LEX PARETO NOTES

CIVIL PROCEDURE proper

Cases governed
1. Rules shall govern the procedure in actions, civil or criminal, and special
proceedings.

Civil action v special proceeding

Civil actions - one by which a party sues another for enforcement or protection of
a right, or the prevention or redress of a wrong.
Special proceeding is a remedy by which a party seeks to establish a status, a
right, or a particular fact

Inapplicability (CLINE.O)
cadastral proceedings, land registration cases, insolvency proceedings,
naturalization cases, election cases, or other not provided by law,
XPN: analogous in character, suppletory,

Commencement of action
- by the filing of the original complaint in court
If an additional defendant is impleded, action is commenced with regarding on date
of filing of such later pleading

Cause of action - act or omission, by which a party violated a right of another

Cause of Action v Action v Right of Action

Action

SPLITTING A SINGLE CAUSE OF ACTION, effect, - if two or more suits are instituted
on basis of same cause of action, the filing of one or a judgment upon merits in
any one is available as a ground fir dismissal of others

JOINDER OF CAUSES OF ACTION

- party may in one pleading assert, in alternative or otherwise, as many causes of
action, he may have against opposing party
PROVIDED
party, shall comply with the rules on joinder of parties(there must be a question
of fact or law common to both parties joined arising out of same or series of
transaction according to rule)
- joinder shall not include special civil acti0n/s governed by special rules
- where the causes of action are between same parties, but pertain to different
venues or jurisdiction, the joinder may be allowed in RTC provided that one of the
causes of action falls within jurisdiction of said court and venue lies therein
where the claims in all the causes of action are principally for recovery of money,
totality rule apply as the test of jurisdiction

PARTIES TO CIVIL ACTONS

PERMISSIVE JOINDER OF PARTIES

-parties could not be joined as defendants in one complaint if the right to relief
against both defendants does not arise out of the same transaction or series of
transactions and there is no common question of law or fact common to both.

COMPULSORY JOINDER OF PARTIES

Parties in interest without whom no final determination can be had of an action
shall be joined either as plaintiffs or defendants
CLASS SUITS
When the subject matter of the controversy is one of common or general interest to
many person
so numerous
that it is impossible to join all as parties
a number of them which the court finds to be sufficiently numberous
and representative as to fully protect the interests of all concerned,
may sue or defend, for the benefit of all
Any party in interest shall have the right to intervene to protect his individual
interest

DEATH OF PARTY, duty of counsel

Whenever a party to a pending action dies, and claim is not extinguished, it shall
be the duty of counself to inform court within 30 days after such death of the
fact, and to give the name and address of his legal representatives or
representatives.

Failure of counsel to comply with such duty shall be a ground for disciplinary
action. Heirs of deceased may be allowed to be substituted for deceased without
requiring the appointment of executor or administrator and the court may appoint
GAL for minor.
Court order, such legal representative to appear and be substituted within 30 days
period. If none, of if such person fail to appear, court may order opposing party
to procedure appointment of executor or admin for decedent's estate.

No summons is required for def who is substituted for deceased since it is the
court that orders him to br substituted for deceased.

TRANSFER OF INTEREST,
if transfer of interest, the actions may be continued by or against original party,
unless court upon motion directs the person to whom interest is transferred to be
substituted in action or joined with original [party

VENUE
actions affecting title to, or possession of real property or interest, shall be
commenced and tried in proper court which has jurisdiction over area wherein real
property is situated

Forcible entry and detainer action shall be commenced and tried in MTC otr C
wherein property or portion is situated

All other actions may be commecned and tried

where plaintiff or any of the principal plaintiff resides
where defendant or any of principal defendant resides
in the case of non-resident defendants, where he may be found,at plaintiff's
election

RULE not applicable

in those cases where a specific rule or law provides otherwise
where parties have validly agreed in writing before filing of action on exclusive
venue

Stipulation must contain restrictive words which shows that parties intended to
limit the place stipulated as exclusive venue. Otherwise, the stipulated venue is
merely considered as an additional venue in addition to provided for by law

KINDS OF PLEADINGS
Pleadings are written statements of respective claims and defenses of the parties
submitted to court for appropriate judgment

Pleadings allowed
Claims of a party ar asserted in a complaint, cc, xc, 3rd party complaint, or
complaint in intervention. Defenses of a party are alleged in answer to pleading
asserting a claim against him. Answer may be respondend to by reply

COMPULSORY COUNTERCLAIM,
1. one which, being cognizable by regular courts of justice,
arises out of or is connected with transaction or occurrence constituting the
subject matter of opposing party's claim2. doe not require for its adjustication
the presence of third parties of whom corut cannot acquire jurisdiction

Such a counterclaim must be witihn jurisdiction of court both as to the amount and
nature, except that in an original action, before RTC, the cc may be considered
compulsory regardless of amount.

