CIVIL PROCEDURES

MIDTERMS

ECHEGARAY CASE
- Although there is already final and executory judgment issued by the court said court;
o Does NOT lose its jurisdiction over the case until final execution of judgment;
o Said court can still withhold the execution of such final and executory judgment if circumstances
warrant so.

SPLITTING A SINGLE CAUSE OF ACTION

- Is dividing one cause of action to several parts and using those parts as a subject of a single or different litigation;
- Is different from a Prejudicial question;
- LITIS PENDENTIA can not be used a defense when there is already a final and executory decision.
- Affirmative defense could be RES JUDICATA (bar by former judgment; conclusiveness of judgment)
- Counter-claims and cross claims could be the subject of splitting a single cause of action.

PROPER STATEMENT OF CAUSE OF ACTION TO AVOID DISMISSAL

1. Only state the ULTIMATE FACTS

- Never state conclusions of either facts and/or laws.
- Only place facts essential to your case/claim;
- Place only the substantial facts that your case needs or the facts where you based your primary claim on.
- Sometimes it would be a narration of what was the violation made upon your client
- Take into consideration the elements that are essential to your claim.
2. DO NOT include SHAM / FRAUDELENT ACCUSATIONS against the other council or their client/
FALSE ALLEGATIONS
- Only include things that are relevant to the case.
- FALSE CLAIMS are punishable by prosecution for perjury.

JOINDER OF CAUSES OF ACTION

- Is the assertion of as many causes of actions as a party may have against another in one pleading alone;
- you are simply UNITING many causes of actions in one
pleading;
- is not mandatory; it depends upon the parties to decide JOINDER OF PARTIES
whether or not they would choose to have a joinder of
causes of actions. -must arise out of the same transaction
- Is merely permissive provided that they will not fall or series of transactions between the
under the rules of splitting of causes of actions. same parties.
- lumping of two or more different causes of actions into
one. -sometimes the same act from the
defendant would result to two causes
of actions.
REQUISITES (Permissive joinder of causes of actions)
1. The party joining the causes of action shall comply with the
rules on joinder of parties.
2. Shall never include special civil actions or actions governed by special rules.
 EG:
Forcible entry/ unlawful detainer
+ quieting of title/ ordinary civil actions decided through summary hearings
= is not allowed to be joined in one pleading alone.

3. Where the causes of actions are between the same parties but pertain to different venues and jurisdictions, the
joinder may be allowed in the RTC provided that one of the causes of actions fall within the jurisdiction of the
said RTC.
EG:
Where would the joinder be accepted and prosper?

TRANSACTIONS BETWEEN THE SAME PARTIES (A&B)

1st transaction Jan 1, 2018- 20,000; San Fernando MTC
2nd transaction- Jan 30, 2018- 30,000; San Fernando MTC
3rd transaction- Feb 14, 2018- 500,000; Baguio City RTC
---------------------
550,000 = falls under the jurisdiction of RTC Baguio
TOTALITY RULE
- When the claims are principally for recovery of money or collection of money the AGGREGATE AMOUNT
EXCLUDING DAMAGES to be claimed shall be the test of jurisdiction.

MISJOINDER OF CAUSES OF ACTIONS

- is not a ground for dismissal; it could be a ground to sever the misjoinder or the case not belonging to said joinder
to be removed or separated IF:
- Via the MOTION OF THE AFFECTED PARTY
- MOTO PROPIO (via the courts own volition)
- Because the only thing the plaintiff needs for his case to prosper is ONE CAUSE OF ACTION; ones it has been
established it cannot be dismissed.
- Motion to sever due to Misjoinder of Causes of Actions can be presented to the court at any stage of the
proceeding.

RULE 3: Parties to a Civil Action

- are the litigants; the people ACTUALLY involved in a case.
- The one being filed against and the one filing the case.

