Civil Procedures

Atty. Noel Catre

1-17 minutes

Rule 4 Venue of action

1. Venue the is the place where the case or complaint is to be filed, tried and decided.
2. Venue is the place where an action is instituted and tried.

If you file a complaint, an answer will be made then the case will be tried, unless there is reason for the
court to dismiss. and then the case will be decided by the court.

SECTION 1

What is the venue of real action in inferior courts (MTC)?

Forceable entry/ unlawful detainer shall be filed in the court where the lot is located or in jurisdiction
Sample Surigao city lot subject to unlawful detainer, be filed in Surigao city court. You are not allowed to
file it in Sison even if you are a resident of Sison. If it is located in Surigao then file it in Surigao city.

Note: The subject discussed is only applicable only to forceable entry and unlawful detainer.

ACTION TO RECOVER THE OWNERSHIP OF A PARCEL OF LAND OR QUIETING OF TITLE, accion

reivindicatoria (plaintiff claiming ownership of lot and seek its recovery).

Should be filed in the court where the lot is located but in the proper court. Sample recovery of possession
and ownership a parcel of land located in Surigao City should be filed in Surigao City but in the proper
court.

If assessed value of parcel of land is more than Php.400,000 it will be filed in the RTC if less than that
values goes to MTC.
Note: Take into consideration the assessed value (see R.A 11576 section 2)

Forceable entry/ unlawful detainer of land or building should be filed in the MTC where the parcel of land
in located regardless of assessed value. Exclusive Jurisdiction of the lower court.

How about personal actions?

Personal action in inferior courts should be filed in the place specified by the parties by means of
Contract.

Example: Family borrowed from the bank are required to sign a promissory note. In the promissory note
given by the banks (such as commercial bank) a certain provision is written and says ‘incase of litigation
venue shall be in the proper court in the city of manila or Makati depending on where the principal bank
is located. (DEPENDING ON THE CONTRACT)

You can dismiss a case if it improperly laid. Sample not in the promissory note, not in the jurisdiction of
the court where it is filed (Jurisdiction in terms of amount of claim) See R.A 11576. You can move for the
dismissal if the court filed is not in the contract.

Conditions to consider:

1. For the purpose of convenience, if it is filed to a court which is convenient for you even if it is
not in the promissory note you may not invoke to dismiss it.
2. However, if you want to buy some time so that you can raise the money you move for the
dismissal of the complaint on the ground that venue is improperly laid because the promissory
note states that it is supposedly in the court of manila or Makati (the two courts mentioned are
common for commercial banks litigations).

If the case is dismissed because it is improperly filed, you are still liable. (to be filed in the proper court)

VENUE can be waived by the parties. If you do not object then, you are considered that you have
waived your objection to the venue. In other word, (as for the sample) you agreed that the case be filed
here in Surigao rather that in other places where the promissory states.

How do you know that the agreement as far as venue is concerned is exclusive?

Sample: Incase of litigation, the parties agreed to file the case in the court of manila ‘ONLY or
EXCLUSIVELY’ ( this is restrictive word) you cant file it anywhere else.

18- 24:20

Section 2: Venue of personal actions (gives you a choice)

General Rule

Where the plaintiff can file the complaint?

1. Where he/she resides

2. Where the defendant resides or where any principal defendant resides.

Note: file the case to the court which is not convenient for the defendant.

Section 3: Venue of action against none residents

1. He can be sued where he can be found

2. Where his property can be found

If you don’t want to be late questioning the venue, you should do it before or during the filing of your
answer raising that as an affirmative defense. The court is mandated to rule on your affirmative defense
within 30 days from your date if filing. (affirmative defense can be found in the answer)
Is the 30 days mandatory? No due to congested cases in court. Applicable only if there are only small
cases file to a court. In this case, no need to file for motion to hear affirmative defenses because it is
written in the provision.

NOTE: unrealistic due to congestion of cases in courts

24-30 MINS

RULE 5

Uniformed procedures in Trial Courts

Procedures in court are naturally uniformed except procedures covered in rule of SUMMARY procedures.

In RTC the plaintiff will present evidence 1st. after the plaintiff and his witnesses have testified they are
now going to offer their evidence. Then the defendant will offer his evidence consisting of his testimony
and the testimony of his witnesses. Thereafter, he will present his exhibits as part of his documentary
evidence. This the same in the municipal trial court. EXCEPT CASES governed by summary procedures as
well as cases cognizable by small claims court.

Cases covered by summary procedure Upon filing of cases in court the judge will decide what rule shall
govern that case. If the court rules that the rules of summary procedures will apply, then the rules of
summary procedure will be applied. There is no summary procedure in the RTC.

