You are on page 1of 5


Real action that which involves a thing, recovery of real property, is of course a
So starting with Rule 1, ano ang importanteng sections diyan in Rule 1? Sections 3, real action. Recovery of money is of course a personal action. It involves only… it
4, and 5. involves personal right. Enough with this.

SEC 3 Cases Governed.- These Rules shall govern the procedure to be observed Now, what is Sec 4 ito nga yung Actions where these Rules of Court are only
in actions, civil or criminal, and special proceedings. suppletory:(4)

a. A civil action is one by which a party sues another for the enforcement or
Land Registration
protection of a right, or the prevention or redress of a wrong.
Insolvency Proceedings
Election Cases
A civil action may either be ordinary or special. Both are governed by the
rules for ordinary civil actions, subject to the specific rules prescribed for SEC 4 In what cases not applicable.- These Rules shall not apply to election
a special civil action. cases, land registration, cadastral, naturalization and insolvency proceedings, and
other cases not herein provided for, except by analogy or in a suppletory character
b. A criminal action is one by which the State prosecutes a person for an act and whenever practicable and convenient.
or omission punishable by law.

c. A special proceeding is a remedy by which a party seeks to establish a They are governed by special rules. Now, if the ROC will apply only in suppletory
status, right, or a particular fact. character…

And then Sec 5 would be about commencement of action. We already discussed

In Section 3, you are told about the different kinds of action. Diba? A civil action,
that. When we discussed jurisdiction over the parties in a case. When is an action
a criminal action, and a special proceeding. The enforcement of a right or the
commenced? It is commenced upon filing of the complaint and timely payment of
preservation of a right, civil in nature. BUT when the State prosecutes an offense,
the correct docket fees. So that answers Sec 5.
criminal. BUT when you seek the establishment of a right, status or particular fact,
special proceeding.
Rule 1, Section 5. Commencement of action. — A civil action is commenced by
As to civil actions, they’re here what you call ordinary actions and of course, you the filing of the original complaint in court. If an additional defendant is impleaded
have special civil action. Where lies the difference? The difference is that the in a later pleading, the action is commenced with regard to him on the dated of the
regular, rules of court are only suppletory when it concerns a special civil action filing of such later pleading, irrespective of whether the motion for its admission, if
because they are governed by specific rules as they are provided for. You start necessary, is denied by the court.
with interpleader. Ang interpleader…
Then Sec 6 tells us about which should be favored in case of doubt? In labor law,
Now, you know now the distinction between an action in rem or an action in in case of doubt, in favor of labor. Dito in civil procedure, in case of doubt in whose
personam. That is one set of classification. The other set of classification is of favor? Sec. 6- in favor of the administration of justice. SO it does not favor any
course personal action and real action. When it involves real property, real action. party.
When it involves personal rights, personal action.

But when you distinguish action in rem, action in personam, you distinguish them RULE 2 CAUSE OF ACTION
as to their binding effect. An action in personam binds only the person, the parties
to the case, while an action in rem binds the whole world like for example, Let’s go now to Rule 2 Cause of Action must be distinguished from Right of Action.
adoption. Adoption is an action in rem so everyone has to respect the person as
being an adopted person. RULE 2 SEC 1 Cause of Action, defined.- A cause of action is the act or omission
by which a party violates a right of another.
Real actions. So ibang classification yan ha. So you don’t… can it happen that a
personal action is an action in rem? YES! Or can it happen that a real action is an PLAINTIFF’S “CAUSE OF ACTION”
action in personam? YES! But you always label them under the Rules as quasi,
diba? What is the definition of a cause of action?

