CIVIL PROCEDURE

General View  Interpleader, declaratory relief, mandamus, quo warranto, partition,

ejectment case, contempt, review of judgments and final orders or
Filing of Complaint (Plaintiff) resolution of COMELEC and COA
Court issues summons to defendant Ordinary Civil Action
 Damages, collection of sum of money
Defendant may answer, not answer, or file a motion to dismiss

(If motion to dismiss is granted, case dismissed) Local Government Units

 Referral to the lupon: barangay
*In there is an answer, the issues are joined o Criminal cases (light offenses: penalty is less than 1 year of
imprisonment)
Pre-trial; but before Pre-trial is actually conducted o Civil cases: General rule: ALL
Except: 1. settlement of estate- go straight to court
Mediation and JDR 2. Annulment of marriage
3.Land registrations
Not Settled Settledthru compromise Agreement(CASE IS OVER) Other exceptions:
1. One of the parties is an artificial person
Pre-trial Proper -go straight to court
2. Parties are residents of different cities or municipalities
Trial
 Defendant may file demurrer to evidence Q: The parties are residents of different barangays but same city?
 If granted: case is dismissed A: Go to the Lupon still
Q: But, Which barangay would handle the case?
 If not granted or no demurrer is filed
A: Respondent’s barangay. It will be easier to ensure compliance of the
respondent to the order.
Judgment
3. Properties
MR Appeal Motion for New Trial 4. One party is a government or any instrumentality thereof
Q: What if the case wasn’t referred to the lupon?
Appeal A: The case will be dismissed (Rule 16)
 Up to the Supreme Court Ground:(j) failure to comply with the condition precedent
 Judgment becomes final and executory (lapse into finality, 15 days after -motion to dismiss based on non-referral to the lupon is not a ground
receipt of the copy of the judgment) unless summary procedure
 Lack of cause of action is under Rule 2
 No lawyers are welcome in the lupon. Only the parties must be present.
Execution  If one party is a lawyer, he will go there as a party to the case
 If one of the parties needs assistance, he can be assisted by a relative
Provisional Remedies (Rule 57-61) next of kin provided the relative is not a lawyer.
 Preliminary Attachment, Preliminary Injunction, Receivership, Replevin,  The parties will enter into compromise agreement/settlement which shall
Support Pendente Lite be final after 10 days, as if it is a judgment rendered by the Court. It can
*to prevent the defendant from further violating the rights of plaintiff now be enforced by the Lupon of the respondent’s barangay.
 Within the 10 day period, the defendant can repudiate the settlement.
Special Civil Actions (Rule 62-71) Then, trial continues
 Have their own rules  If cannot be enforced within 6 months, file an enforcement of the
barangay settlement in court
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Civil Procedure Notes S.Y. 2016-2017
 SC-CA-RTC
JURISDICTION SC-RTC
-power of the courts to hear and decide cases  Doctrine of Hierarchy of Courts: file a case in the lowest court possible
-Jurisdiction is conferred by law o WHY? To afford respect to the higher court.
o Practical
1. Less filing fees
Supreme Court 2. More convenient venue for the parties
Court of Appeals 3. More remedies i.e. appeal
 Only one CA in the Philippines but MTC  RTC  CA  SC
three branches: Manila, Cebu and Cagayan Concurrent original Appellate Appellate
de Oro
RTC o If the doctrine of hierarchy of courts is violated, the court can
 In every judicial region dismiss the case
 Alphabetical region o The doctrine only applies to those exercising concurrent
original jurisdiction.
MTC MeTC MTCC MCTC
In each Only (Baguio) Benguet Original Exclusive Jurisdiction of CA
municipality one.  Annulment of judgment of RTC (Rule 41)
Metro  Do not go before other RTC branches because they have co-equal
Manila jurisdiction.

