1 Fundamentals of Civil Procedure by Willard Riano

FUNDAMENTALS OF CIVIL PROCEDURE Right of Action the right to file a complaint or suit against the defendant.
by: Willard Riano
Rule 1: There cannot be a right of action where there is no cause of action.
CHAPER I PRELIMINARY CONSIDERATIONS
Parties to a Civil Action that has capacity to sue:
Basic Stages:
1. Natural persons;
1. Complaint; 2. Juridical persons; and
2. Summons; 3. Entities authorized by law may be parties to a civil action.
3. Answer;
4. Pre-Trial; Note: Even if he has the capacity to sue, he must also determine if he has the legal
5. Trial; personality to sue by determining whether or not he is the real party in interest.
6. Judgment;
7. Remedies against a judgment; and Real Party in Interest is the person who stands to be benefited or injured by
8. Execution. the judgment.

Action or suit the means by which one prosecutes another for the enforcement VENUE
or protection of a right, or the prevention or redress of a wrong. It is a place where the action is to be
filed. It involves the designation of the
Plaintiff party who files a complaint.
geographical area where a case is to be
heard and tried.
Defendant party against whom the complaint is filed.
It deals with the question of whether or
Complaint is the first pleading in an ordinary civil action that is filed with the not the action should be commenced in
court. Its function is to give the opposing party notice of the nature and basis for a particular area.
the claim.
The parties may have control over the
Pleadings are documents filed with a court that set out the parties respective venue because it may be stipulated
positions in a lawsuit. upon and may be waived.
Basic Pleadings in a simple suit:
JURISDICTION
It involves the determination of the
court vested with the authority to hear
and determine a case.
It deals with the question of whether a
particular court has the power or
authority to entertain a complaint filed
by the plaintiff.
The law controls the proper court in
which the action to be filed because
jurisdiction cannot be subject to
stipulation or waiver.

1. Complaint of the plaintiff; and

Jurisdiction is conferred by law. If the complaint is filed with the court that has
2. Answer of the defendant.
no jurisdiction over the subject matter of the complaint, the action may be
dismissed:
Counterclaim if the defendant files a claim against the plaintiff.
1. By the court either on its own motion (motu propio); or
Cross-claim if there are two or more defendants and one of the defendants files
2. Upon motion of the defendant.
a claim against a fellow defendant.
Rule 2: A judgment rendered without jurisdiction is void.
Third-party complaint if a defendant assert a claim against a person not yet a
party to the action.
Venue of Personal Action a personal action or one that is founded on the privity
of contract, recovery of personal property or recovery of damages, has to be filed
Cause of Action refers to the facts or combination of facts, which will entitle the
either in the place of residence of the plaintiff or of the defendant at the option of
plaintiff to seek judicial relief upon his claim against the defendant. In order to have
the plaintiff.
a cause of action, the plaintiff must allege:
Personal Action is considered a transitory action because its venue is dependent
1. that he has a legal right;
on the residences of the parties.
2. that the defendant has a legal obligation to respect the right of the
plaintiff;
Venue of Real Action is to be filed in the place where the property subject of the
3. that the defendant violated the legal right of the plaintiff; and
action is situated.
4. that the violation caused damage or injury to the plaintiff.
2 Fundamentals of Civil Procedure by Willard Riano

Real Action is deemed a local action.
Rule 3: Jurisdiction is conferred by law while venue is established merely for the
convenience of the parties.
Period of Time within which the action could be instituted:
Rule 4: The complaint or any other pleading must set forth in a methodical and
logical form, a plain, concise and direct statement of the ultimate fact of a party
claims and defenses.
Rule 5: The court may grant a relief not specifically prayed for as long as the relief
is warranted by the allegations of the complaint and the proof.

1. When suing upon a written contract like promissory note, action upon an Effects of Filing of the complaint and Payment of Docket Fees
obligation created by law or an action upon a judgment, the action must be
brought within 10 years from the accrual of the cause of action; 1. The jurisdiction of the court over the subject matter of the action of
2. Actions upon an oral contract, or upon a quasi-contract must be proceeding is invoked;
commenced within 6 years; 2. It enables the court to acquire jurisdiction over the plaintiff; and
3. Actions upon a quasi-delict must be instituted within 4 years; and 3. The running of the prescriptive period for the action is effectively tolled.
4. Actions for forcible entry and unlawful detainer have to be brought within 1
year. Service of Summons is the process by which the defendant is brought within the
courts authority. It is generally regarded as a coercive process which places the
Formal Requirements of a Complaint: person of the usually unwilling defendant under the jurisdiction of the court.

1. Caption sets forth the name of the court, the title of the action and the Clerk of Court shall issue the corresponding summons to the defendant.
docket number that will be assigned upon payment of the requisite legal
fees;
2. Body sets forth the material allegations of the plaintiffs claims.
Allegations of the pleading determine the nature of the action. It must
distinctly inform the court of the plaintiffs right, the violation of such right
by the defendant and the injury suffered as a result of the violation of such
right;
3. Prayer for relief appears at the conclusion of the complaint or of any
other pleading seeking forth a claim. It does not constitute a part of the
statement of the cause of action;
4. Complaint must be dated;
5. Signature of Counsel a signature is important because an unsigned
pleading produces no legal effect. It constitutes a certificate by him that he
has read the pleading, that to the best of his knowledge, information and
belief, there are good grounds to support it and that it is not interposed for
delay;
6. Address of the party or his counsel must be stated this address
cannot be a post-office box;
7. It need not be under oath or verified except when verification is
specially required by law or by the rules; and
8. It must be accompanied by a certification against forum shopping
the plaintiff certifies that he has not commenced any action or filed any
claim involving the same issues in any other tribunal. Failure to comply
shall be cause for the dismissal of the complaint.

The plaintiff may avail of any of the Provisional Remedies:

1. Preliminary attachment;
2. Preliminary injunction;
3. Receivership;
4. Replevin; and
5. Support pendente lite.
3 Fundamentals of Civil Procedure by Willard Riano