CIVIL PROCEDURE

I. GENERAL OUTLINE

COMPLAINT Case over

court settlement

Defendant’s
YES
motion to Mediation
summons dismiss/ and JDR
answer
NO

Pre-trial

Defendant’s TRIAL
dismissed YES
demurer to
evidence

NO

execution finality Judgment

MR/MNT/
Appeal
Supreme
Court

JUDGMENT

II. REFERRAL TO LUPON

Rationale
Court dockets are clogged.

Coverage
All civil cases except settlement of estate, land registration, marriage.
All except if a party is:
 juridical or artificial entity
 the government of the Philippines
 residents of different cities and municipalities
 properties are found in different cities or municipalities

Finality of Settlement; Execution of Settlement

A settlement becomes final after the lapse of 10 days. Thus, within 10 days, a
party may repudiate and ask instead a CERTIFICATE TO FILE ACTION in court.
If the settlement becomes final, the lupon shall execute it. The settlement has the
same force and effect of a judgment rendered by court.

Rule if Parties Reside in Different Barangays

If the parties reside in different barangays, the lupon shall be conducted at
respondent’s barangay because usually, it is the respondent who will incur
responsibility. Thus, execution of settlement will be made easier without violating
territorial jurisdiction of each barangay.

Period of Execution; Remedy of Enforcement

The Lupon has 6 months to execute a settlement.
If the 6 months lapsed without the settlement being executed, plaintiff shall file
in court ENFORCEMENT of barangay settlement. The case will not be tried again
because it is already settled.

Effect of Bypassing Lupon

If lupon is bypassed and the case is filed straightly to court, the case will be
dismissed based on Rule 16, section 1(j), “That a condition precedent for filing the
claim has not been complied with”
“Non-referral to Lupon” is a different ground which only applies in summary
proceedings.

As part of the Complaint

In the complaint, it must be alleged that proceedings in the lupon were
conducted and the certificate to file action must be attached.
However, if the case falls under the exemption of conducting lupon, it must be so
alleged in the complaint just the same.

III. JURISDICTION
 Jurisdiction is conferred by law. We have BP 129 “AN ACT REORGANIZING THE
JUDICIARY, APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES”
Jurisdiction is conferred by law but is determined by the allegations of the
complaint. Therefore, regardless of the judge’s belief, the allegations control.

MTC/MeTC/MTCC/MCTC
These are the first Level courts.
MTC in all municipalities; MeTC only in metropolis; MTCC in cities; MCTC for
several municipalities.

RTC
Judicial Region, not the political region.
There are 13 juducial regions

CA
There are 3 offices each of which is found in Luzon, Visayas and Mindanao.
There are 69 justices assigned in 23 divisions.
A case will be raffled to one presiding justice and another raffle will determine
the ponente.

SC
There are 15 justices
Chief Justice of the Philippines
En banc/divisions

Original Jurisdiction versus Appellate Jurisdiction

In the former, a case is heard for the first time; all courts have original
jurisdiction.
In the latter, a case is not heard for the first time; all except MTC has appellate
jurisdiction

Exclusive and Concurrent Jurisdiction

“Exclusive” means for that court alone. All have exclusive jurisdiction
“Concurrent” means any of them can take cognizance. All except MTC have.

JURISDICTION

Original Appellate
 Exclusive Concurrent

RTC/CA/SC
CA has only one
You can file certiorari in any of them.
exclusive
However, we have the DOCTRINE OF
jurisdiction –
HIERARCHY OF COURTS. Thus, even if
ANNULMENT
there is concurrent jurisdiction, you still
OF JUDGMENT
have to file the case in the lower courts.
OF RTC
The reasons are:
1. Respect
2. Docket fees are cheaper in lower
courts
3. Convenience
4. Affords more opportunity to appeal

The following are concurrent

jurisdictions:
1. RTC-CA-SC for MTC grave abuse
2. CA-SC for grave abuse of RTC
3. SC-RTC about ambassadors

Original Jurisdiction of RTC

 1. Incapable of Pecuniary Estimation
 There are two tests to determine whether a case is capable or
incapable of pecuniary estimation:
a. Nature of Action: read all the allegations in the complaint. We
follow this rule.
b. Ultimate objective
2. If capable of Pecuniary Estimation
 Look into the jurisdictional amount, thus:
a. Recovery of Real Property
 ownership/ possession/ any interest therein
 look at the assessed value (which is at most, constant) at
the tax declaration
MTC RTC
Metropolitan 50,000 and below Above 50,000
courts
others 20,000 and below Above 20,000

Problem:
A and B are adjoining owners of lots separated only by a fence. A’s lot was
worth 25k. He seeks to recover a portion of his lot which is usurped by B by moving
his fence before the RTC. However, B argues that RTC has no jurisdiction because the
claimed portion of the lot is just 1/5 or 5k worth of A’s lot.

