Civil Procedure

Repetition is manner of learning

substatantive - gives us right, Remedial Law- a procedure of ones right,

provides method

We go to Court when we seek redress

Different courts

MTC, MCTC. MTCC Metropolitan Court - 1st level court

Regional Trial Court - 2nd Level - LOWER COURTS/INFERIOR COURT

Court of Appeals - Appealate Court

7691

Supreme Court

We need to understand JURISDICTION to power hear and decide cases.

Jurisdiction confers by substative law

BP 129 took effect 1994

RA 7691

RA 11576

June 30 2021

300k MTC

300k above RTC

in terms of

Title. Real Property depends on Assessed Value 20k not more than MTC more than 20k RTC

RA 11576 collection of money 2M below MTC over 2M RTC

Title to or possession of 400k

Jurisdiction over subject matter

juridiction over person

Person - SUMMON or He voluntary submit himself

Venue

DOCTRINE OF HEIRARCHY OF COURTS

RULES OF COURT sources of Adjective Law/ Remedial Law

May 1, 2020 Revised Rules of Civil Procedure

MTC - rules on Summary Procdure

DRAFT COMPLAINT, ANSWER, REPLY , PRE TRIAL BRIEF, DECISION

JURISDICTION OVER SUBJECT MATTER - September 16 2021

Basic Principle of Jurisdiction

Jurisdiction is determined by the allegation in the complaint and it does not base on the defences, not
by the caption

is it the allegation

Jurisdiction is conferred by law and never by agreement by partis neither by the court

Jurisdction - the issue of jursidiction can be raise at any stage of the proceeding even in the first stage of
the appeal

Reason, if the court does not have a jurisdition it is null and void.

EXCEPTION: TIJAM VS. SIBONGHANOY - ESTOPPEL BY LACHES

hinaluan vs Ca 2009 case

BP 129, amended by: RA 7691 - year 1994 amended by RA 11576 (august 21,2021)

MTC

-> Criminal - 1. Violation of Municipal Ordinances

2. Offenses punishable by imprisonment not exceeding 6 years and 1 day

Civil Cases - 1. Forcible Entry and unlawful detainer v - an action of land owner from DISPOSES- FISTS
( Force, Intimidation, S, Threat, Stealth) File within 1 year

2. Action involving Title to, Possesion to or any interest in Real Property where the aassess
value does not exceed 400,000php

3. Demand, exclusive of damages, interest, atty fee, cost not exceeding 300k (2M)

Regional Trial Court

-> Civil Case 1. those action incapable of pecuniary estimation

2. Action involving Title to, Possesion to or any interest in Real Property where the aassess
value does which exceeds 400,000php

3. Action for Demand, exclusive of damages, interest, atty fee, cost not exceeds 2 million
CIVIL PROCEDURE RULE 1.

1964 Rules of Court

1997 Revised Rule on Civil Procedure

2019 REviced

RULE 1 to RULE 5- 1997

RULE 6 to 35 - 2019

RULE 1 has 6 sections

Section 1 Rules of Court

Section 2 Application in all Rule unless otherwise provided by SC except MTC`s Rules on Summary
Procedue etc.

SEction 3 apply all cases civil and criminal

Civil Action - meaning

Criminal Action -

Special Procedure -

Section 4- in what cases not application , election

Section - Commencement of Action- filing of a complaint

Section 6 0 - construed liberally

RULE 2

Section 1 Cause of Action -

Section 2 define

Elements of Cause od Action

1. Plaintiff has a right

2. Defendant has to duty or obligation the right of the plaintiff

3. Act or omission of the defendant violates the rights - injury

cause of action should be stated in the complaint

if the cause of action is not state cases dismiss - failure to state a cause of action differiate to LACK OF
CAUSE OF ACTION