Trial Courts: RTC, MTC, MeTC, MTCC, MCTC Original Exclusive Jurisdiction of RTC
Appellate Court: CA A. Cases incapable of pecuniary estimation
 69 justices, divided into 23 divisions, 3 members per division  Cannot be equated with money
 Lead by the Presiding Justice e.g. specific performance
 Division 1-17(Manila), 18-20(Cebu), 21-23(CDO)  Two tests:
Supreme Court 1. Nature of the action (Prevailing Test- expropriation cases)
 Court of last resort/ Fundamental Court  Read the complaint: what does it want?
 15 justices Q: Why is there a need to identify the amount?
 2 divisions, 7 members A: The amount indicates where to file the case. If there is no
 3 divisions, 5 members amount, file it to the RTC.
 5 divisions, 3 members a. Ultimate Objective Test
 Lead by the Chief Justice of the Philippines - The end goal of the parties
En Banc: depending on what cases to be resolved like election of Pres or VP, - What does he want in the end?
criminal cases when they impose capital penalty - E.g. Shares of stock: capable of pecuniary estimation
*Barangay San Rafael case
Original vs. Appellate Jurisdiction
B. Cases capable of pecuniary estimation
Original Appellate  Jurisdictional amount
Case is being Case is being re-
considered for the very considered 1. Recovery of ownership/possession of real property or any interest
first time by the court therein
 Amount would depend on the assessed value of the real property
Original Jurisdiction  Tax Declaration serves as an assessment of the property as to its
 Exclusive:you can file a case in a specific court alone value.
 Concurrent: you can file a case in either court.
SC-CA
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RTC Metro Manila MTC  Value that you believe the property to be
Above 20k 20k and below

Above 50k 50k and below RTC Metro Manila MTC

Above 300k 300k and below
Example: defendant encroached the lot
Above 400k 400k and below
Plaintiff defendant
4. All cases under maritime jurisdiction
 Involving law of the sea
Assessed value: 25k, so Plaintiff files it with the RTC.  Jurisdictional amount is similar as to that in settlement of estate
Defendant files a motion to dismiss since Plaintiff is only recovering 200
sq.meters worth 5k. thus it must be filed with the MTC.
Motion to dismiss must be denied. Under the law it says “Recovery of RTC Metro Manila MTC
ownership/possession of real property or any interest therein. So whether or not it Above 300k 300k and below
is the whole land or not, look on the assessed value of the entire property to
determine the jurisdictional amount. Above 400k 400k and below

5. Sum of Money
Q: Why base the jurisdictional amount on the assessed value and not the market
value? RTC Metro Manila MTC
A: Assessed value is consistent or constant while fair market value is the price Above 300k 300k and below
that the seller is willing to sell and the buyer is willing to buy
Above 400k 400k and below
2. Settlement of Estate
 Basis: gross value of the estate
 Where to file? Look on the jurisdictional amount  If based on a promissory note, jurisdictional amount is similar as to that
in settlement of estate
RTC Metro Manila MTC  If based on contract, written or implied, the basis is the amount of the
Above 300k 300k and below principal loan, not including interest or damages.

Above 400k 400k and below Illustration:

Loan: P200k MTC
Illustration: Interest: P100k
Two properties are involved in a case, one is in Baguio while the other one is in Penalties: P50k
La Trinidad. The properties are worth 450,000. Where should the case be filed? Atty’s Fees: 100k
----------
RTC where the plaintiff last resided or at the time of death 450k
If he resides abroad, he can file it either in Baguio and La Trinidad (either place
where his property is located). But if one court takes cognizance, the other courts Q: If the plaintiff is able to prove interest and atty’s fees, can the MTC award
must be excluded P400k?
A: No. MTC cannot award a value beyond its jurisdiction
3. Recovery of Personal Property
 Jurisdictional amount is similar as to that in settlement of estate  To award beyond its jurisdiction is null and void, but it can award lower
 Where to base the value? than its jurisdiction.
 Fair market value; or
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 6. Damages
 Add all the amount of damages to determine jurisdiction.

