CIVIL PROCEDURE 1.3.

Effect of lack of jurisdiction over the subject matter -

Jurisdiction over the subject matter is conferred by
law, and any judgement with out it is void and cannot
Preliminaries be given any effect. (Magno v. People)

Jurisdiction - is the power and authority of the court to hear, Note: The rule applies even if the issue on jurisdiction
try and decide a case. It is also an authority to execute the was raised for the first time on appeal even after final
decisions rendered by the court. (San Beda 2017) judgement.

Test of Jurisdiction - Whether the court has the power to 1.4. Jurisdiction over the subject matter cannot be
enter into the inquiry, and not whether the decision is right or conferred by:
wrong. (San Beda 2017) General Rule
• Court’s unilateral assumption of jurisdiction
Concepts of Jurisdiction: • Agreement or consent as acquiescence by all
parties or by the court.
1. Over the Subject Matter
1.1. Law - Subject matter refers to the the item with Exception:
respect to which the controversy has arisen, or
concerning the wrong has been done and it is
ordinarily the right, the thing, or the contract under
dispute (De la Rama v. Mendioloa, 401 SCRA 704)

1.2. How is it conferred - Jurisdiction over the subject

matter is conferred by law. (Go v. Distinction Properties
& Construction, Inc.)

Midterm Notes: Civil Procedure || Page 1 of 26

 Both are governed by the rules for ordinary civil

RULE 1: GENERAL PROVISIONS actions, subject to the specific rules prescribed for a
special civil action
SECTION 1. TITLE OF THE RULES
2. Criminal actions - One by which the State
These Rule shall be known and cited as the Rules of Court. prosecutes a person for an act or omission
punishable by law.
Nature: The rules embodied in the Rules of Court are not
laws in the strict sense of the word since they did not emanate 3. Special Proceedings - A remedy by which a party
from legislature, but since they were promulgated under seeks to establish a status, a right, or a particular
authority of law, such rules have the force and effect of laws fact.
(Alvero v. De la Rosa, 76 Phil 428)
SECTION 4. IN WHAT CASES NOT APPLICABLE
SECTION 2. IN WHAT COURTS APPLICABLE
General Rule:
These rules shall apply in all courts, except as otherwise These Rules shall not apply to (NICOLE):
provided by the Supreme Court. • Naturalization cases
• Insolvency proceedings
SECTION 3. CASES GOVERNED (important) • Cadastral cases
• Other cases not herein provided
These rules shall govern the procedure to be observed in: • Land registration; and
• Election cases
1. Civil actions (ordinary/ special) - One by which a
party sues another for the enforcement or protection Exception:
of a right or the prevention of redress of a wrong. The Rules may apply to the above cases by (a) analogy; or
(b) in a suppletory character and whenever practicable and
A civil action may either be: convenient.
• Ordinary; or
• Special

Midterm Notes: Civil Procedure || Page 2 of 26

 SECTION 5. COMMENCEMENT OF ACTION Every ordinary civil action must be based on a cause of
action.
A civil action is commenced by: Note: Provision clearly makes reference only to an ordinary
1) Filing of the original complaint in court; and civil action and not to a special civil action.
2) Payment of prescribed docket fees.
SECTION 2. DEFINITION (memorize
Significance:
1) Computation of period of prescription Cause of action - is the act or omission by which a party
2) Running of the period of prescription is barred violates the right of another.

Note: A complaint is an initiatory pleading because it is the Elements: (LOA)

first step in filing a case in court. (Quinit 2021) • Legal right of the plaintiff
• Obligation for the defendant to respect such right
SECTION 6. CONSTRUCTION • An act or omission of the defendant in violation of the
said legal right. (Important element)
General Rule:
Rules of procedure are not to be applied in a very strict and Test of sufficiency - Is whether or not admitting the facts
technical sense. alleged, the court could render a valid judgement verdict in
accordance with the prayer of the complaint (Misamis
Exception: Occidental II Cooperative, Inc. v. David, GR 129928, Aug. 25, 2005
• Service of summons
• Reglementary periods How to determine whether a complaint states a cause of
• Rule on forum shopping action - By its averments in the complaint regarding the acts
• Payment of docket fees committed by the defendant.

Note: Annexed to a complaint are deemed a part thereof, and

RULE 2: CAUSE OF ACTION
should be considered together with the complaint.