CROSS-CLAIM - is any claim by one party against a co-party arising out of the
transaction or occurrence that is the subject matter either of original action, or
of a counterclaim therein

Such cross-claim may include, a claim that the party against whom it is asserted is
or may be liable to cross-claimant for all or part of a claim asserted in the
action against the cross-claimant.

BRINGING NEW PARTIES

- other than those to the original action may be brought in by the court as
defendants, if it is required for the granting of complete relief in determination
of a counterclaim or cross-claim. Provided that jurisdiction over then be obtained

REPLY
is a pleading, the function of which is to deny, allege new facts in denial or
avoidance of new matters. If a party does nor file, such reply, all the new matters
alleged in answers are deemed controverted.

If plaintiff wishes to interpose any claims arising out of new matters so alleged,
such claims shall be set form in amended or supplemental complaint

PARTS OF PLEADING
- must be signed by party or counsel representing him, stating in either cae, his
address which he should not be a post office box.
Signature of counsel constitutes a certificate by him, that he has read the
pleading, that to the best of his knowledge, information and belief that there is a
good ground to support it, and
that it i not interposed for delay

CERTIFICATION AGAINST FORUM SHOPPING

Plaintiff or principal party, shall certify under oath in the complaint or other
intiatory pleading asserting a claim for relief, or in a sworn certification
annexed and simultaneously filed

that he has not therefore commenced any action or filed any claim invovlving the
same issues in any court, tribunal o quasi-judicial agency and, to the best of his
knowledge, no such other action or claim is pending
if there is such other pending action or claim, a complete statement of present
status, and if he should thereafter learn that the same or similar action or claim
has been filed, to report that fact to the court wherein complaint or initiatory
pleading has been filed.
MANNER OF MAKING ALLEGATIONS

Fraud, mistake and condition of mind (must be stated with particularity)

How to contest such documents

When an action or defense is founded upon a written instrument, copied in or
attached to the corresponding pleading as provided

genuineness and
due execution of instrument

shall be deemed admitted, unless the adverse party, under oath, specifically denies
them, and sets forth what he claims to be the facts, but the requirement of an oath
does not apply.

SPECIFIC DENIAL - defendant must specify each material allegations of fact the
truth of which he does not admit, and whenever practicable, shall set forth the
substance of the matters upon which he relies upon to support his denial.

EFFECT OF FAILURE TO PLEAD

Defenses and objections not pleaded either in a motion to dismiss or in the answer
are deemed waived

XPN:
lack of jurisdiction over subject matter
litis pendencia
res judicata
prescription

DEFAULT
a party is declared in default when he fails to answer within the time allowed,
court, upon motion of claiming party, whith notice, and proof of such failure,
declare such party in default. Court shall proceed to render udgment granting
claiming such relief as his pleading may warrant, unless the court, in its
discretionm requires the claimant to present evidence

EFFECT OF ORDER OF DEFAULT - party in default shall be entited to notice of

subsequent proceedings, but not to take part in trial

RELIEF FROM ORDER OF DEFAULT- may at any time after notice, and before judgment
file a motion to set aside the order of default

upon showing that his failure to answer was due to fraud, accident, mistake, or
excusable negligence
- he has a meritorious defense

EFFECTS OF DEFAULT TO A PARTY

- lose his standing in court
- this doe snot mean that he cannot be presente as a witness for non-disqualified
parties

AMENDED AND SUPPLEMENTAL PLEADING

AMENDED by adding or strikig out an allegation or name of party or a mistaken or
inadequate allegations or description in any other respect, so that actual merits
of controversy may be speedily be determined without regard to technicalities and
in the most expeditious and inexpensive manner

AMENDED AS A MATTER IF RIGHT, a party may amend his pleading as a matter of right
at any time, before a responsive pleading is served or, in case of reply, at any
time, in case of reply, within 10 days