CIVIL PROCEDURE redress for their violations.

By: Luis Raphael Capulong

Reference: Civil Procedure by Dean Willard Riano
Chapter 1: General Principles
I. REMEDIAL LAW AND THE RULES OF COURT
Ex:
- Under the Civil Code, those who in the performance of
their obligation are guilty of fraud and negligence are
liable for damages in favour of the aggrieved person.
(Art. 1170, New Civil Code)

Concept of Remedial Law
- It refers to the rules which provide the system for the
protection of rights, the prevention of the violation of
such rights, and the means of redress for such violations.
- The rules of remedial law provide methods for the
enforcement of obligations recognized by law and lay
out the procedure by which suits are filed, tried, and
decided upon by the courts of justice.
- It provides the means and methods whereby causes of
means and methods whereby causes of action may be
effectuated, wrongs redressed and relief obtained.
- The Rules of Court, promulgated by the Supreme Court
is the main source of remedial law.
- Other sources of remedial law:
a. Circulars and Administrative Issuance of the Supreme
Court.
The provision clearly states a right to damages on the
party of the victim of fraud or negligence which
constitutes the Substantive Law.
The means by which the damages may be obtained from
the offender are laid down in Remedial Law specifically
Civil Procedure.
Major Aspects of Remedial Law
a. Civil Procedure
b. Criminal Procedure
c. Special Proceedings
d. Evidence
e. Special Rules of Procedure emanating from various
circulars issued by the Supreme Court
Scope of Civil Procedure in Rules of Court
a. Ordinary Civil Actions (Art. 1-56)
b. Provisional Remedies (Rules 57-61)
c. Special Civil Actions (Rules 62-71)

b. Some Procedural Rules are embodied in the provision Note:

of the Philippine Constitution.
c. Statutes passed by the legislature.
Substantive Law v. Remedial Law
Substantive Law Remedial Law
- It creates, defines, and - It does not create rights
regulates rights and duties or obligation but lays
concerning life, liberty or down the methods by
property which the rights and
obligations arising from
substantive law are
protected, enforced and
given effect.
- It is also known as
adjective law, prescribes
the practice, method and
procedures by which
substantive law is enforced
and made effective.
- It is the aspect of law
which provides a method
for enforcing rights,
preventing the violation of
such rights and obtaining
- Rules of Court has reference to the body of rules
governing pleading, practise and procedure promulgated
by the S.C pursuant to its rule-making powers under the
constitution.
- They are not laws because they did not originate from
the legislature. On the other hand, since they are
promulgated by authority of law, they have force and
effect of law if not in conflict with positive law.
- The rules are subordinate to statutes, and in case of
conflict, the statute will prevail.
Prospective Effect of the Rules of Court
1.
- The rules embodied in the Rules of Court are not penal
laws and are not to be given retroactive effect.
2.
- The rules shall govern cases brought after they take
effect, and also all further proceedings in cases then
pending, except to the extent that in the opinion of the
court, their application would not be feasible or would
work injustice, in which event the former procedure shall
apply.
Note:
- Rules of procedure however, may be made applicable
to actions pending and undetermined at the time of their
passage, and are deemed retroactive in that sense and to
that extent.
-Rule 144 expressly makes the rules under the Rules of
Court applicable to “further proceedings in cases then
pending” when the Rules of Court took effect.
Ex:
- The court applied in Neypes v. CA which standardized
the period for appeal by allowing a ‘fresh period’ of 15
days within which to file the notice of appeal in the
Regional Trial Court, counted from receipt of the order
dismissing a motion for a new trial or motion for
reconsideration.
Being procedural in nature, Neypes case is deemed to be
applicable to actions pending and undetermined at the
time of its effectivity and is thus retroactive in that sense
and to that extent”
When procedural rules do not apply to pending
actions
(a) Where the statute itself or by necessary implication
provides that pending actions are excepted from its
operation;
(b) If applying the rule to pending proceedings would
impair vested rights;
(c) When to do so would not be feasible or would work
injustice; or
(d) If doing so would involve intricate problems of due
process or impair the independence of the courts (Tan v.
Court of Appeals, 373 SCRA 524, 537)
Applicable actions or proceedings
- The Rules of Court shall govern the procedure to be
observed in civil actions, criminal actions, and special
proceedings (Sec.3 Rule 1, Rules of Court)
- It shall apply in all courts, except as otherwise provided
by the Supreme Court (Sec. 2, Rule 1, Rules of Court).
Scope of Civil Procedure in the Rules of Court
- Sec. 4, Rule 1 of the Rules of Court clearly provides
that the Rules shall not apply to the following cases:
(a) Election Cases;
(b) Land Registration Cases;
(c) Cadastral Cases;
(d) Naturalization Cases;
(e) Insolvency Proceedings
Note:
- The Rules may, however, apply to the above cases and
not totally prohibited. The Rules may apply in the above
cases by:
(a) Analogy or
(b) In a suppletory character and whenever practicable and
convenient (Sec. 4, Rule 1, Rules of Court).
- It has been held that the Rules on Procedure imposed in
judicial proceedings are unavailing in cases before
administrative bodies or quasi-judicial bodies and therefore,
not bound by the technical niceties of law and procedure
and the rules obtaining in the courts of law such as Rules in
Evidence which does not require them to adhere to the
technical rules of procedure in the presentation of evidence.
Ex:
a. COMELEC
b. Board of Medicine
- Jurisprudence states that judicial rules of procedure do not
apply to non-judicial proceedings such as labor disputes.
- Technical Rules of Procedure are not applicable in Labor
Cases, but may apply only but analogy or in a suppletory
character, as when there is a need to attain substantial
justice and an expeditious, practical and convenient
solution to a labor problem.
Ex:
a. According to jurisprudence the argument that mere
affidavits without presenting the affiants are considered
hearsay in court proceedings cannot be invoked in Labor
Cases for such rule does not apply in administrative bodies
such as the NLRC where decisions may be reached on the
basis of position paper.
b. According to the rules of court, admitting documentary
evidence not formally offered as evidence in the Trial Court
is prohibited under Se.34 of Rule 132 which states that only
evidence formally offered shall be considered by the court
and that such formally offered shall be considered by the
court and that such formal offer is made in the trial court
and not in the first time in the appellate court but this rule
does not apply to cases involving petition for naturalization.
c. According to jurisprudence, the submission of mere
photocopies in a quasi-judicial proceeding involving issues
in intellectual property is meritorious since quasi-judicial
and administrative bodies are not bound by the technical
rules of procedure and that technicalities should never be
used to defeat the substantive right of a party and every
litigant should be afforded the opportunity for the proper
and just determination of his cause, free from constraints
and technicality.
The need to follow fundamental evidentiary rule
- While Administrative and Quasi-Judicial bodies are not
bound by the technical rules of procedure, this rule cannot
be taken as a license to disregard fundamental evidentiary
rules. Hence, the decision of Administrative and Quasi-
Judicial bodies and the evidence it relies upon must at the
very least substantial.
II. RULE-MAKING POWER OF THE COURT
Constitutional Authority to Promulgate Rules
1.
- The Supreme Court has the power to promulgate rules
concerning the protection and enforcement of constitutional
rights, pleading, practice, and procedure in all courts, the
admission to the practice of law, the integrated bar, and
legal assistance to the under-privileged. Such rules shall
provide a simplified and inexpensive procedure for the
speedy disposition of cases, shall be uniform for all courts
of the same grade, and shall not diminish, increase, or
modify substantive rights. Rules of procedure of special
courts and quasi-judicial bodies shall remain effective
unless disapproved by the Supreme Court (Sec. 5, Art.
VIII, Constitution of the Philippines)
2.
- According to jurisprudence, the rule-making power of the
Court has expanded. The Court for the first time, was given
the power to disapprove rules of procedure of special courts
and quasi-judicial bodies. But most important, the 1987
Constitution took away the power of Congress to repeal,
alter or supplement rules concerning pleading, practice and
procedure. In fine, the power to promulgate rules of
pleading, practice and procedure is no longer shared by the
Court with Congress, more so with the executive. It has the
sole prerogative to amend, repeal, or even establish new
rules for a more simplified and inexpensive process, and
the speedy disposition of cases.
3.
- According to jurisprudence, other branches of government
are said to trespass upon the rule-making power of the
Supreme Court if they enact laws or issues orders that
effectively repeal, alter or modify any of the procedural
rules promulgated by the court.
Ex:
a. The Supreme Court declared Sec.14 of RA 6770 as
ineffective because it prohibits courts, except the S.C from
issuing a writ of injunction to delay an investigation of the
Ombudsman, unless the subject matter of the investigation
is outside of its jurisdiction.
It held that the authority of a court to issue injunctive writs
is embodied in Rule 58 of the Rules of Court and is part of
its inherent power to issue all auxiliary writs and other
means necessary to carry its jurisdiction into effect under
Sec.6 of Rule 135 of the same rules.
b. The court struck down the 4th Par. of Sec. 27, RA 6770
and declaring it unconstitutional. It states that decisions or
orders of the ombudsman may be appealed to the S.C. by
filing a petition for certiorari within 10 days from receipt of
the written notice of the order, directive or decision or
denial of the motion for reconsideration in accordance with
Rule 45 of the Rules of Court.
To sum it up, the said provision increased the appellate
jurisdiction of the Supreme Court.
The Court held that it is a violation of the Sec.30 Art. VI of
the Constitution which states that “No law shall be passed
increasing the appellate jurisdiction of the Supreme Court
as provided in this Constitution without its advice and
concurrence” Furthermore, the provision is inconsistent
with Sec.1, Rule 45 of the 1997 Rules of Procedure which
applies only to areview of judgements or final orders of the
C.A., R.T.C., or other courts authorized by law. The said
rule does not apply to a review of judgements or finals
orders of quasi-judicial agencies, such as the Office of the
Ombudsman.
c. According to Jurisprudence, the S.C. ruled that the
cooperative code cannot provide for rules on summons and
service processes which are contrary to those provided
under the Rules of Court.
Hence, summons in civil, criminal, or special proceedings
is a matter of procedure which cannot be replaced by the
Cooperative Code.
Limitations on the Rule-Making power of the Supreme
Court as imposed by the Constitution:
1.
- The rule shall provide a simplified and inexpensive
procedure for the speedy disposition of cases.
2.
- The rule shall be uniform for courts of the same grade.
3.
- The rule shall not diminish, increase, or modify
substantive rights (Sec. 5, Art. VIII of the Constitution)
Power to amend and suspend the rules
1.
- According to jurisprudence, the S.C has the power to
amend, repeal or even establish new rules for a more