Illustration:P vs. D for damages

Actual: P100k
Moral: P100k
Exemplary: P100k
Attorney’s Fees: P100k
----------
P400k RTC

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 C. Under Securities and Exchange Commission Jurisdiction
 Intracorporate controversies
 Intercorporate controversiesbefore it was SEC’s jurisdiction, but
now,RTC particularly designated by SC as COMMERCIAL COURTS
1 1. Forcible Entry
Now… Commercial Courts take jurisdiction over corporate disputes
D. General Jurisdiction
 No court appears to have jurisdiction RTC
 If there is a quasi-judicial body that takes jurisdiction over a case, such
case must be filed to that body.
 If the case is of novelty (first of its own), file it to the RTC.
E. Family Courts
 Supreme Court designated RTCs as Family Courts
 There shall be family courts in every city and every province.
 If the capital of the province is also a city: Family court must be
established in the town with the largest population.
e.g. in Baguio: Branch 4 and Branch 29 (?)
 Cases under Family Courts:
Criminal Cases:
1. Accused is a minor, regardless of the crime
2. Victim is a minor
 Even if the complaint is filed by the parents.
 The victim is not the same as the complainant
 Any correction of birth certificate that will change the status of the child
should be filed before the RTC.
Exclusive Original Jurisdiction of MTC
Ejectment case
2. Unlawful Detainer
 No need to consider the assessed value
Appellate Jurisdiction of RTC
 All decisions of MTC within its territorial jurisdiction
e.g. MTC Baguio  RTC Baguio
MTC La Trinidad  RTC La Trinidad
MTC Itogon RTC La Trinidad
Q: Are there cases filed from RTC and appeal to SC?
A:
1. Criminal cases where the penalty imposed is capital punishment
 The case will pass through the CA for review
2. Constitutionality of a law or a treaty
3. Validity of tax
 Question an ordinance implementing tax
 Pay under protest
4. Cases involving jurisdiction of the court
- Where Jurisdiction of the court is in issue – File with RTC and Appeal to SC
 All these involve only questions of law
 Petition for review on certiorari/appeal by certiorari

Q: If there are 5 accused and 1 is a minor, where should the case be filed? NOTE:
A: Before the Family Court. 1. SC only entertains all questions of law and not questions of fact ass SC is
“not a trier facts”
3. Civil cases: annulment of marriage, declaration of nullity and legal 2. Jurisdiction is conferred by law and determined by allegations in the
separation complaint
3. Complaint is the initiatory pleading. No complaint, no case.

Q: If the case involves correction of entry in a birth certificate, where should the
case be filed? Illustration:
A: Actual Damages: P100k
If the correction is clerical: file an administrative action before the Local Civil Moral Damages: P100k
Registrar (LCR) Exemplary Damages: P100k
----------
o Change of gender: Regular courts P400k: alleged in the complaint
o Date and Place of marriage of parents: Family Court
It changes the status of a child RTC cannot dismiss the case by evaluating a lower value. It cannot outrightly
o Petition to remove the name of the father: Family Court dismiss it due to lack of jurisdiction
o Certificate of Death, “widower” change to “single”: Family Court The complaint contains merely “allegations”
- Still has to be proven
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 - The court will take cognizance and determine at the hearing if the
alleged value is correct. Mortgage
- RTC cannot outrightly dismisss the case at it must take cognizance Y loaned money to Z and M. Z did not pay. M did not pay. Y wants to foreclose the
and decide with decisions. mortgage for failure of the debtors to pay.

