Civ Pro

Question 1

Civil Procedure

Answer 1

Is a procedure governing the filing, processing and adjudication of civil action

Question 2

Requisites for a valid exercise of jurisdiction

Answer 2

Over the persons of the parties

Over the subject matter of the action

Question 3

Jurisdiction over the person

Answer 3

• As to the plaintiff: when the plaintiff files a complaint in court, he submits himself to the jurisdiction of the court
• As to the defendant:
  (1) when the plaintiff files a complaint and the court will issue summons on the defendant and the summons will be served upon the defendant, the moment the summons is served and the service of the summons is valid, then the court acquires jurisdiction over the person of the defendant by means of the valid service of summons upon him.
  (2) Defendant’s voluntary appearance in court.

Question 4

Jurisdiction over the subject matter

Answer 4

determined by the facts alleged in the complaint (original complaint), regardless of whether the plaintiff is entitled to recover upon the whole or part of the claim and by the law enforced at the time of the commencement of the action.

Question 5

Kinds and Nature of Jurisdiction exercised by the Courts

Answer 5

1. Exclusive – it is confined to a particular court. No one else
   can exercise jurisdiction. (Example: exclusive jurisdiction
   of the MTC over ejectment cases.)
2. Concurrent – two or more courts of even different levels
   can exercise jurisdiction at the same time. (Example:
   concurrent jurisdiction of the RTC, CA, and SC over the
   extraordinary writs of mandamus, prohibition or certiorari)

Question 6

Doctrine of Hierarchy of Courts

Answer 6

A litigant must properly seek relief from the lower courts. The fact that the RTC, CA, and SC have concurrent jurisdiction over particular cases, that will give a litigant an unbridled freedom to file the case with the Supreme Court;

Question 7

Doctrine of Primary Jurisdiction

Answer 7

If jurisdiction over a particular case is vested upon an administrative body, no resort to judicial courts can be had until the administrative body shall have acted on the case.

Question 8

RTC Jurisdiction

Answer 8

a. All civil actions in which the subject of the litigation is incapable of pecuniary estimation.

b. All civil actions which involve the title to or possession of real property or any interest therein
where the assessed value of the property involved
exceeds 400,000 except forcible entry and unlawful
detainer of lands or buildings, original jurisdiction
over which is conferred upon the MTC (real
property)

c. All actions in admiralty and maritime jurisdiction
where the demand or claims exceeds 2,000,000

d. All matters of probate, both testate and intestate,
where the gross value of the estate exceeds 2M
pesos; and

e. All other cases in which the demand exclusive of
damages whatever kind, interest, attorney’s fees,
litigation expenses and cost (DIAL-C) where the
value of the property in controversy exceeds 2M
pesos. (personal property)

Question 9

Municipal Trial Court Jurisdiction

Answer 9

Exclusive and Original Jurisdiction:
1. All civil actions and probate proceedings, testate and
intestate where the value of the personal property, estate, or
amount of the demand, exclusive of DIAL-C does not
exceed 2,000,000 pesos

NOTE: DIAL-C should be excluded in the determination
of jurisdiction but it is included in the computation of the
docket fee.

2. Cases of forcible entry and unlawful detainer.
3. All civil actions which involved the title to or possession of
   real property or any interest therein where the assessed
   value of the property does not exceed 400,000
4. In admiralty or maritime actions where the demand or
   claim does not exceeds 2,000,000

Question 10

Real Action

Answer 10

One that involves title to or possession of real property or any interest therein.

If it is a real action, jurisdiction is determined by the assessed value of the real property involved.

Question 11

Action in personam

Answer 11

In an action in personam, the complaint is filed against a specific person (there is a defendant) or a definite individual based on his personal liability; and seeks personal judgment against him (the defendant).

The decision rendered in this action is called a judgment in personam and it is binding only between the parties.

Question 12

Action in rem

Answer 12

It is directed against the res or the thing itself and it seeks a judgment enforceable against the whole world

Question 13

Action quasi in rem

Answer 13

It is an action which names a person as a defendant, but the object of the action is to subject the interest of that person (the defendant) in a property to the obligation burdening that property, or the action pertains to the personal status of a person.

Question 14

What is a civil action?

Answer 14

A civil action is an action by which a party sues another for the enforcement or protection of a right, or the prevention or redress of a wrong

Question 15

What is a criminal action?

Answer 15

A criminal action is one by which he State prosecutes a person for an act or omission punishable by law

Question 16

What is a special proceeding?

Answer 16

A special proceeding is a remedy by which a party seeks to establish a status, a right, or a particular fact.

Question 17

When is a civil action commenced?

Answer 17

A civil action is commenced by the filing of the original complaint in court. But if an additional defendant is impleaded in the later pleading (amended complaint), the action is commenced as to him, the civil action is commenced upon the filing of the later pleading

Question 18

SEC. 6 RULE 1

Answer 18

Sec. 6. Construction. – These Rules shall be liberally construed
in order to promote their objective of securing a just, speedy and
inexpensive disposition of every action and proceeding.