simplified and inexpensive process, and speedy disposition
of cases. It is also invested with the power to suspend the
application of the rules of procedure as a necessary
complement to its power to promulgate the same.
2.
- According to jurisprudence, the courts have the power to
relax or suspend technical or procedural rules or to except a
case from their operation when compelling reasons so
warrant or when the purpose of justice requires it.
What constitutes a good and sufficient cause that would
merit suspension of the rules is discretionary upon the
courts.
3.
- The power to suspend technical rules is observed to be
broader and more pervasive when exercised by the S.C.
Ex:
a. The rule that when a decision becomes final, the same
can, and should never be disturbed which is grounded on
the principle of public policy and sound practice that at the
risk of occasional error, the judgement of courts must
become final at some definite date fixed by law.
Despite the stated principle, the power to suspend or even
disregard rules can be so pervasive and compelling as t
alter even that which the court itself had already declared to
be final.
4.
- According to jurisprudence, the power to suspend rules or
relax the application of such rules has been exercised in
criminal cases.
Ex:
a. In Sec. 23, Rule 119 of the Rules of Court, an order
denying a demurrer to evidence shall not be reviewable by
certiorari or appeal to judgement.
Contrary to the abovementioned, jurisprudence allowed
such petition of certiorari to prosper by the Supreme Court
Due to the abused of discretion committed by the
Sandigandbayan and setting aside its decision.
The S.C declared in such case that exercise of this power to
correct grave abuse of discretion amounting to lack or
excess jurisdiction on the part of any branch or
instrumentality of the government cannot be thwarted by
the Rules of Procedure to the contrary or for the sake of
convenience of one side.
b. Sec.7, Rule 114, Rules of Court states that a person
charged with an offense punishable by Reclusion Perpetua
or Life Imprisonment shall not be admitted bail when
evidence of guilt is wrong.
Contrary to the abovementioned provision, the S.C. granted
bail to the accused despite his crime, not on the basis of
evidence but because of the accused’s age and fragile
health, but it was guided by the principal purpose of bail
which is to guarantee the appearance of the accused at the
trial, but also by what the Court described as the “National
commitment to uphold the fundamental human rights as
well as the value and dignity of every person”
5.
- According to jurisprudence, some of the important factors
that would warrant suspension of the Rules of Court are the
following;
a. The existence of special or compelling circumstances
b. The merits of the case
c. A cause not entirely attributable to the fault or negligence
of the party favoured by the suspension of rules.
d. A lack of any showing that the review sought is merely
frivolous and dilatory
6.
- According to jurisprudence, the court could take
cognizance of a petition despite procedural infirmities, such
as lack of locus standi. Procedural technicalities could be
waived by the court in the exercise of its discretion, if there
is a need to resolve a constitutional issue of transcendental
importance.
Ex:
a. A petition challenging the constitutionality of the manner
by which the president of the Philippines makes
appointments to the judiciary.
7.
- According to jurisprudence, it is consistently held that
litigations should, as much as possible, be decided on the
merits and not on technicalities.
It is done by the court to prevent miscarriage of justice
Ex:
a. The Court allowed the perfection of an appeal despite the
delay of 6 days, since the Republic stands to lose hundreds
of hectares of land.
b. The Court suspended the rule that a motion for extension
to time to file a motion for reconsideration in the C.A. does
not toll the 15 day period to appeal. The court did such act
since, the fault was not entirely attributable to the petitioner
and there was lack of any showing that the review sought is
merely frivolous and dilatory,
Pro Hac Vice Rule
- It a Latin term which means “for this one only”
-. Pro Hac Vice Rule is applicable in certain exceptional
circumstances, when a procedural rule was suspended by
the Court in a particular case, the decision therein cannot be
relied on as precedent since the ruling is for that particular
case only or Pro Hac Vice.
The Rule on Liberal Construction
1.
- Construction. — These Rules shall be liberally construed
in order to promote their objective of securing a just,
speedy and inexpensive disposition of every action and
proceeding. (Sec.6, Rule 1 of the Rules of Court)
2.
- While jurisprudence recognizes the importance of
procedural rules in insuring the effective enforcement of
substantive rights through the orderly and speedy
administration of justice, the law abhors technicalities that
impede the cause of justice.
Hence, the higher objective of procedural rules is to ensure
that the substantive rights of the parties are protected.
Litigations should, as much as possible, be decided on the
merits and not on technicalities.
3.
- According to jurisprudence, matters of procedure take a
backseat when issues of substantial or transcendental
importance are present.
The rule on Liberal Construction involves the relaxation of
procedural rules when their rigid application would hinder
substantial justice because the rules of procedure are mere
tools designed to facilitate the attainment of justice. Their
strict and rigid application especially on technical matters,
which tends to frustrate rather than promote substantial
justice, must be avoided.
Exceptions to the General Rule on compliance with
Procedural Rules:
- According to jurisprudence, invocation of substantial
justice is not a magical incantation that will automatically
compel the court to suspend procedural rules.
- Procedural rules are not to be belittled or dismissed
simply because their non-observance may have resulted in
prejudice to a party’s substantive rights.
- The phrase “in the interest of justice” is not a magic wand
that would automatically compel the suspension of
procedural rules.
General Rule:
- Compliance with the Procedural Rules
Exception:
- Most exceptional cases
 The parties praying for liberal interpretation of the
rules must be able to hurdle the heavy burden of
proving that they deserve an exceptional treatment.
III. NATURE OF THE PHILIPPINE COURTS
Courts of law and equity; Application of Equity
Jurisdiction
1.
- According to jurisprudence, Philippine Courts are courts
of both law and equity. Hence, both legal and equitable
jurisdictions are dispensed within the same tribunal.
When the courts justifiably the strict application of
procedural lapses or rules, it does so in the exercise of its
equity jurisdiction.
2. Equity Jurisdiction
- According to jurisprudence, Equity is “justice outside
legality”.
- In other rulings, it is described as the power of the court to
resolve issues in accordance with the natural rules of
fairness and justice, and in the absence of a clear, positive
law governing such issues.
- Equity administers justice according to the basic tenets of
fairness.
- Equity denotes a concept of fairness, justness, and right
dealing among men,
- Equity seeks to reach and do complete justice where the
courts of law are incompetent to do so because of the
inflexibility of the rules and the lack of power to adapt their
judgements to the special circumstances of cases.
- Equity regards the spirit of the law and not its letter, the
intent and not the form, the substance rather than the
circumstance.
When Equity does not apply
1.
- According to jurisprudence, Equity does not apply when
there is a law applicable to a given case.
Equity is available only in the absence of law and not as its
replacement.
It is never availed of against statutory law or judicial
pronouncements.
Ex:
a. The petitioner with the inadequacy of her legal
arguments pleaded “those who have less in life should have
more in law” and sought the application of the Filipino
values of “Pakikisama” and “Pakikipagkapwa-tao” in
resolving her case.
The court held that the appeal of the petitioner is based on
equity which is described as “Justice outside Legality”.
However, equity is only applied in the absence of, and
never against, statutory law or judicial rules of procedure.
Equitable arguments cannot prevail over the legal findings.
b. In a case, the court applied equity jurisdiction when in an
action to annul a contract of sale of a land the court granted
the petition of the buyer to order the seller to deposit in
court the amount initially given to the seller as
consideration for the land to prevent the dissipation of the
amount paid.
The court did this even if the deposit is not among the
provisional remedies enumerated in the Rules of Court. It
considered the case as one that clearly showed a hiatus in
the Rules of Court which if left alone could result in unjust
enrichment of the seller at the expense of the buyer.
The said hiatus could also imperil the obligation of
restitution which is a precondition to the annulment of
contract. This is a case of insufficiency of the law and Art.
9 of the N.C.C mandates a ruling despite the “silence,
obscurity or insufficiency of laws”. Here, the application of
equity fills the open spaces of the law by ordering the
deposit which constitute equity jurisdiction.
Judicial Power
1.
- The judicial power shall be vested in one Supreme Court
and in such lower courts as may be established by law.
Judicial power includes the duty of the courts of justice to
settle actual controversies involving rights which are
legally demandable and enforceable, and to determine
whether or not there has been a grave abuse of discretion
amounting to lack or excess of jurisdiction on the part of
any branch or instrumentality of the Government. (Sec.1,
Art. 8 of the Constitution)
- The government instrumentality subject to judicial review
may be one exercising judicial, quasi-judicial, executive or
legislative powers.
2.
- By Constitution fiat, judicial power is vested both on the
Supreme Court and in the lower courts created by law. It
includes the duty to settle actual controversies, but they are