SECTION 1. BASIS

Midterm Notes: Civil Procedure || Page 3 of 26

 Remedy of the defendant if the complaint states no cause
of action - Defendant shall file his answer and raise the
ground as an affirmative defense
SECTION 3. ONE SUIT FOR A SINGLE CAUSE OF ACTION
General Rule:
A contract embraces only one cause of action even if it
contains several stipulation.
Exception:
A contract to doe several things at several times is divisible,
and judgement for a single breach of continuing contracts is
not a bar to a suit for a subsequent breach (e.g promissory
note payable in several installments so long as there is not
acceleration clause) (Blossom & Co., Inc v. Manila Gas, GR No.
L-32958, November 3, 1930)
Exception to the exception:
All obligation which have mature at the time of the suit
must be integrated as one cause of action in one
complaint, and those not so included shall be barred
(Larena v. Villanueva, GR No. L-29155, Nov. 5, 1928
Doctrine of Anticipatory Breach - An unqualified and
positive refusal to perform a contract, though the performance
thereof is not yet due, may, if the renunciation goes into the
whole contract, may be treated as a complete breach which
)
will entitle the injured party to bring his action at once.
(Blossom & Co.
SECTION 4. SPLITTING A SINGLE CAUSE OF ACTION
Splitting a cause of action - is the act of dividing a single
cause of action, claim or demand into two to more parts
bringing suit for one of such parts only, intending to reserve
the rest for another separate action.
Nature - Splitting a cause of action is a mode of forum
shopping by filing multiple cases based on the same cause of
action but with different prayers.
Three test to ascertain whether two or more suites relate
to a single or common cause of action:
• Whether the sam evidence would support and
sustain both the 1st and 2nd causes of action. (same
evidence test
• Whether the defenses in one case may be used to
substantiate the complaint in the other; or
• Whether the cause of action in the second case
existed at the time of the filing of the first complaint.
Same evidence test - It must be ascertained whether the
same evidence which is necessary to sustain the second
cause of action would have been sufficient to authorize a
recovery in the first.
Midterm Notes: Civil Procedure || Page 4 of 26

 Remedy against splitting of cause of action:
1. Move to dismiss on the grounds of:
1.1. Litis pendencia - If the first action is pending
when the second action is filed.
1.2. Res judicata - If a final judgement had been
rendered in the first action when the second
action is filed.
Two aspects of res judicata
a. Bar by prior judgemen
b. Conclusiveness of judgemen
Requisites
a. Arising from the same cause of
action
b. Involving the same partie
SECTION 5. JOINDER OF CAUSES OF ACTION
Joinder of causes of action - is the assertion of as many
causes of action as a party may have against another in one
pleading alone.
It is the process of uniting 2 or more demands of rights of
action in one action
Joinder shall not include special civil actions governed by
special rules to avoid confusion as there is variance of
procedure between partition (special civil action governed by
Rule 69) and rescission (ordinary rules) unless the issue in the
rescission of the deed of donation is germane to, or
intertwined with the cause of action in the partition as the
properties sought to be partitioned are the subject of the
action. (Lilia Ada, et al., v. Baylon, G.R. No. 182435, August 13,
2012)
Causes of action between the same parties but pertain to
different venues or jurisdictions, joinder may be allowed in the
RTC provided one of the causes of action falls within the
jurisdiction of said court and the venue lies therein.
Totality rule - In case of money claims, the aggregate amount
claimed shall be the test of jurisdiction
SECTION 6. MISJOINDER OF CASUES OF ACTION
Effect in case of misjoinder of causes of action.
1. It is not a ground for dismissal of an action
2. It may on motion of a party or on the initiative of the
court, be severed and proceeded with separately.
RULE 3: PARTIES TO CIVIL ACTION
SECTION 1. WHO MAY BE PARTIES
Midterm Notes: Civil Procedure || Page 5 of 26

 Plaintiff - is the original claiming party and is the one who files
the one who files the complaint. It may also apply to a defendant
who ies a counterclaim, a cross-claim, or a third party complaint
Defendant - Refers to the original defending party. It also
refers to the defendant in a counter-claim, the cross-defendant, or
the third party defendant.
The following are the parties in a civil action:
1. Natural persons
2. Juridical persons
3. Entities authorized by law may be parties in a civil
action.
Effect when a party impleaded is not authorized to be a
party:
1. Plaintiff - a motion to dismiss may be filed on the
ground that the plaintiff has no legal capacity to sue.
2. Defendant - may be dismissed on the ground that
the pleading states no cause of action or failure to
state a cause of action
SECTION 2. PARTIES IN INTEREST
Real Party-in-interest - is the party who stands to be
benefited or injured by the judgement in the suit, or the party
entitles to the avails of the suit.
fl
Classifications of parties in interest:
1. Indispensable parties - Those without whom now
final determination can be had of an action.
Must be joined as their inclusion is a condition sine
qua non for the exercise of judicial power. Outright
dismissal is not the remedy but shall order that they
be impleaded. Only if there is non-compliance that
the case shall be dismissed.
2. Necessary parties - Those who are not
indispensable but ought to be joined as parties if
complete relief is to be accorded as to those already
parties, or for a complete determination or settlement
of the claim subject of the action
3. Representative parties - May be a trustee of an
express trust, a guardian, an execution or
administrator. Or a party authorized by law or by the
Rules.
4. Pro forma parties - Those who are required to be
joined as co-parties in, suites by or against another
party as may be provided by the applicable
substantive law or procedural rule.
5. Quasi-parties. - Those in whose behalf a class on
representative suit is brought.
Midterm Notes: Civil Procedure || Page 6 of 26

