Professional Documents
Culture Documents
CIVIL ACTION
one which by a party sues another/
for the enforcement/ or protection of
a right/, or the prevention/ or
redress of a wrong
Purpose: primarily compensatory or
remedial
CRIMINAL ACTION
one by which the State/ prosecutes
a person/ for an act or omission
punishable by law
primarily punishment
In Rem
- an action against the
thing itself/ instead of
against the person
summons
Quasi in rem
- one
wherein
an
individual/ is named as
defendant/
and
the
purpose of the proceeding/
is to subject his interest
therein/ to the obligation or
lien burdening the property
- same as in rem
Meaning
- the act or omission/ by which a party/ violates the rights of another
When cause of action is required
- Every ordinary civil action must be based on a cause of action.
Elements of a cause of action (ROA)
1. A right in favor/ of the plaintiff/ by whatever means/ and under whatever law it
arises/ or is created.
2. An obligation/ on the part of the named defendant/ to respect/ or not to violate
such right.
3. An act or omission/ on the part of such defendant/ in violation of the right of the
plaintiff/ or constituting a breach of the obligation of the defendant/ to the plaintiff/ for
which the latter/ may maintain an action for recovery of damages/ or other appropriate
relief.
Cause of action as applied to administrative cases
- whether the respondent has breached the norms and standards of the office
Cause of action based on contracts
1. A cause of action for breach of contract does not require the allegation and
proof of the negligence of the defendant.
2. A cause of action based on breach of contract merely requires the following
elements: (1) the existence of a contract, and (2) the breach of the contract.
3. The mere proof the existence of the contract/ and the failure of its compliance/
justify,/ prima facie,/ a corresponding right of relief.
4. If a carrier is sued based on a breach of contract of carriage,/ negligence need
not be proved by the plaintiff,/ negligence not being an element of the cause of action of
a suit/ predicated upon a breach of contract of carriage.
Cause of action based on the vicarious liability of an employer
- Negligence as an element of a quasi-delict must be alleged and proved.
- The negligence of the following persons described under Article 2180 of the Civil
Code, although based on a quasi-delict, is presumed:
1. father, mother, guardian;
2. owners and managers pf an establishment or enterprise;
3. employers;
The employers negligence in the selection and supervision of his
employee is presumed/ and his liability shall only cease/ if he successfully
proves his observance of the diligence required/ of a good father of a family/ to
prevent damage.
The liability of the employer is direct and immediate and is not
conditioned upon a prior recourse against the negligent employee/ and a
prior showing of the insolvency of such employee.
UNLAWFUL DETAINER
- if the entry is legal but the
possession thereafter becomes illegal
- the above allegations are not
required in an unlawful detainer case,
instead, there must be an allegation in the
complaint/ of how the possession of
defendant started or continued,/ that is,/
by virtue of lease or any contract,/ and the
defendant holds possession of the land or
building/
after
the
expiration
or
termination/ of the right to hold possession
by virtue of any contract, express or
implied
In this case, there can only be one action/ and the plaintiff must recover all
his damages therein.
Effect of splitting a single cause of action (Bar 1998; 1999)
- Sec. 4, Rule 2 of the Rules of Court: If two or more suits are instituted for a single
cause of action,/ the filing of one/ or a judgment upon the merits in any one/ is
available as a ground for dismissal of the others.
- litis pendentia: if the first action is pending/ when the second action is filed; res
judicata: if a final judgment had been rendered in the first action/ when the second
action is filed
Joinder of causes of action (Bar 1996; 1999; 2000; 2005; 2011)
- the assertion of as many causes of action/ as a party may have/ against another/
in one pleading alone
- merely permissive
- Totality test for purposes of jurisdiction: when the claims in all causes of
action/ are principally for the recovery of money,/ the aggregate amount claimed shall
be the test of jurisdiction
- The joinder does not include special civil actions/ or actions governed by special
rules.
- When there are two or more defendants,/ or two or more plaintiffs,/ the causes of
action against the defendants can only be joined/ if there is a compliance with the rules
on joinder of parties (RSQ).
1. a right to relief/ exists in favor of or against several persons,/ whether jointly,/
severally,/ or in the alternative;
2. the right to relief arises out of the same transaction/ or series of transactions;
and
3. there exists a question of law or fact common to all such plaintiffs or to all such
defendants
Joinder of claims in small claims cases
- The plaintiff may join in a single statement of claim/ one or more separate small
claims/ against a defendant/ provided the total amount claimed,/ exclusive of interests
and costs, does not exceed P100,00.00.
Remedy in case of misjoinder actions
- Misjoinder is not a ground for the dismissal of an action.
- A misjoined cause of action, may, on a motion of a party,/ or on the initiative of
the court,/ be severed and proceeded with separately.
III.