Held:
RTC has jurisdiction. What is required by law is the assessed value of the
whole or totality of the lot and not just the claimed part. Otherwise, parties will be
forced to do mathematical computation and even surveying just to determine
jurisdiction, which is very impracticable.

b. Settlement of Estate
 Look at the gross value or everything that composes the
estate
 File where he resided at the time of death. However, if he
lives outside Philippines, file where the property is located.
MTC RTC
Metropolitan 400,000 and below Above 400,000
courts
others 300,000 and below Above 300,000
c. Maritime jurisdiction
d. Recovery of personal property
 The value claimed/ market value determines jurisdiction
e. Sum of money
  Consider the PRINCIPAL amount only, exclude interest,
damages.
 MTC cannot award more than its jurisdiction otherwise
such award is null and void but it can award less than its
jurisdiction.
f. Damages
 Add all regardless of nature
 The total determines the jurisdiction
3. Those previously under the SEC like intra and intercorporate disputes
 The RTC will be considered commercial courts
4. General Jurisdiction
 Any case that you do not know where to file
5. Family courts
 The SC designated RTCs as Family Courts
a. Criminal cases – where accused or victim is a minor regardless
of the crime committed or penalty attached or where one of
the accused is the only minor.
b. Civil cases – where there is a change of name or sex but not
merely clerical errors because it will be the local civil
registrar’s duty
c. Affecting legitimacy of the child

Problem:
Parents invented the place and date of marriage.
Held:
Family court has jurisdiction. It affects the status of child

Appellate Jurisdiction of RTC

All cases decided by the MTC in its territorial jurisdiction

Original Jurisdiction of MTC

MTC has no appellate jurisdiction but has original jurisdiction:
1. 300k and below for sum of money and others
2. 50k and below for recovery of real property in metropolis
3. 20k and below in other places
4. Forcible entry and unlawful detainer – regardless of assessed value or
rentals, respectively.

SC Appellate Jurisdiction Emanating from RTC

1. Where capital penalty is imposed
2. Constitutionality of a law, ordinance, etc.
3. Validity of tax laws
4. Jurisdiction of RTC is at issue
5. Questions of law
IV. PARTIES
 Plaintiff (files complaint) versus Defendant
Petitioner (files petition in versus Respondent
special proceedings)

Real Parties in Interest

They are persons supra, who will be affected by whatever decision the court
makes.
All actions must be prosecuted in the name of or in behalf of the real parties
in interest. Otherwise, there will be lack of legal capacity.

Problem:
Car owner appointed agent to sell the former’s car. The buyer
did not pay. Can the agent in his own name sue the buyer?

Held:
NO.
An agent is not a real party in interest because ultimately, it
will be the car owner who will be affected by a court decision.

NOTE:
The case must nevertheless, not be dismissed because what is
involved is merely a formal error which may be made subject of an
amendment. Thus, the complaint shall be amended as “car owner,
represented by agent”

Kinds of Parties
1. Indispensable
They are the real parties in interest or the one affected by any
decision. Thus, in every case, there must always be an indispensable plaintiff
and indispensable defendant.
2. Necessary
If you want a complete relief, necessary parties must be included.

Problem:
A and B are joint debtors of X in the amount of 1M. If X sues A, how much can
he recover?

Held:
Only 500k.
Since A and B are joint debtors, then there are as many obligations as there are
defendants.
In this case, X and A are the indispensable parties. If X wants a complete relief,
he must include B who will be called the necessary party. Whoever is sued first
becomes the indispensable party defendant.
 Problem:
A, owner of a parcel of land, mortgaged the same to X in turn of
a loan. Subsequently, A mortgaged the second time the same land to Y.
X foreclosed the mortgage and obtained said parcel of land but found
out another mortgage.

Held:
If X sues A, they are the indispensable parties. If X includes Y, Y
becomes the necessary party.

3. Representative
They merely represent. They are the attorneys-in-fact. In the example
supra, the agent representing the car owner is the representative party.

4. Nominal/ Pro-forma
These are persons who are merely named in a case

Problem:
X files a case against Y which the RTC dismissed. Then, X files a
certiorari for grave abuse against honorable RTC judge. Determine the
parties.