PARTIES TO A CIVIL CASE

as long as allowed and permitted by law one can be party to a case.
1. Plaintiff
- the party claiming that his/her right is/was violated by another.
- The one filing the complaint.
2. Defendant
- the person who allegedly violated the right of the plaintiff.
- The one who answer the complaint.
PLEADINGS WITH COUNTER CLAIM In your pleadings:
- The plaintiff becomes the defendant with regards to the
counter-claim. ALWAYS ALLEGE YOUR/ YOUR
- BUT the title will remain as is but the body will change. CLIENTS CAPACITY TO SUE OR
BE SUED.
LITIGANTS TO A CIVIL CASE:
A. REAL PARTIES- IN- INTEREST
1. Natural Persons
Persons who have no need to undergo any special proceeding or does not need approval by law to
be considered as persons.
No need for incorporation and the like.
Includes persons who are minor by age or
mentally.
Q: Can the Roman Catholic Church
2. Juridical Persons (Book 1,Title 1, Chapter 3 of the
file cases?
NCC)
A: Yes, the Church is a corporation.
are entities by virtue of law.
They derive their existence from the law.

i. The State & its Political Subdivisions;

Is not protected by the doctrine of immunity from suit if the violation of right occurred in
performance of its private capacity.
ii. Other corporations, institutions, entities for Public Interest/ purposes, created by law;
Part of the proprietary/private capacity of the state.
Eg. GSIS, PhilHealth etc.
iii. Corporations, Partnerships and Associations for Private Interest or Purpose to which the law
grants juridical personality.
Created through the special grant of the state through registration.

3. Entities Authorized by Law

might be non-governmental entities Q: what is the remedy of the defendant
Eg. Estates (because they are extensions of when the plaintiff is not authorized to file
the civil personality of the dead person)
the case?
A: MOTION TO DISMISS on the ground
WHAT WOULD HAPPEN IF THE PARTY IMPLEADED
that the party has no or lacks the legal
(defendant) IS NOT AN AUTHORIZED PARTY?
capacity to sue.
It would result to the DISMISSAL of the case
on the ground of lack of legal capacity.

Corporation by Estoppel
- Corporation by estoppel, on the other hand, applies against someone who operates a business as if it were a limited
liability entity or corporation, irrespective of whether there was a good faith effort by the business to incorporate.
- The person doing business with such an entity, as if it were a limited liability entity or corporation, may later
be estopped from arguing that it is not in fact a limited liability entity, in an attempt to reach the assets of the
incorporators.
- For the same reason, defendants who had acted as a corporation
will be estopped from denying liability as a corporation when Q: what is the remedy of the defendant
sued by a plaintiff who had relied on the defendant's corporate when the plaintiff is authorized (has the
form when dealing with the defendant. legal capacity) but is not a Real Party-in-
- are allowed to be impleaded in a civil action as a defendant as a Interest to the case?
corporation. A: MOTION TO DISMISS on the ground of
lack of cause of action.
ILLEGITIMATE LABOR ORGANIZATIONS
- could also be impleaded as defendant (only) in a CA.

What would happen if the defendant that was impleaded in the case DOESNT have legal capacity?
The defendant can file for a MOTION TO DISMISS on the ground of LACK OF CAUSE OF ACTION.
Because the is no cause of action against a person who cannot be a party to a civil action. Legally said party is
non-existent.
MINORS by age and by mental state
Can be parties to a civil case if an only if PROPERLY REPRESENTED, such representative can be voluntary
but if no such volunteer presents himself then the court shall appoint one for the said minor.
REAL PARTY-IN-INTEREST
- Is a party who will be primarily benefited or injured by the judgment in the case/suit.

TEST TO DETERMINE IF A PARTY IS A REAL PARTY-IN-

INTEREST
A party who is NOT PRIVY to a
- the party must be directly benefited or injured by the decision of the contract is not a Real Party-in-Interest
case. if said case arises from violation or
- The partys interest must be real and not just contingent subordinate, breach of said contract.
mere expectancy or a future, consequential interest.
- It is important to know the basics of your cause/s of action; if there is
right of the plaintiff that was violated.

GENERAL RULE
- every action should be prosecuted or executed in the name of the REAL PARTY-in-INTEREST(RPI).