RTC and MTC shall follow the same procedures because they have the same rules of court.

35-53 min

RULE 6: KINDS OF PLEADING

PROCEDURES IN THE REGIONAL TRIAL COURT

New: pleadings are written statements of respective claim and defenses of the parties submitted to the
court for appropriate judgement

Old Rule: pleadings are the written allegation of the parties of their respective claims and defenses
submitted to the courts for trials and judgements.

Sect. 2 claims of the party are pleadings

Allowed complaint

1. Counter claim is interposed by a defendant in the same complaint can be the plaintiff in
the counter claim
2. Crossed claim
3. 3, 4th etc. complaint
4. Or complaint in intervention
If you file a complaint, you should set forth properly in the complaint what you want from the court
because what the defendant did to you.

Set out in the complaint what transaction did you enter with the defendant and what action did the
defendant take that led you to file a complaint.

Should state cause of action.

Sample the defendant borrowed 1 million and did not pay despites of verbal demand.

Promissory note sample.

Jan 1, 2023

A borrowed money from B 5m pesos as evidence of this promissory note. In effect A made a
Promise in favor of B to pay him 5m on June 30, 12023 without in need of demand. Today is
already sept. 30, 2023 and A has not paid B. does B has right to sue? Yes, because A failed to
pay B by June 30.

B approached lawyer to file a case for COLLECTION OF THE SUM OF MONEY.

Lawyer prepared a complaint.

EXAMPLE 1
REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT
10THN JUDICIAL REGION
BRANCH ___, SUIRGAO CITY

B
Plaintif,
Civil Case No.___

-versus- For: Sum of Money

A
Defendant
X--------------------X

COMPLAINT

Plaintiff, through counsel to this honorable court, respectfully states, that he A is of legal
age, married and a resident of Surigao City. On the other hand, B is a likewise of legal age, married
or single. Resident of Navarro street Surigao City.
States the legal capacity of the parties,
address where the summons be given and
Legal Sttus
 That on January 1, 2023 the defendant obtains a loan from the plaintiff in the amount of Caused
5m Pesos, promising to pay the said amount on June 30, 2023 without need of demand. As shown of
by a copy of the promissory note which is here to attach as exhibit A. action

That because of the failure of the defendant to pay, the amount of 5m pesos on June30,
2023, the plaintiff was force to litigate in the process incurring expenses by way of attorney fee
in sum of 500k pesos. Also, the plaintiff lost the opportunity to earn income had he been paid
on June 30, 2023 he could use the money on his business he could earn profit (state how much)
But because of the failure of the defendant to pay, he lost that opportunity to earn this income
of (state how much).

53- 1:12:24
Section 4 – ANSWER
A pleading which the defendant set forth his defenses.

REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT
10THN JUDICIAL REGION
BRANCH ___, SUIRGAO CITY

B
Plaintif,
Civil Case No.___

-versus- For: Sum of

Money

A
Defendant
X--------------------X

ANSWER

Defendant, through counsel to this honorable court, respectfully states insofar, as the
personal circumstances of the parties as well as the address is admitted.

Insofar as the promissory note is concerned, is admitted. Defendant signature as found in

the promissory note is his genuine signature. But, defendant is not liable to pay because his
signature was obtained by means of fraud. (affirmative defense. See rule 6, section 5, b.)

Defendant was a singer by profession. And he was contracted to come to Surigao to sing
for a concert. While doing a concert, B approach him while asking for his signature for autograph
purposes. And he accommodated, only to find out that above his signature promissory note was
type written.

SECTION 8: CROSS CLAIM

A claim by any party against a co-party arising out of the occurrence or transaction that is the
subject matter either by the original action of a counterclaim therein.

Sample: B and C borrowed from A 10m Peso. B ask M.r C to lend him the entire amount of 10m
that they borrowed from Mr. A even if Mr. C signed the promissory note as a co-maker. (internal
agreement between B and C that A does not know) B and C have an agreement and reduce intro
writing.

Frustrate which means therefore will file separate answers of b and c. because c will be alleging
cross claim.

Example crossclaim

REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT
10THN JUDICIAL REGION
BRANCH ___, SUIRGAO CITY

A
Plaintif,
Civil Case No.___
-versus- For: Sum of Money

B and C
Defendant
X--------------------X

ANSWER

Defendant C, through this honorable court respectfully states, that paragraph 1 and 2 of
this complaint insofar as the promissory note and the addresses and their names concerned etc.
are admitted with a qualification in that. Although, he signed the promissory note as solidary
debtor, the entire amount of 10m was received and use by B only.