Held:
X and Y are still the indispensable parties. The honorable judge
is a nominal party because his order is the subject of the case. Y carries
the honorable judge. The judge as public respondent cannot answer. It
will be Y as private respondent who shall file the answer

Problem:
In a case, “married woman, assisted by loving husband versus
married woman, assisted by loving husband” determine the parties.

Held:
Both married woman are indispensable parties. Both loving
husbands are mere nominal parties.

NOTE:
A married woman assisted by her husband does not apply in
cases of judicial separation, involving her profession, her paraphernal
properties, quasi-delict, crime.
 5. Quasi parties
They are the “as if” parties. Their names do not appear. Neither do
they appear in court but they stand to be benefitted or prejudiced by a
decision.

Problem:
Residents of brgy. Piggery seek to file an abatement case
against the piggery of X. A,B,C,D and E file a case entitled “A,B,C,D,E and
those similarly situated versus X”. Determine the parties.

Held:
A,B,C,D and E on one hand and X on the other, are the
indispensable parties. Those similarly situated are the quasi-parties.

NOTE:
Elements of Class Suit:
a) Common or general interest
b) Parties are so numerous that it is impracticable to bring them
all to court.

Problem:
An owner of land was surprised to learn that his land is now
the sanctuary of informal settlers. If owner files a case against them, is
there a class suit?

Held:
NONE.
It is because each informal settler is only interested in that
portion of the land where their house is erected. No common interest.
Owner of land shall file a case to each and against them.

Death of a Party
Once a client dies, the lawyer-client relationship ceases. Continuing the case
would render the subsequent proceedings null and void. The lawyer shall stop
handling the case and await the heirs’ approval.
Moreover, it is the duty of the lawyer:
1. To inform the court within 30 days from death or notice of death
2. To give the names and addresses of the legal representatives
 The lawyer files a notice of death and attached thereto is the
certificate of death of client and the names and addresses of the legal
representatives.
Thereafter, the court shall issue and order of SUBSTITUTION by the heirs as
the legal representatives and for them to appear at the next scheduled hearing for
the court to acquire jurisdiction.
Effect of Death to the Civil Case
1. The following civil actions survive the death of the parties and thus may not be
dismissed but continued by legal representatives:
a) Real/Personal property is involved
 The court will continue to hear the case because it has acquired
jurisdiction over the res or the thing.
b) Sum of Money
 If the plaintiff dies, legal representatives take over.
 If the defendant dies,
o Before the filing of case, a case for sum of money will not be
proper. Instead, make a claim before the probate court against
the estate of the deceased defendant. The claim must be
accompanied with sufficient proof and you will be treated as an
ordinary creditor.
o After the filing, and he dies during the pendency of the case,
the case will go on. Legal heirs will take over until final
judgment. No need to secure execution of judgment. Bring the
judgment in the probate court and you will be treated as
preferred creditor. No need to prove claim.
c) Damages
 If the plaintiff dies, legal representatives take over
 If the defendant dies,
o Before the filing of a case, still file a case against the heir or
administrator or executor of estate.
o After filing, and during pendency of case, the case will go on.

Sum of Money versus Damages

The rules differ when the defendant dies before filing the case.
It is because the probate court has only limited jurisdiction which is
for succession. Damages should be proven and proven with certainty.
Thus, prove damages before the regular courts and not the probate
court.

2. Cases that do not survive the death of a party are those which involve purely
personal rights.
 “personal” means anything that does not involve real property
 “purely” means that only that party can do.
 Examples are support, annulment, legal separation
 In which cases, they shall be dismissed.
 Death here is not presumptive death but actual death because the former
never becomes final; it is always subject to reappearance.
 V. COMPLAINT – initiatory pleading

Content
Cause of Action (COA)
 Elements:
o The plaintiff has a right
o Defendant has the obligation to respect that right
o Defendant violates such right
o Plaintiff suffered damaged as a result of such violation

Problem:
X entered into a contract of lease with Y for January to December 2015. At
February 2016, X as lessee is still there. Y files an unlawful detainer case. Does Y have a
cause of action?

Held:
Yes. Vis the elements:
 Y has the right to occupy
 X should respect that right
 X violated that right by unlawfully detaining
 Y is deprived of possession, use and fruits.

Problem:
If in the same case as above, Y filed the UD case on August 2015. Is there COA?

Held:
NONE. The 3rd and 4th elements are not attendant. Case shall be dismissed for
lack of COA.

