CIVIL PROCEDURE & SPECIAL PROCEEDINGS

Reporters:
Bruce Rhick A. Estillote /Robinson Mark A. Alcubar/Sittie Naida B. Bantuas
You are the owner of a land over which an apartment had been constructed . By
virtue of a contract of lease, you leased unto a certain person the aforesaid
apartment for a consideration of certain amount per month as rental to be paid
within the first ten (10) days of each month . But this certain person FAILED TO
PAY the agreed rental for several months up to present. You now sent a letter of
demand to vacate the apartment which was received by the defendant. Despite the
action, which was repeated by oral demands, that person failed and still refused to
pay the agreed amount of rentals and to vacated the apartment.
BEFORE YOU IS A CIVIL CASE WHICH YOU WOULD LIKE TO BE
RELIEVED FROM.

Your concern can only be relieved through civil procedure.

CIVIL PROCEDURE
Civil procedures are the rules and procedures to be followed and observed as
basis in handling civil proceedings. The two types of distinct actions in civil
proceedings are Ordinary Actions and Special Proceedings.

 Applicable in all courts, except otherwise provided by the Supreme Court

(Rule 1, Sec 2)
Exceptions:
1. Election cases
2. Land Registration
3. Cadastral
4. Naturalization
5. Insolvency
a. INITIATION OF ACTION
i.

Civil Action is one by which a party sues another for the

enforcement or protection of a right or the prevention or redress of a
wrong (Rule 1, Sec. 3)
2 kinds
1. Ordinary
2. Special

Cause of Action - The act/omission by which a party violates a right of

another. [Rule 2, Sec. 2]
Commencement of Action - by the filing of the original complaint in court.
(Rule 1, Sec. 5)
Splitting Of Cause Of Action - The act of dividing a single or indivisible
cause of action into several parts or claims and bringing several actions
thereon. It is not allowed. A party may not institute more than one suit for a
single cause of action.
Joinder Of Causes Of Action- If the plaintiff has several causes of action
against the same defendant, he may join them all in a single complaint,
although he is not obligated to do so. The joinder of causes of action is not
compulsory but purely permissive as the plaintiff can always file separate
actions for each cause of action.
upon filing of complaint, there is issuance of summons, to which the
complaint is attached to.
Summons- is a writ by which the defendant is notified of the action brought
against him. Service of such writ is the means by which the court acquires

jurisdiction over his person.Any judgment without such service in the

absence of a valid waiver is null and void.
Jurisprudence mentions that the failure to pay docket fees or the proper
amount, the action has not yet been commenced
ii.

Parties

Requirements For A Person To Be A Party To A Civil Action

1) He must be either:
a) A natural person;
b) A juridical person; or
c) An entity authorized by law.
1) The estate of a deceased person;
2) A political party incorporated under Act 1459 [now BP 68
(Corporation Code)];
3) A registered labor union [Sec. 243, PD 442 (Labor Code)], with
respect to its property.
2) He must have the legal capacity to sue;
3) He must be the real party in interest.
The rule is that only natural or juridical persons or entities authorized by
law may be parties in a civil case.
Parties To A Civil Action:
1) Plaintiff One having interest in the matter
of the action or in obtaining the relief
demanded.
2) Defendant One claiming an interest in the
controversy or the subject thereof adverse to
the plaintiff.
iii.

Venue Of Actions

Venue Place of trial or geographical location in which an action/proceeding

should be brought.
Jurisdiction - Power of the court to hear and decide a case
iv.

Pleadings

Pleadings - They are the written statements of the respective claims and
defenses of the parties, submitted to the court for appropriate judgment
[Rule 6, Sec. 1]

Motion- an application for relief other than by a pleading. [Rule 15, Sec. 1]
A MTD is not a pleading. However, there are motions that actually seek
judgment like a motion for judgment on pleadings (Rule 34) and motion for
summary judgment (Rule 35).

Pleadings Allowed [Rule 6, Sec. 2]

1. Complaint - The complaint is the pleading alleging the plaintiff's cause or
causes of action. The names and residences of the plaintiff and defendant
must be stated in the complaint.
2. Counterclaim - A counterclaim is any claim which a defending party may
have against an opposing party.
3. Cross-claim - A 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
the 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 the cross-claimant for all or part of a claim asserted in the action against
the cross-claimant.
4. Third-party Complaint - A third (fourth, etc.) party complaint is a claim that
a defending party may, with leave of court, file against a person not a party
to the action, called the third (fourth, etc.) party defendant, for contribution,
indemnity, subrogation or any other relief, in respect of his opponent's claim.
5. Complaint-in-intervention- If intervenor asserts a claim against either or all
of the original parties.
6. Answer - An answer is a pleading in which a defending party sets forth his
defenses.
7. Reply - A reply is a pleading, the office or function of which is to deny, or
allege facts in denial or avoidance of new matters alleged by way of defense
in the answer and thereby join or make issue as to such new matters. If a
party does not file such reply, all the new matters alleged in the answer are
deemed controverted. If the plaintiff wishes to interpose any claims arising

out of the new matters so alleged, such claims shall be set forth in an
amended or supplemental complaint.
8. Counter-counterclaim - any claim which a defending party may have against
an opposing party.
9. Counter-crossclaim - any claim by one party against a co-party arising out of
the transaction or occurrence that is the subject matter either of the original
action or of a counterclaim therein.

b. JUDGMENT ON THE PLEADINGS

Where an answer fails to tender an issue, or otherwise admits the material
allegations of the adverse party's pleading, the court may; on motion of that
party, direct judgment on such pleading. (1a, R19)
Judgment on the pleadings is the fastest way to terminate proceedings
compared to demurrer to evidence and summary judgments.

c. SUMMARY JUDGMENT
A judgment granted by the court for the prompt disposition of civil actions,
if it clearly appears that there exists no genuine issue/controversy as to any
material fact, except as to the amount of damages.

 Filing of a motion for summary judgment does not interrupt the running of
the period for filing an answer.

d. PRE-TRIAL
At the pre-trial conference, the following shall be done:
a. The judge will all tact, patience and impartiality shall endeavor to persuade the
parties to arrive at a settlement of the dispute; if no amicable settlement is reached,
then he must effectively direct the parties toward the achievement of the other
objectives or goals of pre-trial set forth in Section 2, Rule 18, 1997 Rules of Civil
Procedure.
b. If warranted by the disclosures at the pre-trial, the judge may either forthwith
dismiss the action, or determine the propriety of rendering a judgement on the
pleadings or a summary judgement.
c. The judge shall define the factual issues arising from the pleadings and endeavor
to cull the material issues.
d. If only legal issues are presented, the judge shall require the parties to submit
their respective memoranda and thereafter render judgment.
e. If trial is necessary, the judge shall fix the trial dates required to complete
presentation of evidence by both parties within ninety (90) days from the date of
initial hearing.