 SECTION 3. REPRESENTATIVE AS PARTIES
Representative party - Where the action is allowed to be
prosecuted or defended by a representative or someone
acting in fiduciary capacity, the beneficiary shall be included in
in the title of the case and shall be deemed to be the real
party-in-interest.
Who may act as a representative party:
1. A trustee of an express trust
2. Guardian
3. Executor or administrator
4. A party authorized by law or these Rules.
5. An agent acting in his own name and for the benefit
of an undisclosed principal may sue or be sued
without joining the principal except when the contract
involves things belonging to the principal.
SECTION 4. SPOUSES AS PARTIES
General Rule:
Husband and wife shall sue or be sued jointly
Exception:
1. A spouse without just cause abandons the other or
fails to comply with respect to the marital, parental or
property relations (Family Code, Art. 101 & 108)
2. A spouse mortgages, encumbers, alienates or
otherwise disposes of his or her exclusive property
(Family Code, Art. 111
3. The regime of separation of property governs the
property relations of the spouses (Family Code, Art.
145)
SECTION 5. MINOR OR INCOMPETENT
A minor or a person alleged to be incompetent, may sue or be
sued with the assistance of the following representatives:
• His father
• Mother
• Guardian
• If he has non, a guardian ad lite
Note: It is sufficient that his incompetency be alleged in the
corresponding pleadings and the trial court may pass upon
the truth and effects that the incompetent must haven been
judicially declared as such.
SECTION 6. PERMISSIVE JOINDER OF PARTIES
Rule on Permissive Joinder of Parties - They can be joined
in one single complaint or may themselves maintain or be
sued in separate suits.
Midterm Notes: Civil Procedure || Page 7 of 26

Note: Normally a joinder of parties is permissive the joinder of
a party becomes compulsory when the one involved is an
indispensable party.
Requisites:
1. The right to relief arises out of the same transaction
or series of transactions;
2. There is a question of law or fact common to all the
plaintiffs or defendants
3. Such joinder is not otherwise proscribed by the
provision of the Rules on jurisdiction and venue.
SECTION 7. COMPULSORY JOINDER OF
INDISPENSABLE PARTIES.
Indispensable parties - are those with such an interest in the
controversy that a final decree would necessarily affect their
rights, so that courts cannot process without their presence.
Joining indispensable parties into an action is mandatory,
being a requirement of due process. Without their presence,
the judgement of the court cannot attain real finality. (Valdez-
Tallorin v. Heirs of Tarona, GR No. 177429, Nov. 24, 2009)
Absence of an indispensable party renders all subsequent
actions of the court null and void for want of authority to act,
not only as to the absent parties but even as those present.
(Bacalo v. Padigos, GR No.173192, Apr 18, 2008)
If the plaintiff refuses to implied and indispensable party
despite order of the court, the court may dismiss the complaint
for failure to comply with the lawful order. (Pampanga
Plantattion Co. v. Tinhghil, GR No. 159121, Feb. 3 2005)
Rules on co-owners as indispensable parties in action to
recover property:
1. Each co-owner is an indispensable party and must be
made defendants in the action. (Valdez-Tallorin)
2. If as suit is brought by any of the co-owners against
third persons, the other co-owners need not be joined
(Navarro v. Escobido, GR No. 153788, Nov. 27, 2009)
SECTION 8. NECESSARY PARTIES
Necessary Party - is one who is not indispensable but who
ought to be joined as a party if complete relief is to be
accorded as to those already parties, or for complete
determination or settlement of the claim subject of the action.
Effect of Justified Non-Inclusion of a Necessary Party:
The non-inclusion of a necessary party does not prevent the
court from proceeding with the action, and the judgement
therein shall be without prejudice to the rights of such
necessary party. (Agro Conglomerate Inc. v. CA, GR No. 117660,
Dec. 18, 2000)
Midterm Notes: Civil Procedure || Page 8 of 26

 SECTION 9. NON-JOINDER OF NECESSARY PARTIES TO 1. may be made a defendant

BE PLEADED 2. The reason therefor shall be stated in the complaint

Duty of a pleader whenever a necessary party is not SECTION 11. MISJOINDER AND NON-JOINDER
joined:
A party is misjoined when he is made a party to the action
1. Set forth the name of the necessary party, if known; although he should not be impleaded.
and
2. State why such party is omitted A party is not joined when he is supposed to be joined but is
not impleaded in the action.
Should the court find the reason for the omission
unmeritorious, it may order the inclusion of the omitted Note: Any claim against a misjoined party may be severed
necessary party if jurisdiction over his person may be and proceeded with separately.
obtained by ordering plaintiff to file and amended complaint
impleading the necessary party therein as co-defendant. General rule:
Neither misjoinder nor non-joinder of parties is a ground for
Note: The failure to comply with the order of the court to dismissal of the action
include a necessary party, without justifiable cause, shall be
deemed a waiver of the claim against such party. Exception:
Failure to comply with the order pf the court for the inclusion of
SECTION 10. UNWILLING CO-PLAINTIFF the indispensable party

Unwilling co-plaintiff - is a party who is supposed to be a Remedy:

plaintiff but whose consent to be joined as a plaintiff cannot be Amend the complaint
obtained as when he refuses to be a party to the action.
SECTION 12. CLASS SUIT
Remedy:
Requisites:
Unwilling co-plaintiff:

Midterm Notes: Civil Procedure || Page 9 of 26

 1. The subject matter of the controversy is one of the
common or general interest to many persons.
2. The parties affected are so numerous that it is
impracticable to bring them all to the court
3. The parties bringing the class suit are sufficiently
numerous or representatives of the class and can
fully protect the interest of all concerned.
Note: The complaint must specifically state the same is being
brought in behalf of others with whom the parties share a
common interest,
A class suit cannot be compromised or dismissed without the
approval of the court.
SECTION 13. ALTERNATIVE DEFENDANTS
Plaintiff is uncertain against who of several person he is
entitled to relief, he may join any call or all of them as
defendants in the alternative, although. Right to relief against
one may be inconsistent with a right of relief against the other.
SECTION 14. UNKOWN IDENTITY OR NAME OF
DEFENDANT
Rule in case the identity or name of the defendant is
unknown in an action:
He may be sued as:
1. Sue as unknown defendant and amend the complaint
once the identity becomes known.
2. Summons by publication with leave of court.
SECTION 15. ENTITY WITHOUT JURIDICAL
PERSONALITY AS DEFENDANT
When two or more persons not organized as an entity with
juridical personality enter into a transaction, they may be sued
under the name by which they are generally or commonly
known.
In the answer of such defendant, the names and addresses of
the persons composing said entity must revealed.
INSTANCES WHEN SUBSTITUTION OF PARTIES IS
PROPER
A) SECTION 16. DEATH OF A PARTY
When the action survives, counsel has to notify the court
within 30 days for substitution purposes.
General Rule:
Proceedings conducted by the trial court after the death of the
defendant and without such substitution, are null and void
(Lawas v. CA. Dec. 12 1986)
Midterm Notes: Civil Procedure || Page 10 of 26

 Exceptions:
Except when the the defendant died while the case was
pending appeal and involved only the review of the evidence
presented with the participation of the deceased. (Florendo, et.
al., v. Coloma et. al., GR No. 60544, May 19, 1984)
Test to determine whether an action survives the death of
a party.
1. In an action that survives - the wrong complained
of affects principally property and property rights, the
injuries to the person being merely incidental while in
the causes of action which do not survive, the injury
complained of is to the person, the property and
rights of property affected being incidental. (Cruz v.
Cruz, 629 SCRA 605
2. In the causes of action which do not survive - the
injury complained of is to the person, the property
and property rights being incidental.
Rules in cases where the action survives the death of party:
a. Contractual money claim
a.1. Plaintiff dies - case will continue and the heirs/
legal representative will substitute.
a.2. Defendant dies:
a.2.1. Before entry of judgement
a.2.2. After entry of final judgement
a.2.3. After levy or execution but before
auction sale
b. Non-contractual money claim
B) SECTION 17. DEATH OR SEPARATION OF A PARTY
WHO IS A PUBLIC OFFICER
The action may be continued and maintained by or against
the successor in the public office if the following requisites are
present.
1. Public officer is a party to an action in his official
capacity;
2. During the pendency of the action, he either dies,
resigns, or otherwise ceases to hold office.
3. It is satisfactorily shown to the court by any party,
within 30 days after the successor takes office, that
there is a substantial need for continuing or
maintaining the auction;
4. That the successor adopt or continue the action of his
predecessor;
5. The party or officer affected has been given
reasonable notice of the application therefor notice of
the application therefor and accorded an opportunity to
be heard.
Midterm Notes: Civil Procedure || Page 11 of 26

 SECTION 18. INCOMPETENCY OR INCAPACITY
In case of supervening incapacity or incompetency of a party,
the action shall continue to be prosecuted by or against him
personally and not through his representatives.
SECTION 19. TRANSFER OF INTEREST
This rule contemplates a situation where the transfers occurs
during the pendent lite.
Where the transfer was effected before the commencement
of the suit, the transferee must necessarily be the defendant
or the plaintiff, but he may file a third-party complaint against
and implead the transferor in the action whenever the same is
necessary and proper for a complete determination of all the
rights of the parties.
General Rule:
Action may proceed without the transferee being impleaded
for the letter is not an indispensable party.
Exception:
When so ordered by the court.
SECTION 20. ACTION ON CONTRACTUAL MONEY
CLAIMS (very important
Two important aspects:
1. The action must primarily be for recovery of money,
debt or interest therein; and
2. The claim arose from a contract, express or implied.
If the defendant dies before entry of judgement, the action
shall be allowed to continue until entry of final judgement. The
said money claim shall be filed in the probate court which is
based upon a final and executory judgement.
Entry of judgement - If no appeal or MR is filed within the
reglementary period, the judgement or final order shall
forthwith be entered by the clerk in the book of entries of
judgement. The date of finality of the judgement or final shall
deemed to be the date of its entry.
Importance:
Reckoning 5-year period for execution by motion, or the 6-
month period for the relief from judgement.
SECTION 21. INDIGENT PARTY]
Indigent - one who has no money or property sufficient and
available for food, shelter and basic necessities for himself
and his family
If one is authorized to litigate as in indigent, such authority
shall include an exemption from the payment of:
1. Docket fees
Midterm Notes: Civil Procedure || Page 12 of 26

 2. Other lawful fees Exception:

3. Transcript of stenographic notes Actions covered by the rules on summary procedure and
small claims cases.
SECTION 22. NOTICE TO THE SOLICITOR
Venue distinguished from jurisdiction
In any action involving the validity of any treaty, law,
ordinance, executive order, presidential decrees, rules or Venue Jurisdiction
regulation, the court, in its discretion, may require the
appearance of the Solicitor General who may be heard in The place where the case is The authority to hear and
person or a representative duly designated by him. to be heard or tried determine a case.
Procedural law Substantive law
RULE 4: VENUE OF ACTIONS Established a relation Establishes a relation
between plaintiff and between, the court and the
defendant subject matter
Venue - is the place or the georgaphical area in which a court
with jurisdiction may hear and determine a case or the place May be conferred by the act Fixed by law and cannot be
where a case is to be tried. or agreement of the parties conferred by the parties.