NOTE:
Rule 16 provides for the grounds for a motion to dismiss. However, for lack of
cause of action, basis for such ground is Rule 2.

Problem:
In the case where the agent of car owner sues the buyer, distinguish the legal
effects of choosing lack of personality on one hand and lack of cause of action on the
other hand as defenses.

Held:
If the ground is lack of personality to sue, the case will not be dismissed but the
complaint will be merely amended to include car owner.
If the ground is lack of cause of action, the case will be dismissed because the
right to the car does not belong to the agent but the owner.

NOTE:
In contract of lease, a sublessee is not the proper defendant but the lessee
because it is the latter which violated the right of the lessor by subcontracting.
  Rules regarding cause of action:
o 1 cause of action is 1 civil action only
 this rule is mandatory
 thus, it may be a ground for dismissing a case based on
“splitting a single cause of action”
 moreover, rule 16 can be used as grounds to dismiss. If
the first case is decided, the second case will be barred by
res judicata. If the first case is pending and a second case
is filed, the latter is dismissble on the ground of lis
pendens.
 The purpose is to avoid multiplicity of suits

Problem:
P files a case for recovery of car from D. Thereafter, P filed
another case for damages and rentals from D for subleasing the same
car. Will the second case prosper?

Held:
NO. There is only one single cause of action which is the right to
the car but was split in two civil cases.

NOTE:
He should have filed recovery of personal property with
damages.

Problem:
If in the same case as above, D filed a separate claim for
recovery of value of improvements of car. Will his case prosper?

Held:
NO.
The same right to the car is involved hence, there is only one
COA. The subsequent case is dismissible on the ground of splitting a
cause of action.

NOTE:
D should have made a “counterclaim” in the same case initiated
by P since the counterclaim is compulsory involving the same
transaction.

o 2 or more causes of action may be in 1 civil action

 this rule is merely permissive
 it is otherwise known as “joinder of actions”
 the purpose is also to avoid multiplicity of suits
Problem:
P seeks to recover damages amounting to 200k and recovery of
personal property valued at 100k against D. Should they be filed
separately or jointly?

Held:
EITHER.
The rule in joinder of action is merely permissive. But should
he file a joinder of action, he files it before an MTC.

 LIMITATIONS:
 Jurisdiction over the subject matter (what
court)
 This limitation applies only to the MTC
 You can only file a joinder of action before
the MTC if, both causes of action are within
the jurisdiction of the MTC

Problem:
X sues on one case recovery of personal property valued at
100k and damages in the amount of 500k on the other. Can he make
joinder of actions in MTC?

Held:
NO.
The recovery of personal property valued at 100k is within
MTC’s jurisdiction but the 500k claim for damages is under RTC’s
jurisdiction. Joinder of action before the MTC cannot be done if one of
the causes of action is under RTC’s jurisdiction.

NOTE:
He can nevertheless file a joinder of action before the RTC. The
rule is, a joinder of action before the RTC may be made as long as one
or some of the causes of action shall be within its jurisdiction.

 Venue (where court – geographical location)

 Real actions involve real properties while
personal actions involve all others.
 The rule in real actions is that, the case
shall be filed at the location of the property.
  The rule in personal action is that, the
plaintiff may choose between his place of
residence or that of the defendant’s.
 As a limitation, when plaintiff files both a
real and personal action, the right to
choose where to file a personal action
cannot be exercised because the real action
limits venue to the location of the property.
He has no other choice but to file both
actions where the property is located.

Problem:
X files a real action to recover real property located in Baguio
worth 15k. Thus, he files it with MTCC of Baguio accordingly. He
thereafter files a case of damages in the amount of 500k. Thus, he files
it with RTC La Trinidad. Can there be a joinder of action?

Held:
YES.
But, the joinder of action must be filed with RTC Baguio. RTC
because one of the causes of action is within RTC’s jurisdiction
(damages). Baguio because it is where the real property is located.

Jurisdiction versus Venue

There can be no stipulation as to jurisdiction but venue can be

agreed upon provided:
a. such agreement be in writing and made before any action
b. it must be mandatory, expressed by its language (e.g. the use of
shall, must, to the exclusion of)

A contract of adhesion is not binding. Both parties must consent to

the agreement as to venue. Ticket bus containing stipulation where to
file any complaint is in the nature of contract of adhesion hence not
binding.

 Non-joinder of a special civil action AND

ordinary civil action
 The consequence would be a “misjoinder
of action” which is nonetheless non-
dismissible but must only be separated and
decided separately by the court.
 Problem:
P files an unlawful detainer case with damages but included a
collection of sum of money amounting to 150k representing water,
and electricity bill, both being filed before MTC. Was there a valid
joinder?