generally constrained to rule upon moot and academic
cases.
- To merit judicial review, the cases should present
conflicting or opposite legal rights, with real and substantial
controversies admitting of specific reliefs.
- An issue becomes moot and academic when any
declaration thereon would be of no practical use or value
such as there is no actual substantial relief to which the
parties would be entitle.
Doctrine of Hierarchy of Courts
1.
- Referred to as Principle of Judicial Hierarchy
- Under this doctrine, Courts have concurrent jurisdiction
over the subject matter; such concurrence of jurisdiction
does not grant the party seeking relief the absolute freedom
to file a petition in any court of his choice.
- Pursuant to the doctrine, a case must be files first before
the lowest court possible having the appropriate
jurisdiction, except if one can advance a special reason
which would allow a party a direct resort to a higher court.
2.
- Concurrent and Coordinate jurisdiction is that which is
exercised by different courts over the same subject matter
or concurrence of jurisdiction among several courts.
It does not give the litigant unbridled freedom of choice of
forum.
Ex:
a. The Supreme Court has concurrent jurisdiction with the
C.A. and R.T.C. to issue writs of certiorari, prohibition,
mandamus, quo warranto, habeas corpus and injunction.
Direct invocation of the Supreme Court’s jurisdiction is
allowed is allowed only when there are special reasons for
doing so, clearly set out in the petition.
Therefore, the principle requires that resort must first be
made to the lower-ranked court exercising concurrent
jurisdiction with a higher court.
b. In a recent case, petitions for certiorari and prohibition
were filed directly in the Supreme Court raising the issue
on whether or no officials of the AFP committed grave
abuse of discretion when they issued directives to comply
with the verbal order of the president to have the remains of
Ferdinand Marcos interred at the Libingan Ng Mga Bayani.
The SC held that petitioners cannot simply brush aside the
doctrine of hierarchy of courts that requires such petitions
to be filed first with the proper Regional Trial Court (RTC).
The RTC is not just a trier of facts, but can also resolve
questions of law in the exercise of its original and
concurrent jurisdiction over petitions for certiorari,
prohibition and mandamus, and has the power to issue
restraining order and injunction when proven necessary.
(Ocampo v. Enriquez)
3.
- The doctrine requires respect for the hierarchy of courts,
to ensure that every level of the judiciary performs its
designated roles in an effective and efficient manner.
- A disregard of the doctrine may result in the denial of a
petition.
When can the Doctrine of Hierarchy of Courts be
disregarded?
1.
General Rule:
- Doctrine of Hierarchy of Courts
Exception:
- If warranted by the nature and importance of the issues
raised in the interest of speedy justice and to avoid future
litigations.
2.
- Jurisprudence allowed a direct resort to a higher court in
the following cases:
a. When there are special and important reasons clearly
stated in the petition
b. When dictated by public welfare and the advancement of
public policy
c. When demanded by the broader interest of justice
d. When the challenged orders were patent nullities
e. When analogous exceptional and compelling
circumstances called for and justified the immediate and
direct handling by the court.
f. When there are genuine issues of constitutionality that
must be addressed at the most immediate time.
g. When the issues raised are of transcendental importance.
Doctrine of Non-Interference or Doctrine of Judicial
Stability
1.
- This doctrine holds that courts of equal and coordinate
jurisdiction cannot interfere with each other’s orders.
- It bars a court from reviewing or interfering with the
judgement of a co-equal court over which it has no
appellate jurisdiction or power to review
Ex:
- According to jurisprudence, an RTC has no power or
authority to nullify or enjoin the enforcement of a writ of
possession issued by another RTC.
2.
- It applies with equal force to administrative bodies.
Hence, when the law provides for an appeal from the
decision of an administrative body to the SC or CA, it
means that such body is co-equal with the RTC in terms of
rank and stature, and logically beyond the control of the
latter.
Constitutional and Statutory Courts
1.
- A Constitutional Court is one created by a direct
constitutional provision.
- In the Philippines, only the Supreme Court is a
Constitutional Court.
2.
- A statutory court is one created by a law other than the
Constitution. These courts are created by statutory
enactments.
- All courts in the Philippines, except the SC are statutory
courts.
- It was not directly created by the Constitution but was
created by law pursuant to a Constitutional Mandate.
Ex:
a. The 1973 Constitution required then Batasan Pambansa
to create a special court to be known as Sandiganbayan
(Sec.5, Art XIII, 1973 Constitution)
The abovementioned court continues to be recognized by
the 1987 Constitution. While its existence is mandated by
the Constitution, its creation was through and by PD 1486
issued by Pres. Marcos pursuant to his legislative powers
under Amendment No.6 of the 1973 Constitution.
Civil and Criminal Courts
1.
- Civil Courts are those which determine controversies
between private person.
- Criminal Courts are those which adjudicate offenses
alleged to have been committed against the state.
2.
- Philippine Courts exercise both civil and criminal
jurisdiction because of the principle in Art.100 of the RPC
that every person criminally liable for a felony is also
civilly liable.
Superior and inferior Courts
1.
- In a general sense, a court is superior or inferior in
relation to another court.
Ex:
a. MTC is inferior to RTC and while the latter is inferior to
CA.
- All courts in the Philippines are inferior to the SC.
2.
- A superior court is one with controlling authority over the
courts and with an original jurisdiction of its own.
- An inferior court is one which is subordinate to another
court, the judgement of which may be reviewed by a higher
tribunal.
Courts of General and Special Jurisdiction
1.
- According to jurisprudence, Courts of General
Jurisdiction are those with competence to decide on their
own jurisdiction and take cognizance of all cases, civil and
criminal, of a particular nature.
- According to jurisprudence, Courts of Special Jurisdiction
on the other hand, are those which have jurisdiction only
for a particular purpose or are clothed with special powers
for the performance of specified duties beyond which they
have no authority of any kind.
2.
- A court may also be considered general if it has the
competence to exercise jurisdiction over cases not falling
within the jurisdiction of any court, tribunal, person or body
exercising judicial or quasi-judicial functions.
It is in this context that the RTC is considered a court of
general jurisdiction.
Courts of Original and Appellate Jurisdiction
1.
- A court is one with original jurisdiction when actions or
proceedings are originally filed with it.
- A court is one with appellate jurisdiction when it has the
power to review over the decision or orders of the lower
court
2.
- MeTC, MCTC, and MTC are courts of original
jurisdiction.
- The RTC is, likewise, a court of original jurisdiction with
respect to cases originally filed with it but is also a court of
appellate jurisdiction with respect to cases decided by the
MTCs within its territorial jurisdiction.
Ex:
a. Cases involving actions for specific performance and real
actions involving real property with an assessed value in
excess of 50k in Metro Manila or in excess of 20k outside
of Metro Manila.
- It is also a court of original jurisdiction with respect to a
petition for a writ of amparo or a petition for a writ of
habeas data.
3.
- The CA is primarily a court of appellate jurisdiction with
competence to review judgements of the RTC and specified
quasi-judicial agencies.
- It is a court of original jurisdiction with respect to cases
filed before it involving issuance of writs of certiorari,
mandamus, quo warranto, habeas corpus and prohibition. ‘
- It is a court of original and exclusive jurisdiction over
actions for annulment of judgements of the RTC.
- It is a court of original jurisdiction with respect to a
petition for a writ of amparo or a petition for a writ of
habeas data.
Note:
- The abovementioned petitions may be filed originally not
only with the RTC, Sandiganbayan or the SC but also with
the CA.
- An action to annul the judgement of the RTC cannot be
filed in any other court but originally only with the CA.
4.
- The Supreme Court is also fundamentally a court of
appellate jurisdiction but it may also be a court of original
jurisdiction over cases affecting ambassadors, public
ministers and consuls, and in cases involving petitions for
certiorari, prohibition and mandamus (Sec. 5[1], Art. VIII,
Constitution of the Philippines).
- It may also be a court of original jurisdiction in a petition
for a writ of amparo or a petition for a writ of habeas data
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 (Bar 1990)
Original and exclusive jurisdiction distinguished
1.
- According to jurisprudence, Original Jurisdiction means
jurisdiction to take cognizance of a case at its inception, try
it and pass judgment upon the law and facts.
- According to jurisprudence, Exclusive Jurisdiction
precludes the idea of co-existence and refers to jurisdiction
possessed to the exclusion of others.
2.
- A court may be conferred both original and exclusive
jurisdiction over a particular subject matter.
Ex:
a. The Municipal Trial Court has exclusive original
jurisdiction over cases of forcible entry and unlawful
detainer (Sec. 33, BP 129, as amended)
b. The Regional Trial Court has exclusive original
jurisdiction over all civil actions in which the subject matter
of the litigation is incapable of pecuniary estimation (Sec.
19, BP 129, as amended)
c. The Court of Appeals has exclusive original jurisdiction - A court is called upon and authorized to administer
over actions for annulment of judgments of the Regional justice. Sometimes it refers to the place where justice is
Trial Court (Sec. 9, BP 129, as amended). administered.