It can be determine by allegation on the complaint

It can be determine by presentation of evidence - evidentiary in nature

Section 3

Section 4 Splitting of Cause of Action is ground of dismissal

section 5 Joinder

Section 6

RULE 3

Section 1 - Plaintiff one who file and Defendant 1. Juridical person 2. Natural Person 3. Entities
Organized by law

Section 2 - Real Party in Interest who is stands to enjoy avails

Amending the complaint that if wrong real party in interest

IN TERMS OF NON INCLUSION THE COURTY MAY NOT DISMISSED THE CASE

THE COURT HAS TO ADMIT

BUT ORDERS THE PLAINTIFF TO IMPLEAD THE INDESPENSABLE PARTY IF FAILED TO,

THE COURT MAY DISMISS ON THE GROUND OF DISOBEYING A LAWFUL ORDER OF THE COURT.

nessesary party

indespensable party
when we talk about Real Party Interest

Stonehill vs Diokno

poisonous tree is inadmissable

Section 16

Death of party,

HUSBAND AND WIFE MUST SUE JOINTLY

RULE 4

PLACE -

VENUE IS SUBJECT OF AGREEMENT

WHEN IS AN ACTION REAL? - WHEN IT INVOLVES REAL PROPERTY WHERE THE PROPERTY IS SITUATED
THE R

PERSONAL ACTION PERSONAM - PERSONAL RIGHTS IT COULD BE RESIDENCE PLACE OF THE

PLAINTIFF , AT THE ELECTION OF PLAINTIFF

EXECEPTION: EXCLUSIVELY OR MAY WHERE TO FILE

VENUE IS NOT JURISDICTIONAL

VENUE IS MERE RULE OF PROCEDURE

RULES OF PROCEDURE IS WAIVEABLE...

 RULES 6

Section 1 Pleadings

should be written

CLAIMS DEFENSE - *Answer

1. Complaint

2.Counter Claim if not raise its deemed waived that counter claim therefore not allowed to file again.

1. Mandatory Series of Transaction - is incompatible in motion to dismiss

if not raise its deemed waived that counter claim therefore not
allowed to file again.

file in MTC, the defendant has mandatory counterclaim

Motion to dismiss is not answer meaning that the plaintiff has no cause of action.

a. arise out of same series of acts/transaction as subject of the complain

b. it must no need of third person

c. The court has jurisdiction within on the counter claim

2. Permissive if do not raised it is still allowed to file it again.

a. the acts or series of acts/transaction is or not the same

b. it must no need of third person

c. The court has jurisdiction within on the counter claim.

3. Cross Claim - is a writtn statement of a claim

4. Third Party Complaint

5. Complaint-In-Intervention

PLAINTIFF VS DEFENDANT

RULE 7

Parts of A PLEADING

sECTION 1. CAPTION

Republic of the Philippines

RTC

Sixth Judicial Region

Branch 10

Kalibo, Aklan

Title of the Caption refers to the names of the parties

Mylene Bartolome

Plaintiff

vs

Jonh Paul Rollo

Defendant

Civil Case No.

For Recovery of Possesion

lack of jurisdiction - Hinaguran vs. CA

Section 2. The Body

* Allegation of claim/defenses in paragraph

* Relief sought

* Date of the Pleading\

3.Signature and Adress

an unsigned pleading produces no legal effect

4. Verification -

5. Certification againts forum shopping

RULE 8

Section 1. In general. – Every pleading shall contain in a methodical and logical form, a plain, concise

and direct statement of the ultimate facts, including the evidence on which the party pleading relies for

his [or her] claim or defense, as the case may be.