A. WRONG PERSON WAS IMPLEADED AS DEFENDANT

Dismissal of the case on the ground of lack of cause of action.

B. THE PERSON YOUR ARE SUPPOSED TO IMPLEAD GAVE YOU SOMEONE ELSES NAME
Dismissal due to lack of cause of action.
C. PLAINTIFF PUT SOMEONE ELSES NAME IN PLACE OF HIS/HER
Dismissal due to lack of cause of action.
D. FAILURE OR NEGLECT TO PLACE IN THE PLEADING THE NAME OF ONE OF THE RPI
If you completely forgot (body and title) to place the name of the supposedly RPI then you are
ESSENTIALLY WAIVING your right AGAINST THAT PERSON. (total omission is fatal to the
case)
 If you placed that persons name in the Body but forgot to put it in the Title, the court will simply
instruct you to AMEND YOUR PLEADING.
If you included it in the title BUT NOT IN THE BODY then, given that the body is the controlling
factor in the pleading, then that said party is not consider a RPI.

LOCUS STANDI REAL PARTY-IN-INTEREST (RPI)

- Is seen in the broader aspect of law.
- Is the right to question a question presented whether
of law or fact.
- Is the right to appear before any court.
- Could mean or is governed by the rules on RPI.
- Concerned only to the extend of whether or not it
will be damaged or benefited by the judgment of the
case.

INDISPENSABLE PARTIES
- Without them the case would not attain finality
- Is a real party-in-interest
- Joinder of indispensable parties is compulsory, If any other parties
are involved in the case then joinder of the other parties are merely
permissive.
- For the court to gain finality of judgment then said indispensable
party should be included.
- Rule 3 Section 7
- Joinder becomes compulsory
- Eg. Co-ownership of a parcel of land if and when interest is not yet
divided. If an action is brought over a portion of the undivided
property, all co-owners are called indispensable parties because
there is no telling to whom that portion of the property belongs to.
- IF said party does not want to file a case with the other IP, said
plaintiff can include the other IP as a defendant upon determination
of why the other is an IP and that there will be no relief if the other
IP does not file a case with him/her.
Q: what happens when an indispensable party is not included?
A: DISMISSAL OF THE CASE due to lack of causes of action.
IRON BAR RULE/ IRON CURTAIN
RULE
Article 992 prohibits succession ab
intestato (by intestacy; meaning there
was no will that was left behind by the
deceased) between the illegitimate child
and the legitimate children and relatives
of his father or mother. This means that
an illegitimate child cannot inherit by
right of representation from the
legitimate relatives of his illegitimate
parent, and vice versa. Thus, an
illegitimate child of one who is himself a
legitimate child cannot represent the
latter in the inheritance to his legitimate
descendants (e.g. the illegitimate childs
legitimate half-sister) or other legitimate
relatives (e.g. grandparents). In the same
manner, these legitimate relatives are
prohibited from succeeding intestate the
illegitimate child.

NECESSARY PARTIES
- Could have final determination of the case even without it.
- But if you want complete relief, you should include the necessary party.
- Not indispensable in character.
- Joinder is merely permissive

EXAMPLES:
INDISPENSABLE PARTY NECESSARY PARTY
The person transferring the right. The person to which the right is transferred to.
 JOINT OBLIGATION SOLIDARY OBLIGATION
-the amount/ obligation is divided accordingly -either one of them could be held liable for the same
amount.
-joinder of parties is NOT MANDATORY - joinder of parties is mandatory to avoid splitting a
single cause of action.

Q: when can the court order the joinder of a necessary
party?
A: if you do not include a necessary party in the case upon order
of the court then that is tantamount to waiver of claims/s against
that party.
ALTERNATIVE DEFENDANTS
- Conjunction in the title is or not and
but in order for this to prosper then you as
plaintiff MUST provide reasons that there is no
way to determine who is really liable among the
two.

Q: what if the plaintiff is not sure of the identity of the defendant?

A: THEN, that plaintiff must name/identify the defendant in his capacity.
Eg. Registered owner of the plate number xxxxx

Q: what if the defendants are too many?