Concurrent Jurisdiction “Courts” distinguished from “Judge”

1.
- It is also called Coordinate Jurisdiction Court Judge
- A court is a tribunal - A judge is simply an
- It is the power of different courts to take cognizance of officially assembled under officer of such tribunal
the same subject matter. authority of law
- A court is an organ of the
- In concurrent jurisdiction, the court first taking government with a
cognizance of the case assumes jurisdiction to the exclusion personality separate and
of the other courts. distinct from the person or
Ex: judge who sits on it
a. The Supreme Court has concurrent original jurisdiction - A court is a being in - A judge is a physical
with Regional Trial Courts in cases affecting ambassadors, imagination comparable to a person.
other public ministers, and consuls (Sec. 5, Art. VIII, corporation.
Constitution of the Philippines; Sec. 21[2], BP 129) The - Court is an office. - A judge is a public officer
Supreme Court has concurrent original jurisdiction with - Jurisdiction does not attach
Regional Trial Courts in cases affecting ambassadors, other to the judge but to the court.
public ministers, and consuls (Sec. 5, Art. VIII,
Constitution of the Philippines; Sec. 21, BP 129)
- The continuity of a court - Judge may resign, become
b. The Supreme Court has concurrent original jurisdiction and the efficacy of its incapacitated, or be
with the Court of Appeals in petitions for certiorari, proceedings are not affected disqualified to hold office,
prohibition, and mandamus against the Regional Trial by the death, resignation, or but the court remains.
Courts (Sec. 5, Art. VIII, Constitution of the Philippines; cessation from the service of
Sec. 9, BP 129) the judge presiding over it.
c. The Supreme Court has concurrent original jurisdiction IV. THE BASIC FRAMEWORK OF ORDINARY
with the Court of Appeals and the Regional Trial Courts in CIVIL ACTIONS
petitions for certiorari, prohibition, and mandamus against
lower courts and bodies and in petitions for quo warranto I. Complaint
and habeas corpus (Sec. 5, Art. VIII, Constitution of the - It must be emphasized that the rules of civil procedure
Philippines; Sec. 9, BP 129; Sec. 21, BP 129). will come into play only with the filing of a complaint or in
some actions or proceedings, a petition. It is the filing of a
2. complaint that gives life to procedural rules and triggers
- The concurrent jurisdiction among courts of different their application.
ranks is subject to the doctrine of hierarchy of courts.
- The complaint is the first document, technically called a
Ex: pleading which is filed in court by a party called the
- According to jurisprudence, while it is true that the plaintiff. It also signifies the commencement of a civil
original jurisdiction of the Supreme Court to issue writs of action.
certiorari, prohibition, mandamus, quo warranto, habeas
corpus, and injunction is concurrent with or shared by the - The primary purpose of this pleading is to sue another for
Supreme Court with the Regional Trial Courts and the the enforcement or protection of a right or the prevention or
Court of Appeals, a direct invocation of the Supreme redress of a wrong.
Court’s original jurisdiction to issue these writs should be
allowed only when there are special and important reasons - In a complaint, the plaintiff appraises the adverse party,
therefor, clearly and specifically set out in the petition called the defendant of the nature and the basis of the
claim.
Meaning of ‘Court’
- It is the organ of government belonging to the judicial - Filling of the complaint enables the court to acquire
department the function of which is the application of the jurisdiction over the person of the plaintiff. By the mere
laws to controversies brought before it as well as the public filing of a complaint, the plaintiff in a civil action
administration of justice voluntarily submits himself to the jurisdiction of the court.
A. Right of Action and Cause of Action
1.
- From the point of view of a party, the application of the
Rules of Civil Procedure starts when one feels that another
has violated his rights.
- A cause of action arises when someone violates the rights
of another.
- Before filing the complaint, the lawyer initially
determines whether or not his client, the plaintiff, has a
cause of action against the defendant based on the
provisions of substantive law.
- Procedural law outlines the methods and processes by
which one may sue another for the enforcement or
protection of his rights.
Substantive law supplies the legal basis for the existence of
the right itself and the corresponding legal prerogative to
demand its protection.
- An inquiry into substantive law is imperative because it is
the very foundation of procedural law.
- Cause of Action in civil proceedings arises from the
traditional sources of a civil obligation, like law, contracts,
quasi-contracts, delicts and quasi-delicts.
Ex:
a. A creditor who is not paid by his debtor a just and lawful
debt despite a valid demand, may give rise to a cause of
action against the latter for breach of a contract of loan.
b. The government may have a cause of action against a
taxpayer who refuses to pay taxes which under the law he is
supposed to pay.
c. A victim of a robbery may have a cause of action against
the perpetrator based on the principle that a person
criminally liable is also civilly liable.
2.
- A cause of action involves a right of the plaintiff and a
violation of this right by the defendant.
- Without a right and a violation of this right, there can be
no cause of action and without this cause of action there
would be no right to file a suit against the defendant.
- Right of Action is the right to file a suit. It is procedural in
character and is the consequence of the violation of the
right of the plaintiff.
- Rule: There is no Right of Action where there is no Cause
of Action.
- It is required that the plaintiff sufficiently alleged those
ultimate facts, which, taken together, constitutes one’s
cause of action.
- The test of sufficiency of the averments in the pleading I
is whether the court can render a valid judgement upon the
same in accordance with the prayer in the complaint,
assuming that the facts, as alleged are true.
- For a complaint to state a cause of action, the rules
emphasize the sufficiency of such allegations and not the
truth of the material allegations of the complaint.
- The truth of the allegations of the complaint will be tested
and determined in the trial and not at the time of the filling
of the complaint,
- Failure of the complaint state the elements of his cause of
action supplies a ground for the dismissal of the complaint,
even if the actual truth discloses that the plaintiff has a cuse
of action against the defendant.
Ex:
a. Facts:
Debtor who refuses to pay a just and valid debt despite
demand upon him by his creditor on the due date of the
obligation.
Based on the facts the creditor has a cause of action against
the debtor/defendant.
The creditor, aware that he has a cause of action, files a
complaint for a sum of money.
The debt was incurred five years before filing of the
complaint, but despite the lapse of 5 year it remains unpaid.
Query:
May the complaint be dismissed based on the allegation?
Ruling:
Yes, not because of a lack of cause of action but because of
the failure of the complaint to state the cause of action
against the debtor.
He failed to state the elements of the cause of action.
First, it failed to allege that the debt has matured.
Second, It failed to allege that on the maturity date or
thereafter, the creditor demanded upon the debtor the
payment of the obligation.
Lastly, despite the demand of the creditor, no payment was
tendered by the debtor
3.
- While a plaintiff may have a legitimate cause of action, as
a result of a violation of his right, he is precluded by the
Rules from instituting more than one suit for a single cause
of action.
He cannot make multiple complaints based on a single
cause of action. For instance, the creditor sued a debtor for
a sum of money in one complaint and sued separately for
recovery of interest arising from the cause of action that
gave rise to a collection of suit. This is prohibited to
prevent the clogging of court dockets which normally arises
from the filling of multiple suits based on the same cause of
action.
Ex:
a. A debtor owes a creditor the unpaid amounts of P350,
000 and P300, 000 under separate promissory notes.
Generally, the creditor has 2 causes of action against the
debtor. Even if he can file 2 separate actions against the
debtor to collect the sums owed in his favor. However,
based on the same judicial policy of easing the court
dockets, a plaintiff, under certain circumstances, is allowed
to assert in one complaint as many causes of action he may
have against the same opposing party.
Hence, he may join the collection of the amounts of P350K
and P300K in a single complaint.
- The joining of two causes of action in one complaint is
termed “joinder of causes of action”
B. Jurisdiction
1.
- If a cause of action exists, the lawyer starts considering
the preparation of the complaint. But before doing so, he
proceeds to determine the court that should take cognizance
of the action. This involves an inquiry into the laws on
jurisdiction because the plaintiff is, as a fundamental
principle, obligated to file his complaint in the court upon
which the law has conferred jurisdiction over the subject
matter of the action.
- Filing the complaint in the wrong court is a ground for
dismissal of the complaint either upon proper motion by the
adverse party or upon the court’s own motion (motu
proprio). Dismissal is inevitable because any judgment
rendered by a court without jurisdiction over the subject
matter is nullity.
2.
- Jurisdiction of this type is a matter of substantive law, not
of mere procedure.
Ex:
a. Substantive Law states that jurisdiction over civil actions
and probate proceedings is determined by the value of the
personal property whether estate or demand.
A claim amounting to more than P400k in Metro Manila,
the action to be instituted is under the jurisdiction of the
RTC.
On the other hand, a claim amounting to more than P300k
outside Metro Manila is also within the jurisdiction of the
RTC.
C. Venue
1.
- After the court with appropriate jurisdiction had been
determined, the plaintiff goes on to determine the place
where the action is to be filed, which in procedural terms is
called the venue of the action.
- A complaint filed, even in the court with proper
jurisdiction may be dismissed, on motion, if commenced in
the wrong place.
However, unlike the laws on jurisdiction which authorize a
dismissal by the court on its own motion, the rules on
venues preclude a court from dismissing a complaint motu
proporio, except when so authorized by a special rule.
Ex:
a. Under the 1991 Revised Rules on Summary Procedure,
the court may dismiss the case outright on any grounds for
the dismissal of a civil action.
2.
- In determining the venue of an ordinary civil action, the
plaintiff inevitably will have to initially consider whether or
not the action to be filed is a real action or a personal
action.
- If the action is Real (one that affects title to, possession
of, or any interest in real property), the action shall be
commenced and tried in the place where the real property
involved or a portion thereof is situated.
- If the action is Personal, the action may be commenced
and tried where the plaintiff resides or where the defendant
resides, or in case of a non-resident defendant, where he
may be found, at the election of the plaintiff.
3.
- The plaintiff, through counsel, will have to look into any
possible restrictive stipulations on venue. If the parties
have agreed on an exclusive venue in writing prior to the
filing of the action and the agreed venue is contemplated to
be so exclusive, then the place stipulated is the only venue
of the action. This stipulation precludes the filing of the
action in some other place.
However, when the parties stipulated on a place not
intended to be the exclusive venues for the action such
stipulation is deemed merely permissive.
A permissive stipulation operates to provide an additional
venue for the action in addition to those set by the rules.
Ex:
a. Where the stipulation restricts the venue to a particular
place as when it provides “only in Manila” or similar
words, the venue of the action is Manila and no other place.
On the other hand, where the stipulation provides “shall be
filed in Manila”, without any restrictive words
accompanying the same, Manila will be deemed only an
additional venue aside from the possible venues provided
for by the rules.
D. Parties
1.
- Not anyone could be a plaintiff. To be one, the person
should be a real party in interest. There is no need to
ascertain whether or not the plaintiff is a real party in
interest.
He must be the one who stands to be benefitted or injured
by the judgement in the suit, or the party entitled to the
avails of the suit.
2.
- The plaintiff determines those who are to be impleaded as
defendants. This determination is vital, because as a rule, a
suit can be commenced only against one averred to have
violated the plaintiff’s right.