If a cause of action [or] defense relied on is based on law, the pertinent provisions thereof and

their applicability to him or her shall be clearly and concisely stated. (1a)

Section 2. Alternative causes of action or defenses. – A party may set forth two or more statements of a

claim or defense alternatively or hypothetically, either in one cause of action or defense or in separate
causes of action or defenses. When two or more statements are made in the alternative and one of
them

if made independently would be sufficient, thepleading is not made insufficient by the insufficiency of

one or more of the alternative statements. (2)

Section 3 Conditions precedent. is not jurisdictional the action maybe dismiss due pre maturity. If there
is no objection is waived.

we must alleged fraud and mistake should specific particularity

we must be put subtance with actionable documents. Written and original

specific denial under oath if the claim is based on actionable document

if the denial is merely negative without oath

DEFENSE

2 kinds

Negative

Positive

Negative - general denial

Affirmative deg, in general new matters that ad771

1. hypthetically admits the allegation in complaint if it contains new matter in that would bars recovery
the plaintiff/ status of limitation set in/

three affrimative defense

1. Lack of Jurisdiction TIHAM VS SIBUNGHANOY

2. Litis pedentia

3. Res Juridicata

affirmative defense

(a) A negative defense is the specific denial of the material fact or facts alleged in the pleading

of the claimant essential to his or her 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 or her. 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.

Affirmative defenses may also include grounds for the dismissal of a complaint, specifically,

that the court has no jurisdiction over the subject matter, that there is another action

pending between the same parties for the same cause, or that the action is barred by a prior

judgment. (5a)

if the defense is actionable documents and the no answer of the plaintiff is admitted without underoath

if the defendant raise new matters as a defence and the plaintiff make does not any reply the effect is
denied/ deem controverted the

if the defense is actionable documents and the no answer of the plaintiff

RULE 9
Section 1. Defenses and objections not pleaded. – Defenses and objections not pleaded either in a
motion

to dismiss or in the answer are deemed waived. However

Section 3. Default; [d]eclaration of. – If the defending party fails to answer within the time (30 days)
allowed

therefor, the court shall, upon motion of the claiming party with notice to the defending party, and
proof

of such failure, declare the defending party in default,

RULE 8

allegations

logical and methodogical

Section 1. Every pleading shall contain in a methodical and logical form, a plain, concise

and direct statement of the ultimate facts, including the evidence on which the party pleading relies for

his [or her] claim or defense, as the case may be.

ultimate facts, evidence, not conclusion of law.

as to requirements of law

ask this: what is the law applicable

A barrowed money from B in amount of 100k

1. Accion interdictal/injectment

FIST

Force, Intimidation, Stealth, Threat

within 1 year

MTC

2. accion publiciana

more than 1 year

RTC

recovery of possession

3. accion reivindicatoria

RTC

look for applicable

article 434,

recovery of possesion

the property must be identified

and the plaintiff must rely on the strenght of his title

Section 3. Conditions precedent. – In any pleading, a general averment of the performance or

occurrence

of all conditions precedent shall be sufficient.

if the plaintiff and defendant is in the same barangay should be process in barangay first

fraud or false pretenses with particulary. State of Particularity ( the acts)

if the complaint is based on the actionable documents..attched the original ex. that mr. x defendant,
contracted a loan with the plaintiff, attached the promissory note.

2 thing taht plaintiif should

1. 1st must ignored it

2. file a reply, specifically denied under oath.

ex.

specific denial with sincerity and good faith.

REPUBLIC VS SANDINGAN BAYAN

denial but in negative pregrant.

aver new matters... does the plaintiff new reply? no

new matters should be controverted or denied.

set forth defense rule 6 section 5 B

(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 or her. 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.

Affirmative defenses may also include grounds for the dismissal of a complaint, specifically,

that the court has no jurisdiction over the subject matter, that there is another action

pending between the same parties for the same cause, or that the action is barred by a prior

judgment. (5a)
30 years

failure to state the cause of action ground for dismissal

In determining lack of cause of action, evidentiary right up presentation of documents.

affirmative of defenses

1. lack of jurisdiction

2. res juridicata

3. litis pedentia

they are not waivable

30 days

when denied on affrimative defense

prohibited in filing Motion of Reconsideration

if lose, proceed in higher court

because they tend to delay.