Question 19

What is a cause of action?

Answer 19

A cause of action is the act or omission by which a party violates a right of another.

Question 20

Requisites of a Cause of action

Answer 20

1. There must be an existence of a plaintiff’s right;
2. An obligation on the part of the defendant to respect and
   not to violate such right; and
3. An act or omission on the part of the defendant constituting
   a violation of plaintiff’s right, resulting to damage or injury
   to the plaintiff.

Question 21

Grounds for Dismissal

Answer 21

1. Litis pendentia or lis pendens – There is another action
   pending between the same parties and for the same cause of
   action.
   - Litis pendencia is obtained even if the positions of the parties
   in the second case is reversed.
2. Res judicata – The action is barred by prior judgment.

Question 22

Rules on joinder of action

Answer 22

1. The party joining the causes of action must comply with the
   rules on joinder of parties;
2. The joinder cannot include a special civil action or an
   action governed by special rules;
3. Where the causes of action are between the same parties
   but pertain to different venues or jurisdictions, the joinder
   may be allowed in the Regional Trial Court provided one of
   the causes of action falls within the jurisdiction of said
   court and the venue lies therein; and
4. Where the claims in all the causes of action are principally
   for recovery of money, the aggregate amount claimed shall
   be the test of jurisdiction.

Question 23

Who can be parties in a civil action?

Answer 23

• Only natural persons, juridical persons, or entities
  authorized by law can be parties in a civil action

Question 24

Purpose of initiatory pleading?

Answer 24

To assert a right or redress a wrong

Question 25

Sources of Causes of Action

Answer 25

Law, Contraxts quasi contracts, quasi delicts, delicts

Question 26

Why is splitting a COA prohibited?

Answer 26

To prevent the clogging of court dockets

Question 27

Aspects of Jurisdiction (SPIT)

Answer 27

J over the subject matter J over the parties J over the issues I over the thing

Question 28

Jurisdiction over the issue

Answer 28

Determined by the Allegations in the pleading

Question 29

Jurisdiction over the res

Answer 29

By the court placing the thing under the custody Constructive seizure Statutory authority conferring xxx

Question 30

Totality rule

Answer 30

The aggregate amount of the reliefs sought shall determine the jurisdiction of the court

Question 31

Who can be parties in a civil action?

Answer 31

Only natural persons, juridical persons, or entities authorized by law can be parties in a civil action.

Question 32

Who is a real party in interest?

Answer 32

One who stands to be benefited or injured by the judgment in the suit, or the party entitled to the avails of the suit.

Question 33

Kinds of real parties in interest:

Answer 33

1. Indispensable party – one without whom no final determination can be had of an action. 2. Necessary party – 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 a complete determination or settlement of the claim subject of the action

Question 34

What are the requisites of a class suit?

Answer 34

1. The subject matter of the controversy must be of common or general interest to many persons. – the right affecting many individuals must be INDIVISIBLE. The interest of any one of them must not be separable from the interest of all the others. The interest of anyone of those alleged to belong to a class must not be capable of being separated from the interest of all the others. The benefit to one must be a benefit to all. 2. The parties affected are so numerous that is impracticable to join all as parties. 3. The parties bringing or defending the class suit are found by the court to be sufficiently numerous and representative as to fully protect the interest of all concerned.

Question 35

What must be done if a person who must be joined as plaintiff but his consent cannot be obtained?

Answer 35

He should be impleaded as a defendant, he is called an unwilling co-plaintiff.

Question 36

What is the duty of the counsel of the deceased party?

Answer 36

DOES NOT SURVIVE - There are cases that is extinguish by the death of a party. The death of a party extinguishes the claim or case itself. It is extinguished by the death of a party. This happens in most instances where the action is personal to the plaintiff or to the defendant. SURVIVE - The action will continue despite the death of a party. The claim is not extinguished by the death of a party. The counsel must inform the court within 30 days after such death of the following: 1. The fact of death of the deceased party; and 2. The name and address of the legal representatives or heirs of the deceased party

Question 37

What are the distinction between venue and jurisdiction?

Answer 37

1. Venue refers to the place where the action is to be commenced; jurisdiction refers to the authority of the court to hear and decide the action 2. Venue may be waived; jurisdiction (over the subject matter of the action) cannot be waived (although jurisdiction over the person of the defendant can be waived) 3. The court cannot motu proprio dismiss the complaint on ground of improper venue, but it can motu proprio dismiss the complaint on ground of lack of jurisdiction over the subject matter

Question 38

What is the venue of personal action?

Answer 38

Where the plaintiff or any of the principal plaintiffs resides or where the defendant or any of the principal defendants resides, or in the case of a non-resident defendant where he may be found, at the election of the plaintiff

Question 39

How can the defendant raise the question of improper venue?

Answer 39

By asserting it as an affirmative defense in his answer and the court will rule on the affirmative defense

Question 40

What is a pleading?

Answer 40

Pleading is defined as the written statements of the respective claims and defenses of the parties submitted to the court for appropriate judgment

Question 41

What pleadings state claims or causes of action?