Creditor Z vs. Y
PARTIES Indispensable Plaintiff Indispensable Defendant
 Plaintiff files the case through a complaint
+M
CIVIL CASE: Plaintiff vs. Defendant Necessary Party; 2nd mortgage
SPECIAL CIVIL CASE: Petitioner vs. Respondent
Q: Does Z get complete relief from a case filed against Y?
A: No, because even if Z gets relief from Y; need to include M for complete relief.
NOTE:
 All actions must be prosecuted in the name of the real parties in interest
NOTE: Include necessary party to get complete relief.
– those who stand to be affected by whatever decision the court makes
 The plaintiff and defendant are the real parties in interest.
3. Representative Parties
 “Every action must filed by the real parties in interest”
 One who represents and stands in place of another
Kinds of Parties:
Illustration:
1. Indispensable Parties/ Real Parties-in- interest
Car Owner has an agent. Agent finds a buyer. Buyer does not pay full purchase
 Indispensable Plaintiff vs. Indispensable Defendant
price. For failure of the buyer of the car to pay, the agent filed a suit against the
 The parties have to be present in the court buyer.
 The court cannot do without these parties.
Agent vs. Buyer
2. Necessary Parties/Proper Parties Not a real-party-in-interest Indispensable Defendant
 Included for complete relief
The Car owner is the real-party-in-interest and not the agent.
Illustration:
A and B are joint debtors in a P1M obligation
Q1: Is A an indispensable plaintiff?
A1: No. Because A is not affected and not an indispensable party
Creditor X vs. A (500k)
Indispensable Plaintiff Indispensable Defendant
Q2: If buyer wants case dismissed as A is not a real party in interest, what case
+ B (500k) should be filed?
Necessary Party A2: File a motion to dismiss on the ground of LACK OF PERSONALITY TO SUE.
*X gets relief from A only
*X gets COMPLETE RELIEF if B is included NOTE:
1. Lack of capacity to sue is different from lack of personality to sue.
A and B are solidary debtors in a P1M obligation 2. Lack of personality to sue used as a ground to dismiss is a mere
FORMAL ERROR which can be cured by amendment.
Creditor X vs. A (P1m) Q3: How should Agent make proper amendment?
Indispensable Plaintiff Indispensable Defendant A3: “Car owner represented by Agent vs. Buyer”
 Include the indispensable party
No need for a necessary party because the obligation is solidary.
 Agent becomes the representative party
SPA
 When the attorney-in-fact sues, he must include the name of the
principal as the indispensable party.

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 4. Nominal Party/Pro Forma 5. Quasi-parties
 They are included because the rule says so  Never appear/ testify in court
 Not a party but merely included  Names are not mentioned in the complaint
 e.g. judges, husband, parents of minor  They are still benefitted by the decision of the court.
NOTE: Qualifications of a Class Suit
Illustration: a. There must be a Common/general interest
X vs. A b. Parties are so numerous, it will be impracticable to bring them all to
Petitioner Respondent court.

When an order in this case is issued with grave abuse of discretion in favor of the Illustrations:
petitioner, a petition for certiorari under Rule 65 may be filed by the respondent i. LMNOP & those similarly situated in a class suit
before the Supreme Court. vs.
PIGS
A vs. Honorable Judge
Petitioner Respondent/
Pro-forma Party
“Those similarly situated…” are the quasi-parties who benefit from the decisions
against the Pigs.

ii. Landowner goes out of the country. Several houses were built on his
house upon his return. He filed a suit
X is still the indispensable party
 X must comment to the petition since he’s the one who benefits from the Landowner
order of the judge. vs.
 Judge will not file his comment to the petition A,B,C& those similarly situated in a class suit

Another illustration: Q: Can the group of squatters/informal settlers be considered as a class suit?
A married woman must be assisted by the husband (who becomes a pro forma A: No, because there is no General/Common interest and because each is only
party) interested in their own particular area.
 Not a class suit
MW assisted by loving husband  No common/general interest
vs.  One party is only interested in the portion of the land where his house
MW assisted by loving husband stands.
 They all have to be included.
Q: When can married wife sue and sue alone?
A: Exception to the Rule: iii. LMNOP and other similarly situated in class suit
a. Legally separated vs.
b. Separation de facto (for more than 1 year) PIGS
c. Concerns her own profession
d. Concerns her paraphernal property One of the parties wants damages to pay for his medical bills due to the disease
he acquired because of the pigs. He cannot be included in the class suit anymore
NOTE: In case of minors, the party in behalf of minor is the Indispensable party. because he has no similar interest with the rest of the parties in the class suit.

