I. BASICS the parties.

NOT affected by Affected by

COMPLAINT
affirmative defenses affirmative defenses
The Rules of Civil Procedure will come into Involves a right of The RIGHT of action
play only with the filing of a complaint or in the plaintiff and a which is procedural
some proceedings, a petition. violation of such in character, is the
right by the consequence of the
The Complaint is the first pleading filed
defendant. violation of the right
with the court by a party called the
of the plaintiff.
PLAINTIFF. The primary purpose of this Without them, there
pleading is to appraise the adverse party , can be no CAUSE of
called the DEFENDANT of the nature and Action and without
the basis of the claim. this cause of action
there would be no
A. CAUSE of Action vs RIGHT of Action
right to file a suit
Before filing the complaint, the lawyer against the
initially determines whether or not his defendant
client, the plaintiff has a CAUSE OF
ACTION against the defendant based on the
provisions of substantive law. There is no RIGHT of Action where there is
no CAUSE of Action.
Cause of Action Right of Action
B. Jurisdiction, venue and parties,
Delict or wrongful Remedial right or
prescription and conditions precedent
act or omission right to relief
committed by the granted by law to a If a cause of action exist, the lawyer starts
defendant in party to institute an considering the preparation of the
violation of the action against a complaint. He should Determine:
primary rights of the person who has
plaintiff. committed a delict 1. JURISDICTION: filing the complaint
or wrong against in the wrong court is a ground for a
him. motu proprio dismissal of the same.

The Reason for the The Remedy or 2. VENUE: the place where the action
action means afforded or is to be filed.
the consequent
relief. 3. WON his client, the plaintiff, is a
REAL PARTY IN INTEREST: the
The formal The remedial right plaintiff must allege ownership of a
statement of given to a person right violated by the adverse party.
operative facts that because of the
gives rise to occurrence of the 4. The DEFENDANTS to be impleaded :
remedial right. alleged facts. as a rule, a suit can be commenced
only against one averred to have
A matter of A matter of right and violated the plaintiff’s rights.
procedure and depends on
depends on the substantive law. 5. WON the action is barred by the
pleadings filed by STATUTE of LIMITATIONS: if it is,

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 then the right of action has ceased.
Prescription is a ground for the
dismissal of the complaint.
Moreover, it is a mode of
extinguishment of a legal obligation.
6. WON the action requires the
performance of CONDITION
PRECEDENTS: (ex: Barangay
Conciliation Proceedings)
compliance of condition precedents
is NOT sufficient, it must also be
alleged in the complaint.
C. Preparation of the Complaint
1. The complaint is a statement of the
ultimate facts only. Evidence has its
own place in the trial, not in a
pleading.
2. The complaint must specify the
reliefs sought although a general
prayer for the reliefs sought is also
allowed by the rules. The nature of
the cause of action is primarily
determined by the allegations in the
body of the complaint and not by
the prayer.
3. It must be dated and signed by the
party or his counsel. An unsigned
pleading produces no legal effect.
4. The signature of the counsel
constitutes a certificate by him that
he has read the pleading, that to the
best of his knowledge, information
and belief, there are good grounds to
support it and that it is not
interposed for delay.
5. It must designate the address of the
party or counsel.
6. The general rule is that a pleading
need not be verified unless a
verification is required by law or a
particular rule.
7. The complaint and other initiatory
pleading must contain a certification
against forum shopping where the
PLAINTIFF (not counsel) certifies
that he has not commenced any
action or filed any claim involving
the same issues in any other
tribunal. Failure to comply is a
ground for dismissal of the
complaint upon motion and hearing.
8. Depending on the nature of the
action, the plaintiff may avail of any
of the provisional remedies like
preliminary attachment, preliminary
injunction, receivership, replevin or
support pendente lite.
D. Filing of the Complaint
1. Filing is the act of presenting the
complaint before the clerk of court.
2. Filing must be accompanied by the
payment of the requisite docket and
filing fees. Without payment, the
complaint is not considered filed.
(this rule was however, relaxed by
the Supreme Court in some cases in
which payment of the fee within a
reasonable time BUT NOT beyond
the prescriptive period was
permitted)
3. The same is true even on Appeal. A
court acquires jurisdiction over the
subject matter of the action only
upon the payment of the correct
amount of docket fees regardless of
the actual date of filing of the case
in court.
4. Upon filing and payment of the
prescribed docket fees, the action is
deemed COMMENCED. The court
then acquires jurisdiction over the
person of the plaintiff and the
running of the prescriptive period
for the action is tolled .
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 complaint.