In doing so, he identifies whether the defendant is an
indispensable or a mere necessary party. The distinction is
vital because where the party is indispensable, his joinder is
compulsory.
Without an indispensable party, no final determination of
an action could be had.
However, the non-inclusion of a necessary party does not
prevent the court firm proceeding with the action although,
without such party, no complete relief may be accorded as
to those already parties.
3.
- The party or his counsel must ensure that the rules on
parties are complied with.
As part of the initial preparations for the case, the plaintiff
preferably through a lawyer must meticulously pours over
the principles governing actions, right of action, causes of
action, jurisdiction, venue and parties.
E. Prescription and Conditions Precedent
1.
- All the above principles having been considered, counsel
will be obligated to thoroughly and carefully verify from
the substantive laws whether or not there still exists a
sustainable cause of action by confronting himself with a
very basic question:
Is the action barred by the statute of limitations?
If it was, then the right of action has ceased. It has ceased
because it has prescribed and prescription is one of the
well-recognized grounds for the dismissal of a complaint,
the same being a mode of extinguishment of a legal
obligation.
One principle consistently applied by court is: When it
appears from the pleadings or the evidence on record that
the action has prescribed, the court is mandated under the
Rules to dismiss the claim.
Furthermore when dismissed on the ground of prescription,
the refilling of the same action or claim is barred.
Ex:
a. Under Art. 1144 of the Civil Code of the Philippines,
actions upon a written contract, upon an obligation created
by law, or upon a judgment prescribe after ten (10) years
from the time the cause of action accrues.
b. Under Art. 1147 the actions for forcible entry and
unlawful detainer must be commenced within one (1) year
from the accrual of the cause of action.
2.
-There are actions that require the performance of
conditions precedent. Compliance with such condition is
imperative and cannot be conveniently ignored.
Ex:
a. In some instances, parties are required to avail of
barangay conciliation proceedings before invoking judicial
intervention. Also, parties need to undergo arbitration
process before seeking judicial relief when so required in
contractual stipulations.
Compliance with the condition is not sufficient; it must be
alleged in the complaint for it to sufficiently state the cause
of action.
3.
- There are conditions precedent which actually constitute
elements of the plaintiff’s cause of action.
Ex:
a. Under Art. 1169 of the NCC, in action for collection of a
sum of money there must first be a demand to pay from the
creditor to the debtor.
Based on this provision, the debtor, as a rule, incurs no
delay unless there be a prior demand made by the creditor.
b. An action for unlawful detainer predicated upon the non-
payment of rentals must likewise come only after a demand
upon the defendant to pay and to vacate the premises and
such demand is not heeded by the latter.
c. Actions between members of the same family must be
preceded by attempts to have the controversy settled and
compromised by virtue of Art. 151 of the Family Code of
the Philippines. The Family Code declares in unequivocal
language that no suit between members of the same family
shall prosper unless it should appear from the verified
complaint or petition that earnest ef-forts toward a
compromise have been made, and that such efforts have
failed. If it is shown that no such efforts were made, the
case has to be dismissed.
F. Preparation of the Complaint
1.
- The preparation of a complaint requires recognition and
mastery of certain principles.
- Most prominent among these is the rule that the complaint
or any other pleading is not designed to be a narration and
an exposition of evidentiary matters but properly a
statement only of the ultimate facts which constitute a
party’s claim or defense.
- Such facts are to be alleged plainly, concisely, and
directly in a methodical and logical form because the rules
requires the allegations only of ultimate facts, the statement
of mere evidentiary facts are to be omitted. Statements
constituting mere conclusions of law must also be omitted.
- Evidentiary matters are to be presented in the trial and
have no place in a pleading like a complaint. Conclusions
are to be made by the court and not by a party, while
evidentiary matters are to be presented in the trial.
2.
- There are situations where the suit is predicated upon the
alleged fraudulent acts of the defendant. If this be so, the
rule requires that the circumstances constituting fraud or
mistake must be stated with particularity to enable the court
to determine the type of fraud committed by the defendant
and the subsequent liability of the defendant, if there be
any.
- Under the Civil Code, depending on the kind of fraud
committed, fraud may be a cause for the annulment or
rescission of the contract. It may be a ground for liability
for damages alone. It may even be a cause for an action for
the reformation of an instrument. The same rule mandating
a particular narration of circumstances of fraud applies to
averments of mistake. Averments of malice, intent,
knowledge or other condition of the mind of a person may,
however, be averred generally.
3.
- An action filed may sometimes be based upon a document
as when a collection suit is based upon a promissory note
executed by the defendant.
Such document need to be properly pleaded in the
complaint by setting forth the substance of the instrument
in the complaint and by attaching the original or a copy
thereof as an integral part of the complaint.
The defending party may deny the genuineness and due
execution of the promissory note. According to the Rule
such mere specific denial of such matters would not be
sufficient denial.
The denial must be under oath, otherwise the defendant
will be deemed to have admitted the genuineness and due
execution of the note.
4.
- The complaint must specify the relief sought although the
rule allows the addition of a general prayer for such other
reliefs as the court may deem just or equitable.
- Although part of the complaint, the relief or prayer is not
largely determinative of the cause of action.
- The nature of the cause of action is primarily determined
by the allegations in the body of the complaint and not by
the prayer alone.
5.
- The complaint must be dated.
- It must be signed by the party or by the counsel
representing him.
- Signing the complaint is mandatory because an unsigned
pleading produces no legal effect.
6.
- When it is counsel who signs the pleading, this signature
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.
7.
- The complaint must designate the address of the party or
his counsel. This address should not be a post-office box.
8.
- Should a complaint or any other pleading be under oath,
verified or accompanied by affidavit?
General Rule:
- Pleading need not be verified
Exemption:
- Unless a verification is specifically mandated by law or
by a particular rule
Ex:
a. All pleadings under the Rules on Summary Procedure
have to be verified.
b. Petitions for certiorari, prohibition, and mandamus must
likewise be verified.
9.
- The complaint and other initiatory pleading must contain
or be accompanied by a certification against forum
shopping where the plaintiff or principal party certifies,
among others, that he has not commenced any action or
filed any claim involving the same issues in any other
tribunal. Failure to comply with this requirement is a
ground for the dismissal of the complaint upon motion and
after a hearing.
G. Provisional remedies
- Depending upon the nature of the action, the plaintiff may
avail of any of the provisional remedies provided for under
the rules like preliminary attachment, preliminary
injunction, receivership, replevin or support pendente lite.
- Provisional Remedies are not permanent or final reliefs.
They are temporary reliefs that may be availed of a party in
the meantime that the main action is being litigated and
there is yet no final judgement in the case.
Ex:
a. In an action for forcible entry, for instance, the plaintiff
may ask for a writ of preliminary mandatory injunction to
restore him in his possession during the pendency of the
main case
b. In an action for collection of a sum of money, the
plaintiff may, at the commencement of the action, apply for
the issuance of a writ of preliminary attachment of the
defendant’s properties where for instance, it is shown that
the defendant is about to depart from the Philippines with
the intention of defrauding the plaintiff-creditor.
This attachment is obtained to secure the future execution
of the judgment to avoid the sad spectacle of a winning
party literally holding an empty bag because the sheriff
cannot find properties of the losing party to satisfy the
judgment
c. In an action for support, the resolution of which may
possibly come only after a protracted litigation, the plaintiff
may ask the court to order the defendant to give support to
the plaintiff during the pendency of the action. This support
is known in the Rules as support pendente lite. In an action
for damages against an electric company which wrongly
cut off the power supply to the plaintiffs factory, the latter
may ask the court to issue a writ of preliminary mandatory
injunction to restore power in the meantime that litigation
on the damage suit against the electric company is in
progress.
D. Filing of the Complaint
1.
- After all those mentioned above have been considered and
duly complied with, the complaint shall now be filed. The
filing of the complaint is the act of presenting the same
before the clerk of court.
2.
- The rule in this jurisdiction is that when an action is filed,
the filing must be accompanied by the payment of the
requisite docket and filing fees.
- The fees must be paid because as a rule, the court acquires
jurisdiction over the case only upon payment of the
prescribed fees
- Without payment, the general rule is that the complaint is
not considered filed. Payment of the full amount of the
docket fee is mandatory and jurisdictional
- 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.
If the fees are not paid at the time of the filing, the court
acquires jurisdiction only upon full payment of the fees
within a reasonable time as the court may grant, barring
prescription.
- Even on appeal, the general rule is that payment of docket
fees within the prescribed period is mandatory for the
perfection of the appeal although there were instances when
the rule had been applied with liberality. It is well-
established that as a general rule, the payment of docket
fees within the prescribed period is mandatory for the
perfection of an appeal.
3.
-When the complaint is filed and the prescribed fees are
paid, 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.
E. Possible proceedings after the filing of the complaint
1. Dismissal of the action by the plaintiff
- Sometimes after the complaint has been duly filed, the
plaintiff may, for reasons personal or otherwise, entertain
doubts on the propriety of the filing of the action against
the defendant.
In this case, he may exercise the option of dismissing his
own complaint. If the dismissal is to be made before the
adverse party has served an answer or a motion for
summary judgment, he may have his own complaint
dismissed by the mere filing of a notice of dismissal. Upon
such notice, the court shall issue an order confirming the
dismissal.
- The dismissal by notice of dismissal is without prejudice
to its being refiled later, unless otherwise stated in the
notice of dismissal or when the refiling is barred by what
jurisprudence calls ‘the two- dismissal’ rule because the
action had already been previously dismissed twice by the
plaintiff in a competent court in an action based on or
including the same claim.
- After service of the answer or a motion for summary
judgment, the plaintiff can no longer have his action
dismissed by mere notice. The plaintiff now has to file a
motion to dismiss his complaint.
The granting or the denial of the motion to dismiss is now a
matter addressed to sound judicial discretion because this
type of dismissal is no longer a matter of right.
- If the court allows the dismissal of the complaint, only the
complaint is dismissed. A counterclaim already pleaded
prior to the service upon the defendant of the motion for
dismissal, is not affected by the dismissal of the complaint
and is without prejudice to the right of the defendant to
prosecute his counterclaim in the same or in a separate
action. A dismissal under this rule, is deemed a dismissal
without prejudice, unless otherwise stated in the order of
the court.
2. Dismissal by the Court
- The court shall, on its own motion, dismiss the complaint
if it appears rom the complaint or the pleadings 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 the action is barred by a prior judgement or
by statute limitations.
- The court may, on its own motion, or upon motion of the
