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CHAPTER 1 - INTRO TO CIVIL PROC

I. COMPLAINT
filing a complaint/petition is when a civil action is commenced.
complaint is the FIRST PLEADING filed with the court.(to sue another for the
enforcement or protection of a right, or the prevention or redress of a wrong.)

A. CAUSE OF ACTION AND RIGHT OF ACTION


-substantive law supplies the legal basis for the existence of the right itself.
-cause of action refers to an act or omission by which a party violates the rights
of another.
-there is no right of action if there is no cause of action
-no splitting a cause of action into several parts.

(1) lawyer determines if cause of action is present based on the provisions of


substantive law.
(2) lawyer determines the court that should take cognizance of the action.
(3)

B. JURISDICTION
motu proprio (court's own action)
rules on jurisdiction are found in substantive law, not procedural law.

C. VENUE
-place where action is filed
-cannot dismiss a case motu proprio due to wrong venue
-determine if action involves real property or personal property (residence of P/D)
-if parties have agreed in writing a specific venue, no other venue is available.

D. PARTY
-indispensable party (joinder is compulsory;
-necessary party (does not prevent the court from proceeding but no complete
relief)

E. PRESCRIPTION AND CONDITIONS PRECEDENT


-barred from refiling
-compliance from conditions must be alleged in the complaint for it to sufficiently
state a cause of action (not merely compliance)

F. PREPARATION OF THE COMPLAINT

-statement of ultimate facts only (no evidentiary facts, conclusions of law)


-fraudulent acts must be stated with particularity to enable court to determine
-denial of defendant should be under oath
-complaint must specify the relief sought
-complaint must be dated and signed by party or counsel
-address of party or counsel
-GR: no affidavit or verification XCP:specifically mandated by law
-accompanied by a CERTIFICATION AGAINST FORUM SHOPPING (plaintiff has not commenced
any action involving the same issues in any other tribunal)

G. PROVISIONAL REMEDIES
-writ of preliminary attachment (secure future execution of judgment)
-preliminary mandatory injuction (restore possession of property during pendency of
case)
-support pendente lite (court orders defendant to support plaintiff during
pendency)
H. FILING OF THE COMPLAINT
-filing of complaint is the act of presenting the same before the clerk of court
-court acquires jursidiciton ONLY UPON PAYMENT OF DOCKET AND FILING FEES

I. POSSIBLE PROCEEDINGS AFTER THE FILING OF THE COMPLAINT


-possible dismissal of action by the plaintiff due to impropriety of complaint
-if made BEFORE the defendant has served an answer or a motion for summary
judgment, complaint may be dismissed by mere filing of NOTICE of dismissal (matter
of right).
-if made AFTER service of answer, plaintiff can no longer dismiss by mere notice.
he is now required to file a MOTION to dismiss, and is subject to judicial
discretion (no longer a matter of right)
-amendment of complaint is allowed as long as it is before the defendant has served
a responsive pleading. it is a matter of right and court can be compelled thru
special civil action of MANDAMUS.
-motion to dismiss is NOT a responsive pleading.
-if made after defendant files an answer, it would now require leave of court (now
a matter of judicial discretion)

II. SUMMONS
-upon filing and payment of requisite legal fees, the clerk of court shall issue
the corresponding summons to the defendant directing him to file an answer, and
unless he does so, the court may render a judgment against him by default and grant
the plaintiff the relief applied for.
-summons and copy of complaint shall be served IN PERSON, or in SUBSTITUTED
SERVICE.
-summons by publication is NOT a recognized mode of service for acquiring
jurisdiction.
-service of summons upon defendant enables the court to acquire jurisdiction over
his person (actions in personam). (VOLUNTARY APPEARANCE IN COURT OR SUBMISSION TO
AUTHORITY)
-officer having management of the jail is deemed deputized as a special sheriff for
said purpose.
-defendant's voluntary appearance = service of summons

A. MOTION FOR BILL OF PARTICULARS


-if there is ambiguity in certain material allegations, this can be filed by
DEFENDANT.
-party directed must comply within 10 days from notice

B. MOTION TO DISMISS
-on grounds of wrong venue CANNOT be automatic
-motu proprio dismissal in lack of jurisdiction over the subject matter, litis
pendentia, res judicata, prescription
-it is an OMNIBUS motion because it attacks a pleading (all objections not included
are deemed waived)
-any of the grounds for dismissal in a motion to dismiss may be pleaded as an
AFFIRMATIVE DEFENSE in the answer.

