Professional Documents
Culture Documents
A. As to the NATURE
ORDINARY Civil Action
Governed by Ordinary Rules
A proceeding to
DETERMINE the
STATE/CONDITION of the
THING
An action to IMPOSE a
responsibility or LIABILITY
upon a person directly
RIGHT of ACTION
Remedial right or 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
The remedy or means afforded or the consequent
relief
Right that is given the right to litigate because of
the occurrence of the alleged facts
Determined by substantive law
REMEDY
The procedure or type of action
which may be availed of by the
plaintiff as the means to obtain
the desired relief
VENUE
PLACE where the action is instituted
May be WAIVED
Procedural
May be subject to AGREEMENT by the parties
REQUISITES:
1. In writing
2. Executed by the parties before the filing of
the action
3. There must be exclusivity as to the selection
of venue
Not a ground for motu proprio dismissal
summary procedure
PERMISSIVE COUNTERCLAIM
Does NOT arise nor is it necessarily connected w/
the subject matter of the opposing partys claim
May require for its adjudication the presence of 3RD
PARTIES over whom the court cannot acquire
jurisdiction
NOT BARRED even if not set up in the answer
Considered an INITIATORY pleading
Should be accompanied w/ a
1. C-NFS &
2. whenever required by law, a Cert to File
Action
Must be answered by the party against whom it is
interposed, otherwise he may be declared in
DEFAULT as to the counterclaim
SUBJECT MATTER
The thing, wrongful act, contract
or property which is directly
involved in the action, concerning
which the wrong has been done
and with respect to which the
controversy has arisen.
JURISDICTION
POWER of the court to hear & decide the case
Jurisdiction over the SUBJ MATTER & over the
NATURE of the action is conferred by law & CANNOT
be waived
Substantive
Cannot be subject to agreement
COMPULSORY COUNTERCLAIM
ARISES out of or is necessarily CONNECTED w/ the
transaction or occurrence that is the subject matter
of the opposing partys claim
Does NOT require for its adjudication the presence
of 3rd parties of whom the court cannot acquire
jurisdiction
BARRED if not set up in the answer
Not
Not
CROSS-CLAIM
Against a CO-PARTY
COUNTERCLAIM
Against an OPPOSING PARTY
COMPLAINT-IN-INTERVENTION
Brings into the action a 3rd person who was not
originally a party
Initiative is w/ a non party who seeks to join the
action
AMENDED PLEADING
Refers to the facts EXISTING at the time of the
commencement of the action
TAKES THE PLACE of the original pleading
Can be made as a matter of right as when no
responsive pleading has yet been filed
When filed, a new copy of the ENTIRE pleading must
be filed, incorporating the amendments, which shall
be indicated by appropriate marks
SUPPLEMENTAL PLEADING
Refers to facts ARISING AFTER the filing of the
original pleading
Taken TOGETHER with the original pleading
Always w/ LEAVE OF COURT
PROOF of FILING
GR: by its existence in the RECORD
a) If filed PERSONALLY by the
written/stamped ACKNOWLEDGMENT by the
COC on a copy of the same
b) If by REG. MAIL by the:
1. REGISTRY RECEIPT
2. AFFIDAVIT of the person who did the
mailing, with a FULL STATEMENT of:
PROOF of SERVICE
a) PERSONAL SERVICE shall consist of:
1. Written ADMISSION of the party
served
2. Official RETURN of the server
3. AFFIDAVIT of the serving party,
containing full information of the
i) Date
ii) Place
i)
MINORS &
INCOMPETENTS
PRISONER
MINORS
1. Minor
2. Parent/guardi
an
INCOMPETENTS
1. Incompetent
2. Guardian
Officer having
management
of the jail or
prison
(WARDEN)
*guardian ad
litem
DOMESTIC
PRIVATE
JURIDICAL
ENTITY
a) President
b) Corporate
Secretary
c) Treasurer
d) General
Manager
e) Managing
Partner
f) In-house
Counsel
FOREIGN
PRIVATE
JURIDICAL
ENTITY
REGISTERED IN
THE PH
a) Resident
agent or
any
agent/office
r in the PH
b) Govt official
designated
by law
NOT
REGISTERED,
w/o resident
agent(by leave
of court)
a) Personal
service
coursed
thru DFA
b) Publication
once in the
ngc of its
country +
Registered
Mail of
summons &
court order
to last
known
address
c) Facsimile or
any
recognized
electronic
means that
could
generate
proof of
PUBLIC
CORPORATION
S
RP SolGen
PROVINCE,
CITY, MUN, etc
Executive
head or other
officer/s as the
court may
direct
service
d) Such other
means that
the court
may in its
discretion
direct.
PLEADING
Only 9 pleadings
Purpose:
to submit a claim/defense for appropriate judgment
May be initiatory
Always filed before judgment
Must be in writing
MOTIONS filed before the TRIAL COURT
GR: must contain a notice of hearing (otherwise,
mere scrap of paper & will not interrupt running of
period to file responsive pleading)
SERVICE of SUMMONS
Publication in ngc (w/ LOC)
1. Substituted service
2. Extraterritorial service (w/
LOC)
Extraterritorial Service
a. Personal Service outside
PH w/ LOC
b. Publication in a ngc + Reg
mail of summons & order
of court to last known
address
c. Any othe rmanner the
court deems sufficient
MOTION
Any application for relief not by a pleading is a
motion (definition)
To apply for an order not included in the judgment
Cannot be initiatory as they are always made in a
case already filed in court
May be filed even after judgment
May be oral when made in open court or in the
course of the hearing/trial
MOTIONS filed before the APPELATE COURTS (CA &
SC)
None (there is no motion day)
LITIS PENDENCIA
Simply means that another case is pending between
the same parties founded on the same cause of
action.