A: in those instance you can file a CLASS SUIT

CLASS SUIT
-is an action where one or more (reasonable number) may sure for the benefit of all
- requisites to be satisfied before filing a class suit are the following:
a) Subject matter of the complaint / controversy must be of common/general interest to many persons.
- The controlling interest when determining the commonality of a suit is the interest of the plaintiffs not the
interest of the defendant.

Eg.
Oposa vs. Factoran (timber license agreements)
Illegal settlers are filing a case against their eviction to the rightful owners. This said case will
NOT BE ALLOWED to prosper because each of them are only interested in their individual
claims which is their share of the property. It will not be allowed due to lack of commonality
of interest. Nonetheless, a joinder may be allowed.

b) The persons involved are so numerous that it is impracticable to join them all as parties.
c) The parties that are actually appearing before the court are numerous enough to represent as to fully
protect the interest of all concerned.
d) They must be capable to prosecute the case.

RULE ON VENUE
- Place or geographical area where an action is filed and tried.

VENUE for CRIMINAL CASES:

- Venue and jurisdiction are one and the same. Hence, venue cannot be agreed upon by the parties.
- Venue is jurisdictional to prosecute the crime in the place where the crime was committed.
VENUE for CIVIL CASES
- Venue would only refer to the place and is for the convenience of the parties to the case.
A. DETERMINE WHETHER THE ACTION IS PERSONAL or REAL Q: How would one sure a
PERSONAL ACTIONS defendant who is not a
- Venue is considered to be transitory meaning the plaintiff may choose resident of the Philippines?
where to file the case: A: A) if the defendant could
a) Residence of the plaintiff be found in the Philippines
then the plaintiff could:
b) Residence of the defendant
1. File in the place
REAL ACTIONS where the defendant
- The venue of the action is where the real property is located, there are is found.
more options to this. 2. Residence of the
B. THE PARTIES MAY AGREE ON THE VENUE OF THE CASE: plaintiff.
a. EXCLUSIVE AGREEMENT B) if the defendant is not
found in the Philippines;
- It must be very clear that it would be interpreted as mandatory.
1. if the suit involves
b. It must be in writing to conform with the statute of fraud real property then the
c. The agreement should have been made prior to the filing of the defendant should file in the
case. court where the property is
- eg. Stipulated in a contract. found.
2. if the suit is grounded on
WRONG VENUE a personal action then the
defendant should file the
- the court cannot motu propio dismiss the case because it requires
case in his/her place of
an action to dismiss from the defendant. residence.

VENUE ON CIVIL CASES MAY BE WAIVED

- If you want to question the venue of the case, there are two options you can choose from:
1. FILE A MOTION TO DISMISS THE CASE on the ground of improper venue but it
must be done before filing an answer because if you do so after filing an answer it would
be tantamount to waiver of the right to question the improper venue and equal to waiver
of venue on civil cases.
2. FILE AN ANSWER and put improper venue as one your affirmative defenses.

UNIFORM PROCEDURES
- Whatever is your procedure in the MTC is also your procedure in the RTC except for:
1. cases involving summary proceedings because the RTC does not handle cases involving
summary hearings
2. when there is a particular provision in your ROC that specifies special rules regarding the
procedures.

PLEADINGS (RULE 6)
- are written statements of the respective claims of the parties, maybe categorized as complaints or
defenses.
- It is an essential requisite to start a case.
- The party is always bound by the things he/she stipulates in his/her pleading

Verified pleading
- means that anything stipulated therein is certified to be true and valid;
- you will be held liable for any false information you put therein.
KINDS OF PLEADINGS
COMPLAINT
- Is a type of initiatory pleading which basically commences a case.
- Alleges mainly the plaintiffs cause of action.
3rd, 4th & 5th complaint
- These are complaints or rather claims that the defendant may file against a person who is not a party to the
action.
- These are filed with leave of court meaning they are filed with the written permission of the court.