Now, it is either quasi in rem, meaning to say, that the emphasis is on the The act or omission by which another’s right is violated or the act or omission in
binding effect which binds the whole world or quasi in personam. SO it can happen. violation of the right of another.
Foreclosure of mortgage for example under Rule 48. It’s a personal action, but it is
quasi in rem. Foreclosure of real estate mortgage.
SO if you are asked, where lies the cause of action? In the plaintiff or in the - A party in a class suit is one representing a class which has common
defendant? Under that definition, it is in the defendant, diba? Why? Because it is issues to be threshed out while a representative party is not really a party
an act or omission, therefore, who commits the act or omission that violates the in interest. He is only representing one who is the real party in interest.
right of another? The other there is the plaintiff whose right is violated and by the
act or omission of the defendant, so that is the cause of action. Rule 3, Section 3. Representatives as parties. — Where the action is allowed
to be prosecuted and defended by a representative or someone acting in a
But if you try to go to the definition of a complaint under Rule 6, it says there fiduciary capacity, the beneficiary shall be included in the title of the case and shall
“plaintiff’s cause of action.” be deemed to be the real property in interest. A representative may be a trustee of
an expert trust, a guardian, an executor or administrator, or a party authorized by
SEC 3 Rule 6 Complaint.- The complaint is the pleading alleging the plaintiff’s law or these Rules. An agent acting in his own name and for the benefit of an
cause or causes of action. XXX
undisclosed principal may sue or be sued without joining the principal except when
the contract involves things belonging to the principal.
So ano na ba ito? There seems to be a contradiction. While a cause of action is the
act or omission in violation of the right of the plaintiff, in the definition of the
complaint, it says “plaintiff’s cause of action.” That means plaintiff’s right of
action, so that the term right of action and cause of action are interchanged. SEE? - you take note that anyone may file a case through representation but in a
representative suit or a representative party in a suit, we must
Thus, the right of action is with the plaintiff. The right to demand for its specifically state in his complaint that he was not the party
preservation [is the right of action]… preservation of your own right is a right of plaintiff or the party defendant but he is only representing
action triggered by the defendant’s act or omission in violation of your right.BUT someone.
there can never be a right of action without a cause of action. What triggers the
right of action is the defendant’s cause of action because the plaintiff can only go - If an atty-in-fact files a case, may special power of attorney, but he files
to court once his right has been violated. the case in his private capacity for his principal, that case should be
dismissed for being an erroneous party to a suit because when you are
SO why do I have still to discuss this? Is this important? For your proper representing someone, it is mandated by the rule that you have to state
understanding of presentation of cases. Kasi kung minsan i-p-present yung case, whom you are representing.
plaintiff’s cause of action, when it should be defendant, but that refers to right of
action, because it is the remedial, it is the remedy of the plaintiff now because of - In this connection, remember that when you are representing a juridical
defendant’s violation. person you should not be armed with a special power of attorney, mali
yon. You should be armed with a board resolution.
- So in a representative party where the party is a corporation or a juridical
Sec 2 and 3 must be joined together. One suit for a single cause of action. entity, the power or authority is not and should not be an SPA but a board
RULE 2 SEC 3 One suit for a single cause of action.- A party may not institute
more than one suit more than one suit for a single cause of action. - Examples: guardian, administrator, executor. They are not the parties in
interest. They only filed the case for the parent/the minor children. The
One of the best explanations of this is the case of Perez v CA. rule provides that when a representative party files a case, it is
mandatory that the parties in interest must be named.
Perez vs CA – one suit for a single cause of action, and that is a 2007 case. Perez
vs CA. Although that is studied in Rule 39, one of the issue raised there is precisely Rule 3, Section 12. Class suit. — When the subject matter of the controversy is
the one suit for a single cause of action. If there is only one act which violates the one of common or general interest to many persons so numerous that it is
right of another, from this single act must emanate only one suit. One suit for a impracticable to join all as parties, a number of them which the court finds to be
single cause of action. Kapag ini-split mo yan, you have splitting a single cause of sufficiently numerous and representative as to fully protect the interests of all
party from class suit? Actually the question is wrong. They don’t have a common concerned may sue or defend for the benefit of all. Any party in interest shall have
ground: one is a party and the other is a suit. The correct question should the right to intervene to protect his individual interest.
distinguish a representative party from a party from a class suit. You should
answer it that way. - If the party in a class suit is someone who can sufficiently represent a
class, can it be just one?
o YES, it can be just one and still a class suit. It does not follow
- What are the requirements in a class suit? The cause of action is common
kasi, tignan niyo sa section 12 ang word diyan ay “or” (not
to many parties and the parties are so numerous that it is very impractical
“and”). Representative of a class must be numerous sufficient
to bring them all before the court.
enough, di ba? But the conjunction is NOT ‘and’ but “OR”
therefore is it possible that just one individual can file a class The court shall forthwith order said legal representative or representatives to
suit? Yes, if he is representative of a class. appear and be substituted within a period of thirty (30) days from notice.
o the case of METHODIST CHURCH v. CA, an old case where only
one individual represented the class, the Methodist church. If no legal representative is named by the counsel for the deceased party, or if the
Although sa Catholic Church settled na ‘yon di ba? Yung catholic one so named shall fail to appear within the specified period, the court may order
church is corporation sole. But we are talking here of a class suit the opposing party, within a specified time to procure the appointment of an
or representative suit. The requirement of a class suit or a executor or administrator for the estate of the deceased and the latter shall
representive suit is that: immediately appear for and on behalf of the deceased. The court charges in
 There must be numerous parties but it is impracticable procuring such appointment, if defrayed by the opposing party, may be recovered
for all of themto be brought to court. as costs.
 Now this impracticability referred to by the rule
is not the physical impracticability. - Sec. 16 refers to death of a party pendente lite. Don’t confuise that with
 It is legal impracticability. death of a party under Rule 39. Death of a party under Sec 7 of Rule 39-
 Halimbawa, preparation of pleadings- pano parties are already judgment obligors and obligees. Dito plaintiffs and
kung 100 yung plaintiff eh dun palang sa defendant pendete lite.
caption, 5 pages ka na.
 A good example would be the case of Pepsi - What does sec. 16 provides?
357,yung promo, sila. Can you imagine if you o Section 16 provides that when a party dies pendente lite, the
bring them all to court. counsel of the party must inform the court about the disease or
 That they must arise from a common cause of action. demise of the plaintiff or defendant, then substitute him with
 In one case, they brought a class suit another WITHOUT (tandaan niyo ito dahil I ti tie up niyo sa
representing tenants of a bliss project settlement of estate) the appointment of an executor or
(Imelda). The SC dismissed as a class suit administrator of the estate
because according to SC, its tenant has a o so i-substiutute mo lang, HEIR. O yan na. namatay si X. ang
separate interest. anak ni X ay si Y. so pag namatay si X sabihin ng lawyer si Y na
o Halimbawa, ung isa 100k utang, yung po yan, anak.
isa 50k, so there must be common or o Sasabihin, di pwede… BAKIT? Kasi estate na yon? NO, the rule
representative of the class. so provides, “wihtout the necessity of appointment of executor or
 In a subdivision for example, titignan niyo kung administrator.
ano ang claim. o Read further sec. 16 makikita mo bandang 3rd par. “That if the
o Example a subdivision composed of counself of the decedent does not comply with his duty he can be
several lot owners, can they file subject to disciplinary action” [so] should the case be dismissed?
regarding lightings, electricity, NO it is incumbent upon the adverse party to substitute.. but
service? COMMON BA? the substitution of the adverse party, requires the
o NO, they cannot because each one appointment of an executor or administrator.
may require a diff kind of service. o So don’t ever miss that and don’t ever exchange one for the
o How about garbage collection? other. Pag yung kabila, kasi hindi ginawa ng counsel ng
o PWEDE SIGURO. decedent, it should not be dismissed but [instead] it is incumbent
- This is class suit. You must always also go into the basic requirement of a upon the adverse counsel to substute the decedent (yung
class suit. kalaban niya) but with the appointment of exec or admin of his
- Titignan niyo yung interest so we cannot have here a hard and fast rule. estate.
Every situation will call for a different solution. What is important for you
for bar purposes is rationalize. Rationalize HA! - The appointment of the executor or administrator cannot be done easily
by motion. You have to file a separate petition for that under settlement
of estate proceeding.
Rule 3, Section 16. Death of party; duty of counsel. — Whenever a party to a - There is a sanction on the part of the lawyer who does not comply with
pending action dies, and the claim is not thereby extinguished, it shall be the duty this obligation.
of his counsel to inform the court within thirty (30) days after such death of the - To compare that with section 17, it includes resignation and incompetence
fact thereof, and to give the name and address of his legal representative or and it refers to a public officer. The public officer MAY (not
representatives. Failure of counsel to comply with his duty shall be a ground for mandatory) substitute or discontinue the case.
disciplinary action. - Tatandaan niyo yung mga i-t-tie up natin sa 86 and 87 RULES Claims
The heirs of the deceased may be allowed to be substituted for the deceased, against the Estate and Actions by or against Exec or Admin, respectively.
without requiring the appointment of an executor or administrator and the court - Tingnan niyo yon kung ano ung mga actions by kasi what is also
may appoint a guardian ad litem for the minor heirs. important is to find out what kind of action is it? See?
o Coz if it is a judgment for money, then claimable against the  So X is a necessary party only. The transferee is a
estate necessary party not an indispensable party.
o but if this is an action for recovery, real or personal, you file that o What is the exception? When the courts so ORDERS then he
against the Exec or Admin of the estate should be impleaded.