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Civil Procedure Notes S.Y. 2016-2017
 DEATH OF A PARTY
Actions that do not Survive Death
Duties of a lawyer:  Purely personal actions (vs. a real action which involves real property)
1. Duty to inform the court 30 days from death or notice of death
2. Give names and addresses of the legal representatives to the Court. 1. Support
 Court issues an order of substitution (on actions that survive) 2. Annulment of marriage
-legal representatives will take over 3. Legal Separation

Actions that survive death of a party NOTE:

1. Those involving real property/personal property 1. Real Properties included – Real Action
 The action will still survive because the court has jurisdiction over the 2. Purely Personal vs Personal action is different.
res/property
COMPLAINT
2. Sum of money  Initiatory pleading filed by the plaintiff
 If the case isongoing already (meaning the case is already filed before the  Contains cause/s of action
court), the action will survive.
Elements of a cause of action:
 Before final judgment 1. A right of the plaintiff
 Defendant will be substituted by heirs 2. Defendant has the obligation to observe that right
 After final judgment 3. Defendant violates that right
 Proper action: File the copy of the final judgment to the probate 4. Causing damages to the plaintiff
court.
 Effect: You will become a preferred creditor. Rule 16, Sec 1 (grounds) Formal
Rule 2: LACK OF CAUSE OF ACTION
 If before filing
Illustration:
 Defendant's Death before filing Agent v. Buyer
 Action will not survive
 Remedy: File it as a claim before the estate in the probate court Motion to dismiss must be granted on ground of lack of cause of action
 Effect: You will become an ordinary creditor  Agent has no right to go against the buyer because it is the owner who
has the right to collect from the buyer. Thus, the first element of a cause
 Plaintiff’s Death before filing of action is absent
 Action can still prosper. But if ground averred is lack of legal personality, do not dismiss the case. There is
 Plaintiff will be substituted by the heirs. only a need to amend the complaint and replace the owner as the plaintiff instead
of the Agent.
3. Damages
 Plaintiff dies NOTE:
 Action goes on. 1. Under Rule 2 , Lack of cause of action, is different from Failure to state
 Legal representative will take over. cause of action.
2. Lack of cause of action is more intrinsic in nature while,
 Defendant dies before and even duringpendency of the case Failure to state cause of action is more on form and substance (extrinsic).
 Action goes on.
 Defendant would be the heirs/executor of estate of the decedent

 Damages must be proven. It can only be filed in an ordinary court

 Probate court can only determinetestamentary succession, not to prove
damages.
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 Joinder of Actions
RULES ON CAUSE OF ACTION 2 or more COA: 1 CA
1 Cause of Action: 1 Civil Action
Illustration: P vs. D
P wants to collect 300,000 from D
P v. D (Recovery of Personal Property) 1st action P wants to recover his horse worth 100,000 from D
P finds out that D is renting out the car.
P files another case for damages (2nd action) First COA: sum of money
Second COA: recovery of personal property
The two actions are based on the same right: The right of the plaintiff to the car,
including the right to its fruits.  Joinder is not mandatory and only permissive
Q: Will 2nd case prosper?
A: No because: Limitations in a joiner of action
 1 Cause of Action: 2 or more Civil Actions 1. Jurisdiction over subject matter
 not allowed  Pertains only to the MTC
 constitutes splitting of a single COA  Both actions must be within the jurisdiction of MTC
 Yet, splitting of a single COA is NOT a ground for a  If one is RTC, you cannot join
motion to dismiss (RULE 16)
 In RTC, you can join 2 causes of action even if one is within jurisdiction
 So the ground to dismiss the action is res judicata (final judgment) or of MTC as long as 1 COA is within RTC jurisdiction
lispendens
* IF PENDING – Dismiss on Lis pendens 2. Venue
* IF CASE DECIDED – Dismiss on Res Judicata  Answers the question “Where court?”
 Location of court
Q: Why is splitting of a single COA not allowed?
A: Cases will not end if several actions can be filed based on a single right. Action involving real property
 Venue: where the property is located
Q:What should the plaintiff do?
A: Include the claim of damages in the first case. Action involving personal property
 Venue: Plaintiff has a choice
Illustration:  P's residence or D's residence
 If there are many defendants, either of the defendants
Defendant filed a claim for value of improvements in the personal property of the
plaintiff
D v. P Illustration
Land is located in Baguio- value if 5k
Q: Can this action be dismissible?  Jurisdiction is within MTCC Baguio
A:Yes, on the ground of Res Judicata
 Case has already been settled in the action (P vs. D)
Q: What should have D filed?
A: Proper Remedy of the Defendant: He should have included this claim in his
counterclaim

Q: Compulsory counterclaim?
A: Arises from same subject matter of complaint.

