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Define ‘action’ Significance of the distinction PA v.

An action is the legal and formal demand For the purpose of determining the venue of the action
of one’s right from another person In personam v. in rem actions
made and insisted upon in a court of justice A proceeding is in personam is one which seeks to
enforce personal rights and obligations brought against
Civil actions v. criminal actions the person. A judgment in personam is binding upon
A civil action “is one by which a party sues another for the parties and their successors-in-interest, but not
the enforcement or protection of a right, or the upon strangers.
prevention or redress of a wrong”.
Examples: an action for a sum of money, an action for
A criminal action “is one by which the State prosecutes damages, actions for recovery of real property, unlawful
a person for an act or omission punishable by law”. detainer, forcible entry, injunction

Special proceedings (SP) An action in rem is directed against the thing itself
The purpose is to establish a status, a right, or a instead of a person. A judgment is binding upon the
particular fact. whole world.

SP under the ROC (Sec. 1 of Rule 72) Examples: petition for adoption, annulment of
a) Settlement of estate of deceased persons; marriage, correction of entries in the birth certificate,
b) Escheat; probate of a will, land registration proceeding
c) Guardianship and custody of children;
d) Trustees; Quasi in rem actions
e) Adoption; One wherein an individual is named as defendant and
f) Rescission and revocation of adoption; the purpose of the proceeding is to subject his interest
g) Hospitalization of insane persons; therein to the obligation or lien burdening the property
h) Habeas corpus;
i) Change of name; Examples: attachment, foreclosure of mortgage, action
j) Voluntary dissolution of corporations; for partition, action for accounting
k) Judicial approval of voluntary recognition of minor
natural children; Significance of distinction between IR, IP, QIR
l) Constitution of family home; To determine whether or not jurisdiction over the
m) Declaration of absence and death; person of the defendant is required and consequently
(n) Cancellation of correction of entries in the civil to determine the type of summons to be employed
Define ‘cause of action’
Special civil actions in the ROC A cause of action is the act or omission by which a party
a) Interpleader violates the rights of another.
b) Declaratory relief and similar remedies
c) Review of judgments and final orders or resolutions Elements of a cause of action
of the Commission on Elections and the Commission on 1) a right in favor of the plaintiff by whatever means
Audit and under whatever law it arises or is created;
d) Certiorari, prohibition, and mandamus 2) an obligation on the part of the named defendant to
e) Quo warranto respect or not to violate such right; and
f) Expropriation 3) an act or omission on the part of such defendant in
g) Foreclosure of real estate mortgage violation of the right of the plaintiff or constituting a
h) Partition breach of the obligation of defendant to the plaintiff for
i) Forcible entry and unlawful detainer which the latter may maintain an action for recovery of
j) Contempt damages or other appropriate relief.

Real v. personal actions Elements of a complaint for unlawful detainer

An action is ‘real’ when it affects title to or possession 1) Initially, possession of property by the defendant was
of real property, or n interest therein. All other actions by contract with or by tolerance of the plaintiff
are personal actions. 2) Eventually, such possession became illegal upon
notice by the plaintiff to the defendant of the
Examples of real actions termination of the latter's right of possession
 Unlawful detainer 3) Thereafter, the defendant remained in possession of
 Forcible entry the property and deprived the plaintiff of the
 Accion publiciana enjoyment thereof
 Accion reinvindicatoria 4) Within one year from the last demand to vacate the
 Quieting of title property, the plaintiff instituted the complaint for
 Removal of a cloud on title ejectment
Test whether or not the complaint states a cause of Duty of pleader if a necessary party is not joined
action The pleader shall set forth the name of the necessary
Whether, assuming that the allegations of fact in the party, if his name is known, and state why such party is
complaint to be true, a valid judgment could be omitted
rendered in accordance with the prayer stated therein When court may order joinder of a necessary party
If the reason given for the non-joinder of the necessary
Failure to state a cause of action v. lack of a cause of party is found by the court to be unmeritorious
The former refers to an insufficiency in the allegations Effect of failure to comply with the order of the court
of the complaint while the latter refers to the failure to Shall be deemed a waiver of the claim against such
prove or establish by evidence that one has cause of party
Effect of death of a party on the attorney-client
Splitting a single cause of action relationship
The act of instituting two or more suits on the basis of The death of the client extinguishes the attorney-client
the same cause of action relationship and divests the counsel of his authority to
represent the client.
Three tests to ascertain whether two suits relate to a
single or common cause of action Duty of counsel upon death of his client
1) whether the same evidence would support and To inform the court within 30 days after such death
sustain both the first and second causes of action
2) whether the defenses in one case may be used to Action of the court upon notice of death
substantiate the complaint in the other Upon receipt of the notice of death, the court shall
3) whether the cause of action in the second case determine whether or not the claim is extinguished by
existed at the time of the filing of the first complaint such death.

Joinder of causes of action Actions which survive the death of a party

It is the assertion of as many causes of action as a party a) actions to recover real and personal property
may have against another in one pleading alone. b) actions to enforce a lien thereon
It is the process of uniting two or more demands of c) actions to recover damages for an injury to person or
rights of action in one action property

Parties to a civil action Indigent parties

Plaintiff and defendant The party is one who has no money or property
sufficient and available for food, shelter and basic
Who may be parties to a civil action necessities for himself and his family.
a) natural persons
b) juridical persons Role of the ‘Solicitor General’
c) entities authorized by law Only the SolGen can bring and defend actions on behalf
of the RP abd that actions filed in the name if the
What is a real party-in-interest Republic or its agencies and instrumentalities, if not
The party who stands to be benefited or injured by the initiated by the SolGen, will be summarily dismissed.
judgment in the suit, or the party entitled to the avails
of the suit What is a ‘class suit’
An action where one or more may sue for the benefit of
Doctrine of locus standi all if the requisites for said action are complied with
Requires a litigant to have a material interest in the
outcome of a case Requisites for class suit to prosper
a) the subject matter of the controversy must be of
What is an indispensable party common or general interest to many persons
An indispensable party is a real party in interest without b) the persons are numerous that it is impracticable to
whom no final determination can be had of an action join all as parties
c) the parties actually before the court are sufficiently
What is a necessary party numerous and representative as to fully protects the
A necessary party is one who is not indispensable but interests of all concerned
who ought to be joined as a party to the case if d) the representatives sue or defend for the benefit of
complete relief is to be accorded as to those already all
parties, or for a complete determination or settlement
of the claim subject of the action.