ANSWER
- is where the defenses of a party are alleged. GENERAL DENIAL
TYPES OF DEFENSES: - is tantamount to not filing
1. Affirmative Defenses are allegations of a new an answer; e.g. the
matter which while hypothetically admitting the defendant hereby denies
material allegations by the plaintiff would never the allegations etc etc.
less prevent or ban the party recovery of his claim.
SPECIFIC DENIAL
E.g. improper venue, lack of jurisdiction, lack of
- is the the denial of
cause of action, statute of frauds (agreement by
material facts alleged in
parties must be in writing for it to be admitted in
court), statute of limitations (case was filed beyond the complaint
its prescriptive period; prevents the plaintiff from individually by telling
recovering his claim. your side of the story.
- Is mandatory to filing of
2. Negative Defenses- are denials which are categorized an answer.
into two kinds: specific and general denials - Usually involves the
reasons why youre
denying something.
COUNTER-CLAIM
- is any claim which a defending party may file against the plaintiff/ opposing party.
- Can be included in the answer.

KINDS of COUNTER-CLAIMS
1. COMPULSARY-those that arise out of or
is connected with the transaction
constituting the subject matter of the
plaintiffs complaint; eg. unjust
enrichment
2. PERMISSIVE- may not or are not
directly connected with the plaintiffs
complaint. It is not barred even if not set
up in the action. Would not result to
splitting.
Q: what would happen if you have
ambiguous claims in your pleading?
A: ambiguous claims are always taken
against the person/ party that made those
allegations; burden of proof is vested as
well on that party and if not proved to be
unambiguous could cause the case to be
dismissed on the ground of lack of cause of
action.

Rule 07 Parts of a PLEADING

A. CAPTION the caption must set forth the following:

1. Name of the court (eg. Regional Trial Court of Baguio City)
2. Title of action (eg. Small Claims)
3. Docket Number
to be left blank upon original initiatory pleading and will be filled up by the office of the
clerk of court when raffled; however, for non-initiatory pleadings it shall be filled with the docket
number of the court handling the case and to which it was raffled to.)
4. Names of the PETITIONERS & DEFENDANTS
 -they shall all be named in the original initiatory pleading (complaint or petition) completely,
but in the subsequent pleadings, it shall be enough if the name of the first party on each side be
stated with appropriate indication (et.al.) if and when there are other parties involved. Their
respective participation in the case shall be well indicated.

B. TEXT / BODY
-shall indicate the following: GR: An unsigned pleading is treated
a) Cause of action as a mere scrap of paper it has no
b) narration of ultimate facts effect or bearing; no legal effect or
c) address and related information of plaintiff and defendant bearing.

C. SIGNATURE & ADDRESS

-As a rule every pleading must be signed by the party or his counsel, stating as well his address.

Authority of the Counsel

- is personal in nature hence it cannot be transferred by the lawyer to anyone else.
- Authority to sign is agreed upon by the client & lawyer beforehand.

D. VERIFICATION
- It is an affirmation under oath by the party making the pleading that he is prepared to establish the
truthfulness of the facts which he has placed/pleaded based on his own personal knowledge.
- REQUIRED IN ALL PLEADINGS.
- A pleading is verified by an affidavit which declares that
the counsel; GR: the absence of a proper
1. Assured that the affiant has read the pleading verification is a cause to treat the
2. That the allegations therein are true and correct pleading as unsigned and dismissible.
to his personal knowledge and authentic and
true information.

E. CERTIFICATION AGAINST FORUM SHOPPING

-is a sworn statement that certifies against the following matters:

a) that the party has not commenced or filed any claim FORUM SHOPPING
involving the same issue in any court, tribunal or quasi-judicial -is an act of malpractice as the
agency and to the best of his or her knowledge, no such other litigant trifles with the courts and
action or claim is pending. abuses its power.
b) that if there is such a pleading/ pending action or claim,
a complete statement of the present status thereof.
c) that if he should therefore learn that the same or similar action has been filed or is pending before
any court, tribunal or quasi judicial agency, he shall report the fact FIVE (5) days therefrom to the court
wherein his initiatory pleading was filed.

-must be EXECUTED BY THE PARTY and NOT BY HIS COUNSEL.