Rule 3, Section 17. Death or separation of a party who is a public officer. - What happens now to B if he is impleaded? CO-DEFENDANT na. Still he
— When a public officer is a party in an action in his official capacity and during its would be the indispensable party. (!?!??!?!?!)
pendency dies, resigns, or otherwise ceases to hold office, the action may be
continued and maintained by or against his successor if, within thirty (30) days Rule 3, Section 20. Action and contractual money claims. — When the action
after the successor takes office or such time as may be granted by the court, it is is for recovery of money arising from contract, express or implied, and the
satisfactorily shown to the court by any party that there is a substantial need for defendant dies before entry of final judgment in the court in which the action was
continuing or maintaining it and that the successor adopts or continues or pending at the time of such death, it shall not be dismissed but shall instead be
threatens to adopt or continue to adopt or continue the action of his predecessor. allowed to continue until entry of final judgment. A favorable judgment obtained by
Before a substitution is made, the party or officer to be affected, unless expressly the plaintiff therein shall be enforced in the manner especially provided in these
assenting thereto, shall be given reasonable notice of the application therefor and Rules for prosecuting claims against the estate of a deceased person.
accorded an opportunity to be heard.
- Contractual Money Claim, under the present rule now, if the claim is
- Sect. 17, the person here na nawawala is a public officer. Mar roxas based on contract, claim for money is based on contract, and the
halimbawa, he has a case and he resigns, he becomes incompetent or defendant dies pendente lite, the case shall not be dismissed that but
death, under sec. 17. Ano ba mangyayare? Will the case continue? should proceed up to entry of judgment.This is a U-turn from the
o NO! It is incumbent upon the successor to inform the court that 1960 Rules of Court where the case must be dismissed. The reason is to
the case must continue. That is a very bad rule. That is a bad expedite the proceeding.
rule. Kaya tayo maraming corruption. Pag nawala na yung may
kaso, next administration, pababayaan na lang. Dapat stringent - A final judgment is different from an entered judgment. Even if there is an
yan., but that's it. That is what the rule provides. appeal, the appeal continues. Even if there is a petition for review after
o The successor will determine if it is reasonable to continue the the appeal, the petition continues. It must conclude up to entry of
case or not. If he does not continue, then so be it, mawawala na judgment.
lang yan. Parang nangyayari ngayon, pag may bagong
administrasyon. Nawawala na yung mga kaso because of that - After entry of judgment, what is the next move of the judgment obligee?
rule. That should be amended. But so be it, it is there. Ordinarily, you avail of Rule 39 (Execution of Judgment).

