ORDINARY CIVIL ACTIONS

Filing of Complaint and other Preliminary Matters

1. Definition of Pleading
written statements of the respective claims and
defenses of the parties submitted to the court for
appropriate judgment (Sec. 1, Rule 6)
cannot be oral
allegations made by the parties to an action or
proceeding for the purpose of presenting the issue to
be tried and determined, whether such issue is of
law or of fact
also considered the formal statements by the parties
of the operative facts which constitute their
respective claims and defenses
necessary to confer jurisdiction on a court
to notify the opposite party of the facts which the
pleader expects to prove, so that he may not be
misled in the preparation of the case
2. Complaint
the pleading alleging the plaintiffs cause or causes
of action
2.1.

Manner of Making Allegations

o must contain only the ultimate facts
o ultimate facts refer to the essential facts of
the claim. A fact is essential if it cannot be
stricken out without leaving the statement of
the cause of action inadequate. These are
the important and substantial facts which
form the basis of the primary right of the
plaintiff and make up the wrongful act of
omission of the defendant.
o facts must be stated in a plain, concise,
methodical and logical form
o evidentiary facts must be omitted
o should not contain conclusions, whether of
fact or law, because conclusions are not
facts

2.2.

in stating the cause of action the complaint

should not contain sham, false, redundant,
immaterial, impertinent, or scandalous
matters (these matters may be stricken out
upon motion made by a party before
responding to a pleading or within 20 days
after service of the pleading upon him where
no responsive pleading is permitted by the
Rules, or upon the courts own initiative at
any time.

Signature and address

o every pleading must be signed by:
a) the plaintiff; OR
b) counsel representing him stating in
either case his addres
o only the signature of either the party himself
or his counsel operates to validly convert a
pleading from one that is unsigned to one
that is signed.
o address should not be a post office box
o absence of a proper notice to the court of a
change of address = service upon the
parties must be made at the last address of
their counsel of record
o Effect of unsigned pleading: produces no
legal effect. However, the court is authorized
to allow the pleader to correct such
deficiency if the pleader shows to the
satisfaction of the court, that the failure to
sign the pleading was due to mere
inadvertence and not intended for delay.
o Significance of the signature of the counsel:
constitutes a certificate by him that:
a) he has read the pleading
b) that to the best of his knowledge,
information and belief, there is a
good ground to support it
c) that is not interposed for delay
o counsel cannot delegate his authority and
duty to sign a pleading (otherwise, void)

Counsel shall be subject to disciplinary

action in connection with pleadings:
a) when he deliberately files an
unsigned pleading
b) when he signs a pleading in violation
of the Rules
c) when he alleges in the pleading
scandalous or indecent matter
d) when he fails to promptly report to
the court a change of his address

2.3.
Verification
pleadings need not be under oath, verified or
accompanied by affidavit, except when so required
by law or rule
How a pleading is verified: by an affidavit, which
declares:
a) affiant has read the pleading
b) allegations therein are true and correct of his
personal knowledge or based on authentic
record
Deemed substantially complied with: when one who
has ample knowledge to swear to the truth of the
allegations in the complaint or petition signs the
verification, and when matters alleged in the petition
have been made in good faith are true and correct.
Significance: secure an assurance that the
allegations in a pleading are true and correct and not
the product of the imagination or a matter of
speculation , and that the pleading is filed in good
faith.
2.3.1. Effect of Defective Verification
2.3.2. Effect of Lack of Verification
o shall be treated as an unsigned pleading
hence, produces no legal effect (dismissible).
However, it does not necessarily render the
pleading defective. It is only a formal and
not jurisdictional requirement. It may be
corrected under oath, if the court finds that
the attending circumstances are such that a

strict compliance with the rule may be

dispensed with to serve the ends of justice.