RULE 9

Section 1. Defenses and objections not pleaded. – Defenses and objections not pleaded either in a
motion

to dismiss or in the answer are deemed waived. However, when it appears from the pleadings or the

evidence on record that the court has no jurisdiction over the subject matter, that there is another
action

pending between the same parties for the same cause, or that the action is barred by a prior judgment
or

by statute of limitations, the court shall dismiss the claim.

Section 2. Compulsory counterclaim, or cross-claim, not set up barred. – A compulsory counterclaim,

or a cross-claim, not set up shall be barred. (2)

30 days is allow to file an answer

another 30 days to file

If default,

Section 3. Default; [d]eclaration of. – If the defending

party fails to answer within the time allowed therefor,

the court shall, upon motion of the claiming party with

notice to the defending party, and proof of such failure,

declare the defending party in default. Thereupon, the

court shall proceed to render judgment granting the

claimant such relief as his or her pleading may warrant,

unless the court in its discretion requires the claimant

to submit evidence. Such reception of evidence may be

delegated to the clerk of court.

(a) Eff ect of order of default. – A party in default shall

be entitled to notice[s] of subsequent proceedings

but shall not take part in the trial.

RULE 12

Specify the Vagueness per paragraph

RULE 13

FILING AND SERVICE OF PLEADINGS, JUDGMENTS AND OTHER PAPERS

Section 2. Filing is the act of submitting the pleading or other paper to

the court.

Section 3. Manner of filing. – The filing of pleadings and other court submissions shall be made by:

(a) Submitting personally the original thereof, plainly indicated as such, to the court;

(b) Sending them by registered mail; date of filing is the date in the envolope. the envelope is forms part
of the pleading.

(c) Sending them by accredited courier; or

the of filing is the date of filing when brought to courier

(d) Transmitting them by electronic mail or other electronic means as may be authorized by the

[c]ourt in places where the court is electronically equipped..

Service to counsel , service to party

service to client not service to party

Where several counsels appear for one party, such party shall be entitled to only one copy of any

pleading or paper to be served upon the lead counsel if one is designated, or upon any one of them if

there is no designation of a lead counsel. (2a)

Section 19. Notice of lis pendens. – In an action affecting the title or the right of possession of real

property, the plaintiff and the defendant, when affirmative relief is claimed in his or her answer, may

record in the office of the registry of deeds of the province in which the property is situated a notice

of the pendency of the action. Said notice shall contain the names of the parties and the object of the
action or defense, and a description of the property in that province affected thereby. Only from the
time

of filing such notice for record shall a purchaser, or encumbrancer of the property affected thereby, be

deemed to have constructive notice of the pendency of the action, and only of its pendency against the

parties designated by their real names.

The notice of lis pendens hereinabove mentioned may be cancelled only upon order of the court,

after proper showing that the notice is for the purpose of molesting the adverse party, or that it is not

necessary to protect the rights of the party who caused it to be recorded. (14a)

RULE 14

SUMMONS

summons must be validly served

if the summon

RULE 15

A motion is an application for relief other than by a pleading.

The motion in oras shall be resolved orally and oppostion shall argue orally

2 motion

1.litigous motion

2. non Litigous Motions - which the court may act upon without prejudicing the rights
of adverse parties

a) Motion for the issuance of an alias summons;

b) Motion for extension to file answer;

c) Motion for postponement;

d) Motion for the issuance of a writ of execution; - the rights of the party have been determined

e) Motion for the issuance of an alias writ of execution;

f) Motion for the issuance of a writ of possession;

g) Motion for the issuance of an order directing the sheriff to execute the final certificate of

sale; and

h) Other similar motions.