adverse party, dismiss a complaint for causes due to the
fault of the plaintiff. This happens when the plaintiff,
without justifiable cause, fails to appear on the date of the
presentation of his evidence in chief, to prosecute his
actions for unreasonable length of time, or to comply with
the Rules or Orders of the court.
This dismissal will have an effect of adjudication upon the
merits, unless the court declares otherwise. In other words,
as a rule the complaint an no longer be refilled if the
dismissal is anchored on any of the grounds mentioned in
this paragraph.
3. Amendment of the complaint
- Instead of dismissing his complaint as explained in the
immediately preceding paragraphs, it frequently happens
that the plaintiff finds the need to amend his complaint. He
may amend his complaint by correcting a mistaken or an
inadequate allegation therein.
- Amendment of his pleading is a matter of right as long
as the said amendment is made before the other party has
served a responsive pleading.
- If the plaintiff desires to amend his complaint before the
defendant serves his answer, the amendment may be done
as a matter of right and the court has no discretion on the
matter.
- In such a case, the amendment has to be accepted by the
court as a ministerial duty. If the court refuses to accept an
amendment made as a matter of right, the court may be
compelled to do so through the special civil action of
mandamus.
- Amendment may even be done to correct an error in
jurisdiction or to effect a change in the cause of action
provided the amendment is still a matter of right.
- Note that an amendment made as a matter of right may,
by the terms of the Rules, be made only once.
- May the plaintiffs amend his complaint as a matter of
right even after a motion to dismiss has been served?
He may do so because a motion to dismiss is not a
responsive pleading. Hence, his right to amend his
complaint is not affected by the filing of the motion to
dismiss.
- After a responsive pleading has been served, amendment
must be by leave of court. This means that after an answer
has been served, an amendment may be done only with the
approval of the court.
The amendment, in this case, is no longer a matter of right
and becomes a matter of judicial discretion.
Ex:
a. A complaint was filed. The defendant served an answer
to the complaint. The plaintiff now decides to amend his
complaint. The amendment is no longer a matter of right
because an answer has already been served by the
defendant. The amendment would now require leave of
court and the amendment has become a matter of judicial
discretion.
- Jurisprudence adopts a liberal policy on amendments but
it may be refused by the court if it appears to the court that
the amendments are intended for delay. Under the current
rules, the fact that the amendment substantially alters the
cause of action is not a ground for the court to refuse the
amendment.
- When the court has no jurisdiction over the subject matter
of the complaint and the amendment is for the purpose of
conferring jurisdiction upon the court where the
amendment is no longer a matter of right, the amendment
shall not be allowed.
Common reasons suggest that, since the court is without
jurisdiction over the complaint, it has no jurisdiction over
the complaint. Hence it has no jurisdiction to act on the
motion for leave to amend.
- An amendment may also arise 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 in issue
in the pleadings.
When this occurs, the issues tried with the consent of the
parties shall be treated as if they had been raised in the
pleadings. The pleadings may then be amended to conform
to the evidence although an actual amendment need not be
made because failure to so amend the pleadings will not
affect the result of the trial on said issues.
II. Summons
1.
- Upon the filing of the complaint and the payment of the
requisite legal fees, the clerk of court shall issue the
corresponding summons to the defendant directing him to
file an answer to the complaint and that unless he does so,
the court may render a judgment against him by default and
grant to the plaintiff the relief applied for. Attached to the
summons is a copy of the complaint.
- The summons and a copy of the complaint are to be
served upon the defendant in person but if the defendant
cannot be served despite efforts to serve him in person,
summons may be served by an alternative mode called
substituted service. This consists in serving the summons at
the residence of the defendant or his regular place of
business with a person qualified to so receive the summons
in accordance with the Rules. 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.
2.
- Recall that the filing of the complaint enables the court to
acquire jurisdiction over the person of the plaintiff. This
jurisdiction however, does not extend to the person of the
defendant. Absent a voluntary appearance, it is the service
of summons upon the defendant which enables the court to
acquire jurisdiction over his person in those actions
traditionally called actions in personam. The summons is a
coercive process which places the person, even of the
unwilling defendant, under the jurisdiction of the court.
Service of summons likewise represents a compliance with
the rule on notice, an essential element of constitutional due
process.
- The rules on summons mandate specific procedures for
service upon certain classes of defendants. When for
instance, the defendant is a minor or an incompetent,
service of summons shall be made upon him personally and
on his legal guardian if he has one, or if none, upon his
guardian ad litem or in the case of a minor, upon his father
or mother.
- If the defendant is a domestic corporation or partnership,
service may be made on certain specific persons only like
the president, managing partner, general manager,
corporate secretary, treasurer, or in-house counsel.
- When the defendant is a prisoner confined in a jail or
institution, service shall be effected upon him (the prisoner)
by the officer having management of the jail or institution.
Such manager is deemed deputized as a special sheriff for
said purpose.
- One rule that stands out under the topic on summons is
the rule that service of summons is not always required to
enable the court to acquire the requisite jurisdiction over
the person of the defendant in certain actions. Service of
summons may be dispensed with if the defendant makes a
voluntary appearance.
Under the Rules, the defendant’s voluntary appearance in
the action shall be equivalent to service of summons.
- In some special service actions, an order to comment
served upon the respondent would enable the court to
acquire jurisdiction over his person.
A. Motion for bill of Particulars
1.
- Although the summons directs the defendant to file an
answer to the complaint, the defendant is procedurally
under no obligation to outrightly file an answer since the
rule allows him certain procedural options.
- For instance, if after reading the complaint, the defendant
finds that, because of the ambiguity in certain material
allegations of the complaint, he cannot possibly file an
intelligent answer, he need not serve his answer unless and
until the alleged ambiguities are clarified by the plaintiff.
These ambiguities may be sought to be clarified through a
bill of particulars submitted by the plaintiff upon order of
the court and upon motion of the other party. It must be
clarified that a motion for bill of particulars is not solely
directed to the complaint. Any other pleading may be the
object of a motion for bill of particulars.
2.
- Upon being notified of the motion by the clerk of court,
the court may either deny or grant the motion outright, or
allow the parties the opportunity to be heard.
- The court is not obliged to conduct a hearing on the
motion.
3.
- If the motion is granted, the party is directed to submit a
bill of particulars must comply with the order within 10
days from notice.
- If the order is not obeyed or compliance is insufficient,
the court may order the striking out of the pleading or the
portions thereof or make such other order as it may ddem
just.
4.
- A motion for bill of particulars is not filed in order to
discover the evidence of the other party. For this purpose,
the movant should avail of the various modes of discovery
under the Rules of Court.
- The purpose of a motion for bill of particulars is plainly to
enable the movant to properly prepare his responsive
pleading.
B. Motion to Dismiss
1.
- After the plaintiff submits a bill of particulars which
clarifies the ambiguities in the complaint, the defendant
may now file his answer. If however, from the reading of
the complaint, a solid basis exists for the immediate
dismissal of the action, the defendant, instead of filing his
answer, may avail of another option, i.e., to file a motion to
dismiss.
- A motion to dismiss need not be preceded by a motion for
bill of particulars because the defendant may, forthwith, file
a motion to dismiss upon service of the summons upon
him.
2.
- There are numerous grounds for a motion to dismiss and
these grounds must be invoked by filing the requisite
motion. Normally, a court will wait for a party to file a
motion to dismiss even if the ground for dismissal is known
to it.
Ex:
a. Unless the case is covered by the Rules on Summary
Procedure, the court will and ought to refrain from
dismissing a complaint on the ground of improper venue
even if the venue is blatantly defective.
Venue is a matter designed for the convenience of the
parties and if no party complains about the venue, it is not
for the court to take up the cudgels for any party.
- There are however, grounds for dismissal which the court
will recognize on its own motion.
Ex:
- Lack of jurisdiction over the subject matter of the action,
litis pendencia, res judicata, and prescription are reasons for
the court to effect a motu proprio dismissal of the
complaint whenever any of these grounds appears from the
pleadings or from the evidence on record.
3.
- The motion to dismiss is to be heard and after the hearing,
the court may dismiss the action or claim, deny the motion,
or order the amendment of the pleading.
- The court is without authority to defer the motion based
on the reason that the ground relied upon is not indubitable.
4.
- Motion to Dismiss is an Omnibus Motion. The latter
motion is one which attacks a pleading.
- Motion to Dismiss is an Omnibus Motion because it
attacks a pleading seeking its dismissal.
- When it is files, it shall include all objections available,
and all objections not so included shall be deemed waived,
except certain defenses like lack of jurisdiction over the
subject matter of the action, litis pendentia, res judicata and
prescription.
5.
- If no motion to dismiss has been filed, any of the grounds
for dismissal provided in the rules governing a motion to
dismiss may be pleaded as an affirmative defense in the
answer, and in the discretion of the court, a preliminary
hearing may be had on the defense relied upon as if timely
motion to dismiss had been filed.
6.
- Dismissal of the complaint through a motion to dismiss
does not necessarily preclude the refilling of the same.
Ex:
a. Where a complaint was dismissed on the ground of
improper venue, the plaintiff may refile the complaint, this
time, in the proper venue.
b. Where the dismissal was ordered by the court for lack of
jurisdiction over the subject matter, the plaintiff may refile
the same in the court with the proper jurisdiction.
- There are grounds of dismissal of the complaint which
will bar the refilling of the same claim. These grounds are
bar by a prior judgment, statute of limitations, the claim or
demand has been extinguished, or the claim is
unenforceable under the provisions of the statute of frauds.
III. Answer
1.
- If there exists no ground for a motion to dismiss or if the
motion is rightfully denied, the defendant has to file his
answer.
- The answer is the responsive pleading to the complaint.
- The answer gives notice to the plaintiff as to which
allegations in the complaint the defendant decides to
contest and put in the issue.
- The answer may invoke both negative and affirmative
defense.
2.
- A negative defense is a specific denial of the material fact
or facts alleged in the pleading of the claimant.
- Not every denial qualifies as a correct denial.
- The denial is required to be specific denial. The answer
must specifically deny the material averments not
specifically denied are deemed admitted.
Ex:
a. If the answer admits all the material averments in the
complaint, the answer is deemed to have failed to tender an
issue.
Since there is no triable issue, a trial is completely
unnecessary. The claiming party may then file a motion for
a judgment on the pleadings and the court may direct a
judgment based on the pleadings already filed.
3.
- An affirmative defense essentially consists of a
hypothetical admission of the material allegations in the
pleading of the claimant but, nevertheless, prevents or bars
recovery by him.
Ex:
a. A defendant may admit that his negligence caused the
injuries of the plaintiff but he can no longer be held liable
because the plaintiff had previously been fully compensated
for all the injuries sustained.