2.4.
Certification against Forum Shopping
a sworn statement in which the plaintiff or principal
party certifies in a complaint or initiatory pleading to
the following matters:
a) he has not 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) that if there is such other pending action
or claim, a complete statement of the
present status thereof
c) that 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 5 days therefrom to the court
wherein his aforesaid complaint or
initiatory pleading has been filed
required under Sec. 5, Rule 7, but not jurisdictional
since jurisdiction over the subject of the action is
conferred by law
prohibition against forum shopping is different from
a violation of the certification
Prohibition against forum shopping
Violation of the cert
Filing of multiple suits involving the
Failure to attach the sworn
same parties, rights and reliefs prayed
to the initiatory ple
for
Ground for summary dismissal and
Constitutes a cause for
direct contempt, if willfully and
without prejudi
deliberately done
2.4.1. Definition of Forum Shopping
o there is forum shopping when a repetitively
avails of several judicial remedies in different
courts, simultaneously or successively, all
substantially founded on the same
transactions and the same essential facts
and circumstances, and all raising

substantially the same issues either pending

in or already resolved adversely by some
other court.
o For the purpose of obtaining favorable
judgment
o There is forum shopping where there exist:
a) identity of parties, or at least such
parties as represent the same
interests in both actions
b) identity of rights asserted and relief
prayed for, the relief being founded
on the same facts
c) identity of the two preceding
particulars is such that any judgment
rendered in the pending case,
regardless of which party is
successful, would amount to res
judicata in the other case
2.4.2. Effect of Lack of Certification
o not curable by mere amendment and shall
be a cause for the dismissal of action.
o Unless there is need to relax the rule on the
ground of substantial compliance or
presence of special circumstances or
compelling reasons
o When the case is dismissed due to noncomplaince, filing fees cannot be recovered
2.4.3. Effect of Defective Certification
2.5.
MCLE Compliance
2.6.
Manner of Filing
Filing act of representing the pleading or other
paper to the clerk of court
Manner of Filing:
a) by representing the original copy of the
pleading, notice, appearance, motion, order
or judgment personally to the clerk of court
b) by registered mail
in the first mode, clerk of court shall
indicate/endorse on the pleading/paper filed, the
date & hour of filing

in the second mode, date of mailing, as shown by

the post office stamp on the envelope or registry
receipt, shall be considered as the date of filing,
payment or deposit in court. Envelope must be
attached to the record of the case.
Filing is proved by its existence in the record of the
case or the by the registry receipt & the affidavit of
the person who did the mailing

2.7.
-

Payment of Docket Fees and other Lawful

Fees
Significance: complaint is not considered filed unless
the proper amount of the docket is paid. Thus, if the
proper docket fee is paid, the period of prescription
continues to run.
court requires that all complaints, petitions, answers
and similar pleadings must specify the amount of
damages being prayed in the body of the pleading &
prayer therein = said damages shall be considered
in the assessment of the filing fees
court acquires jurisdiction over the claim of damages
upon payment of the correct docket fees.
Nonpayment at the time of filing does not
automatically cause the dismissal of the case as long
as the fee is paid within the applicable prescriptive
or reglementary period.

2.8.

Amendment of Complaint as a Matter of

Right
considered as a matter of right at any time before a
responsive pleading is served or, in the case of reply,
at any time within 10 days.
Motion to dismiss is not a responsive pleading and
its filing does not preclude the exercise of the
plaintiffs right to amend his complaint.
I.8.
Compliance with Conditions Precedent
Conditions Precedent refers to matters, which must
be complied with before a cause of action arises.
When a claim is subject to a condition precedent, the
compliance of the same must be alleged in the
pleading.

Otherwise, it will be a ground for dismissal for failure

to state a cause of action.

3. Cause of Action vis--vis Right of Action

Cause of Action act or omission by which a party
violates rights of another
There is no right of action where there is no cause of
action
CAUSE OF ACTION
Act or omission by which a
party violates the rights of
another

RIGHT OF ACTION
Right to relief granted by law
to a party to institute an
action against a person who
has committed a delict or
wrong against him
Requisites
1. existence of a legal
1. there must be a
right of the plaint
cause (cause of
2. correlative duty of the
action)
defendant to respect
2. compliance with all
ones right
the conditions
3. act/omission of the
precedent to the
defendant in violation
bringing of the action
of the plaintiffs right
3. action must be
instituted by the
proper party
Nature
Predicated on substantive law
Procedural in character is the
or on quasi delicts under NCC
consequence of the violation
of the right of the plaintiff
Basis
Based on the allegations of the
Plaintiffs cause of action
plaintiff in the complaint
Not affected by affirmative
defenses (fraud, prescription,
estoppel, etc)