In the remote possibility that C be made to answer, such liability should be paid by B
because he was the only one who used the entire amount of 10m.
Version of Atty. CATRE
REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT
10THN JUDICIAL REGION
BRANCH ___, SUIRGAO CITY
THIS CAPTION HELPS THE JUDGE
NOT TO FORGET THAT YOU HAVE
A A CROSS CLAIM
Plaintif,
Civil Case No.___
- versus - For: Sum of Money

B and C
Defendants

C
Cross claimant

-versus-

B
Cross defendant
X--------------------X

Defendant C, through this honorable court respectfully states, that paragraph 1 and 2 of this
complaint insofar as the promissory note and the addresses and their names concerned etc. are
admitted with a qualification in that. Although, he signed the promissory note as solidary debtor,
the entire amount of 10m was received and use by B only.

In the remote possibility that C be made to answer, such liability should be paid by B
because he was the only one who used the entire amount of 10m.

1. The fellow defendant in cross claim becomes a cross claimant or cross plaintiff
2. Another defendant becomes cross defendant
3. But both of them are main defendant in the eyes of A.

SAMPLES BELOW
1:15:39 – 1:35:14
SECTION 5: DEFENSE
May either be negative and affirmative
A. Negative defense is the specific denial of the material fact or facts alleged in
the pleading of the claimant essential to his or her cause or causes of action.
Sample: in paragraph 2 of the EXAMPLE 1
That on January 1, 2023 the defendant obtains a loan from the plaintiff in the amount of 10m
Pesos, promising to pay the said amount on June 30, 2023 without need of demand. As shown
by a copy of the promissory note which is here to attach as exhibit A.

Negative Defense:
1st sample: Paragraph 2 of the of the complaint is specifically denied. The defendant cannot
remember having signed and having obtained a loan from the plaintiff.
2nd sample: Paragraph 2 of the complaint is denied. The truth of the matter being that the
defendant did not borrow money from the plaintiff. The defendant further alleges that he
does not know under what circumstances did the plaintiff obtained defendant signature in
the promissory note.
B. Affirmative defense is an allegation of a new matter which while hypothetically admitting
the material allegation in the pleading of the claimant, would nevertheless prevent or bar
recovery by him or her the affirmative defense includes, fraud, statutes of limitation,
release, payment illegality, statute of fraud, estoppel, former recovery, discharge in
bankruptcy, and any other matter by way of confession and avoidance. (not yet exposed
to legal terms)
Example of affirmative defense:
1. While it is true that answering defendant’s, signature is found on the promissory note,
still and all he is not liable because that signature was obtained by means of fraud.
(earlier sample)
2. Illegality – Answering defendant admits having signed the promissory note, but
denies any liability because that transaction involved a buy and sell of a kilo of shabu
which is prohibited under the law. The plaintiff delivered 1 kilo of shabu and the
defendant signed the promissory note. Illegality. Both of us are in pari delicto. If we
 are both guilty, the law will leave us as is, and your damage will be shouldered by you,
and my damage will be shouldered by me.
Both of them Are Pari Delicto (equal fault. Two person or entities equally at fault) The law
will not give us any remedy because the two of us are equally guilty.
2.1 Prostitute paid by a cheque and the cheque was not accepted by the bank. Both are
guilty of illegality.

1:35:15 – 1:43:20
SECTION 6: COUNTER CLAIM
A counter claim is any claim is any claim which a defending party may have against an
opposing party.
Sample: Reimbursement of expense by the defendant due to the baseless claim by the
plaintiff. Such as attorney’s fee.
Does, despite the plaintiff’s knowledge that he has no caused of action against the
defendant, he still proceeded to file this case compelling the defendant to hire the
services of counsel in the sum of (state the amount).
CLASSIFIED INTO TWO
1. COMPULSORY
example above is compulsory
2. PERMISSIVE
SECTION 7: COMPULSORY COUNTER CLAIM
Is one by which being cognizable by the regular courts of justice, arise out of or is
connected to with the transaction or occurrence constituting the subject matter of the
opposing party’s claim. And does not require for its adjudication the presence of the third
parties of whom the court cannot acquire jurisdiction.
Catre - because of my claim of having spent as a result of your baseless complain arouse
from your action of filing a complaint against me. The

Permissive counter claim

A permissive counterclaim is a claim brought by a defendant against a plaintiff in the situation
where the defendant's claim does not arise from the same transaction or occurrence as the
plaintiff's claim. Therefore, if the defendant does not raise the claim in the pending cause of
action, it is not waived, and the defendant is free to bring an independent action on the claim.
Example: A borrowed from B 5m because he’ll go to America to have lunch and supper with
presidents. While he was borrowing the money, B ask A to borrow his car to use it to his son’s
wedding on Sunday. A agrees. B drove the car in a reckless manner and he bumped to an
electric post.
Can you claim the value of your car? Yes!