So [minors and] incompetents… o But Rule 39 will not apply. To satisfy the judgment, you have to
file it as a money claim against the estate under Rule 86:
SEC 18 Incompetency or incapacity.- If a party becomes incompetent or  1. All claims for money against the decent, arising from
incapacitated, the court, upon motion with notice, may allow the action to be contract, express or implied, whether the same be due,
continued by or against the incompetent or the incapacitated person assisted by not due, or contingent;
his legal guardian or guardian ad litem.  2. All claims for funeral expenses;
 3. Expense for the last sickness of the decedent, and
 4. Judgment for money against the decent.
Rule 3, Section 19. Transfer of interest. — In case of any transfer of interest,
the action may be continued by or against the original party, unless the court upon - Rule 87 is an action for or against executors or administrators. All
motion directs the person to whom the interest is transferred to be substituted in other actions except those which are claimable against the estate may be
the action or joined with the original party. brought for or against the executor or administrator.
Section 20 must always be correlated with Rule 86 and 87 to see a bird’s eye view
- The transferee is only a necessary party. of the entire provisions.
- A files a case against B for recovery of a parcel of land. Pendete lite, B
dies. Can the case continue? - Now, if there is a writ of preliminary attachment, the death of the party-
o Yes, it can continue. Siyempre, i-apply mo muna ung Sec. 16. defendant does not discharge the writ of preliminary attachment
o But before he died, he transferred it to X. [The case is] A v. B. so YOU can run after the property under custodia legis, pursuant to the
Pendente lite, Btransferred the property to X. Should X be writ of preliminary attachment, by undertaking sale on attachment.
included? Is it mandated that X replace B? o Baka mabigla kayo nilagay niyo doon sale on execution. Ibang-
 NO. The case can continue between A and B without iba yon. 39 yung sale on execution. Dito, it will be sale on
impleading X. That is meant there by transfer of attachment.
- So if you file it as a claim against the estate, how do you go about it?
o A vs B, this is a contractual money claim. B borrowed P1,000,000 the proper court which has jurisdiction over the area wherein the real property
from A. This is a contract of loan. B did not pay so A filed a case involved, or a portion thereof, is situated.
for sum of money based on contract (contractual money claim). Forcible entry and detainer actions shall be commenced and tried in the municipal
B died. The case must continue up to entry of judgment. When trial court of the municipality or city wherein the real property involved, or a
there is already an entry of judgment, what should A do? He portion thereof, is situated.
cannot avail of Rule 39. He cannot go to court and file a motion
for execution because the defendant here already died. Rule 4, Section 2. Venue of personal actions. — All other actions may be
o He must file it as a claim against the estate. How? You cannot commenced and tried where the plaintiff or any of the principal plaintiffs resides,
claim against the heirs of the decedent. It must be claimed or where the defendant or any of the principal defendants resides, or in the case of
against the estate. The heirs are different from the estate. If the a non-resident defendant where he may be found, at the election of the plaintiff.
heirs would be representing the estate, that would be another
matter. Rule 4, Section 3. Venue of actions against nonresidents. — If any of the
o How will the judgment obligee, A, file a claim against the estate defendants does not reside and is not found in the Philippines, and the action
of B? There is a procedure under Rule 86. affects the personal status of the plaintiff, or any property of said defendant
 If there is no pending settlement of the estate of the located in the Philippines, the action may be commenced and tried in the court of
decedent, A should file a settlement of estate the place where the plaintiff resides, or where the property or any portion thereof
proceeding. Is A authorized to do that? Yes. Who may is situated or found.
file a settlement of the estate? A creditor may do so.
 But if there is already a pending settlement of the Rule 4, Section 4. When Rule not applicable. (GENERAL RULE)— This Rule
estate, A should just submit a copy of the judgment shall not apply.
together with the entry of judgment. Under settlement (a) In those cases where a specific rule or law provides otherwise; or
of estate proceedings, you apply for preference of (b) Where the parties have validly agreed in writing before the filing of
credits. the action on the exclusive venue thereof.

