Civil procedure Civil actions v special proceedings

Action Ordinary action Special proceeding

Nature Generally, adversarial in Generally, no definite
- An action is the legal and formal demand of one’s right from another person, made nature adverse party because it is
and insisted in a court of justice directed against the whole
world
Ordinary civil actions Purpose To protect/enforce a right or To establish a right,status or
prevent or redress a wrong fact
Governing rules Governed by ordinary rules Governed by special rules
- A party sues another for the enforcement or protection of a right; or the
supplemented by special supplemented by ordinary
prevention or redress of a wrong rules rules
Court w/ jurisdiction Courts of general jurisdiction Courts by limited jurisdiction
Special civil actions How initiated Initiated by a pleading Intiated by a petition
Applicability of pleadings Generally allowed to file Generally not applicable
- Actions which, while governed by the rules for ordinary civil actions, are subject to answer, counterclaim, cross-
specific rules prescribed for under 62 – 71, RC claim and 3rd party
complaint
Criminal actions appeal Period to appeal is only 15 Period to appeal is 30 days
days and notice of appeal days and aside from a notice
- Action by which the State prosecutes a person for an act or omission punishable by suffices of appeal
law

Special proceedings Personal action

- An application to establish the status or right of a party to a particular fact or any - Is one founded on the privity of contract
remedy other than an ordinary action in a court of justice - In this action one seeks to enforce a contract, recover personal property, or
recover damages

Real action

- An action affecting title to, or possession of real property or interest therein

Importance of distinction between personal and real actions?

- To determine the venue of the actions

Local action - Art. 32, 33, 34 and 2176 of CC

- An action brought in the place where the subject property or a part thereof is Cause of action
located
Meaning
Transitory action
- Act or omission by wchich a party violates the rights of another
- One which depends on where the party resides and regardless of where the cause
of action arose. Right of action

Tests to determine the nature of the action - The right to commence and prosecute an action to obtain the relief sought

a. If ultimate objective is to recover real property  real action Elements of ROA

b. Allegations of facts and the relief prayed for may be determinative of the nature of
the action a. Existence of a cause of action
b. Performance of all conditions precedent to the bring of the action
Action in personam In rem Quasi in rem c. Right to bring and maintain the action must be in the person instituting it
Directed against particular Directed against the thing Directed against particular
persons. The defendant is itself persons Distinguish ROA from COA
sought to be held liable
Jurisdiction over the person < not required < not required as long as a. A cause of action refers to the delict or wrong committed by the defendants
of the defendant is required jurisdiction over the res is whereas right of action refers to the right of the plaintiff to institute the action
acquired b. A cause of action is determined by the pleadings; whereas a right of action is
An action to impose a A proceeding to determine A proceeding to subject the
determined by substantive law
responsibility or liabilityt the state or condition of a interest of a named
upon a person directly thing defendant over a particular c. A right of action may be taken away by the running of the statute of limitations, by
property to an obligation or estoppel or other circumstances which DO NOT affect the cause of action
lien burdening it
Judgment is binding only Binding on the whole world Binding upon particular Failure to state a cause of action
upon the parties impleaded persons
or their successors-in- - If the elements of a cause of action are not extant, the complaint becomes
interest vulnerable to a motion to dismiss on the ground of failure to state a cause of
Ex. Action for specific Land registration cases Action to foreclose a real action. Rule 16 (g)
performance estate mortgage
Does dismissal based on a failure to state a cause of action bar the subsequent re-filing of the
complaint?
Importance of knowing the distinctions between actions in personam, in rem and quasi in rem
- No. Dismissal of a complaint for failure to state a cause of action is one without
- To determine WON jurisdiction over the person of the defendant is required and
prejudice
consequently to determine the type of summons to be employed