Affected by affirmative
defenses

3.1.
Joinder of Causes of Action
assertion of as many causes of action a party may
have against another in one pleading alone
subject to the following conditions:
a) party shall comply with the rules on joinder
of parties
b) joinder shall not include special civil actions
governed by special rules
c) where cause of action pertain to different
venues, the joinder may be allowed in the

RTC provided one of the causes of action

falls within the jurisdiction of said court and
venue lies therein
d) where claims in all causes of action are for
recovery of money, the aggregate amount
claimed shall be the test for jurisdiction
3.2.
Misjoinder of Causes of Action
not a ground for dismissal
may, on motion of a party or on initiative of the
court, be severed and proceeded with separately
3.3.
Splitting a Single Cause of Action
the act of instituting two or more suits on the basis
of the same cause of action
pleader divides a single cause of action, claimed or
demand into 2 or more parts and brings a suit for
one or such parts with the intent to reserve the rest
for another separate action

4. Action in personam v. Action in rem v. Quasi-inrem action

5. Parties

5.1.

Who may be Parties

a) natural persons
b) juridical persons (Art. 44, CC)
the State and its political subdivisions
other corps, institutions and entitites for
public interest or purpose, created by
law
corps, partnerships & associations for
private interest or purpose to which the
law grants a juridical personality,
separate & distinct from that of each
shareholder, partner or member
c) entities authorized by law
- eg. Estate, legitimate labor organization,
RC Church
Entity without a juridical personality as a
defendant (Sec. 15, Rule 3): 2 or more persons
not organized as an entity with personality enter
into a transaction, they may be sued under the
name by which they are generally or commonly
known of. (Note: authority to be a party under
this party is confined only to being a defendant
and not as plaintiff)
Effect when a party impleaded is not authorized
to be a party:
plaintiff is not a natural/juridical person
or an entity not authorized by law
motion to dismiss may be filed on the
ground that plaintiff has no legal
capacity to sue)
defendant is not a natural/juridical
person or an entity not authorized by
law complaint may be dismissed on the
ground that pleading asserting the
claim has no cause of action, or failure
to state cause of action, because a
complaint cannot possibly state a cause
of action against one who cannot be a
party to a civil action

Averment of capacity to sue or be sued: facts

showing the capacity of a party to sue or be
sued must be averred.
5.2.

Parties in interest
Real Party in Interest: party who stands to be
benefited or injured by the judgment in the suit,
or the party entitled to the avails of the suit.
Purpose of the requirement:
a) to prevent prosecution of actions by
persons without any right, title, or
interest in the case
b) to require that the actual party
entitled to legal relief be the one to
prosecute the action
c) to avoid multiplicity of suits
d) to discourage litigation and keep it
within certain bounds, pursuant to
sound public policy
interest must be real, which is a present substantial
interest as distinguished from a mere expectancy or
a future, contingent subordinate or consequential
interest.
Interest means material interest, an interest in issue
and to be affected by the decree, as distinguished
from mere interest in the question involved, or a
mere incidental interest.
Real Interest is a present substantial interest as
distinguished from a mere expectancy or a future,
contingent subordinate or consequential interest.
Determination of real party in interest requires going
back to the elements of cause of action existence
of a right and a violation of of such right.
Violation/annulment of a contract doctrine of
relativity of contracts (principally or subsidiarily
bound by the contract)
GR: one who is not privy to a contract may not bring
action to enforce it
EXCEPTION: If a contract contains a stipulation pour
autrui (stipulation expressly conferring benefits to a
third person); may demand the fulfillment of the

contract and even sue under such contract, provided

he accepted and communicated his acceptance of
the beneficial stipulation prior to its revocation.
Person who has not taken part in a compromise
agreement has no right to ask for the enforcement
of the agreement
Mere Agent not a real party in interest, except
when he acts in his own name and for the benefit of
an undisclosed principal, w/o joining the principal
(except when the contract involves things belonging
to the principal
Atty.-in-fact not a real party in interest
Lawful possessor, not necessarily the owner may
bring action to recover possession
Corporate offices have been illegally searched the
corporation alone has the right to question the
search, not the officers
Action for ejectment any one of the co-owners
Action for reversion of public lands person who
does not even claim to be occupying the property in
any
Doctrine of Locus Standi
requires a litigant to have a material interest in the
outcome of a case.
In private suits: litigant must be a real party-ininterest
In non private suits: the who sues must show that he
has sustained injury or will have sustain a direct
injury as a result of a government action, or has a
material interest in the issues affected by the
challenged official act.
Since the rule is a mere procedural technicality, the
court has waived or relaxed the rule and allowed the
persons who may not have been personally injured
by the operation of a law or any governmental act.
The Court laid out the norm to extend the standing
to sue the non-traditional suitors:
taxpayers claim is illegal disbursement
of fund or tax measure is
unconstitutional