PARTIES (Rule 3)
- When an agent acts in his own name/ and for the benefit of an undisclosed
principal,/ he may sue or be sued/ without joining the principal.
- The principal however,/ should be joined/ when the contract involves things/
belonging to the principal.
Citizen suit under the Rules of Procedure for Environmental Cases
- may be filed by any Filipino citizen in representation of others, including minors
or generations yet unborn/ to enforce rights or obligations/ under environmental laws
- Contents of the order of the court: (1) a brief description of the cause of action;
(b) a brief description of the reliefs prayed for; and (3) an order requiring all interested
parties to manifest their interest/ to intervene in the case/ within 15 days from notice
thereof.
- The plaintiff may publish the order once/ in a newspaper of general circulation in
the Philippines/ or furnish all affected barangays/ copies of said order.
Failed to include the name of a party in the pleading
- If the body indicates the defendant as a party to the action, his omission in the
title is not fatal.
Rule on standing as distinguished from the concept of real-party-in-interest
- Locus standi is a right of appearance/ in a court of justice/ on a given question.
Indispensable parties (Bar 1996)
- a real party-in-interest/ without whom no final determination/ can be had of an
action
- The joinder of indispensable parties/ is mandatory/ and courts cannot proceed/
without their presence.
Compulsory joinder of indispensable parties
- The presence of all indispensable parties is a condition sine qua non for the
exercise of a judicial power.
Dismissal for failure to implead an indispensable party (Bar 2010)
- The absence of indispensable parties/ renders all subsequent actions of the trial
court/ null and void for want of authority to act, not only as to the absent parties but
even as to those present.
- Non-joinder (or misjoinder of parties) is not a ground for the dismissal of an
action; Remedy: the parties may be dropped or added by the court/ on motion of any
party/ or on its own initiative/ at any stage of the action/ and on such terms as are just.
NECESSARY PARTY
should be joined whenever possible
conditions
Duty of pleader if necessary party is not joined; effect (Bar 1998)
- Whenever in any pleading/ in which a claim is asserted,/ a necessary party is not
joined,/ the pleader (1) shall set forth the name of the necessary party, if his name is
known, and (2) shall state why such party is omitted.
When court may order joinder of a necessary party (Bar 1998)
- If the reason given for the non-joinder of the necessary party/ is found by the
court to be unmeritorious,/ it may order the pleader to join the omitted party/ if
jurisdiction over his person may be obtained.
Effect of failure to comply with the order of the court (Bar 1998; 2011)
- The failure to comply with the order of the court/ to include a necessary party,/
without justifiable cause,/ shall be deemed a waiver of the claim against such party.
Effect of a justified non-inclusion of a necessary party (Bar 1998)
1. does not prevent the court from proceeding in the action; and
2. the judgment rendered therein/ shall be without prejudice to the rights of such
necessary party
- Solidarity does not make a solidary obligor an indispensable party/ in a suit filed
by the creditor/ against another solidary debtor.
- A transferee of a property pendete lite is not an indispensable party,/ as it would
in any event be bound by the judgment against his predecessor.
- The person whose right to the office is challenged as an indispensable party. No
action can proceed unless he is joined.
- In an action for reconveyance of a property,/ the persons against whom
reconveyance is asserted are indispensable parties.
Unwilling co-plaintiff
- a party who is supposed to be a plaintiff/ but whose consent to be joined as a
plaintiff cannot be obtained/ as when he refuses to be a party to the action
- (1) may be made a defendant, and (2) the reason therefor shall be stated in the
complaint
Alternative defendants (Bar 2011)
- Sec. 13 of Rule 3: where the plaintiff is uncertain against who/ of several persons
he is entitled to relief,/ he may join any/ or all of them/ as defendants in the alternative,/
although a right to relief against one/ may be inconsistent with a relief against the other.
Misjoinder and non-joinder of parties (Bar 2009; 2010)
- misjoined: when he is made a party to the action/ although he should not be
impleaded; not joined: when he is supposed to be joined/ but is not impleaded in the
action
- Neither misjoinder nor non-joinder of parties/ is a ground for the dismissal of an
action. Parties may be dropped or added by order of the court/ on motion of any party/
or on its own initiative/ at any stage of the action/ and on such terms as are just. If there
is any claim against a party misjoined,/ the same may be severed and proceeded with
separately.
- Misjoinder of parties/ does not involve questions of jurisdiction/ and not a ground
for dismissal.
