CivPro Codal MemList

Rule 1 – General Provisions

1. Cases Governed
2. Kinds of Actions
3. Civil Actions
4. Kinds of Civil Actions
5. Criminal Actions
6. Special Proceeding – SRF “SaraFara”
7. Not Applicable – iCLONE, AS-PC “i-Clone ASPAC”
8. Commencement – (2)
9. Construction – JSI DEAP

Civil Actions – Ordinary Civil Actions

Rule 2 – Cause of Action

1. Basis of Ordinary Civil Action

2. Cause of Action
3. Can a party institute several suits on a single cause of action?
4. Can a party institute a suit with several causes of action?
5. Effect of Splitting
6. Joinder
7. Conditions of Joinder – RSOT
8. Misjoinder, Not Effect and Effect
9. Who initiates misjoinder

Rule 3 – Parties to Civil Action

1. Who may be parties

2. Plaintiff
3. Defendant
4. Real Party in Interest
5. Name of RPI
6. Who can be representatives – GATE
7. When action is allowed to be represented (2)
8. Agent with Undisclosed Principal
9. Spouses as Parties
10. Minors or Incompetent persons – FMGG
11. Requisites of Permissive Joinder
12. Indispensible Parties – RPI NFD
13. Compulsory Joinder
14. Necessary Party
15. Non-Joinder of Necessary Parties – PCFN “PaCman FaN”
16. Unwilling Co-Plaintiff
17. Misjoinder and Non-Joinder, Not Effect and Effect
18. Class Suit Requisites – CIP “SyCIP”
19. Party in Interest
20. Alternative Defendants
21. Unknown Defendants – HODO
 22. Discovery of Identity of Unknown Defendant
23. Entity without Juridical Personality as Defendant, Name
24. Entity without Juridical Personality as Defendant, Answer
25. Death of Party, Not Effect and Duty of Counsel
26. Death of Party, Heirs
27. Death of Party, Court Order
28. Death of Party, No Legal Rep or Fail to Appear
29. Public Officer, Causes of Separation – DRC
30. Public Officer, Continuance of Action
31. Public Officer, Requirements before Substitution
32. Incompetency/Incapacity during Pendency, Requirements to Continue – MNA
33. Transfer of Interest, GR, EX
34. Action on Contractual Money Claims and Defendant Dies, Effect
35. Indigent as a Matter of Right
36. Indigent as a Matter of Discretion – FSB->HF
37. Benefits of Indigent – F(DFL) TSN
38. Notice to Solicitor General

Rule 4 – Venue of Actions

1. Real Actions
2. Forcible Entry and Detainer
3. Personal Actions
4. Non-Residents Not Found, When it Applies
5. Non-Residents Not Found, How Commenced
6. Rules on Venue not Applicable (2)

Rule 5 – Uniform Procedure in Trial Courts

1. Difference between MTC and RTC Procedure
2. Meaning of MTC

Rule 6 – Kinds of Pleadings

1. Pleadings
2. Pleadings Allowed, Claims
3. Pleadings Allowed, Defenses
4. Pleadings Allowed, Response to Defense
5. Complaint, Definition
6. Complaint, Contents
7. Answer
8. Defenses, Kinds
9. Negative Defense
10. Affirmative Defense
11. Affirmative Defense, Examples – PD FRIES
12. Counterclaim
13. Compulsory Counterclaim, Definition – CATx
14. Compulsory Counterclaim, Jurisdiction
15. Cross-Claim - CAS
16. Counter-counterclaims
17. Counter-cross-claim
18. Reply, Office or Function
19. Reply, No Reply, Effect
20. Reply, Plaintiff wants to Interpose Claims – ASC
 21. Third-Party Complaint, Definition
22. Third-Party Complaint, How Made
23. Bringing New Parties
24. Answer to Third-Party Complaint

Rule 7 – Parts of a Pleading

1. Caption – NTD
2. Title
3. Title, All or Some?
4. Title, Indications
5. Body – DARD
6. Paragraphs, how formatted
7. Headings, Causes of action, Answers thereto
8. Relief (2)
9. Signature, who?
10. Signature, includes, but not
11. Signature of Counsel – RB(GI)
12. Unsigned Pleading, Effect, EX (2)
13. Signature, Counsel’s Disciplinary Function – CSUV “Si SUV”
14. Verification, Who verifies
15. Verification, When needed
16. Verification, How verified – AAA
17. Required to be Verified, but Treated as Unsigned Pleading – IKL
18. Certification Against Forum Shopping, When needed
19. Certification Against Forum Shopping, How
20. Ways of Committing Forum Shopping
21. Certification Against Forum Shopping, Substance – NIL
22. Certification Against Forum Shopping, Failure to File
23. Certification Against Forum Shopping, Failure to File, Who initiates
24. Certification Against Forum Shopping, Non-Compliance (False or Failed to Comply)
25. Certification Against Forum Shopping, Deliberate Forum Shopping