It is a non-waivable ground for the dismissal of the
case
PRESCRIPTION
Concerned w/ the FACT of delay
A matter of TIME
Statutory
Applies at law
Based on a FIXED time
LACHES
Concerned w/ the EFFECT of delay
A matter of EQUITY
Non-statutory
Applies in equity
not
Clerk of Court.
The AWARD given by the court is LIMITED to what
has been prayed for in the complaint.
Rationale:
Defendant did not file an answer (he is not willing to
put up a fight)
SUBPOENA
An order to APPEAR or to PRODUCE books & docs
May be served to a NON-PARTY
Needs tender of KILOMETRAGE, attendance fee &
reasonable cost of production FEE
INTERPLEADER
An ORIGINAL action
Presupposes that the plaintiff has no interest in the
subject matter of the action or has an interest
therein, which in whole or in part, is not disputed by
the other parties in the action
Defendants are being sued precisely to implead
them.
SUMMONS
An order to ANSWER complaint
Served on the DEFENDANT
Does NOT need tender of kilometrage & other fees
COMMISSSION
An instrument by a court/tribunal, to AUTHORIZE a
person to take depositions or do any other act by
autority of such court/tribunal
OUTSIDE THE PH
1. sec of embassy/legation, consul general,
consul, vice consul, consular agent of the PH
2. such person/officer as may be appointed by
commission or under letters rogatory
3. any person authorized to administer oaths
( as stipulated by the parties in writing)
LETTERS ROGATORY
An instrument sent in the name & by authority of a
judge/court to another, REQUESTING the latter to
cause to be examined upon interrogatories filed in
As to
DEPONENT
As to
PROCEDURE
As to SCOPE
Time to answer
NO intervention.
Parties only
ACTIONABLE DOCUMENT
Must be attached to the complaint or copied
therein.
Its genuineness & due execution is deemed
impliedly admitted unles specifically denied under
oath by the adverse party.
PRODUCTION/INSPECTION OF DOCUMENTS/THINGS
A mode of discovery.
DEMURRER TO EVIDENCE
Judgment is rendered by the court after the case
has undergone a ONE-SIDED HEARING.
There are isues presented. The court has received
the evidence-in-chief by the plaintiff and he had a
chance to prove his claim.
DEMURRER TO EVIDENCE
Presented AFTER the plaintiff rested his case
Only ground: insufficiency of evidence
If DENIED defendant may present his evidence
If GRANTED complaint is dismissed.
Remedy of Plaintiff: APPEAL
MOTION TO DISMISS
Presented BEFORE a responsive pleading (answer) is
filed by defendant
If DENIED defendant may file his responsive
pleading
If GRANTED complaint is dismissed depending on
the ground, the complaint may be re-filed if the
ground is:
a. res judicata
b. prescription
c. demand/claim is
waived/abandoned/extinguished
d. unenforceable under the Statute of Frauds
SUMMARY JUDGMENT
Based on the pleadings,
depositions, & affidavis
JUDGMENT BY DEFAULT
Based on the complaint
& evidence, if presentation is
required
Available to plaintiff
GROUNDS:
FAME N (contained in affidavit)
Filed within the time to appeal
ORDINARY APPEAL
(Appeal by Writ of Error)
To the CA,
of a case decided by the RTC in
its original jurisdiction
to the CA,
of a case decided by the RTC in
the exercise of its appellate
jurisdiction
INJUNCTION
May exceed 20 days
Restrains or requires the performance of particular
acts
TRO
Does not exceed 20 days (RTC)
Does not exceed 60 days (CA)
Maintains the status quo
CONCLUSIVENESS of JUDGMENT
IDENTITY of:
1. parties
2. subject matter
PROHIBITION
Directed against a COURT, tribunal, or person
exercising judicial, quasi-judicial or ministerial
function
Based on the ground that the court against whom
the writ is sought had acted without or in excess of
jurisdiction
Always the main action
MANDAMUS
SCA seeking a judgment commanding a tribunal,
board or officer or person to perform a ministerial
EXTRAJUDICIAL FORECLOSURE
Also applies to chattel
Notary public or sheriff of the court
No complaint
Legal redemption
1 year
CERTIORARI
Directed against an entity/person
exercising
a. judicial, or
b. quasi-judicial function
Entity/person is alleged to have
acted:
a. without jurisdiction
b. in excess of jurisdiction
c. with grave abuse of
discretion amounting to
lack/excess of jurisdiction
Purpose is to annul or nullify a
proceeding
PROHIBITION
Directed against an entity/person
exercising
a. judicial
b. quasi-judicial
c. ministerial function
Entity/person is alleged to have
acted:
a. without jurisdiction
b. in excess of jurisdiction
with grave abuse of discretion
amounting to lack/excess of
jurisdiction
Purpose is to have respondent
desist from further proceeding
Corrective remedy
(to correct the usurpation of
jurisdiction)
MANDAMUS
Directed against an entity/person
exercising
Ministerial function
Entity/person is alleged to have
unlawfully:
a. neglected a ministerial
duty
b. excluded another from a
right of office
Purpose is for respondent to:
1. do the act required &
2. pay damages
Affirmative/positive
(if the performance of a duty is
ordered)
or
negative
(if a person is ordered to desist
from excluding another from a
right or office)
Covers ministerial acts