E. Dismissal of the Action by the Alternative Remedies

Plaintiff of the Defendant
(whether his
By NOTICE of By MOTION to counterclaim is
dismissal dismiss Compulsory or
Permissive)
A matter of right Subject to the
discretion of the 1. Prosecute his
court counterclaim
Made before the Made after the in a separate
service of the answer service of the answer action
or a motion for or a motion for
2. To have the
summary judgment summary judgment
same
General Rule: General Rule: resolved in
dismissal is without dismissal is without the same
prejudice. prejudice. action

Exp: Exp:

1. Where notice 1. When F. Amendment of the Complaint

of dismissal otherwise
By NOTICE to By MOTION to
so provides stated in the
Amend Amend
motion to
2. Two dismiss A matter of right Subject to the
Dismissal before a discretion of the
Rule : where 2. When stated RESPONSIVE court after a
the plaintiff to be with PLEADING is RESPONSIVE
has prejudice in SERVED, or in case PLEADING is
previously the order of of a REPLY, within SERVED and when
the court 10 days after it was such amendment is
dismissed
SERVED. Such substantial.
the same rights can only be
case in a exercised ONCE.
court of
competent Subsequent
jurisdiction amendments should
be made only by
If a counterclaim leave of court even if
has been pleaded by the other party has
not yet served a
the defendant PRIOR
responsive pleading
TO THE SERVICE
upon him of the
plaintiff’s motion for
dismissal, the Q: May the plaintiff amend his complaint as
dismissal shall be a matter of right even after a motion to
limited to the dismiss has been served?

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A: YES. A motion to dismiss is not a
responsive pleading. An amendment after
the denial of a motion to dismiss is still
considered as a matter of right.
Instances when amendment by leave of
court may not be allowed.
1. When Cause of Action, Defense or
Theory of the Case is changed;
2. Amendment is intended to confer
jurisdiction to the court;
3. Amendment to cure a premature or
non-existing cause of action; and
4. Amendment for purposes of delay
Amendment by Implication: when issues
not raised in the pleadings are tried with
the express or implied consent of the
parties as when no objection is interjected
on the evidence offered on a matter not
raised in the pleadings. Such issues shall
be treated as if they had been raised in the
pleadings.
Outline of Civil Litigation Process
Complaint
Summons
Answer
Pre-Trial
Trial
Judgment
Post Judgment Remedies
Execution
SUMMONS
Summons: the writ by which the defendant
is notified of the action brought against
him.
Filing of Complaint and payment of
required legal fees clerk of court shall
issue summons to defendant
note: attached to summons is a copy of
complaint.
Modes of Service of Summons
1. Served upon the defendant in
person
2. Substituted Service
3. Summons by Publication
note: subject to certain exceptions, the long
standing rule is that summons by
publication is not a recognized mode of
service for the purpose of acquiring
jurisdiction over the person of the
defendant.
Jurisdiction over the Parties
1. Plaintiff: acquired upon filing of the
complaint.
2. Defendant (Civil Case):
a. service of summons
b. voluntary appearance
3. Accused (Criminal Case):
a. valid arrest
b. voluntary submission to
the authority of the
court
Gen Rule: the court may not motu proprio
dismiss a case.
Exp:
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 1. Lack of jurisdiction over the subject
matter
2. Litis Pendencia
3. Res Judicata
4. Prescription

ANSWER

Answer: gives notice to the plaintiff as to

which allegations in the complaint he
decides to contest and thus, put in issue. It
contains negative and affirmative defenses. 1. Complaint
2. Counterclaim
DEFENDANT
3. Cross-claim
4. Third-party Complaint (at the
instance of the original party)
1. Files an Answer BUT failed to specifically 5. Complaint-in-intervention
deny the material allegations

Material allegations are deemed admitted

Answer is deemed to fail to tender an issue

Plaintiff may file a motion for a judgment on

the pleadings. Since there are no triable
issues, no trial is necessary

2. Fails to file an Answer

Plaintiff entitled to file a motion to declare

defendant in default

When granted, defendant loses his standing in

court

Court may proceed to render judgment based on

the complaint OR

Court may require the Plaintiff to submit

evidence on his behalf

hjgjg

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