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  Venue: (Damages only)
Real actions  Office of the government employee
1. Recovery of possession  Place of publication of the paper
2. Recovery of ownership
3. Foreclosure of Real Estate Mortgage Q: What if the property is located in the boundary between two places?
A: Venue is where the property is declared for tax purposes
Personal actions
1. Sum of money 3. Non-joinder of an ordinary civil action and a special civil action
2. Damages
3. Specific performance Illustration
4. Recovery of personal property Damages and Unlawful Detainer
Others P v. D

Q: How is venue a limitation? Rent: 200k

Water: 100k
Illustration Electricity: 150k 450K
1st COA: Recovery of real property: worth 5k Telephone: 200k
2ndCOA: Sum of money: worth 200k
Unlawful Detainer
P v. D  Only includes rent plus reasonable atty's fees
Resides on LT BenguetResides on San Fernando La Union  Jurisdiction is on MTC Baguio

Q: Can the plaintiff join the actions? Damages

A: YES  Water, electricity, telephone
 Total amount is 450k: within RTC jurisdiction
Q: Where?
A: Baguio City Hence, these two actions must be filed separately on separate courts.
 One of the actions involve a real property located in Baguio City These causes of action must not be joined together.
 Venue is MTCC Baguio
If the amounts are the following:
Q: What if the sum of money is worth 500k? Water: 50k
A: Venue is in RTC Baguio (500k is within RTC’s jurisdiction) Electricity: 50k
Telephone: 50k
Q: Can parties stipulate venue? ---------
A: Yes 150k MTC will have jurisdiction

Q: When is it controlling? In this case, both actions will be under jurisdiction of MTC so there will be
A: Under the following instances: misjoinder. However, misjoinder of these actions is prohibited (one action being
i. When agreement is done before any action is filed an ordinary CA, the other being a special CA).
ii. When the parties made it mandatory to follow the stipulated venue  Remedy is to uncouple the cases so that they will not be dismissed.
 Mandatory terms: “should” “must”  There will be two separate actions but they will both be heard by the
 This does not apply to contracts of adhesion MTC.

Ground for dismissal of the action if a case is filed before a wrong venue: improper When there is Misjoinder of action, the case will be dismissed because of lack of
venue jurisdiction.

Damages based on a libel case involving a Government Employee  Petition for certiorari, Rule 65 is a Special Civil Action
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4. Totality Rule If the total sum of the claim for money is 300k: jurisdiction is on the MTC
 Applies only for sum of money/damages and those involving money If the total sum of the claim for money is 400k: jurisdiction is on the RTC
claims.
 Proper Joinder of Parties Illustration:
P Storeowner has claims against X, Y and Z
Illustration
A,B,C and D are passengers who were victims of an accident X- 100k (Based on a loan)
Y- 200k (Based on commission)
A: 100K v Vehicle Owner Z- 300k (Based on consignment)
B: 100K v Vehicle Owner
C: 50Kv Vehicle Owner Q: Can there be joinder of X, Y and Z as parties?
D: 50K v Vehicle Owner A: No. There is no common question of fact.
 Obligations are from separate transactions
A, B, C and D may file separate actions, which will all go before the MTC

They can also join their actions into one

A, B, C, D v. Vehicle Owner

 For there to be a proper joinder of parties, the question that must be

asked is this:
Is there common question of fact and law?

 Questions of Fact
 Are they all passengers?
 Did they all pay the fares?
 Are they in the same van?
 With the same driver?

 Questions of Law
 Is there negligence?
 Was there application of Articles 2176 and 2180 of the Civil
Code?

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