Litigious motions. – (a) Litigious motions include: if theres still controversy

1) Motion for bill of particulars; the motion that requires others to do something

2) Motion to dismiss;

3) Motion for new trial;

4) Motion for reconsideration;

5) Motion for execution pending appeal;

6) Motion to amend after a responsive pleading has been filed;

7) Motion to cancel statutory lien;

8) Motion for an order to break in or for a writ of demolition;

9) Motion for intervention;

10) Motion for judgment on the pleadings;

11) Motion for summary judgment;

12) Demurrer to evidence;

13) Motion to declare defendant in default; and

14) Other similar motions.

effect: will determined the action of court if the action non litigous, court should act within 5 days

if litigous must within 5 days

ligitous motion must serve in personal within 5 days.

proof service

affidavit of the person who made the service personally

mail- affidavit of service person who mailed.

personal service admit,

the opposing party has 5 days to file for opposition to a litigous motion, no other court submission shall
allowed

the court shall resoved within 15 days from its receipt

Section 7. Proof of service necessary. – No written motion shall be acted upon by the court without
proof

of service thereof, pursuant to Section 5(b) hereof. (6a)

Section 9. Omnibus motion. – Subject to the provisions of [S]ection 1 of Rule 9, a motion attacking a

pleading, order, judgment, or proceeding shall include all objections then available, and all objections

not so included shall be deemed waived. (8a)

grounds to dismis

1. res juridicata

2. lack of jurisdition

3. les peditia

4. statu of limitation or prescrition

Section 12. Prohibited motions. – The following motions shall not be allowed:

(a) Motion to dismiss except on the following grounds:

1) That the court has no jurisdiction over the subject matter of the claim;

2) That there is another action pending between the same parties for the same cause; and

3) That the cause of action is barred by a prior judgment or by the statute of limitations;

(b) Motion to hear affirmative defenses;

(c) Motion for reconsideration of the court’s action on the affirmative defenses;

(d) Motion to suspend proceedings without a temporary restraining order or injunction issued by

a higher court;

(e) Motion for extension of time to file pleadings, affidavits or any other papers, except a motion

for extension to file an answer as provided by Section 11, Rule 11; and

(f) Motion for postponement intended for delay, except if it is based on acts of God, force majeure

or physical inability of the witness to appear and testify. If the motion is granted based on

such exceptions, the moving party shall be warned that the presentation of its evidence must

still be terminated on the dates previously agreed upon

Affirmative defenses

kinds of dismissal

Section 13. Dismissal with prejudice. – Subject to the right of appeal, an order granting a motion to
dismiss or an affirmative defense that the cause of action is barred by a prior judgment or by the statute

of limitations; that the claim or demand set forth in the plaintiff’s pleading has been paid, waived,

abandoned or otherwise extinguished; or that the claim on which the action is founded is unenforceable

under the provisions of the statute of frauds, shall bar the refiling of the same action or claim. (5, R16)

with prejudice cannot refile - res judicata

remedy - appeal

without prejudice can refile

RULE 17

DISMISSAL OF ACTIONS

the plaintiff may cause the dismissal by filing a notice of dismissal in court. requirement the defendant
must not yet file an answer.

notice of dismissal

effect if its twice: two dismissal rule: what is the two dismissal rule

the defendant file an answer:

yes, motion of leave of court to dismiss the case, if the motion of leave is greanted...without prejudice
if the answer of the defendant has a counterclaim. communicate by defendant 15 days

same action or separate action.

Section 3. Dismissal due to fault of plaintiff. – If, for no justifiable cause, the plaintiff fails to appear

on the date of the presentation of his or her evidence in chief on the complaint, or to prosecute his or

her action for an unreasonable length of time, or to comply with these Rules or any order of the court,

the complaint may be dismissed upon motion of the defendant or upon the court’s own motion, without

prejudice to the right of the defendant to prosecute his or her counterclaim in the same or in a separate

action. This dismissal shall have the effect of an adjudication upon the merits, unless otherwise declared

by the court. (3a)

Non prosequitor - failure to prosecute for unreasonblae length of time.

failure to plaintiff to obey the court.

ground for dismissal

the court shall state with or without prejudice

unless stated by the court is with prejudice