The defendant may also argue that the court has no
jurisdiction over the subject matter of the complaint or that
the action has already prescribed.
4.
- Failure of the defending party to file an answer entitles the
claiming party to file a motion to declare him in default.
A. Default
1.
- When he is declared in default, the defendant loses his
standing in court and is not allowed to take part in the trial.
- After issuing an order of default, the court may proceed to
render judgment granting the claiming party such relief as
his complaint may warrant, unless in its discretion, the
court requires the plaintiff to submit evidence on his claim.
2.
- An important principle in this regard is the rule that the
court’s declaration of default should be preceded by a
motion to declare the said party in default together with
proof of such failure. The rule therefore, precludes the court
from declaring the defending party in default on its own
motion.
3.
- A party declared in default is said to have lost his standing
in court. Hence, he can no longer appear as a party in the
case. Although barred from participating in the
proceedings, he is still entitled to notices of subsequent
proceedings. He is also accorded a relief from the order
from the order of default.
- The defendant may, at any time after notice thereof and
before judgment, file a motion under oath to set aside the
order of default.
The motion must show that his failure to answer was due to
fraud, accident, mistake, or excusable negligence, and that
he has a meritorious defense.
The order of default may be set aside on such terms and
conditions as the judge may impose in the interest of
justice.
4.
- default order will not be issued in an action for annulment
of marriage, action for declaration of nullity of marriage or
action for legal separation, even if the defendant fails to
answer.
Instead, the court shall order the prosecuting attorney to
investigate whether or not collusion exists between the
parties and prevent fabrication of evidence.
5.
- When the order of default ripens into a judgment by
default, there is a limit imposed by the Rules on the extent
of relief to be awarded in the judgment. A judgment
rendered against a party in default shall not exceed or be
different in kind from that prayed for nor award
unliquidated damages.
6.
- A judgment on the pleadings is not to be confused with a
summary judgment. A judgment on the pleadings is
rendered because, as disclosed by the pleadings, there is no
issue in the case either because the answer fails to tender an
issue or because it admits the material allegations of the
complaint. A judgment on the pleadings is based, just as the
name tells us, on the pleadings of the parties. A summary
judgment is based not only on the pleadings of the parties
but also on their affidavits, depositions, or admissions. The
basis of a summary judgment is not the absence of an issue
but the absence of a genuine issue in the case. Where there
is an issue in the case but the issue does not concern any
material fact, as when the issue is merely the amount of
damages, there is no genuine issue, and a summary
judgment would be proper.
B. Counterclaim, Cross-Claim, Third-Party Complaint,
Reply and Intervention
1.
- It happens frequently enough that the defendant has his
own claim against the plaintiff. When the defendant files
his answer to the complaint, said answer may be coupled
with a counterclaim, which is a pleading in its own right.
- A counterclaim is a pleading which sets forth a claim
which a defending party may have against an opposing
party. A counterclaim is always directed against an
opposing party, not against a co-party.
- The counterclaim may be one that is compulsory or one
that is permissive.
Note:
- A compulsory counterclaim which a defending party has
at the time he files his answer shall be contained therein.
- A permissive counterclaim does not have to be raised in
the same proceedings because by its nature, it could be
invoked as an independent action.
2.
- There are instances when two or more defendants are
named in a complaint. It also happens that one defendant
has a claim against his co-defendant, a claim arising out of
the transaction or occurrence which is the subject matter of
the complaint.
The claiming defendant may then, in his answer, interpose
a pleading against his co-defendant. This pleading is known
as a cross-claim. This is a pleading containing the claim by
one party against a co-party.
Ex:
a. If P files an action for a sum of money against A and B,
A may file a cross-claim against B, his co-defendant. In A’s
cross-claim, he may assert that it was actually B who
benefitted from the proceeds of the loan, A merely an
accommodation party.
If A and B, on the other hand, files a claim against P, such
claim is called a counterclaim, not a cross-claim.
3.
- There are also cases when a defendant named in the
complaint, has a cause of action against one who is not a
party to the action. This cause of action is a claim against a
third person either for contribution, indemnity, subrogation,
or any other relief in respect of the plaintiffs claim.
- The defendant may bring in the third person into the suit
and implead him as a party by filing, with leave of court, a
third-party complaint against him, thus making him a party
to the action.
4.
- Recall that the defendant files an answer to the complaint.
This answer is the responsive pleading to the complaint.
May the plaintiff likewise make his own response to the
answer?
Under the Rules, the plaintiff can. Upon receipt of the
answer of the defendant, the plaintiff may respond to the
answer. This response is done through a pleading called a
reply.
The purpose of a reply is to deny or allege facts in denial or
avoidance of new matters alleged in the answer. A reply is
the plaintiffs responsive pleading to the answer of the
defendant
A reply, unlike the answer, is not a compulsory pleading.
While the failure to file an answer may lead to a declaration
of default, the failure to file a reply does not have the same
consequence.
The failure to file a reply will not likewise result in the
implied admission of the material allegations in the answer
because allegations of new matters in the answer even if
not replied to, are deemed controverted or denied.
5.
- Recall also that a person not a party to the original action
may be impleaded by an original party and brought into the
action through a pleading called a third-party complaint.
- What if a person not a party to the complaint wants to be a
party to the action and no party is impleading him as a
defendant through a third-party complaint? How could this
be procedurally possible?
There are provisions in the Rules that adequately meet this
kind of situation. This is made possible through a process
called intervention.
Under the Rules, if at any time before judgment, a person
not a party to the action believes that he has a legal interest
in the matter in litigation in a case in which he is not a
party, he may, with leave of court, file a complaint-in-
intervention in the action if he asserts a claim against one or
all of the parties. On the other hand, if he unites with the
defending party in resisting a claim against said party, he
may file an answer-in-intervention.
IV. Pre-trial
1.
- After the last pleading has been served and filed, it is the
duty of the plaintiff to promptly move ex parte that the case
be set for pre-trial. A pre-trial is mandatory and failure to
appear by either party will result in adverse consequences
for the absent party. In a pre-trial, the parties shall, among
others, consider the possibility of an amicable settlement or
submission of the case to alternative modes of dispute
resolution.
2.
- During the pre-trial stage and generally at any time even
before pre-trial or trial, the parties may obtain information
from each other through the employment of devices
collectively known as discovery procedures.
- a party may avail of the various modes of discovery like
depositions, interrogatories to parties, request for
admission, production and inspection of documents, and
physical and mental examinations of persons.
3.
- The notice of pre-trial stage shall be served on counsel or
on the party himself if such party has no counsel.
- The counsel served with such notice is charged with the
duty of notifying his client.
4.
- Appearance in the pre-trial is the duty of both the counsel
and the parties.
- The unjustified failure of the plaintiff to appear shall be
cause for the dismissal of the action. The dismissal is with
prejudice unless otherwise ordered by the court.
- Unjustified failure of the defendant to appear shall be a
cause for the court to allow the plaintiff to present his
evidence ex-parte. The judgment of the court shall be based
on the evidence presented by the plaintiff.
5.
- At least 3 days before the date of the pre-trial, the parties
are required to file with the court and serve upon each other
their respective pre-trial briefs.
- Failure to file the same shall be equivalent to failure to
appear at the pre-trial.
V. Trial
1.
- Should there be no amicable settlement or a compromise
forged between the parties, the case will be set for trial.
During the trial, the parties present their evidence on their
claims and defenses. The plaintiff presents his evidence
first. After he rests his case, the defendant will present his
own evidence.
- If the defendant believes that upon the facts and the law,
the plaintiff is not entitled to relief, he may, instead of
presenting his own evidence, move for the dismissal of the
case. He does so by way of a demurrer to evidence.
If the demurrer is denied, the defendant still has the right to
present his evidence.
If the demurrer is granted but on appeal the order of
dismissal is reversed, the defendant is deemed to have
waived his right to present evidence.
2.
- A trial is not an indispensable stage of a civil action. A
judgment may be rendered even without a trial as when a
case is permanently dismissed as a consequence of a
motion to dismiss on certain grounds like prescription or
bar by a prior judgment.
- A judgment may also be rendered on the pleadings. Here
no trial is required because the basis of the decision would
merely be the pleadings of the parties. A judgment upon a
compromise may also occur even without a trial.
VI. Judgment
1.
- A judgment is rendered after the submission of the
evidence of the parties has been concluded. It is the
decision of the court and represents its official
determination of the respective rights and obligations of the
parties to the case.
2.
- There is no oral judgment under the Rules. It has to be in
writing, personally and directly prepared by the judge,
stating clearly the facts and the law on which it is based,
signed by him, and filed with the clerk of court.
3.
- Central to the concept of a judgment is the date of entry of
the judgment which under current procedure should also be
the date of the finality of the judgment.
- The date of entry of the judgment finds relevance when
the judgment is to be executed by motion. A final and
executory judgment may be executed on motion within 5
years from the date of its entry.
The date of the entry of judgment is also relevant when a
litigant files a petition for relief from judgment which is
filed within 60 days after the petitioner learns of the the court shall then be subject to execution. This is the
judgment, final order or other proceeding, and not more remedy afforded by procedural rules for the enforcement of
than 6 months after such judgment or final order was the judgment. It is the fruit as well as the end of the action.
entered.

VII. Post-judgment Remedies

1.
- The judgment will declare inevitably that a party wins and
the other party loses the litigation. The judgment is not the
end for the losing party because he is afforded remedies
against the adverse judgment.

- These remedies may be categorized into the following:

a. Remedies before the judgment becomes final and
executory.

b. Remedies after the judgment becomes final and

executory.

2.
- Before the judgment becomes final and executory the
aggrieved party may file the following:
a. A motion for reconsideration

b. A motion for new trial

c. An appeal

If the motion for new trial or the motion for reconsideration

is denied, the aggrieved party may appeal from the
judgment within the period for appeal following the so
called “fresh period” rule.

3.
- After the judgment becomes final and executory, a party
may no longer appeal because the period for appeal has
already lapsed.

- The judgment has become final and executory and the

prevailing party may, at anytime within five years from its
entry, file a motion for the execution of the judgment
rendered in his favor.

- The losing party may however, avail of extraordinary

remedies at this stage like

(a) A petition for relief

(b) An action to annul the judgment

(c) Certiorari

(d) Even attack the judgment collaterally when the nullity

of the judgment is plain and evident on its face.

VIII. Execution and Satisfaction of Judgments

- When all the remedies available to a party have been
exhausted and the case is finally decided, the judgment of