Civil Procedure Riano Reviewer 2013400059 1

Chapter 1
General Principles
I.

Introduction to Ordinary Civil Actions

by the defendant
No right of action where there is no cause of action.
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1. Complaint
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Filing of a complaint gives life to procedural rules and

triggers their application which civil action is
commenced
First pleading filed with the court by the party called
the plaintif
Primary purpose of pleading: sue another for the
enforcement or protection of a right or prevention of
a wrong
Means by which the plaintiff apprises the adverse
party, called the defendant, of the nature and basis
of the claim

A. Right of action and cause of action

Right of Action
Right to file a suit
Procedural in character
Consequence of the violation
of the right of the plaintiff

Cause of Action
Refers to an act or omission
by which a party violates the
rights of another
Substantive law applies legal
basis for cause of action
Involves right of a plaintiff
and a violation of this right

Even if plaintiff has a legitimate cause of action he is

precluded by the Rules of Court from instituting more
than one suit for a single cause of action.
Cannot split a single cause of action into several
parts and make each part the subject if a separate
complaint

B. Jurisdiction
- if there is a cause of action, lawyer starts the
preparation of the complaint.
- Before doing so, the lawyer should determine the
court that should take cognizance of the action
- Filing in the wrong jurisdiction: ground for dismissal
of complaint either upon proper motion by adverse
party or upon courts own motion (motu propio)
- Jurisdiction over the subject matter: not found in the
ROC because it is a matter of substantive law and
not procedural
C. Venue
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court with the appropriate jurisdiction having been

determined, counsel, then goes on to determine the
place where the action is to be filed.