BEFORE FILING OF THE ACTION

A. Actions in general

1. Cause of action
 A cause of action is the act or omission by which a party violates a right of another. It is
the delict or wrong by which the defendant violates the right or rights of the plaintiff.

2. Right of action
 Right of action is the right to commence and prosecute an action to obtain the relief
sought.
B. Parties

1. Parties in general
 There are two main categories of parties to a civil action namely, the plaintiff and the
defendant. The plaintiff is the claiming party or more appropriately, the original claiming
party and is the one who files the complaint. The term however, does not exclusively
apply to the original plaintiff. It may also apply to a defendant who files a counterclaim, a
cross-claim or a third party complaint. The Rules of Court (Sec. 1, Rule 3) defines the
term ‘plaintiff,’ as the claiming party, the counter-claimant, the cross-claimant or the third
(fourth, etc.)-party plaintiff (Sec. 1, Rule 3, Rules of Court). The defendant does not only
refer to the original defending party. If a counterclaim is filed against the original plaintiff,
the latter becomes a defendant and the former, a plaintiff in the counterclaim. Under the
Rules (Sec. 1, Rule 3), the term ‘defendant’ refers also to a defendant in a counterclaim,
the crossdefendant, or the third (fourth, etc.)- party defendant.

2. Kinds of parties
 Indispensable parties: Those without whom no final determination can be had of an
action (Sec. 7).
 Necessary parties: Those who are not indispensable but ought to be parties if complete
relief is to be accorded as to those already parties, or for a complete determination or
settlement of the claim subject of the action (Sec. 8).
 Representative parties: Those referred to in Sec. 3 of this Rule.
 Pro forma parties: Those who are required to be joined as coparties in suits by or
against another party as may be provided by the applicable substantive law or
procedural rule (Sec. 4).
 Quasi parties: Those in whose behalf a class or representative suit is brought

3. Requirements

 Legal Capacity

 Real Party In Interest – A real party-in-interest is the party who would be benefited or
injured by the judgment or the party entitled to the avails of the suit.
 standing to sue
 Joinder of parties
 joinder of initial parties
o compulsory
 o permissive
b. third (fourth, etc.) party

c. special joinder modes

 Class suit- 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. An action does not become a class suit
merely because it is designated as such in the pleadings. Whether the suit is or is not a
class suit depends upon the attendant facts. For a class suit to prosper, the following
requisites must concur: (a) The subject matter of the controversy must be of common or
general interest to many persons; (b) The persons are so numerous that it is
impracticable to join all as parties; (c) The parties actually before the court are
sufficiently numerous and representative as to fully protect the interests of all concerned;
and (d) The representatives sue or defend for the benefit of all.

 Intervention - Intervention is a remedy by which a third party, not originally impleaded in

the proceedings, becomes a litigant therein to enable him, her or it to protect or preserve
a right or interest which may be affected by such proceedings. It is a proceeding in a suit
or action by which a third person is permitted by the court to make himself a party, either
joining plaintiff in claiming what is sought by the complaint, or uniting with defendant in
resisting the claims of plaintiff, or demanding something adversely to both of them. It is
an act or proceeding by which a third person becomes a party in a suit pending between
others for the protection of some right of interest alleged by him to be affected by such
proceedings.

 Interpleader - An action for interpleader is capable of pecuniary estimation where the

subject matter is either real or personal property. If the subject of interpleader is real
property, then the jurisdictional amount is determined by the assessed value of the land.
If it be personal property, then the value of the property. However, if the subject matter of
the case is the performance of an obligation, the subject matter is one incapable of
pecuniary estimation and the MTC has no jurisdiction.

C. Referral to barangay conciliation

 The Katarungang Pambarangay Law provides for the settlement of disputes between
individual residents of the same city or municipality, thru mediation, arbitration or
conciliation, before the Katarungang Pambarangay. Compliance therewith is a condition
precedent to the filing of a complaint or information in court or before the Fiscal’s Office,
and its absence is a ground for dismissal of the complaint for prematurity or absence of
a cause of action.

D. Selection of court
 The assignment of cases to the different branches of a court shall be done exclusively
by raffle. The assignment shall be done in open session of which adequate notice shall
be given so as to afford interested parties the opportunity to be present.

