from the decision of an administrative body to the
Supreme Court or the Court of Appeals, it means that such
body is co-equal with the Regional Trial Court in terms of
rank and statute, and logically beyond the control of the
latter. Note: The Supreme Court en banc is not an
appellate court to which decisions or resolutions of a
division of the Supreme Court may be appealed.

Original and exclusive jurisdiction distinguished

 Original jurisdiction means jurisdiction to take
cognizance of a case at its inception, try it and
pass judgment upon the law and facts.

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