Distinctions between “failure to state a cause of action” and “lack of cause of action”
Independent Civil Actions
 a. Failure to state a cause of action where the complaint does not allege a sufficient - Whether more than one primary right or subject of controversy is present
cause of action; there is a lack of cause of action where the evidence does not - Whether recovery on one ground would bar recovery on the other
sustain the cause of action alleged - Whether the same evidence would support the other different counts and
b. The ground of failure to state a cause of action is raised in a motion to dismiss whether separate actions could be maintained for separate relief
under rule 16 before a responsive pleading is filed and can be determined only - Whether more than one distinct primary right of subject of controversy is alleged
from the allegations in the initiatory pleading and not from the evidentiary or for enforcement or adjudication
other matters alliunde; the ground of lack of cause of action is raised in a demurrer
to evidence under rule 33 after the plaintiff has rested his case and can be resolved Limitations to the joinder of causes of action
only on the basis of the evidence he has presented in support of his claim
c. The first does not concern itself with the truth and falsity of the allegations while a. Party joining the causes of actions shall comply with the rules on joinder of parties
the second arises precisely because the judge has determined the truth and falsity b. The joinder shall not include special civil actions or actions governed by special
of the allegations and has found the evidence wanting rules
c. The causes of action are between the same parties but pertain to different venue
Test of sufficiency of a cause of action or jurisdiction
d. The claims in all the causes of action are principally for recovery of money, the
- WON admitting the facts alleged the court can render a valid judgment upon the aggregate amount claimed shall be the test of jurisdiction
same in accordance with the prayer thereof
How many causes of action be joined?
Splitting a single cause of action
- Cumulatively or alternatively
- Act of instituting two or more suits for the same cause of action
Cumulative joinder
Effect?
- One is seeking relief for all of his causes of action
- The filing of one (litis pendencia) of a judgment upon the merits (res judicata) in
one shall be a ground for the dismissal of the others Alternative joinder

Note - Causes of action is against either one or the other defendant. One is not seeking
from both but from either one.
- 2 remedies that arose from one wrongful act cannot be pursued in two different
cases Misjoinder of causes of action

Joinder of causes of action - When two or more causes of action were joined in one complaint when they
should not be so joined.
- Uniting two or more demands or right of action in a complaint - It is not a ground for the dismissal of the action

Remedy

- File a motion by a party or upon the court’s initiative to sever the erroneously
joined cause of action

Parties to civil actions

Test involved in a joinder of causes of action
Real party in interest Indigent parties

- Party who stands to be benefited or injured by the judgment in the suit, or the - One who has no money or property sufficient and available for food, shelter and
party entitled to the avails of the suit basic necessities for him and his family.
- A party may be authorized to litigate his action, claim or defense as indigent.
Indispensable party - Exempted from the payment of docket fees and transcript of stenographic notes.
However, if judgment is favorable then the cost would be a lien on the judgment.
- A real party-in-interest without whom no final determination can be had of an On the other hand, if not favorable, wala lang.
action
Alternative defendants
What is the nature of the defect of the pleading if an indispensable party is not impleaded?
- Where the plaintiff is uncertain against who of several persons he is entitled to
- An outright dismissal is not the remedy relief, he may join any or all of them as defendants in the alternative, although a
- The court shall order such party to be impleaded right to relief against one may be inconsistent with a right to relief against the
other.
Who can be representatives of parties?
Compulsory and permissive joinder of parties
- A trustee of an express trust
- A guardian Permissive joinder, when allowed?
- An executor
- An administrator a. Right to relief arises from the same transaction or series of transactions
- A party authorized by law or the rules of court b. There is a question of law or fact common to all the plaintiffs or defendants
c. Joinder is not proscribed by the provisions of the rules on jurisdiction and venue
Are representatives allowed as parties?
Compulsory joinder?
- Yes, where the action is allowed to be prosecuted or defended by a representative
of someone acting in a fiduciary capacity, the beneficiary shall be included in the - A joinder of a party becomes compulsory when the one involved is an
title of the case and shall be deemed to be the real party in interest indispensable party.

Necessary parties Failure to join indispensable parties automatically dismisses the case?

- One who is not indispensable but who ought to be joined as a party. If complete - NO. It is only when the order of the court to implead an indispensable party goes
relief is to be accorded or for a complete determination or settlement of the claim unheeded may the case be dismissed
subject of the action

Effect of non-inclusion of the necessary party?