1. Kinds of civil actions

a. Ordinary and special
o A 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, (1a, R2) A civil
action may either be ordinary or special. Both are governed by the rules for
 ordinary civil actions, subject to the specific rules prescribed for a special civil
action.

b. Personal, real
 Real action: One brought for the protection of real rights, land, tenement s or
hereditament s or one founded on privity of estate only .
 Personal action: One which is not founded upon the privity of real rights or real property.
Example: Action for a sum of money.

c. In personam, in rem, quasi-in rem

 Action in rem: One which is not directed only against particular persons but against the
thing itself and the object of which is to bar indifferently all who might be minded to mak
e any objection against the right sought to be enforced, hence th e judgmen t therei n i s
binding theoretically upon the whole world. Example: Expropriation.
 Action in personam: One which is directed against particular persons on the basis of
their personal liability to establish a claim agains t the m and th e jud gmen t wherein is
binding only upon the parties impleaded or their successors in interest. Example: Action
for breach of contract.
 Action quasi in rem: One directed against particular persons but the purpose of which
is to bar and bind not only said persons but any other person who claims any interes t in
th e propert y or righ t subject of th e suit. Example: Judicial foreclosure of a mortgage
d. Local and transitory
 Local action: One which is required by the Rules to be instituted in a particular place in
the absence of an agreement to the contrary. Example: Real action
 Transitory action: One the venue of which is dependent generally upon the residence of
the parties regardless of where the cause of action arose. Example: Personal action.
2. Hierarchy of courts

3. Jurisdiction
 jurisdiction is the authority to hear an d determine a case; it is is a matte r of substantive
law; it establishes a relation between the court and the subject-matter; it is fixed by law
an d cannot be conferred by the parties.

4. Venue
 venue is the place where the case is to be heard or tried; it establishes a relation
between plaintiff and defendant, or petitioner and respondent; venue may be conferred
by the act or agreement of the parties.

5. Summary procedure
 Summary Procedure apply in: a. Civil Cases — a. l All cases of forcible entry and
detainer regardless of the amount of rentals and damages. Attorney’s fees shall not
exceed twenty thousand pesos (P20,000.00) if awarded. a. 2 All other civil cases, except
probate proceedings, where the total amount of the plaintiffs claim does not exceed ten
thousand pesos (P10,000.00), exclusive of interest and costs, (now P100,000.00 or
P200,000.00).

E. Pleadings, motions and notice

 Pleadings are the written statements of the respective claims and defenses of the parties
submitted to the court for appropriate judgment.
 Motion is an application for relief other than by a pleading.

1. Pleadings in general
a. Formal requirements
1) Verification
 A pleading is verified by an affidavit that the affiant has read the pleading and that the
allegations therein are true and correct of his knowledge and belief. A pleading required
to be verified which contains a verification based on "information and belief", or upon
"knowledge, information and belief", or lacks a proper verification, shall be treated as an
unsigned pleading.

2) Certification of non-forum shopping

 The plaintiff or principal party shall certify under oath in the complaint or other initiatory
pleading asserting a claim for relief, or in a sworn certification annexed thereto and
simultaneously filed therewith:

(a) that he has not theretofore commenced any action or filed any claim involving the
same issues in any court, tribunal or quasi-judicial agency and, to the best of his
knowledge, no such other action or claim is pending therein;
(b) if there is such other pending action or claim, a complete statement of the present
status thereof; and if he should thereafter learn that the same or similar action or
claim has been filed or is pending, he shall report that fact within five (5) days
therefrom to the court wherein his aforesaid complaint or initiatory pleading has been
filed.

b. Manner of making allegations in pleadings

 Every pleading shall contain in a methodical and logical form, a plain, concise and direct
statement of the ultimate facts on which the party pleading relies for his claim or
defense, as the case may be, omitting the statement of mere evidentiary facts. If a
defense relied on is based on law, the pertinent provisions thereof and their applicability
to him shall be clearly and concisely stated.

