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Someone must go to court and invoke the power of the court.

Before you can file a complaint, you must have a right to file a complaint. Right of Action Right to file a complaint Cause of Action (Section 2, Rule 2) Involves a right, a violation of that right In ordinary civil actions Evidence of damages is not necessary to vest upon a cause of action Prohibition on splitting Jurisdiction authority to hear and decide a case (not in the Rules, not a matter of procedure, but substantive law jurisdiction over the person) Others are found in Rule 14 Venue place where to file the complaint (Rule 4) Real Party in Interest as plaintiff and as a defendant *equity and justice will only apply in the absence of a law

Complaint is filed, fees are paid, Clerk of Court will issue SUMMONS (Rule 14). Summons tells you to appear. File an answer. If there are ambiguous allegations, file a motion for Bill of Particulars (Rule 12). After clarifying the allegations, look if theres a ground for motion to dismiss (Rule 16). If there is no ground, FILE AN ANSWER (Rule 6). Interpose defenses Affirmative Defense you admit, but say something to escape liability. Negative Defense specific denial, must not be general. General denial amounts to an admission. 3 types of Specific Denials (Section 10, Rule 8) 1 Possibility: No Answer plaintiff may go to court, file a Motion to Declare the Defendant in Default (Section 3, Rule 9). nd 2 Possibility: With Answer, but NO SPECIFIC DENIAL considered as admissions, so there are no issues. File a motion for judgment on the pleadings (Rule 34) If the issue is not genuine, there would be SUMMARY JUDGMENT (Rule 35) Answer = ordinary civil actions | Comment = special civil actions

Preparation of a complaint physical act of writing the complaint After preparing, go to the filing of the complaint. What is the significance of the filing of the complaint? By filing, the court acquires jurisdiction over the person, without performing any other act Stops the running of the period of prescription (Civil Law) Plaintiff resides in a foreign country and asked his lawyers to file a complaint. Defendant resides in the Philippines, filed a motion to dismiss for lack of jurisdiction over the plaintiff, being abroad. Should you grant the motion to dismiss? No. The court acquires jurisdiction by the filing of the complaint. The complaint was filed by the lawyers. Amendments (Rule 10) Amendment of the pleadings by the plaintiff. Dismissal of complaint by the plaintiff (Rule 17) Yes. THIS IS THE FIRST PART, ALL ABOUT THE PLAINTIFF. Answer with a counterclaim if the defendant also has a claim against the plaintiff Cross claim claim against co-defendant Third (Fourth) -Party Complaint against a person not a party to the complaint Intervention to gate crash in the complaint Rejoinder does not officially exist. Reply responsive pleading to an answer. Can you file a civil action without a cause of action? Yes. In special civil actions. But not in ordinary civil acitons. Ex. Rule 67 Expropriation (Special Civil Action) Government will file an action not because their right was violated. The defendant did not violate the governments right. No cause of action. Petition for Declaratory Relief No cause of action as defined in Rule 2. Petitioner has an interest in a deed, contract, will, or other written instrument or his rights are affected by a statute, ordinance or other rules and regulations. Interpleader (Rule 62) plaintiff has no right violated by the defendant.

Cause of action based on breach of contract When you file a complaint based on breach of contract, plaintiff does not have to allege negligence of the defendant. Why? Because negligence is not an element of a breach of contract, it is an element of Quasi-Delict but not breach. Allege existence of contractual relation and the violation of the contract, no need to allege negligence. It is not presumed, except in Common Carriers. Private Carrier, negligence is not presumed. Cause of Action originated from substantive law. Substantive Law creates a right. Cause of Action comes from a right. Art. 1157 Sources of obligations. Where cause of action arises. Cause of Action demanding performance of an obligation Not enough that the debt has matured Right will only be violated if you demanded and there was still no payment Class Suit Must have a common and general interest in the subject matter. Ex. Newsweek vs. IAC - appeal by NW to the SC. Started in Negros. NW wrote the article, An Island of Fear, derogatory for the sugar-planters of Negros. They asked for damages because of besmirched reputation. Issue: Was there a class suit? Held: No, there was no class suit. There is no common or general interest in the subject matter. If the interest is identifiable as his alone, there was no class suit. Case: Small community, so united, they have a common fund. It was on the Treasurers house. Every coin is commonly-owned. The treasurer disappeared with the coin bank. There was a class suit. Each and everyone owned the money. Joinder of causes of action Suffered own individual injuries, but the cause if the same. Oposa vs. Factoran Class Suit. The need to maintain the healthy ecological balance of the environment. Common or general interest in the environment. X owes Y a sum of money. Demand was made on due date. There was no payment. Complaint was file for collection of a sum of money. The maturity date was not

alleged in the complaint. Defendant filed a motion to dismiss, based on the lack of cause of action. Correct? No. There was no lack of cause of action, but there was failure to state cause of action. The problem was in the way it was stated; the ground is not lack of cause of action. There was a failure to state cause of action. How to state cause of action? State the elements of cause of action