In civil proceedings, venue is procedural, not jurisdictional,
and may be waived by the defendant if not seasonably raised
either in a motion to dismiss or in the answer.
General Rule:
A court may NOT motu propio dismiss a complaint on the
grounds of improper venue
Note: it is not one of the grounds wherein the court may
dismiss the action motu propio.
SECTION 1. VENUE OR REAL ACTIONS
Actions affecting title to or possession of real property, or
interest therein, shall be commenced and tried in the property
court which has jurisdiction over the area wherein the real
property involved, or a portion thereof, is situated.
1. Involving one real property - in the proper court
(RTC or Lower court depending upon the value of the
property, R.A 7691) and where the real property is
situated.

Midterm Notes: Civil Procedure || Page 13 of 26


2. Involving various parcels of land situated in
different provinces:
2.a. If they are the object of the and the same
transaction, in the RTC or lower court wherein
each parcel of land is situated.
2.b. If they are the subject of separate and distinct
transactions, in the RTC or lower court wherein
each parcel of land is situated.
3. Forcible entry and unlawful detainer - in the lower
court where the real property is situated regardless of
the value of the property.
4. Venue in real action can be stipulated by the parties.
An action is real when it affects title to or possession of real
property, or an interest therein. All other actions are personal.
SECTION 2. VENUE OF PERSONAL ACTIONS
Residence - is the personal, actual or physical habitation or
his actual residence or place of abode whether permanent or
temporary as long as the person resided with continuity and
consistency therein.
Rule on venues in personal actions:
1. Where the plaintiff or any of the principal plaintiffs
resides
2. Where the defendant or any of the principal
defendant resdies
3. In the case of non-resident defendant where he may
be found, at the election of the plaintiff
Where there is more than one defendant or plaintiff, the
residences of the principal parties should determine the
proper venue.
Action in personam against resident defendant - jurisdiction
over the person is necessary for the court to validity try and
decide the case. Acquired by personal service or substituted
service.
Action in rem and quasi in rem against non-resident not
found in the Philippines - Jurisdiction over the person is not
necessary.
Action in personam against a non-resident who does not
voluntarily submit himself to the authority of the court -
Personal service within the state is necessary but possible
only if the defendant is physically present in the country.
Action in personam against a non-resident not found in the
Philippines - Summons by publication will not enable the
court to acquire jurisdiction over the person of the defendant.
Midterm Notes: Civil Procedure || Page 14 of 26

 General Rule:
In action in personam, personal service, substituted service
and voluntary appearance are the only modes to validly
acquire jurisdiction over the person of the defendant.
Summons by publication is an action in personam will not
enable the court to acquire jurisdiction over the person of the
defendant.
Exceptions:
1. Leave of court, if the identity of the defendant is
unknown or his whereabouts is unknown, by
publication in a newspaper of general circulation.
Note: In any type of action
2. Leave of court, if the resident defendant is
temporarily out of the country.
Note: In any action
SECTION 3. VENUE OF ORIGINAL CIVIL ACTIONS
AGAINST NON-RESIDENT
1. Non-resident found in the Philippines
1.1. For personal actions - where the plaintiff resides
1.2. For real actions - where the property is located
2. Non-resident not found in the Philippines - An
action may be filed only when the cause of action
involves:
2.1. Personal status of plaintiff - where plaintiff
resides.
2.2. Any property of said defendant located in the
Philippines - where the property or any portion
thereof is situated or found.
SECTION 4. WHEN RULE NOT APPLICABLE
The rules on venue are not applicable in any of the
following cases:
1. Where a specific rule or law provided otherwise.
2. Where the parties have validly agreed in writing
before the filing of the action on the exclusive venue
thereof.
Requisites:
1. In writing
2. Exclusive as to the venue
3. Made before the filing of the action.
Venue in civil action not being jurisdictional can be the subject
of the agreement by the parties through a valid written
agreement executed before the filing of the action.
The written agreement must employ a categorical and limiting
language that they wish the venue of all actions between them
Midterm Notes: Civil Procedure || Page 15 of 26

 to be laid only and exclusively at a definite place. Their must Exception:

be accompanying language clearly and categorically
expressing their purpose and design that the action between
them be litigated only at the place named by them. Any doubt
or uncertainty as to the parties intention must be resolved
against giving their agreement a restrictive or mandatory
aspect. (Unimasters Conglomeration, Inc. v. CA et al., 267 SCRA
769)
1. Where particular provisions expressly or impliedly applies
to only to either of said courts.
2. In civil cases governed by the Rule of Summary
Procedure.
RULE 6: KINDS OF PLEADINGS

Contract of adhesion SECTION 1. PLEADINGS DEFINED

Can be struck down occasionally as when a dominant
bargaining party left the weaker party without any choice as to
be completely deprived of an opportunity to bargain effectively
(Prieto v. CA, 673 SCRA 371
The supreme court has the power to order change of venue or
place ot trial to avoid miscarriage of justice.
RULE 5: UNIFORM PROCEDURE IN TRIAL
COURTS
SECTION 1. UNIFORM PROCEDURE
General Rule:
The procedure in the MTC shall be the same in the RTC
Pleading - are the written statements of the respective claim
and defenses of the parties submitted to the court for
appropriate judgement.
Note: Pleadings cannot be oral because they are clearly
described as “written” statement
Note: A motion to dismiss is not a pleading. A motion is an
application for relief other than by pleading.
Documents attached to the pleading and made a part thereof
are considered evidence and also part of the pleadings.
Kinds of Pleadings:
1. Initiatory pleading
2. Responsive pleading