Answer 41

1. Complaint 2. Counterclaim 3. Cross-claim 4. Third party complaint (fourth, fifth, etc.) 5. Complaint-in-intervention

Question 42

What is an answer?

Answer 42

An answer is a pleading in which the defending party sets forth his defenses

Question 43

Negative defenses

Answer 43

Defenses in the form of specific denial of a material fact or facts alleged in the pleading of the plaintiff or claimant essential to his cause or causes of action.

Question 44

Kinds of Negative Defenses

Answer 44

1. Absolute Denial - By denying specifically the material allegation or averment in the complaint or pleading of the adverse party setting forth the substance of the matter upon which the defending party relies in his denial. 2. Partial Denial - By admitting only a part of the allegation or averment, by specifying so much of it as true and deny the remainder. 3. Denial by disavowal - By alleging lack of knowledge or information sufficient to form a belief as to the truth of the allegation in the pleading of the adverse party.

Question 45

Affirmative defenses

Answer 45

– an allegation of new matter which although hypothetically admitting the material allegations in the pleading of the claimant, would nevertheless prevent or bar recovery by the defendant

Question 46

Kinds of affirmative defense (SSFRP FADIE)

Answer 46

* Fraud, * statute of limitation, * release, * payment, * illegality, * statute of frauds, * estoppel, * former recovery, * discharge in bankruptcy, and * any other matter by way of confession and avoidance.

Question 47

If defendant’s answer contains affirmative defenses (1-10) what will the court do?

Answer 47

The court may conduct a summary hearing within 15- calendar days from the filing of the answer and the court will resolve such affirmative defenses within 30-calendar days from the termination of the summary hearing.

Question 48

Defenses under rule 8 section 12 (JVCCC)

Answer 48

* That the court has no jurisdiction over the person of the defendant * That the venue is improperly laid * Plaintiff has no legal capacity to sue * The complaint or pleading fails to state a cause of action * That a condition precedent for filing the claim has not been complied with.

Question 49

Defenses which are immediately grounds for dismissal

Answer 49

1. No jurisdiction over the subject matter 2. CoA is barred by prior judgment 3. There is another pending action between the same parties for the same CoA

Question 50

Reply

Answer 50

s a pleading, the office or function of which is to deny, or allege facts in denial or avoidance of new matters alleged in or relating to an actionable document attached to the answer of the defending party

Question 51

Actionable document

Answer 51

document that can be a basis of a claim or a defense. (e.g. promissory note, contract)

Question 52

May a court render a judgment for an amount more than what is prayed for in the pleading?

Answer 52

Yes because the pleading like the complaint, may add a general prayer for such other relief as may be deemed as such equitable XP: In a judgment by default – cannot exceed the amount or the different in kind from that prayed for nor award unliquidated damages o When the amount will be beyond the jurisdiction of the court to grant

Question 53

Certification on non-forum shopping (Certification against forum shopping)

Answer 53

Purpose: To assure the court that the litigant is not engaging in this deplorable act of forum shopping. - Is required only in a complaint or other initiatory pleading. (e.g. permissive counterclaim) - Should be incorporated in the pleading, it must accompany the filing of the pleading. Either appended or incorporated in the complaint. - It cannot be a subject of a separate complaint - Required when you file: a.) third party complaint; b.) complaint in intervention; c.) any petition or application where the party asserts a claim or relief.

Question 54

Certification on non-forum shopping is not required in the following:

Answer 54

1. Petition for issuance for writ of possession 2. Compulsory counterclaim 3. Application for search warrant 4. Complaint filed in the Ombudsman

Question 55

What if the complaint or initiatory pleading that was filed in court was not accompanied by Certification on non-forum shopping?

Answer 55

The complaint or initiatory pleading will be dismissed. The dismissal is without prejudice (you can refile the complaint). But if the court finds out that you are engaged in a deliberate act of forum shopping, then the complaint will be dismissed and the dismissal will be with prejudice and you might be cited for contempt.

Question 56

What are the 4 defenses that are not deemed waived even if not pleaded in a motion to dismiss or in an answer?

Answer 56

1. That the court has no jurisdiction over the subject matter 2. That there is another action pending between the same parties for the same cause 3. That the action is barred by prior judgment 4. That the action is barred by statute of limitations

Question 57

May the court declare the defendant in default 'motu proprio'?

Answer 57

* NO, the plaintiff must file a motion to declare the defendant in default. 1. File a motion to declare the defendant in default 2. Serve a notice of his motion on the defendant 3. Show proof of failure on the part of the defendant to file his answer within the reglementary period

Question 58

What is the effect of the order of default?

Answer 58

A defendant declared in default is entitled to notices of subsequent proceedings but cannot take part at the trial. He loses his standing in court.

Question 59

Art 3. Sec 7

Answer 59

The right of the people to information on matters of public concern shall be recognized. Access to official records, and to documents and papers pertaining to official acts, transactions, or decisions, as well as to government research data used as basis for policy development, shall be afforded the citizen, subject to such limitations as may be provided by law