III. ANSWER
-answer is the responsive pleading to the complaint
-contains both negative and affirmative defenses of the defendant.

A. DEFAULT
-failure to file an answer entitles plaintiff to file a motion to declare in
default, either with or without evidence or proof of such failure.
-no motu proprio decision to declare in default
-if order of default ripens to judgment by default, limit is award prayed for and
no unliquidiated damages.

B. SPECIFIC DENIALS
-material averments must be denied; those not denied are deemed admitted
-judgment on the pleadings (as disclosed in the pleadings, there is no issue or it
admits the material allegations in the complaint; based merely on pleadings) vs
summary judgment (based on pleadings, affidavits, depositions, admission; basis is
absence of a GENUINE issue; example is amount of damages)

C. COUNTERCLAIM, CROSS-CLAIM, THIRD PARTY COMPLAINT, REPLY AND INTERVENTION


-counterclaim is a pleading in its own right; always directed to an opposing party.
-compulsory counterclaim is which a defending party has at the time he files his
answer.
-permissive counterclaim does not have to be raised in the same proceedings; it
could be invoked as an independent action
-crossclaim is a pleading containing a claim by one party against a co-party
-third-party complaint is when a party has a cause of action against one who is not
a party to the action
-reply is the pleading, plaintiff's own response to the defendant's answer; NOT a
compulsary pleading
-intervention is when a person not a party to the complaint wants to be a party to
the action. (complaint-in-intervention); if he unites with the defending party
(answer-in-intervention)

IV. PRE-TRIAL
-after last pleading has been served and filed, it is the duty of plaintiff to move
ex parte (with respect to one side only) that the case be set for pre-trial.
-pre-trial is MANDATORY and failure to appear has adverse consequences
-parties shall consider the possibility of an amicable settlement or alternative
modes of dispute resolution.
-use of discovery procedures (depositions, interrogatories to parties, request for
admission, production and inspection of documents, physical and mental examination
of persons)

V. TRIAL
-trial proceeds when there is no amicable settlement
-parties present their evidence on their claims and defenses
-plaintiff first,then defendant presents evidence
-defendant can move for the dismissal of the case by way of a DEMURRER to evidence
(if demurrer is granted, but then appealed and then reversed, defendant is deemed
to have waived his right to present evidence)
-trial is not an indispensable stage of a civil action.
-judgment on compromise may occur without trial.

VI. JUDGMENT
-judgment is rendered AFTER the submission of the evidence of the parties has been
concluded.
-NO ORAL JUDGMENT
-judgment should be in writing, personally and directly prepared by the judge.
signed by him and filed with the clerk of court.
-date of entry of judgment = date of the finality of judgment

VII. POST-JUDGMENT REMEDIES


-remedies BEFORE the judgment becomes final and executory (motion for
reconsideration, motion for new trial, appeal); fresh period rule (appeal after
denial of motions)
-remedies AFTER the judgment becomes final and executory (can no longer appeal;
prevailing party may file a motion for the execution of the judgment rendered in
his favor); losing party may avail of extraordinary remedies like petition for
relief, action to annul the judgment, certiorari, attack against the judgment
collaterally when the nullity of the judgment is plain and evident on its face)

VIII. EXECUTION AND SATISFACTION OF JUDGMENTS


-it is the fruit as well as the end of the action.
-judgment of the court subject to execution.\

SEQUENCE: CSA-PTJ-PE

COMPLAINT
SUMMONS
ANSWER
PRE-TRIAL
TRIAL
JUDGMENT
POST-JUDGMENT REMEDIES
EXECUTION AND SATISFACTION OF JUDGMENTS