Midterm Notes: Civil Procedure || Page 16 of 26

 Test of sufficiency of the facts alleged in the complaint to

Initiatory pleading differentiated from responsive constitute a cause of action - Whether, admitting the facts
pleading alleged, the court could render a valid judgement upon the
same in accordance with the prayer of the petition or
complaint.
Initiatory Responsive
It is a pleading which It is pleading which responds SECTION 4. ANSWER
commences an action to the adverse party’s
containing plaintiff’s cause or pleading Answer - is a pleading in which a defending party sets forth
causes of action.
his defenses.

SECTION 5. DEFENSES
SECTION 2. PLEADINGS ALLOWED
Two kinds of defenses in an answer:
1. Complaint
2. Counterclaim 1. Affirmative Defense - is an allegation of a new
3. Cross-claim matter which, while in hypothetically admitting the
4. Third-party complaint material allegations in the pleading of the claimant,
5. Complaint intervention would nevertheless prevent or bar recovery by him
or her.
An answer may be responded to by a reply only if the
defending party attached an actionable document to the Affirmative defenses:
answer. i. Fraud
ii. Statute of limitations
SECTION 3. COMPLAINT iii. Release
iv. Payment
Complaint - is the pleading alleging the plaintiffs cause or v. Ilegality
causes of action. The names and residence of the plaintiff and vi. Statue of Frauds
defendant must be stated in the complaint. vii. Estoppel

Midterm Notes: Civil Procedure || Page 17 of 26

 viii. Former recovery
ix. Discharge in bankruptcy
x. Any of the matter by way of confession and
avoidance.
2. Negative Defenses - is the specific denial of the
material facts or facts alleged in the pleading of the
complaint essential to his cause or causes of action.
SECTION 6. COUNTERCLAIM
Counterclaim - is any which a defending party may have
against an opposing party.
Nature:
It partakes of a complaint by the defendant against the
plaintiff. A counterclaim is not intrinsically a part of the answer
because it is a separate pleading. It may, however, be
included in the answer. The inclusion is merely a matter of
form does not have the effect of fusing the 2 separate
pleadings into a single pleading.
Kinds of Counterclaim:
1. Compulsory counterclaim (Principle of
recoupment) - It is an initiatory pleading. One which
arises out of or is necessary connected with the
transaction or occurrence that is the subject matter of
the opposing party’s claim.
2. Permissive counterclaim (principle of set off) - a
claim does not arise out of nor is it necessarily
connected with the subject matter of the opposing
party’s claim. If not barred even it not set up in the
action.
SECTION 7. COMPULSORY COUNTERCLAIM
Compulsory Counterclaim - is one which, being cognizable
by the regular courts of justice, arises out of or is connected
with the transaction or occurrence constituting the subject
matter of the opposing party's claim and doest not require for
is adjudication the presence of third parties of whom the court
cannot acquire jurisdiction.
Requisites of a compulsory counterclaim: (RATWA)
1. The claim is cognizable by the Regular courts of
justice.
2. It Arises out of, or is connected with the transaction
or occurrence constituting the subject matter of the
opposing party’s claim.
3. It does not require for is adjudication the presence of
Third parties of whom the court cannot acquire
jurisdiction
4. It must be Within the jurisdiction of the court both as
to the amount and the nature thereof, except that in
an original counterclaim before the RTC, the
Midterm Notes: Civil Procedure || Page 18 of 26

 counterclaim may be considered compulsory
regardless of the amount.
5. It is Already in existence at the time that the rule
defending party files his answer.
Tests in determining whether a counterclaim is
compulsory or permissive:
1. Are the issues of fact and law raised by the claim and
counterclaim largely the same?
2. Would res judicata bar a subsequent suit on
defendants claim absent the compulsory
counterclaim rule?
3. Will substantially the same existence support of
refute plaintiffs claim as well as defendants
counterclaim?
4. Is there any logical relation between the claim and
the counterclaim?
Rules on Compulsory Counterclaim:
A counterclaim before the MTC must be within the jurisdiction
of said court, both as to the amount and nature thereof.
In an original action before the RTC, the counterclaim may be
considered compulsory regardless of the amount.
General Rule:
A compulsory counterclaim not set up in the answer is
deemed barred.
Exceptions:
1. If it is a counterclaim which either matured or was
acquired by a party after serving his answer. In this
case, it may be pleaded by filing a supplemental
answer or pleading before the judgement, with the
permission of the court.
2. When a pleader fails to set-up a counterclaim through
oversight, inadvertence, excusable negligence, or
when justice requires, he may, by leave of court, set-
up the counterclaim by amendment of the pleading
before the judgement.
SECTION 8. CROSS-CLAIM
Cross-claim - is any claim by one party against a co-part
arising out of the transaction or occurrence that is the subject
matter either of the original action or of a counterclaim therein.
Limitations on Cross-claim:
1. Can be field only against a co-party
2. Must arise out of the subject matter of the complaint
3. Proper only where cross claimant stand to be
Prejudiced by the filing of the action against him.
Midterm Notes: Civil Procedure || Page 19 of 26