o A is riding his car along Roxas Boulevard and he collided with

another car driven by B, and nobody would like to accept RULE 5 UNIFORM PROCEDURE IN TRIAL COURTS
obligation or liability. A filed a case for sum of money against B.
B, pendente lite, dies. Can you apply Section 20? Rule 5, Section 1. Uniform procedure. — The procedure in the Municipal Trial
 NO, Section 20 deals with contractual money claims. Courts shall be the same as in the Regional Trial Courts, except (a) where a
There is no contract in this case. particular provision expressly or impliedly applies only to either of said courts, or
(b) in civil cases governed by the Rule on Summary Procedure.
o If B is a taxi driver and A is his passenger, this becomes a
contractual money claim (based on the contract of Uniformity rule – the Rules of Court applies in all courts.
transportation) if A files a suit.
Correlate this with Rule 1, regarding the non-application of the Rules to
naturalization cases, land registration cases, cadastral cases, election cases,
RULE 4 VENUE OF ACTIONS insolvency proceedings.

The venue of an action is what the law or rule provides (Example: Give a law Section 4. In what case not applicable. — These Rules shall not apply to
providing for the venue of an action: Rule 66 or petition for quo warranto, where election cases, land registration, cadastral, naturalization and insolvency
the venue is the residence of the respondent. In a special proceeding for proceedings, and other cases not herein provided for, except by analogy or in a
guardianship, the venue is the residence of the ward. In adoption, the venue is the suppletory character and whenever practicable and convenient.
residence of the prospective adopter. In these cases, you cannot agree otherwise).

In the absence of any rule, the agreement of the parties will govern. See Pacific
Consultants Philippines, Inc. (PPI) vs Schonfeld
In the absence of any agreement, you distinguish whether the action is real or
personal. If it is a personal action, the venue is the residence of the plaintiff, or
any of the plaintiffs, or the residence of the defendant, or any of the defendants, at
the option of the plaintiff. If it is a real action, the venue is where the property is

Rule 4, Section 1. Venue of real actions. — Actions affecting title to or

possession of real property, or interest therein, shall be commenced and tried in