Cause of action, before you file, you have to know first

- the proper VENUE AND JURISDICTION

- w/not you are a REAL PARTY in INTEREST
- RULES IN PREPAIRING A COMPLAINT
- w/not you complied with the CONDITION PRECEDENT

CONDITION PRECEDENTS:
There are cases which requires the prior resort to
BARANGAY CONCILIATION

Also, in cases of Stipulations that provides

ARBITRATION first, before you file the case in court

Remember cases that require

EXHAUSTION OF ADMINISTRATIVE REMEDIES

Requirement that the case has been

EARNESTLY TRIED TO BE COMPROMISED where the parties invovled are
immediate family (Art. 151, FC)

In the civil code, there is a provision which provides for the CONSIGNATON, that
consignation under Art. 1256, CC must be preceded by TENDER OF PAYMENT.
(walang consignation kapag walang tender of payment)

MOTION FOR BILL OF PARTICULARS

A motion for Bill of Particulars will NOT apply if what you are asking for are the
DETAILS of these evidence because, the detail of these pieces of evidence is better
asked for in DISCOVERY PROCEDURES not through a motion for bill of particulars.

Now supposed malinaw na, sasagot ka ba agad? Wait muna, tingnan mo muna if
merong jurisdiction or wala.

If there is NONE – ask for the dismissal of the case. Remedy: refile in proper court

But if there are violation of

- Statute of fraud
- Res judicata
- Prescription
- Statute of limitation

YOU CANNOT REFILE THE CASE ANYMORE. Because your time has already
expired.
In the course of the proceeding you can avail of certain remedies and these remedies
are ANCILLARY REMEDIES these are NOT MAIN remedies.

For instance, a debtor is about to depart from the Philippines with the clear
intention to defraud the creditor, he has properties in the Philippines. D filed a
complaint before the judgment. The creditor could avail of the provisional remedy
of PRELIMINARY ATTACHMENT.

In case of a FORCIBLE ENTRY CASE, though this is a summary procedure this might
tae quite a long time. In the meantime, while the case is pending the owner is
sleeping outside of the sidewalk. The owner wants to regain possession during the
pendency of the case. So within 5 days from the filing of the complaint, the owner
can also file a MOTION FOR THE ISSUANCE OF THE WRIT OF PRELIMINARY
MANDATORY INJUCTION TO REGAIN POSSESSION OF THE PROPERTY.

Suppose I have a car, I sa