 Cross-claim distinguished from counterclaim be presented by supplemental pleading before

judgement.
Cross claim Counterclaim
SECTION 9. COUNTER-COUNTERCLAIMS AND
A claim against a co- A claim against an opposing COUNTER-CROSS-CLAIMS
defendant in a suit party
May or may not arise out of A counter-counterclaim may be asserted against an original
Arises out of the transaction counter-claimant
the same transaction or
or occurrence that is the
occurrence, as in the case of
subject matter either of the
a permissive counterclaim A counter-cross-claim may also be filed against an original
original action or the
which is in effect a separate cross claimant
counterclaim.
pleading in itself
SECTION 10. REPLY
Effect of failure to file a cross-claim:
Reply - is pleading, the officer or function of which is to deny,
General Rule: or allege facts in denial or avoidance of new matters alleged
A cross claim which is not set up in the action is barred. in, or relating to, said actionable document.

Exceptions: If the plaintiff wishes to interpose any claims arising out of new
1. When it is outside the jurisdiction of the court matters so alleged, such claims shall be set forth in the
2. If the court cannot acquire jurisdiction over third amended or supplemental complaint.
parties whose presence is necessary for the
adjudication of said cross-claim A party cannot, in his reply, amend his cause of action nor
3. If through oversight, inadvertence, or excusable introduce therein new or additional causes of action.
negligence, it is not asserted, it may still be set up
with leave of court, by amendment of the pleadings;
4. Cross-claim that may mature or may be acquired
after service of the answer by permission of the court,

Midterm Notes: Civil Procedure || Page 20 of 26

 Effect of failure to file a reply.
General Rule:
The filing of the reply is optional as the new matters raised in
the answer are deemed controverted even without a reply.
Exceptions:
Reply is necessary:
1. Where the answer is based on an actionable
document in which case a verified reply is necessary,
otherwise the genuineness and due execution of said
actionable document are generally deemed admitted.
2. Where the answer alleges the defense of usury in
which case a reply under oath is required otherwise
the allegation of usury are deemed admitted.
SECTION 11. THIRD (FOURTH, ETC)-PARTY COMPLAINT
Third (Fourth, etc.)-party complaint - Is a complaint that a
defending party may, with leave of court file against a person
not a party to the action, called the third (fourth, etc.)-party
defendant for:
a. Contribution
b. Indemnity
c. Subrogation or
d. Any Other relief
In respect of his opponents claim.
Note: A third party complaint is an initiatory pleading. It is
subject to the requirements on the paying of docket fees and
certification against forum shopping.
The third party complaint shall be denied admission, and the
court shall require the defendant to institute a separate action,
where:
a. The third party defendant cannot be located within 30
calendar days from the grant of such leave
b. Matters extraneous to the issue in the principal case
are raised
c. The effect would be to introduce a new law and
separate controversy into the action.
Tests to determine whether the third party complaint is in
respect of plaintiffs claim
1. Whether it arises out of the same transaction which
the plaintiffs claim is based, or although arising out of
another or different transaction, is connected with the
plaintiff’s claim.
2. Whether the third-party defendant for all or part of the
plaintiffs claim against the original defendant
3. Whether the third party defendant may assert any
defenses which the plaintiff’s claim.
Midterm Notes: Civil Procedure || Page 21 of 26

 SECTION 12. BRINGING NEW PARTIES
When the presence of parties other than those to the original
action is required for the granting of complete relief in the
determination of a counterclaim or cross-claim, the court shall
order them to be Brought in as defendants, if jurisdiction can
be obtained.
SECTION 13. ANSWER TO THIRD PARTY COMPLAINT
A third party defendant may allege in his or her answer, to
wit
a. his or her defenses,
b. counterclaims or cross-claims,
c. including such defenses that the third party plaintiff
may have against the original plaintiff’s claim.
d. In proper cases, he or she may also assert a
counterclaim against the original plaintiff in respect of
the latter’s claim against the third-party plaintiff.
Complaint-in-intervention:
Is a pleading filed before the court with leave of court by a
person who has legal interest in the matter in litigation, or
against either or all of the original parties, or is so situated as
to be adversely affected by a distribution or other disposition
or property in the custody of the court or of an officer thereof.
:
Action Interpleader:
Is a remedy whereby a person who has property whether
personal or real, in his possession, or an obligation to render
wholly or partially without claiming any right in both, or claims
an interest which in whole or in part is not disputed by the
conflicting claimants, comes to court and asks that the
persons who claim the property or who consider themselves
entitled to demand compliance with the obligation, be required
to litigate among themselves, in order to determine finally who
is entitles to the property or payment of the obligation.
RULE 7: PARTS AND CONTENTS OF A
PLEADING
SECTION 1. CAPTION
The caption contains the following:
a. The name of the court
b. Title of the action
a. Indicates the names of the parties.
Note: They shall all be named in the original
complaint or petition; but in subsequent pleading, it
shall be sufficient if the name of the first party on
each side be stated with an appropriate indication
when there are other parties.
Midterm Notes: Civil Procedure || Page 22 of 26

