CIVPRO MIDTERMS MEMORY CHEAT SHEET

HOW TO ACQUIRE JURISDICTION OVER THE

PERSON:
1. Service of summons
2. Voluntary appearance
3. Voluntary submission
4. Filing of complaint
EXTRATERRITORIAL SERVICE (14.15)
1. Defendant does not reside and is not found in the
Philippines
2. Action affects the personal status of the plaintiff or
relates to
3. The subject of which is property within the PH, in
which the defendant has or claims a lien/interest,
actual/contingent
4. In which the relief demanded consists, wholly or in
part, in excluding the defendant from any interest
therein
5. Property of defendant has been attached in the
Philippines
Service of summons may be effected
1. By personal service under 14.6
2. By publication in a NGC in such places and for such
time as the court may order, in which case a copy of
the summons and the order of the Court shall be sent
by registered mail to the last known address of the
defendant
3. In any other manner the Court may deem sufficient
Any order granting such leave shall specify a reasonable
time, which shall not be less than 60 days after notice,
within which the defendant must answer
JURISPRUDENCE on DOCKET FEES
GR: If you do not pay correct DF, no JD (Manchester, 1987)
Exception:
1. Sun Insurance
a. Not prescribed
b. No bad faith (CB v. CA)
JOINDER of PARTIES/CAUSES of ACTION

2.5: A party may in one pleading assert, in the alternative or

otherwise, as many causes of action as he may have against
an opposing party, subject to the following conditions:
a. The party joining the causes of action shall comply with
the rules on joinder of parties (arising out of the same
transaction or series of transaction; common questions of
fact and law)
b. Joinder shall not include SCA or actions governed by
special rules
c. Where COA are between same parties but pertain to
different venues or JDs, the joinder may be allowed in the
RTC provided one of the COAs falls within the JD of said
court and the venue lies therein;
d. Where the claims in all the COAs are principally for the
recovery of money, the aggregate amount claimed shall be
the test of JD
JURIDICAL CAPACITY
Minority: Acts would be voidable
Insanity: Void
Alienage: No such thing anymore
Natural persons: Have JC acquired through birth and lost
through death
Juridical persons: Have JC granted by NCC 44; 37 applies
only to natural persons
Can a barangay sue and be sued? YES
Intl labor organization? YES
Political parties? Yes
Cooperatives? Yes, if registered
JURIDICAL PERSONS
Churches? Yes (Barlin v. Ramirez)
Estate? Yes Limjoco v. Estate of Fragante
School? Yes (Chiang Kai Shek v. CA)
Minor? Yes (Art. 37)
Insane? Yes (37-38)
Imbecile? Yes (37-38)
Spouses? YES, limited by 3.4
Grounds for Annulment under Rule 47 (Orbeta v. Sendiong)
1. Lack of jurisdiction over subject matter and/or person
2. Extrinsic fraud

3. Lack of due process

To reconcile Limos v. Odonez and Orbeta v. Sendiong:
Non-joinder of indispensable parties not a ground for
dismissal if the judgment is not final. If there is not
judgment yet, the casie is pending, and non-joinder is not a
ground for dismissal of the action. (Limos v. Odonez)
If judgment is final, failure to implead IP renders judgment
null and void (Orbeta v. Sendiong)
REPRESENTATIVE PARTIES:
1. Trustee in an express trust
2. Guardian
a. General
b. GAL
3. Executor
4. Administrator
5. Party authorized by law or the rules
REQUISITES for LIBEL
1. Identity of party sued
2. If it pertains to a group, statements must be so
sweeping that it clearly identifies someone defamed
REQUISITES of DERIVATIVE SUIT
1. Nominal party filing suit is a shareholder
2. Exhaust all administrative remedies under articles of
incorporation
3. Appraisal rights not available to the plaintiff
4. =/= nuisance/harassment suit
5. Cause of action must belong to the corporation
6. Corporation must be impleaded as defendant
Stockholders are nominal parties because the corporation is
the RPI, it has a COA.
REQUISITES of a CLASS SUIT
1. 100+ plaintiffs
2. Class suit
a. Causation = transaction
b. Defenses = common questions of fact and law
3. Right of intervention anybody can intervene
Why cant an individual stockholder sue?
1. SH has no title legal/equitable to the property of the
corporation =/= no COA

2. Prior right of creditors may be prejudiced

3. Filing of suits would conflict with duty of management
to sue for protection of all concerned
4. Wasteful multiplicity of suits
5. It would involve confusion in ascertaining the effect of
partial recovery by an individual on the damages
recoverable by the corporation for the same act
6. Judgment will be binding in the corporation
7. Res judicata, judgment will be res judicata against it
DEFENSES
1. Negative defense: specific denial of the material fact
or facts alleged in the pleading of the claimant
essential to his cause or causes of action
2. Affirmative defense: allegation of a new matter
which, while hypothetically admitting the material
allegation in the pleading of the claimant, would
nonetheless prevent or bar recovery by him
Negative pregnant: When a denial is limited to a denial of
the modifier but not the fact
OTHER REQUIREMENTS IN THE PLEADINGS:
1. Roll of Attorneys #
2. PTR #
3. IBP #
4. MCLE Compliance/Exception
REMEDIES under Cerezo v. Tuazon
1. Appeal
2. Certiorari (60 days from service of interlocutory
order)
3. Motion to lift order of default (9.3[c])
4. Motion for new trial (to be pleaded within the period
to appeal)
5. Petition for relief from judgment (R38)
a. 60 days from knowledge
b. 6 months from entry of judgment and final
order
6. Petition for annulment of judgment (R47)
IN REM ACTIONS (Licaros v. Licaros)
Affecting personal status

1. Actions for recognition of legitimacy

2. Action for legal separation
3. Annulment
Affecting property
1. Original registration of land
2. Settlement of estate
3. Maritime/admiralty
A.M. No. 11-3-6-SC
1. Personal service
2. Publication once, registered mail
3. Facsimile/any recognized electronic means that could
generate proof of service
4. By such other means as the Court may in its discretion
direct

REQUISITES for RES JUDICATA:

1. Former judgment or order must be final
2. Must be a judgment or order on the merits
3. Must have been rendered by a court having
jurisdiction over the subject-matter and the parties
4. Identity of parties, subject-matter and COA
REQUISITES
1. Identity
2. Identity
3. Identity

of LP
of parties
of subject matter
of COA