voters showing of obvious interest in

the validity of the law in question
concerned citizens issues raised are of
transcendental importance which must
be settled early
legislators official action complained of
infringes on their prerogative as
legislators
significant in cases involving questions of
constitutionality because it is one of the essential
requisites before such questions may be judicially
entertained. (actual case/controversy, locus standi,
earliest opportunity, list mota)
Plaintiff in environmental cases: any real party-ininterest, govt, juridical entities authorized by law,
involving the enforcement or violation of any
environmental law
Representative Parties: acting in fiduciary
capacity; beneficiary shall be included in the title of
the case and shall be deemed to be the real party in
interest
Suit by Agent: agent acts in his own named and for
the benefit of an undisclosed principal, he may sue
or be sued without joining the principal except when
the contract involves things belonging to the
principal.
Failure to include the name of the party in the
pleading: (in the title of the complaint) not fatal
because the Rules of Court requires the courts to
pierce the form and go into the substance and not
be misled by a false or wrong name in the pleadings.
Averments are controlling and not the title.
Locus Standi v Standing:

Locus Standi
Right of appearance in a court of justice
on a given question

Standing
Whether a person would
or injured by the judg

Whether or not he is en
avails of the su
5.3.

Indispensable Parties

real party in interest without whom no final

determination can be had of an action
failure to implead an indispensible party, judgment
rendered would have no effect
condition for the exercise of juridical power
person is not an indispensable party if:
his interest in the controversy/subject
matter is separable from the interest of
the other parties
would merely permit complete relief bet.
Him and those already parties to the
action
Compulsory Joinder of Indespensable Parties:
normally joinder of parties is permissive but it
becomes compulsory when the one involved is an
indispensable party.
Non-joinder (misjoinder) of (indispensable) parties is
not a ground for dismissal of an action: 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.

5.4.
Necessary Parties
one who is not indispensable but who ought to be
joined as a party to the case if complete relief is to
be accorded as to those who are already parties, or
for a complete determination or settlement of the
claim subject of the action.
Should be joined whenever possible
Should be joined so those already parties may obtain
complete relief
Duty of pleader if a necessary party is not joined:
shall set forth the name of the necessary party, if his
name is known, and state why such party is omitted
When court may order joinder of a necessary party:
if the reason given for the non-joinder of the
necessary party is found to be unmeritorious, the
court may order the pleader to join the omitted party
if jurisdiction over his person may he obtained.
Effect of failure to comply with court order to include
necessary party: w/o justifiable cause, shall be
deemed a waiver of the claim against such party

Effect of a justified non inclusion of a necessary

party: does not prevent the court from proceeding in
the action, and the judgment rendered therein shall
be without prejudice to the rights of such necessary
party
Unwilling co-plaintiff: 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.
a) may be made a defendant
b) reason thereof shall be stated

5.5.

Misjoinder and Non Joinder of Parties

a party is misjoined when is made a
party although he should not be
impleaded
a party is not joined when he is
supposed to be joined but is not
impleaded in the action.
not ground for dismissal of the action
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.
Failure to obey the courts order to drop/add a party
is a ground for dismissal
Unknown identity/name of the defendant: he may be
sued as the unknown owner heir, devisee, or by such
other designation as the case may require; when his
true name is discovered, the pleading must be
amended

5.6.
Class Suit
an action where one of more may sue for the benefit
of all if the requisite for said action are complied with
Requisites:
1. subject matter must be of common or
general interest to many persons
2. persons are so numerous that it is
impracticable to join all as parties

3.

parties actually before the court are

sufficiently numerous and representative as
to fully protect the interests of all concerned
4. representatives sue or defend for the benefit
of all
Commonality of interest in the subject matter: not
questions; meant the physical, things which are real
or personal, money, land, chattels; not also a
common question of law, but a common interest in
the subject matter
NO class suit when interests in the subject matter
are conflicting
NO class suit by a corporation to recover property of
its members
NO class suit to recover real property individually
held
NO class suit to recover damages for personal
reputation
There is class suit in an action filed by MINORS
represented by their parents, in behalf of themselves
and others who are equally concerned about the
preservation of the countrys resources, as well as
generations yet unborn
Class suit shall not be dismissed or compromised
without the approval of the court to protect the
common interests of all those who initiated the class
suit

