CEU Law _ Civil Procedure

February 13, 2020

RULE 2
Cause of Action

Required Readings:

Laws:
1. Rule 2 – Cause of Action - §1 to §6
2. §8, Revised Rules of Procedure for Small Claims Cases

Subject Matter and Cases:

 Cause of action (Secs. 1-2) distinguished from right of action
 Splitting a cause of action (Secs. 3-4)
i. Joseph vs. Bautista, 170 SCRA 540 (1989)
ii. Del Rosario vs Far East Bank and Trust Company, G.R. No. 150134, October 31, 2007
iii. Progressive Development Corp. vs. CA, 301 SCRA 367 (1999)
iv. CGR Corporation vs. Treyes, Jr., G.R. No. 170916, April 27, 2007
v. Enriquez vs. Ramos, 7 SCRA 265 (1963)
 Remedy against splitting a single cause of action
o Motion to dismiss – Rule 16, Sec. 1 (e) or Sec. 1 (f)
o Answer alleging affirmative defense – Rule 16, Sec.
o Joinder of causes of action (Secs. 5-6)
i. Flores vs. Mallare-Phillipps, 144 SCRA 277 (1986)
 What is the totality rule?

Rule 3
Parties to Civil Actions

Required Readings:

Laws:
1. Rule 3 – Parties to Civil Actions - §1 to §11
2. §2 of A.M. No. 02-11-10-SC
3. §3 of A.M. No. 02-11-11-SC
4. Arts. 44, 1131, 1313, 1381(3) of the New Civil Code of the Philippines

Subject Matter and Cases:

 Who may be parties (Sec. 1)
o Natural persons
o Juridical persons
o Entities authorized by law (even if they lack juridical personality)
 Classification of parties
 Real party in interest (Sec. 2)
 Lack of personality to sue
o Evangelista vs. Santiago, 475 SCRA 744 (2005)
 Standing to sue
o Domingo vs. Carague, 456 SCRA 450 (2005)
 Representative parties (Sec. 3)
o Oposa vs. Factoran, 224 SCRA 792 (1993)
o Resident Marine Mammal vs. Sec. Reyes, G.R. No. 180771 (April 21, 2015)
 Indispensable parties (Sec. 7)
o Domingo vs. Scheer, 421 SCRA 468(2004)
o Uy vs. CA, 494 SCRA 535 (2006)
 Necessary party or proper party (Secs. 8-9)
o Laperal Devt. Corp. vs. CA, 223 SCRA 261 (1993)
 Permissive joinder of parties (Sec. 6)
 Effects of misjoinder and non-joinder of parties (Sec. 11)
 Class suits (Sec. 12)
o Mathay vs. Consolidated Bank, 58 SCRA 559 (1974)
 Defendants
o Unwilling co-plaintiff (Sec. 10)
o Alternative defendant (Sec. 13)
o 3. Unknown defendant (Sec. 14; Rule 14, Sec. 14)
o 4. Entity without juridical personality as defendant (Sec. 15; Rule 14, Sec. 8)
 Death of party; duty of counsel (Secs. 16, 20)
CEU Law _ Civil Procedure
February 13, 2020

o If plaintiff dies during pendency of case

o If defendant dies, effect of his death depends upon nature of the pending action
o Effect of non-substitution of a deceased party
i. Heirs of Bertuldo Hinog vs. Melicor, 455 SCRA 460 (2005)
ii. De la Cruz vs. Joaquin, 464 SCRA 576 (2005)
o Death or separation of party who is a public officer (Sec. 17)
 Incompetency or incapacity (Sec. 18)
 Transfer of interest (Sec. 19)
 Indigent party (Sec. 21)
 Notice to Solicitor General (Sec. 22)

Rule 4
Venue of Actions

Required Readings:

Laws:
1. Rule 4 – Venue of Actions - §1 to §4
2. Rule 110, §15, Rules on Criminal Procedure
3. §5 R.A. No. 8369 (Family Courts Act)
4. §4, A.M. No. 02-11-10-SC
5. §2(c), A.M. No. 02-11-11-SC
6. §7, Revised Rules of Procedure for Small Claims Cases

Subject Matter and Cases:

 Venue defined
o Distinguished from jurisdiction
 Venue of real actions (Sec. 1)
 Venue of personal actions (Sec. 2)
 Venue of actions against non-residents (Sec. 3)
 Quasi in rem = action affects personal status of plaintiff -- residence of plaintiff
 In rem = action affects property of defendant in the Philippines -– location of property
o When rule not applicable (Sec. 4)
o Where a specific rule or law provides otherwise
i. Diaz vs. Adiong, 219 SCRA 631 (1993)
o Where parties have validly agreed in writing before filing of the action on exclusive venue
thereof
i. Phil. Banking Corp. vs. Tensuan, 228 SCRA 385 (1993)

 Waiver of improper venue

o express waiver
o implied waiver
i. Dacoycoy vs. IAC, 195 SCRA 641 (1993)
 How to question improper venue
o motion to dismiss (Rule 16, Sec. 1(c))
o affirmative defense in answer (Rule 16, Sec. 6)

Rule 5
Uniform Procedure in Trial Courts

Required Readings:

Laws:
1. Rule 5 – Uniform Procedure in Trial Courts - §1 and §2
2. Rule 6 – Kinds of Pleadings - §1 to §13
a. §4 to §6, §9, § 19 to §20 of 1991 Revised Rule on Summary Procedure
b. §6, §9, §13, §15 to §19 of Revised Rules of Procedure for Small Claims Cases

Rule 6,7, 8, 9
Kinds of Pleadings, Parts and Contents of a Pleading, Manner of Making Allegations in Pleadings, Effect of Failure
to Plead

Required Readings:
CEU Law _ Civil Procedure
February 13, 2020

Laws:
Rule 6 and 7 Kinds of Pleadings and Parts and Contents of a Pleading
1. Rule 7 – Parts of Pleadings - §1 to §5
2. Resolution of the Supreme Court En Banc dated June 3, 2008 (Bar Matter 1922)

Rule 8 Manner of Making Allegations in Pleadings

1. Rule 8 – Manner of Making Allegations in Pleadings - §1 to §12
2. §2 Rule 7, Rules of Procedure for Environmental Cases

Rule 9 Effect of Failure to Plead

1. Rule 9 – Effect of Failure to Plead - §1 to §3
2. §5 and 6 of the Revised Rule on Summary Procedure
3. §11 to §14 of the Revised Rules of Procedure for Small Claims Cases
4. Arts. 48 and 60, Family Code of the Philippines

Subject Matter and Cases:

 Pleadings (Substantial Requirements)

o In general
o Defined (Rule 6, Sec. 1)
o Distinguished from motion (Rule 15, Sec. 1)
o What allowed (Rule 6, Sec. 2)
o Parts of a pleading (Rule 7)
o How allegations made
 In general (Rule 8, Sec. 1)
 Capacity (Rule 8, Sec. 4)
 Alternative claims and defenses (Rule 8, Sec. 2)
 Conditions precedent (Rule 8, Sec. 3)
 Fraud and mistake, condition of mind (Rule 8, Sec.
 5)
 Judgments (Rule 8, Sec. 6)
 Official documents (Rule 8, Sec. 9)
 Need to bring in new parties (Rule 6, Sec. 12)
 Types of Pleadings
A. Complaint
o Defined and in general (Rule 6, Sec. 3)
o Allegations
 In general (Rule 8, Sec. 1)
i. Mathay vs. Consolidated Bank and Trust Company, 58 SCRA 559 (1974)
 Capacity of parties (Rule 8, Sec. 4)
 Actions based upon a document (Rule 8, Sec. 7)
B. Answer
o Defined and in general (Rule 6, Sec. 4)
o Types of defenses
 Negative (Rule 6, Sec. 5(a))
- How alleged, generally (Rule 8, Sec. 10)
- Capacity of parties (Rule 8, Sec. 4)
- Genuineness of documents (Rule 8, Sec. 8)
- Negative pregnant
i. PHILAMGEN vs. Sweet Lines, 212 SCRA 194 (1993)
 Affirmative (Rule 6, Sec. 5(b))
o Implied admissions (Rule 9, Sec. 1)
o Waiver of defenses (Rule 9, Sec. 2)
C. Counterclaims
o Defined and in general (Rule 6, Sec. 6)
o How raised
 Included in answer (Rule 6, Sec. 9; Rule 11, Sec. 8)
 After answer (Rule 6, Sec. 9; Rule 11, Sec. 9)
o Kinds of counterclaims
 Compulsory (Rule 6, Sec. 7; Rule 9, Sec. 2)
- cannot be independently adjudicated
- jurisdiction (both as to amount and nature; exception)
- filing fees and non-forum certification not required
 Permissive
CEU Law _ Civil Procedure
February 13, 2020

i. Korea Exchange Bank vs. Gonzales, 456 SCRA 224 (2005)

ii. BA Finance Corp. vs. Co, 224 SCRA 163 (1993)
oRemedies
 For failure to raise compulsory counterclaim (Rule 9, Sec. 2)
 Oversight, inadvertence, excusable neglect (Rule 11, Sec. 10)
o In case main action fails
i. BA Finance Corp. vs. Co, supra
D. Answer to counterclaim
o In general (Rule 6, Sec. 4)
E. Reply
o Defined and in general (Rule 6, Sec. 10)
o When required (Rule 6, Sec.10)
o Challenge due to authenticity of documents (Rule 8, Sec. 8)
F. Rejoinder
o Defined and in general (Rule 6, Sec. 10)
G. Third/Fourth Party Complaint
o Defined (Rule 6, Sec. 11)
o Remedies when denied
H. Answer to Third/Fourth Party Complaint
o In general (Rule 6, Sec. 13)
o Time to plead (Rule 11, Sec. 5)

 Pleadings (Formal Requirements)

o Verification (Rule 7, Sec. 4)
o Certification against forum shopping (Rule 7, Sec. 5)
i. Ao-As vs. CA, 491 SCRA 353 (2006)
o Forum shopping certificate for a corporation
i. PAL vs. Flight Attendants and Stewards Assn of the Phils.(FASAP), 479 SCRA 605
(2006)