1st transaction is contract of loan. (Return the same amount)

2nd is commodatum - a gratuitous loan of movable property to be used and returned by

the borrower. (Return the same car)

A did not pay B 5m. So, B filed a case against A. In the case raised by B, A can file a permissive
counter claim. (The value of A’s car.) obligation to pay damages as a result of the damage
caused to the car, did not arise from the same transaction or their contract of loan. It is a totally
different transaction.

Purpose of permissive counter claim is to avoid multiplicity of suits.

If not allowed by the court to have permissive counter claim, you’ll be force to file it in court
which the law greatly discourage.

1:43:22 – 2:02:28

SECTION 10: REPLY

All new matters alleged in the answer are deemed controverted. (Denied) In the
plaintiff wishes to interpose any claims, such claim shall be set forth in an amended
or supplemental complaint. However, the plaintiff may file a reply only if the
defending party attaches an actionable document to his or her answer.
This is a sequence of event. Complaint by plaintiff then answered by the defendant
then replied by plaintiff. This is the last pleading. Then the clerk of court will
schedule for preliminary conference then after pre- trial.
Is the filing of reply mandatory?
No!
If the plaintiff choosed not to reply, all the matters alleged in the answer are
deemed controverted. Denied by the plaintiff. But if the answer contains
documents which are actionable then reply is necessary.
 SECTION 12.
3RD , 4TH, ETC. PARTY COMPLAINT
Is a claim that a defending party may, with leave of court, files against a person not
a party to the action, called the 3rd, 4th etc. party for contributing indemnity,
subrogation or any other relief in respect to his or her opponents claim.
Sample: Motorcycle insurance company.
A and B both driving a car crashed onto its other. B was a bit drunk and hit A. A filed
a complaint against B for damages. B realize that he is insured by a certain
insurance company. So, B can use that 3rd 4th etc. party to pay A even if they are
not part of the original transaction or event.

REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT
10THN JUDICIAL REGION
BRANCH ___, SUIRGAO CITY
THIS CAPTION HELPS THE JUDGE
NOTICE THE 3RD PARTY

A
Plaintif,
Civil Case No.___
- versus - For: Sum of Money

B
Defendants
X--------------------X

B
THIRD PARTY PALINTIFF

-versus-

INSURANCE
3RD PARTY DEFENDANT
X--------------------X
2:03:00 – 2:17:50

RULE 7: PARTS AND CONTENTS OF PLEADING

SECTION 1. CAPTION
Set forth the name of the court, the title of the action and the docket number if
assigned.
REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT CACTION
10THN JUDICIAL REGION
BRANCH ___, SUIRGAO CITY

A
Plaintif,
Civil Case No.___
- versus - For: Sum of Money

B
Defendants

Title of the action should indicate the names of the parties. They shall all be named
in the original complaint original complaint or petition; but in the subsequent
pleadings it shall be sufficient if the names of the first party on each side be stated
with appropriate indication when there are other parties.
Sample if there are 5 plaintiffs. In the initiatory pleading or original complaint, they
should name all the 5. In the subsequent submission to the court it is enough to
put A Et al. which means and others. Subsequent until the original other.
If Judgement is rendered by the court, all the names will appear and not et al.
Their Respective participation is indicated.
Sample: A as plaintiff his participation therefore is as plaintiff.
B’s participation is as Defendant.

SECTION 2. THE BODY

The Body of the pleading sets forth its designation, the allegation of the party’s
claims or defenses, the relief prayed for, and the date of the pleading.
1st paragraph names and legal capacity address.
2nd paragraph the cause of action

So, you’ll have to divide it into paraphs

This is because you are submitting to the court a complaint which should contain
your cause or causes of action. Therefore, you should be systematic.

Sample:
1st paragraph names and legal capacity address.
2nd paragraph, if it is collection of sum of money,the fact that the defendant
borrowed and promise to pay on
3rd paragraph, that despite repeated written and verbal demands, the defendant
failed and or refused to pay. Compelling the plaintiff to file this case. By reasons
of filing of this case, the plaintiff was put to expense entitling him to attorney’s
fees in the some of (state the expense)

Then PRAYER. Usually, you put RELIEF This is the remedy that you want from the
court.

Wherefore, it is respectfully prayed that judgement be rendered in favor of

the plaintiff and against the defendant ordering the latter to pay the sum of (state
amount and if applicable add percentage increase and date) 10m pesos with 6
percent interest beginning from (state date). To pay attorney’s fees in the sum of
(state amount).

General Prayer for a relief

Plaintiff prays for such other reliefs as this court may deemed just and
reasonable in the premises.

Date:
Then your name: