CIVIL PROCEDURE - TS SALVADOR LECTURES 2021

JUNE 11 - Salvador (0606 Lecture, part3a)

Rule 3 - CAUSE OF ACTION, Definition, Elements.

* FAILURE TO STATE A CAUSE OF ACTION. The pleading asserting a claim states no cause of action.
Meaning: looking at the material allegations of the complaint, the court cannot render a judgment.

Example: Plaintiff claiming a right based on a contract, but he is not a privy to such contract. Here, P has
no right or claim based on the cotract, D has no obligation to respect a right or claim of P; there was no
violation of a right because there was none in the first place. The pleading of P asserting his right against
D states no cause of action. The court cannot make a judgment based on such pleading.

Summary or Preliminary Hearing/Determination of the case (?) The court has 30 days to ascertain
whether or not there is FAILURE TO STATE A CAUSE OF ACTION.

SUFFICIENCY OF A CAUSE OF ACTION, if based on the material allegations in the complaint the
court can reder a judgment.

vs

* LACK OR ABSENCE OF CAUSE OF ACTION. pertains to lack or insufficiency of EVIDENCE; becomes

apparent only after presentation of evidence (by the plaintiff or the defendant). After the presentation
of evidence, if it is apparent that there exist no cause of action, party may file a DEMURRER TO
EVIDENCE.

Lack or absence of a cause of action is NOT AN AFFIRMATIVE DEFENSE, NOR IS IT A GROUND FOR A
MOTION TO DISMISS.

- Rule 10 on Amendment with leave of court. A cause of action which has not yet accrued cannot be
cured by an Amendment or a supplemental Pleading alleging the existence or accrual of a cause of
action.

- SPLITTING OF CAUSE OF ACTION. Actually Res Judicata or Litis Pendencia, now a ground for MTD.
FORUM SHOPPING.

ELEMENTS OF LITIS PENDENCIA AND RES JUDICATA.

- JOINDER OF CAUSES OF ACTION R2,S5

and

- JOINDER OF PARTIES R3,S6 [vs Class Suit Sec12 - commonality of interest]

=there must be a COMMON Fact, of Parties, of Reliefs. The TOTALITY RULE. to RTC if VENUE lies therein.

- MISJOINDER OF CAUSES OF ACTION R2S6, not a ground for dismissal; may be dropped by the court.

RULE 3 - REAL PARTY IN INTEREST. LOCUS STANDI. The person will sustain direct, personal injury (Direct
Injury Test). Or in cases of trascendental importance (Far-reaching Implications).

Sec2. Every action must be prosecuted and defended in the name of the real party in interest. Failure to
implead a real party in interest <results to> a failure to state a cause of action (the pleading aserting a
claim states no cause of action), an affirmative defense.

- LEGAL CAPACITY. REPRESENTATIVE for Minors, Incompetents, Suffering a penalty of civil interdiction.
Spouses, sue or sued jointly (R14, Served SEPARATELY of summons).

JUNE 8 Lecture: JURISDICTION

- If jurisdictional facts as to the nature of the complaint or the

value of the property subject of the complaint, or the amount of the claim

were not stated in the complaint, whether in the body thereof or i the prayer,

the court may look into the attachments in the complaint

to ascertain certain jurisdictional matters.

- PAYMENT OF FILING FEE IS JURISDICTIONAL SUCH THAT NON-COMPLIANCE THEREOF

SHALL NOT CONFER JURISDICTION OVER THE CASE TO THE COURT.

HENCE, ITS JUDGMENT ON THE CASE SHALL BE VOID.

HENCE, THE COURT DID NOT ACQUIRE JURISDICTION OVER THE SUBJECT MATTER OF THE CASE

AND IS A GROUND FOR THE DISMISSAL THEREOF.

JURISDICTION OVER THE DEFENDANT

1. PROPER SERVICE OF SUMMONS

2. VOLUNTARY APPEARANCE, Section 20 Rule - including the filing of a

prohibited motion to dismiss based on an improper ground. Effect of filing a Motion to Dismiss based on
improper ground is that the reglementary period to file an ANswer is not interrupted.

The plaintiff move to declare the defendant in default.

- JURISDICTION BY ESTOPPEL. Tijam vs Sibunghanoy. Although as a rule the issue of jurisdiction may be
raised at anytime even in appeal,

a party may be estopped to question the court's jurisdiction if such party actively participated in the
proceedings

then subsequently raising the defense of the court's lack of subject matter jurisdiction after an
unfavorable judgment against the party.

- PRIMARY JURISDICTION in relation to EXHAUSTION OF ADMINISTRATIVE REMEDIES

The primary jurisdiction to revoke a CLOA is with the DAR and not the RTC.

MATIAS vs REPUBLIC 2018. In petition for Declaration of Presumptive Death, RTC has no jurisdiction.

RTC had no jurisdiction over appeals from an action insituted before the PDIC, a quasi-judicial body. The
PDIC charter as well as the Rules provide that notwithstanding the concurrent jurisdiction of both
courts, the appeal must be filed directly with the CA.

RTC erred in dismissing the case by reason of lack of jurisdiction over the case, saying that the NCIP has
primary jurisdiction over the dispute involving an ancestral land. Here, the suit does not involve a
dispute between or among Indigenous people but one between IP and aprivate entity.

- A petition for a Writ of Kalikasan vs a Citizen Suit: where filed, Petition and Return.

- REAL or PERSONAL ACTIONS --- refers to VENUE.

- ACTIONS IN REM, QUASI IN REM, or ACTION IN PERSONAM--- refers to JURISDICTION, ie EFFECTS OF

JUDGMENT as to parties to the action or (3rd)Persons, in general. Note: the difference between in rem
and quasi in rem action is that in the latter there is a designated defendant. In both actions, the
judgment is binding to the whole world.

[An Ejectment case is a REAL ACTION and an ACTION IN PERSONAM because it involves a real property
but the judgment to such cases is binding only to the parties in the case.]

[Fareastbank vs shepard: Annulment of REM, where plaintiff contests execution of the mortgage and no
issue of possession involved, is a PERSONAL ACTION. Venue is residence of parties, at the election of
plaintiff. Jurisdiction: RTC, incapable of pecuniary estimation.]
JURISDICTION OVER THE PLAINTIFF

- Jurisdiction over the Plaintiff: Filing of the petition and payment of filing fees.

Insufficiency of the paid filing fee but plaintiff relied in good faith

on the assessment made by the clerk of court, the requirement of payment

of filing fee is deemed complied with, thus court has acquired jurisdiction.

Deficiency of the filing fee must be paid after the court has made

subsequent assessment. Payment of the defieciency must be within the

reglementary period. Deficiency in the payment of filing fee does not

automatically result to the dismissal of the action since there was no fraud.

- Payment of filing fees in counterclaims: COMPULSORY CC - NO., PERMISSIVE Counterclaim - Yes.

- LIEN on the judgment award.

- If the action is purely for the recovery of damages, jurisdiction

is determined by the amount of the damages being claimed.

----->INCAPABLE OF PRECUNIARY ESTIMATION

--> in relation to JURISDICTION

--> in relation to FILING FEES.

CASE: Action for Annulment of deed of sale, is actually one involving title to, possession of real property,
or any interest therein, that is Recovery of the real property subject of the deed of sale

Filing fee shall be based on the fair market value of the property or the zonal value, whichever is higher;
or in the absence of a tax declaration, the amount of the property alleged in the complaint.

The plaintiff must pay the assessed filing fee based on the value of the property and not the fixed
amount of filing fee for actions which are incapable of pecuniary estimation.

Differentiate this from a case involving the determination of whether there was indeed a (oral) contract
between the architect and the developer on the transfer of certain condominium units
on the condition that the former remain to be employed by the latter. Here, the transfer of the
condominium, or the issue involving title to a real property is merely incidental.

This action, therefore, is one which is incapable of pecuniary estimation. The value of the property does
not determine the jurisdiction of the court or the amount of the filing fee.

Rule 141, sec 19. INDIGENT LITIGANT is one whose income does not exceed

double the amount of the monthly minimum wage and does not own

real property with a fair market value exceeding 300,000 pesos.

Indigent Litigant under Rule3,Sec21. subject to the discretion of the court.

Under this provision, if by opposition of a party, it is shown that the indigent litigant

is not entitled to the deferment of the payment of the filing fees,

the court will order them to pay the filing fee. If they refuse to pay,

the court may issue a writ of execution, even before judgment.

Should the party again refuse to pay, the case may be dismissed based

on RUle 17, Section3 for failure to prosecute by the fault of the plaintiff.

- If jurisdictional facts as to the nature of the complaint or the

value of the property subject of the complaint, or the amount of the claim

were not stated in the complaint, whether in the body thereof or i the prayer,

the court may look into the attachments in the complaint

to ascertain certain jurisdictional matters.