Rule 8 – Manner of Making Allegations in Pleadings

1. In General, Statement & Facts
2. In General, Defense based on Law
3. Alternative Causes of Action or Defenses
4. Alternative Causes of Action or Defenses, Insufficiency of One
5. Conditions Precedent, Kind of Averment
6. Capacity, Who – PAR
7. How to Assail Capacity
8. Vitiation, Particular – FM
9. Vitiation, General – MICK
10. Judgment, Sufficient and No Need
11. Action or Defense based on Documents, Annexing - SOC
12. Action or Defense based on Documents, Failure to Contest
13. Action or Defense based on Documents, How Contested – SOS, EX: NR
14. Official Document or Act
15. Specific Denial, Which Allegations
16. Specific Denial, Partial
17. Specific Denial, Insufficient Knowledge
18. Allegations not Specifically Denied, Except
 19. Striking Out, Who initiates
20. Striking Out, When Motioned
21. Striking Out, Matters Removed – FRIS

Rule 9 – Effect of Failure to Plead

1. Deemed Waived - DA
2. Not Deemed Waived – JP RL “JP RizaL”
3. Barred – CC
4. Default, How it Happens
5. Default, Court Choices (2)
6. Default, Reception of Evidence
7. Order of Default, Effect
8. Remedies of Defendant in Default – b4J, b4FE, AFE, GADELEJ
9. Default, Motion to Set Aside Order of Default, Requisites – O FAME M
10. Default, Partial Default
11. Default, Extent of Relief to be Awarded, Amount Claimed and Unliquidated Damages
12. Default, No Defaults Allowed (4)

Rule 10 – Amended and Supplemental Pleadings

1. Amendments
2. Amendment as a Matter of Right, Generally
3. Amendment as a Matter of Right, Reply
4. Amendments with Leave of Court, When Refused
5. Amendments with Leave of Court, How Made – MNH
6. Formal Amendments – D(P) C(CT)
7. Formal Amendments, When Made and Qualifier
8. Issues not raised but consented in trial, Kinds of Consent, and Treatment
9. Issues not raised but consented in trial, How Amended, Failure to Amend
10. Issues not raised but consented in trial, continuance, objection of evidence
11. Supplemental Pleadings
12. Supplemental Pleadings, How Made – MNC
13. Filing of Amended Pleadings
14. Effect of Amended Pleadings – SAW

Rule 11 – When to File Responsive Pleadings (Table in Tiu)

Rule 12 – Bill of Particulars

1. Purpose
2. Contents
3. Action by the Court
4. Compliance Period
5. Compliance Form
6. Non-Compliance (3)
7. Period to File Responsive Pleading
8. Part of Pleading

Rule 13 – Filing and Service of Pleadings, Judgments and Other Papers

1. Coverage – FS (PP), EX
2. Filing
3. Service
4. Service, if Party with Counsel, GR and EX
 5. One Counsel for Several Parties
6. Modes of Filing – PR
7. Personal Filing
8. Filing by Registered Mail
9. Modes of Service – PMS
10. Papers Required to be Filed and Served – PROJ WANDOS
11. Personal Service – POR
12. Service by Registered Mail – DCPO
13. Service by Ordinary Mail, When
14. Substituted Service, When
15. Substituted Service, To Whom
16. Substituted Service, How
17. Service of Judgments, Final Orders, Resolutions, How, How Not
18. Complete, Personal Service
19. Complete, Registered Mail A/5
20. Complete, Ordinary Mail 10/O
21. Priority Mode of Service and Filing
22. Priority, Fail to Personal Service or File
23. Priority, Fail to Explain
24. Proof of Filing, Generally
25. Proof of Filing, No Record, Personal
26. Proof of Filing, No Record, Registered Mail (RA)
27. Proof of Service, Personal – DRG
28. Proof of Service, Ordinary Mail
29. Proof of Service, Registered Mail
30. Notice of Lis Pendens, When Applicable
31. Notice of Lis Pendens, How Done
32. Notice of Lis Pendens, Contents –NOD
33. Notice of Lis Pendens, Constructive Notice, Effect
34. Notice of Lis Pendens, Cancellation
35. Notice of Lis Pendens, How Cancelled – MN

Rule 14 - Summons