HELD:
NONE.
Unlawful detainer is a special civil action and collection of sum
of money is an ordinary civil action which cannot be joined as
proscribed by law. This is a case of misjoinder of action.

NOTE:
The damages in unlawful detainer shall cover only the rentals
and reasonable attorneys fees and no other else.

Problem:
If in the same case as above, the collection suit amount is 450k,
will there still be a misjoinder?

Held:
NONE.
In this case, there will be lack of jurisdiction. Unlawful detainer
is a case cognizable by the MTC but the collection suit of 450k is under
RTC’s jurisdiction. MTC has therefore no jurisdiction to try the
collection suit.

 Proper joinder of parties

 There is proper joinder of parties if there is
a common question of fact and law to all.
Problem:
A,B,C,D and E are passengers who seek to sue Y for breach of contract and claim of
damages in the amount of 100k, 150k, 50k, 200k, and 75k respectively. Shall they file
separately or jointly?

Held:
EITHER.
If they wish to file separately, they may do so by filing individual cases before MTC
since individually the money claims are cognizable by MTC.
Should they choose to file as one, then there will be a joinder of parties but it shall be
the RTC which has jurisdiction pursuant to totality rule.

NOTE:
The totality rule states that the aggregate sum of all the amount claimed shall
determine the jurisdiction. This rule applies only to monetary claims.
 Problem:
A sues X, Y, and Z for unpaid groceries of 50k, unremitted sales
of 100k and promissory note of 50k, respectively. Can the defendants
be joined?

Held:
NO.
There is no proper joinder of parties because there is no
common question of fact and law.

Form of Complaint
Parts of a complaint:

1. Heading

Republic of the Philippines

Leave this blank if it is a
1st Judicial Region multi-sala court because it
RTC/MTC will be raffled.
Branch _____
Baguio city

2. Title
ABC
Plaintiff
Civil Case no.
-versus- For:
damages
XYZ
defendant
x-----------------------x

 Put all the complete names even if they are numerous

 If plaintiff is a corporation, “ABC corporation represented by John Doe” is
used and attached to the complaint is a board resolution authorizing
john doe.
 If defendant is a corporation and you do not know the president, “ABC
corporation represented by its president”
3. Body

COMPLAINT
Comes now…_______________________
_________________________________________________

1. ___personal circumstance of P and D____

_________________________________________________
2. _____material facts chronologically_______
_________________________________________________
3. ______________________________________________
_________________________________________________

PRAYER The wherefore are specific awards. The

WHEREFORE… other relief covers general awards that
court grants but are not asked by plaintiff
Other relief…
like cost against defendant

Place and Date of preparation

_______________________
counsel for plaintiff Without the signature, the complaint has
address/signed no legal effect. It could be trashed.

or,

XYZ law firm It is the lawfirm that represents, any

member thereof can represent.
Counsel for p

By:___________________
Of counsel
PTR is professional tax receipt
paid to the city or provincial but not
PTR #, DI, PI
municipal in order to practice.
IBP #, DI, PI Without MCLE, court is not duty
Lifetime member bound to receive complaint.
MCLE compliance no.
Roll no.

4. verification and certification

 verification may be made by the lawyer
 certification must be done by the plaintiff or all the plaintiffs except if
there exist common interest in which case a few may certify like heirs,
co-owners, a spouse involving conjugal partnership
 both are sworn statements
 purpose of verification is to assure the truth of the facts alleged.
 The purpose of certification is to avoid a situation where parties can
solicit different courts for a favorable judgment thereby not putting an
end in litigation.
 VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING

I, _______________________, of legal age, after having been duly sworn in

accordance with law, depose and state that:

1. I am a plaintiff in the above-stated case;

2. I caused the preparation of the foregoing complaint;

3. I have read the contents thereof and the facts stated therein are true and correct
of my personal knowledge and/or on the basis of copies of documents and records in
my possession;

4. I have not commenced any other action or proceeding involving the same issues in
the Supreme Court, the Court of Appeals, or any other tribunal or agency;

5. To the best of my knowledge and belief, no such action or proceeding is pending in

the Supreme Court, the Court of Appeals, or any other tribunal or agency;

6. If I should thereafter learn that a similar action or proceeding has been filed or is
pending before the Supreme Court, the Court of Appeals, or any other tribunal or
agency, I undertake to report that fact within five (5) days therefrom to this
Honorable Court