 c. Docket number if assigned
SECTION 2. THE BODY
The body of the pleading sets forth the following:
a. Its designation
b. The allegations of the party’s claim or defenses
c. The relief prayed for
d. The date of the pleading
A court can grant the relief warranted by the allegation and the
proof even if it is not specifically sought by the injured party,
the inclusion of a general prayer may justify the grant of a
remedy different from or together with the specific remedy
sought, if the facts alleged in the complaint and the evidence
introduced so warrant. (Prince Transport Inc., v. Garica, GR No.
167291, Jan. 12, 2011
Note: The allegations in the complaint and not the caption
determines the natured of the case
SECTION 3. SIGNATURE AND ADDRESS
Every pleading must be signed by the party or counsel
representing him, stating in either case his address which
should not be a post office box.
Effects of the signature of the counsel in the pleading.
a. He has read the pleading and document
b. To the best of his knowledge, information and belief,
formed after an inquiry reasonable under the
circumstances.
c. It is not being presented for any improper purpose, such
as to harass, cause unnecessary delay, or needlessly
increase the cost of litigation.
d. The claims, defenses, and other legal contentions are
warranted by existing law or jurisprudence, or by a non-
frivolous argument for extending, modifying, or
reversing existing jurisprudence.
e. The factual contentions have evidentiary support or if
specifically so identified, will likely have evidentiary
support after availment of the modes of discovery under
these rules;
f. The denials of factual contention are warranted on the
evidence, or if specifically so identified, are reasonably
based on belief or a lack of jurisdiction.
SECTION 4. VERIFICATION (memorize)
Verification - is a statement under oath. It includes the actual
sweating to the truth of the statements by the subscriber and
also the certification thereto by the notary or other officer
authorized to administer oath.
How is a pleading verified:
By an affidavit of an affiant duly authorized to sign said
verification
Midterm Notes: Civil Procedure || Page 23 of 26

 General rule:
Pleadings need not be under oath or verified
Exception:
Unless otherwise specifically required by law or rule
Who may sign the verification
A party’s representative, lawyer or any person who personally
knows the truth of the facts alleged in the pleading.
Note: If the person who signed the verification has no
authority the effect would be the dismissal of the complaint
since the court has no jurisdiction over the complaint and the
plaintiff.
Effect of lack of verification:
It does not necessarily render the pleading defective. The
court may, to wit:
a. order the correction of the pleading
b. Act on the pleading although it is not verified.
Notes:
• A defective verification shall be treated as an unsigned
pleading
• The signature of the affiant shall serve as a
certification of the truthfulness of the allegations in the
pleading.
SECTION 5. CERTIFICATION AGAINST FORUM
SHOPPING
Forum shopping - is committed when multiple suites
involving the same parties and the same causes of action are
filed, either simultaneously or successively, for the purpose of
obtaining a favorable judgement through means other than
appeal or certiorari.
Elements of forum shopping:
a. Identity of parties
b. Identity of cause of action
c. Judgement in one would result to barred by prior
judgement or litis pendentia
Note: The certification against forum shopping is required only
in a complaint or other initiatory pleading.
General Rule:
The certification against forum shopping must be executed by
the party-pleader and not his counsel
Exception:
If, for a reasonable or justifiable reasons, the party-pleader us
unable to sign, he must execute a Special Power of Attorney.
Test for determining the existence of forum shopping:
a. Whether a final judgement in one case amounts to res
judicata in another
Midterm Notes: Civil Procedure || Page 24 of 26

 b. Whether the following elements of litis pendentia are

present:
• Identity of the parties, or at least such
parties as representing the same interests in
both actions
• Identity of rights asserted and reliefs prayed
for, the relief being founded on the same
facts
• Identity of the two preceding particulars,
such that any judgement rendered in the
other action will, regardless of which party is
successful amount to res judicata in the
action under consideration.
(Villamor and Victolero Constrcution Compnay v. Sogo
Reality and Development Corporation, GR No. 2118771,
June 3, 2019
The court may motu proprio dismiss the case based on act of
forum shopping resulting to litis pendentia and barred by prior
judgement.
RULE 8: MANNER OF MAKING ALLEGATIONS
IN THE PLEADINGS
SECTION 1. IN GENERAL
Every pleading shall contain the following:
a. A methodical and logical form, a plain, concise and
direct statement of the ultimate facts
b. It shall include the evidence on which the party
pleading relies for his or her claim or defense, as the
case may be.
SECTION 2. ALTERNATIVE CAUSES OF ACTION
A party may set forth two or more statement of a claim or
defense alternatively or hypothetically, either:
a. In one cause of action or defense
b. In separate causes of action or defenses

There can bo no motu proprio dismissal in case of failure to

comply with the certification against forum shopping since it
requires notice and hearing under Sec. 5, Rule 7, and it is not
one of the grounds mentioned under Sec. 1, Rule 9 on motu
proprio dismissal.

Midterm Notes: Civil Procedure || Page 25 of 26

 RULE 9: EFFECT OF FAILURE TO PLEAD

OMNIBUS MOTION RULE

SECTION 1. DEFENSES AND OBLIGATIONS NOT

PLEADED

General Rule:
Defenses and objection not pleaded in a motion to dismiss or
in the answer are deemed waived.

Exception: (apat na sikat)

a. Prescription
b. Litis pendentia
c. Lack of jurisdiction over the subject matter
d. Res Judicata

General Rule:
Lack of jurisdiction over the subject matter may be raised at
any stage of the proceedings even for the first time on appeal

Exceptions:
Estoppel by laches

Midterm Notes: Civil Procedure || Page 26 of 26