- Does not prevent the court from proceeding with the action and the judgment
therein shall be without prejudice to the rights of such necessary party not
impleaded.
- Failure to comply with the order of the court to include a necessary party without Misjoinder and non-joinder of parties
justifiable cause = waiver of claim against such person
Misjoinder
 - When one is made a party to the action although he should not be impleaded - Where the claim is not extinguished by the death of the litigant
o It shall be the duty of his counsel to inform the court of such fact within
Non-joinder 30 days from such death and to give the name and addresses of the
legal representatives
- When one is supposed to be joined but is not impleaded in the action
Note
Is misjoinder or non-joinder a ground for dismissal?
- Heirs(administrator,executor) may be substituted as parties for the deceased
- Not per se a ground for the dismissal of the action.
- However, when the court orders the joinder or dropping of a party and such is not Venue v jurisdiction
obeyed, the grounds for dismissal will be the failure to comply with the court’s
order a. Venue is the place where the cause of action is instituted, heard or tried;
jurisdiction is the power of the court to hear and decide a case
Class suit b. Venue is procedural while jurisdiction is substantive
c. Venue may be waived; jurisdiction over the subject matter cannot be the subject
Meaning of the agreement of the parties because it is conferred by law
d. Venue is not a ground for motu proprio dismissal except in a summary procedure;
- An action where one or more may sue for the benefit of all lack of jurisdiction of the subject matter is a ground for a motu proprio dismissal
o implying that if the parties are numerous and it is impractical to bring
them all to court, one or more may sue for their benefit Venue of real actions

Requisites - The venue is the place where the real property involved is situated

a. the subject matter of the controversy is one of common or general interest to Venue of personal actions
many persons
b. persons are so numerous that it is impractical to join them all as parties - Venue is transitory. Hence, it is the residence of the plaintiff or defendant at the
c. parties bringing the class suit are sufficient in number and representatives of the election of the plaintiff
class as to fully protect the interest of all concerned
d. the representatives sue or defend for the benefit of all Venue of actions against non-residents

suit against entities without juridical personality - If the action is personal and the defendant is a non-resident
o The venue is the residence of the plaintiff or where the non-resident
Rules regarding suits against entities without juridical personality defendant may be found at the election of the plaintiff

- persons associated in an entity without juridical personality may be sued under

the name by which they are generally or commonly know, but they cannot sue
under such name.

Effect of death of party litigant Note

Effect?
 - When the action is real, and the defendant is a non-resident not found in the RP
and the action affects the personal status of the plaintiff or any property of the
defendant in the RP Complaint
o The venue shall be the residence of the plaintiff or where the property
or any portion thereof is situated - An initiatory pleading alleging the plaintiff’s cause or causes of action
- It should contain a concise statement of the ultimate fact constituting the
When the rules on venue does not apply plaintiff’s cause of action
- The jurisdiction of the court and the nature of the action are determined by the
a. The rules of substantive law provides otherwise averments in the complaint
b. The parties have validly agreed in writing before the filing of the action on the
exclusive venue thereof Answer

Can parties agree upon a specific venue? - A responsive pleading in which a defending party sets forth his defenses
- It only applies to civil cases
- Yes. However, it should comply with the following requisites:
o Agreement must be in writing What types of defenses may be set up by the defendant?
o It must be made before the filing of the action
o There must be exclusivity as to the selection of the venue - Negative and affirmative defenses

Negative defenses
Effect of stipulation on venue agreed upon by the parties?

- The specific denial of the material fact or facts alleged in the pleading of the
- While they are considered valid and enforceable, venue stipulations in a contract
claimant essential to his cause or causes of action
do not, as a rule, supersede the general rule set forth in Rule 4 in the absence of
qualifying or restrictive words
Absolute denial
Pleadings
- When the defendant specifies each material allegation of fact the truth of which
he does not admit and whenever practicable sets forth the substance of the
Meaning?
matters upon which he relies to support such denial
- Written statements of the respective claims and defenses of the parties submitted
Partial denial
to the court for appropriate judgment

- The defendant does not make a total denial of the material allegations in a specific
paragraph, denying only a part of the averment

Denial by disavowal of knowledge

- When the defendant alleges having no knowledge or information sufficient to form

a belief as to the truth of a material averment made in the complaint
o Must be in good faith

General denial
Kinds of pleadings
 - If the denial does not fall within the scope of the abovementioned kinds of specific o A pleader fails to set up a counterclaim through oversight,
denial inadvertance, excusable negligence, or when justice requires, he may,
o It is considered as an admission of the averment not specifically denied by leave of court, set up the counterclaim by amendment of the
pleadings before the judgment
Negative pregnant
Permissive counterclaim
- It is said to be a denial pregnant with an admission of the substantial facts in the
pleading responded to. - If any of the elements of a compulsory counterclaim is absent
- It is not a specific denial and is actually an admission
- This arises when the pleader merely repeats the allegations in the negative form Permissive counterclaim v compulsory counterclaim