5.7.
Alternative Defendants
where plaintiff is uncertain against who of several
persons he is entitled to relief, he may join any or all
of them as defendants in alternative, although a
right to relief against one may be inconsistent with a
right to relief against the other.
Also allows alternative causes of action and
alternative defenses
5.8.
Death of Party
death of the client extinguishes the attorney-client
relationship

neither such counsel become the

counsel of the heirs unless his services
are engaged by said heirs
client died during the pendency of the case
counsel has a duty to inform the court within 30
days after such death
counsels duty - also to give the name
and address of the legal representative
of the deceased
mandatory failure to comply is a
ground for disciplinary action
Effect of death of a party: court shall determine W/N
the claim is extinguished by such death
if the claim survives court shall order
the legal representative to appear & be
substituted within 30 days from notice
death extinguishes the action
substitution would not be ordered
No more need to require the appointment of an
executor/administrator if there is an heir
heir is a minor court may appoint a
guardian ad litem
Court may order the opposing party to procure the
appointment of an executor/administrator for the
estate:
a) counsel does not name a legal
representative
b) there is representative named but he fails to
appear within the specified period
service of summons is not required to effect a
substitution
Purpose & importance of substitution: protection of
the right of every party to due process; ensure that
the deceased would continue to be properly
presented in the suit
Non-compliance with the rules on substitution:
renders the proceedings of the trial court infirm
because the court acquired no jurisdiction over the
legal representative

5.9.
5.10.

Incompetency or Incapacity of Party

Transfer in interest

5.11.
5.12.
6.

Indigent Party
Solicitor General

Venue
in order to know the venue of a particular action, the
basic and initial step is to determine if the action is
personal or real.
If personal deemed transitory and thus, generally
depends upon the residence of the parties.
If real venue is local and thus, generally the venue
is the place where the property or any portion of the
same is situated.
6.1.

6.2.

Venue of Real Actions

o actions affecting title to or possession of real
property or therein = place where real
property is involved , or a portion thereof, is
situated
o action to recover ownership of real property
= where real property is located
o action for unlawful detainer, forcible entry &
accion publiciana = real actions; where real
property is located
o
Venue of Personal Actions
o where the plaintiff or defendant or any of the
defendants resides, at the election of the
plaintiff
o defendant is non-resident = venue is where
the plaintiff or any of the principal plaintiffs
resides, or where the non-resident defendant
may be found, at the election of the plaintiff
o action for damages & actions to collect a
sum of money = either in the residence of
the plaintiff or the residence of the
defendant at the election of the plaintiff
(personal action)

6.3.

Venue as to non-resident defendants

o rule on venue under Sec. 3 of Rule 4 of Rules
of Court applies when:
a) any of the defendants is a nonresident and, at the same time, not
found in the Philippines
b) action affects the personal status of
the plaintiff
c) action affects any property of the
non-resident located in the PH
o may be commenced and tried in the court of
the place where the plaintiff resides, or
where the property or any portion thereof is
situated or found.

Pertinent Rules: Rules 2-4, 6-10, 1997 Rules of Civil Procedure,

A.M. No. 00-2-10-SC dated May 1, 2000,
Bar Matter No. 1922 amended on January 14, 2014
Annotations: Willard B. Riano, Civil Procedure (The Bar Lecture Series),
Vol. 1, 2014 ed.
Jurisprudence:
Selga v. Brar (September 21, 2011)
Ang v. Ang (August 22, 2012)
Pua v. Deyto (November 26, 2012)
Regalado v. Regalado (June 6, 2011)
Ballatan v. Court of Appeals (March 2, 1999)
Macaslang v. Zamora (May 30, 2011)
Brown-Araneta v. Araneta (October 9, 2013)
Formoso v. PNB (June 1, 2011)
Cosco Phils. Shipping v. Kemper Insurance Co. (April 23, 2012)
Ledda v. BPI (November 21, 2012)
Aquino v. Aure, GR No. GR No. 153567, February 18, 2008