Professional Documents
Culture Documents
PRO
(Judge
Dela
Rosa)
CODAL
MEMORY
AID
+
Consolidated
Rev
A.PORTA
RULE 1 General Principles
Section 1. Title of the Rules
- Rule shall be known and cited as the Rules of Court.
Rules of Court has reference to the body of rules governing pleading, practice and procedure promulgated by the SC pursuant to its rule making powers
under the Consti
o They do not originate from the legislature, the cannot be called laws in the strict sense
o But since they are promulgated by authority of law, they have the force and effect of law if not in conflict w/ positive law
o RoC are NOT penal statutes= they cannot be given retroactive effect
o Rules of Procedure may be made applicable to action pending and undetermined at the time of their passage and are deemed retroactive in that
sense
General Rule: the retroactive application of procedural laws cannot be violative of any personal rights because no vested right may attach
CIV
PRO
(Judge
Dela
Rosa)
CODAL
MEMORY
AID
+
Consolidated
Rev
A.PORTA
CIV
PRO
(Judge
Dela
Rosa)
CODAL
MEMORY
AID
+
Consolidated
Rev
A.PORTA
The moment claim is filed before the court the claim is converted into an action or suit
Classification of Actions
A. In general
1. Ordinary civil action
a. Governed by ordinary rules
b. Formal demand of ones legal right in a court of justice in the manner prescribed by the court or by law
2. Special civil action
a. Also governed by ordinary rule BUT SUBJECT to specific rules prescribed
b. Special features not found in ordinary civil actions
B. As to object
Action in Personam
Action against a PERSON on the
basis of his personal liability
Action in Rem
Action against the THING
itself
Personal Action
Not founded upon the privity of
real rigths or real property
Transitory venue depends
upon the residence of
plaintiff/defendant
Ex. Action for sum of money
Mixed Action
Brought for the protection or
recovery of real property and
also for an award for damages
sustained
Governed by the ruled of venue
in real action
Ex. Accion publiciana with claim
for damages
CIV
PRO
(Judge
Dela
Rosa)
CODAL
MEMORY
AID
+
Consolidated
Rev
A.PORTA
Distinction between real action and personal action is important for the purpose of determining the venue of the action
Action in personam is no necessarily a personal action nor is a real action necessarily an action in rem
Action to recover title to or possession of real property is a real action but it is an action in personam
Action for declaration of nullity of marriage is a personal action because it is not founded on real estate. It is also in rem because the issue of the status of
the person is one directed against the whole world
Action for damages is both a personal action and an action in personam
D. As to place
Local
Action founded on privity
of estate and there is no
privity of contract
Rules should be instituted
in a particular place
Transitory
Action founded on privity of
contract bet. parties
Venue dependent upon
residence of
plaintiff/defendant regardless
of where the cause of action
arose
The nature of the action is NOT determined by what is stated in the caption of the complaint but by the allegations of the complaint and the reliefs prayed
for
If the ultimate objective of the plaintiffs is to obtain title to real property, it should be filed in the property court having jurisdiction over the assessed value
of the property subject thereof
When demand is alternative (ex. action for specific performance or in the alternative, for damages in the amount of 180k = CAPABLE of pecuniary
estimation because the alternative prayer is sum of money
CIV
PRO
(Judge
Dela
Rosa)
CODAL
MEMORY
AID
+
Consolidated
Rev
A.PORTA
Case is deemed filed upon payment of the docket fee REGARDLESS of actual date of filing in court
(Manchester case)
Section 6. Construction.
- Liberally construed in order to promote their objective of securing a just, speedy and inexpensive disposition of every action and proceeding.
CIV
PRO
(Judge
Dela
Rosa)
CODAL
MEMORY
AID
+
Consolidated
Rev
A.PORTA
(d) Where the claims in all the causes action are principally for recovery of money, the aggregate amount claimed shall be the test of jurisdiction.
CIV
PRO
(Judge
Dela
Rosa)
CODAL
MEMORY
AID
+
Consolidated
Rev
A.PORTA
RULE 3 Parties to Civil Actions
CIV
PRO
(Judge
Dela
Rosa)
CODAL
MEMORY
AID
+
Consolidated
Rev
A.PORTA
1. If the plaintiff motion to dismiss may be filed on the ground that the plaintiff has no legal capacity to sue
2. If the defendant may be dismissed on the ground that the pleading states no cause of action or failure to state a cause of action
if the plaintiff has capacity to sue but he is not a real party in interest, the ground for dismissal is a failure to state a cause of action or that the
complaint states no cause of action
CIV
PRO
(Judge
Dela
Rosa)
CODAL
MEMORY
AID
+
Consolidated
Rev
A.PORTA
Should the court find the reason for the omission unmeritorious, it may order the inclusion of the omitted necessary party if jurisdiction over his person may
be obtained.
The failure to comply with the order for his inclusion, without justifiable cause, shall be deemed a waiver of the claim against such party.
The non-inclusion of a necessary party does not prevent the court from proceeding in the action,
o The judgment rendered therein shall be without prejudice to the rights of such necessary party.
CIV
PRO
(Judge
Dela
Rosa)
CODAL
MEMORY
AID
+
Consolidated
Rev
A.PORTA
The court charges in procuring such appointment, if defrayed by the opposing party, may be recovered as costs.
10
CIV
PRO
(Judge
Dela
Rosa)
CODAL
MEMORY
AID
+
Consolidated
Rev
A.PORTA
11
CIV
PRO
(Judge
Dela
Rosa)
CODAL
MEMORY
AID
+
Consolidated
Rev
A.PORTA
12