Unknown identity or name of the defendant
- whenever the identity or name of the defendant is unknown,/ he may be sued as
the (1) unknown owner (2) heir, (3) devisee, or (4) by such other designation as the
case may require
- when his identity or true name is discovered,/ the pleading must be amended
accordingly
Effect of death of a party/ on the attorney-client relationship
- The death of the client extinguishes the attorney-client relationship/ and divests a
counsel of his authority to represent the client. Neither does he become the counsel of
the heirs of the deceased unless his services are engaged by said heirs
Duty of counsel upon the death of his client
1. to inform the court of such fact within 30 days after such death
2. to give the name and address of the legal representative of the deceased
Action of court upon notice of death; effect of death on the case (Bar 2009)
- the court shall determine whether or not the claim is extinguished by such death
- If the claim survives, the court shall order the legal representative/s of the
deceased/ to appear/ and be substituted for the deceased/ within 30 days from notice.
Substitution is proper only when the action survives.
- The heir of the deceased may be allowed to be substituted for the deceased.
- The court may order the opposing party/ to procure the appointment of an
executor or administrator for the estate of the deceased/ in the following situations: (1)
the counsel for the deceased does not name a legal representative, or (2) there is a
representative named/ but he fails to appear within the specified period.
When there is no need to procure an executor or administrator
- The heirs do not need to first secure the appointment/ of an administrator of the
estate of the deceased/ because from the very moment of death,/ they stepped into the
shoes of the deceased/ and acquired his rights as devisee/legatee.
No requirement for service of summons
- It is the order of substitution and its service that are the initial steps towards the
substitution of the deceased by his representative or heir.
Purpose and importance of substitution of the deceased
- the protection of the right of every party to due process
- Formal substitution is not necessary/ when the heirs themselves voluntarily
(APP) appeared in the action,/ participated therein/ and presented evidence in defense
of deceased defendants.
Examples of actions which survive the death of a party (Bar 2011)
1. actions to recover real and personal property/ from the estate;
2. actions to enforce a lien thereon; and
3. actions to recover damages/ for an injury to person or property (RED)
- The action to recover damages arising from delicts also survive.
- An action for quieting of title with damages/ is an action involving real property. It
survives/ and the claim is not extinguished by the death of a party.
- Actions for the recovery of money,/ arising from a contract/ express or implied/
are not extinguished by the death of the defendant.
- If the action does not survive, the proper action of the court/ is to simply dismiss
the case. It follows then that substitution will not be required.
- The prevailing plaintiff is not supposed to file a motion for the issuance an order/
and writ of execution of the judgment.
- The judgment favorable to the plaintiff shall be filed as a money claim/ against
the estate of the decedent.
Incompetency or incapacity of a party/ during the pendency of the action
- the court, upon motion with notice,/ may allow the action to be continued by/ or
against the incompetent or incapacitated party/ with the assistance of his legal guardian/
or guardian ad litem
Transfer of interest
- the action may be continued by/ or against the original party,/ unless the court/
upon motion/ directs the person/ to whom the interest is transferred/ to be substituted
in the action/ or joined with the original party
Indigent parties
- if the court is satisfied/ that the party is one who has no money or property/
sufficient and available for food, shelter and basic necessities for himself/ and his family
- made ex parte
- If one is authorized to litigate as an indigent,/ such authority shall include an
exemption from the payment of (1) docket fees, (b) other lawful fees, and (3) transcripts
of stenographic notes,/ which the court may order to be furnished him.
- However, the amount of the docket and other lawful fees,/ which the indigent was
exempt from paying,/ shall be lien on the judgment rendered/ in the case favorable to
the indigent.
A lien on the judgment shall not arise/ if the court provides otherwise.
- Any adverse party may contest the grant of the authority to a party/ to litigate as
an indigent.
- If the court should determine that the party declared/ as an indigent/ is in fact a
person with sufficient income and property,/ the proper docket and lawful fees/ shall be
assessed and collected by the clerk of court.
The determination of the court/ on whether or not the grant of the earlier
authority is proper/ is to be made after hearing, not ex parte.
Role of the Solicitor General
- Only the Solicitor General/ can bring and defend actions on behalf of the
Republic of the Philippines/ and that actions filed in the name of the Republic/ or its
agencies and instrumentalities,/ if not initiated by the Solicitor General will be dismissed.
- In any actions involving the validity of any (TOP-ERL) (1) treaty, (2) law, (3)
ordinance, (4) executive order, (5) presidential decree, (6) rules or regulations, the
court, in its discretion,/ may require the appearance of the Solicitor General/ who may
be heard in person/ or through a representative duly designated by him.
- In criminal actions brought before the Court of Appeals/ or the Supreme Court,/
the authority to represent the State/ is solely vested in the OSG.
Suit by or against spouses
- Husband and wife shall sue or be sued jointly except as provided by law.
- Example: when the litigation pertains to an exclusive property of a spouse
- The liability of the spouses to creditors for family expenses shall however, be
solidary.
Class suit; requisites (CIRA)
- A class suit/ is an action/ where one or more/ may sue for the benefit of all/ if the
requisites for said action are complied with.
1. The subject matter of the controversy/ must be of common or general interest/ to
many persons;