Affirmative defenses a. A permissive counterclaim may be set up as an independent action and will not be
barred if not contained in the answer to the complaint; a compulsory counterclaim
- Are in the nature of confession and avoidance. shall be contained in the answer because a compulsory counterclaim not set up
- They import that, admitting the allegations of the complaint to be true, yet the shall be barred
matters set out in the answer deny or take away the plaintiff’s right of action b. Permissive counterclaim is considered an initiatory pleading; a compulsory
counterclaim is not an initiatory pleading
Note c. A permissive counterclaim should be accompanied by a certification against forum
shopping , and whenever required by law, also a certificate to file action by the
- Affirmative defenses include, fraud, statute of limitations, release, payment, lupong tagapamayapa; a compulsory counterclaim does not require such
illegality, statute of frauds, estoppel, former recovery, discharge in bankruptcy certificate
d. A permissive counterclaim, must be answered by the party against whom it is
Counterclaims interposed. Otherwise, he may be declared in default as to the counterclaim; a
compulsory counterclaim that merely reiterates special defenses are deemed
- Claims which a defending party may have against an opposing party
controverted even without a reply

Compulsory counterclaim; elements

Effect on counterclaim when the complaint is dismissed

a. It is cognizable by the regular courts of justice

- A party who desires to plead a compulsory counterclaim should not file a motion
b. it arises out of the, or is necessarily connected with the transaction or occurrence
to dismiss.
that is the subject matter of the opposing party’s claim,
- If he files a motion to dismiss and the complaint is dismissed there will be no
c. that it does not require for its adjudication the presence of third parties of whom
chance to invoke the counterclaim
the court cannot acquire jurisdiction, and
d. that the court has jurisdiction to entertain the claim. 
e. The defending party has a counterclaim at the time he files his answer

Why is the filing of a compulsory counterclaim important?

- The failure of the defendant to set up a compulsory counterclaim shall bar its
institution, except:
o If the counterclaim matured or was acquired after the defendant had
served his answer Note
 - However, if the dismissal of the complaint where the defendant has previously - A pleading filed by a 3rd person who is not a party to the action but having an
filed an answer and a counterclaim, shall allow the latter to prosecute the interest in the matter of the litigation and asserting a claim against either or all of
counterclaim whethere in the same or a separate action notwithstanding such the original parties to the action
dismissal:
Reply
a. If no motion to dismiss has been filed, any of the grounds for dismissal provided
for in this Rule may be pleaded as an affirmative defense in the answer and, in the - A responsive pleading to an answer
discretion of the court, a preliminary hearing may be had thereon as if a motion to - Its function is to deny or allege facts in denial or avoidance of new matters alleged
dismiss had been filed. by way of defense in the answer

- If during the hearing on the affirmative defenses, the court decides to dismiss the Is a reply mandatory?
complaint, the counterclaim pleaded in the answer, compulsory or permissive, is
not dismissed - Generally a reply is not mandatory and will not have an adverse effect

Exceptions
b. Where the plaintiff himself files a motion to dismiss his own complaint after the
defendant has filed an answer with counterclaim, the dismissal shall be without
- A reply may be necessary when the answer is based upon an actionable document
prejudice to the right of the defendant to prosecute his counterclaim in a separate
- To set up affirmative defenses on the counterclaims
action unless within 15 days from notice of the motion, he manifests his
preference to have his counterclaim resolved in the same action
Note
c. Where the complaint is dismissed due to the plaintiff’s fault and at a time when a
counterclaim has already been set up. The dismissal is also without prejudice to - Legal interest means that one is actual & material, direct and of immediate
the right of the defendant to prosecute his counterclaim in the same or separate character not merely contingent /extenat so that the intervenor will either
action gain/lose by the direct legal operation of the judgment

Cross-claims Pleadings allowed in small claims cases

- Any claim by one party against a co-party arising out of the transaction or - Statement of claim
occurence that is the subject matter of either the original action or of a - Response
counterclaim therein. - Counterclaim in the response

3rd (4th) party complaints What kinds of pleadings are allowed in cases goverened by the rules on summary procedure

- A complaint independent of the plaintiff’s complaint where the defendant may, - Complaint
with leave of court, file against a person not a party to the action for contribution, - Compulsory counterclaims pleaded in the answer
indemnity, subrogation or any other relief. - Crossclaims pleaded in the answer and the answers thereto

Note:

- All must be verified

Complaint-in-intervention Parts of pleading

Caption

- Contains the name of the court