2. Complaint
 Complaint is the first pleading filed with the court by a party called the plaintiff. The
primary purpose of this pleading is to apprise the adverse party, called the defendant of
the nature and the basis of the claim.

a. Joinder of causes of action

 Joinder of causes of action is the assertion of as many causes of action as a party may
have against another in one pleading alone (Sec. 5, Rule 2, Rules of Court). It is the
process of uniting two or more demands or rights of action in one action.

1) Permissive
  All persons in whom or against whom any right to relief in respect to or arising out of the
same transaction or series of transactions is alleged to exist, whether jointly, severally,
or in the alternative, may join as plaintiffs or be joined as defendants in one complaint,
except as otherwise provided in these Rules where any question of law or fact common
to all such plaintiffs or to all such defendants may arise in the action; but the court may
make such orders as may be just to prevent any plaintiff or defendant from being
embarrassed or put to expense in connection with any proceedings in which he may
have no interest.

2) Compulsory
 Parties in interest without whom no final determination can be had of an action shall be
joined either as plaintiffs or defendants.

3. Filing and service of pleadings and other papers

 The filing of pleadings, appearances, motions, notices, orders, judgments and all other
papers shall be made: by presenting the original copies thereof, plainly indicated as
such, personally to the clerk of court or by sending them by registered mail. In the first
case, the clerk of court shall endorse on the pleading the date and hour of filing. In the
second case, the date of the mailing of motions, pleadings, or any other papers or
payments or deposits, as shown by the post office stamp on the envelope or the registry
receipt, shall be considered as the date of their filing, payment, or deposit in court. The
envelope shall be attached to the record of the case.

II. FILING OF THE ACTION

A. Commencement of the action

 A civil action is commenced by the filing of the original complaint in court. If an additional
defendant is impleaded in a later pleading, the action is commenced with regard to him
on the dated of the filing of such later pleading, irrespective of whether the motion for its
admission, if necessary, is denied by the court

B. Docket fees
C. Raffle of cases
 This is how cases are being assigned to different branches of a court. The assignment
shall be done in open session of which adequate notice shall be given so as to afford
interested parties the opportunity to be present.
D. Provisional remedies, if necessary
 Provisional remedies, also known as ancillary or auxiliary remedies, are writs and
processes available during the pendency of the action which may be resorted to by a
litigant to preserve and protect certain rights and interests therein pending rendition, and
for purposes of the ultimate effects, of a final judgment in the case. They ar e provisiona
l becaus e the y constitut e temporar y measures availed of during the pendency of the
action, and they are ancillary because they are mere incidents in and are dependent
upon the result of the main action.

III. COURT ACQUIRES JURISDICTION OVER THE PARTIES

A. Summons
 Summons is a writ or process issued and served upon the defendant in a civil action for
the purpose of securing his appearance therein.
 1. Modes of Service of Summons
a. personal service - Whenever practicable, the summons shall be served by handling a
copy thereof to the defendant in person, or, if he refuses to receive and sign for it, by tendering
it to him.

b. substituted service - If, for justifiable causes, the defendant cannot be served within a
reasonable time as provided in the preceding section, service may be effected: (a) by leaving
copies of the summons at the defendant's residence with some person of suitable age and
discretion then residing therein, or (b) by leaving the copies at defendant's office or regular
place of business with some competent person in charge thereof.

c. constructive service (by publication) - Where service of summons is made by

publication, "a copy of the summon s and order of the court shall be sent by registered mail to
the last known address of the defendant" (Sec. 15). That resort to registered mail is only
complementary to service of summons by publication, but i t does not mean that service by
registered mail alone would suffice.

d. extraterritorial service - When the defendant does not reside and is not found in the
Philippines, and the action: affects the personal status of the plaintiff or relates to, or the subject
of which is, property within the Philippines, in which the defendant has or claims a lien or
interest, actual or contingent, or in which the relief demanded consists, wholly or in part, in
excluding the defendant from any interest therein, or the property of the defendant has been
attached within the Philippines, service may, by leave of court, be effected out of the
Philippines: by personal service as under section 6; or by publication in a newspaper of general
circulation in such places and for such time as the court may order, in which case a copy of the
summons and order of the court shall be sent by registered mail to the last known address of
the defendant, or in any other manner the court may deem sufficient.

B. Voluntary appearance
 The defendant's voluntary appearance in the action shall be equivalent to service of
summons