Civil Procedure

Question 1

What is Substantive Law?

Answer 1

It creates, defines, and regulates rights concerning life, liberty, and property. (Primicias vs. Ocampo)

Question 2

What is Remedial Law?

Answer 2

It lays down the methods by which those rights or obligations arising from substantive law are protected, enforced, and given effect. (Bustos vs. Lucero)

Question 3

Scope of the Rule-making power of the Supreme Court?

Answer 3

Protection and enforcement of Constitutional rights;
Practice;
Pleading;
Procedure in all courts;
Admisstion to the practice of law
Integrated bar
Legal assistance to the under privileged.

(4P AIL)

Sec. 5(5), Art. VIII, 1987 Constitution

Question 4

Case of Estipona vs. Lobrigo

Answer 4

In the case of Estipona vs. Lobrigo, the Supreme Court held that plea bargaining is a procedural matter and that Congress cannot interfere with it because to do would be an encroachment upon the Rule-making power of the SC.

Question 5

Limitations on the Rule-making power of the Supreme Court?

Answer 5

1. Rules shall provide a simplified and inexpensive procedure for speedy disposition of cases.
2. Rules shall be uniform

Question 12

Rule 1, Sec. 1

Answer 12

Every ordinary civil action must be based on a cause of actio.

Question 13

Rule 1, Sec. 2 (What is a cause of action)

Answer 13

It is an act or omission by which a party violates a right of another.

Question 14

Elements of a cause of action?

Answer 14

1. There is a right which pertains to the Plaintiff;
2. There is a correlative obligation of the Defendant;
3. The Defendant fails to satisfy the obligation;
4. The Plaintiff suffers damage as a result of the act or omission.

Question 16

What is the meaning of a Pleading? (Sec. 1, Rule 6)

Answer 16

Pleadings are written statements of the respective claims and defenses of the parties submitted to the court for appropriate judgement.

Question 17

What are the Pleadings allowed? (Sec. 2, Rule 6)

Answer 17

• Complaint
• Counterclaim
• Cross-claim
• Third Party Complaint
• Complaint in-intervention
• Answer
• Reply

Question 18

What is a Complaint?

Sec. Rule 6

Answer 18

The Complaint is the pleading alleging the plaintiff’s or claiming party’s causes of action. The names and residences of the plaintiff and defendant must be stated in the complaint.

Question 19

Effects of filing the complaint?

Answer 19

1. Filing of the complaint signifies the commencement of the civil action.
2. By such filing the court acquires jurisdiction over the person of the Plaintiff.
3. Has the effect of interrupting the prescription period in accordance with Art. 1155 of the NCC.

Question 20

Is it only the filing of the complaint that vests the Court with jurisdiction over the subject matter of the action?

Answer 20

No, it is not only the filing of the complaint but also the payment of the docket fee which vests the court with jurisdiction over the subject matter of the action.

Proton Pilipinas Corporation vs. Banque National de Paris

Question 21

What is the rule on payment of docket fees?

Answer 21

Non-payment of docket fee will not lead to automatic dismissal. The rule is liberal. If the initiatory pleading is not accompanied by a correct docket fee, the court may allow payment of the docket fee within reasonable time but in no case shall it be beyond the prescriptive period.

Sy-Vargas vs. Estate of Ogsos; Heirs of Reynoso vs. CA

Question 22

What is an Answer?

Sec. 4, Rule 6

Answer 22

It is a pleading where the party defending (defendant) sets forth his or her defenses.

Question 23

What are the kinds of Defenses?

Answer 23

Negative and Affirmative

Question 24

What is a Negative Defense?

Answer 24

It is a specific denial of a material fact or facts alleged in the pleading of the claimant essential to his or her cause or causes of action.

Question 25

What is an Affirmative Defense?

Answer 25

It is an allegation of a new matter, which, while hypothetically admitting the material allegations in the pleading of the claimant would nevertheless prevent or bar recovery from him. May also include grounds for dismissal (the 4 grounds for a MTD) Affirmative defenses: * Fraud * Statute of Limitations * Release * Payment * Illegality * Statute of Frauds * Estoppel * Former Recovery * Discharge in Bankruptcy * Any other matter by way of confession or avoidance

Question 26

What is a counterclaim? | Sec. 7, Rule 6)

Answer 26

A 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 does not require for its adjudication the presence of third parties of whom the court cannot acquire jurisdiction**. Such a counterclaim **must be within the jurisdiction of the court both as to the amount and the nature thereof**,* except that in an original action before the Regional Trial Court, the counterclaim may be considered compulsory regardless of the amount*. A compulsory counterclaim not raised in the same action is barred, unless otherwise allowed by these Rules.

Question 27

Is there an instance where the Rules allow the prosecution of a counterclaim even if it was not raised in the same action? | Sec. 9, Rule 11

Answer 27

Yes, under Rule 11, Sec. 9. A counterclaim which either matured or was acquired by a party after serving his pleading may, with the permission of the court, be presented as counterclaim by supplemental pleading before judgment.

Question 28

What are the elements of a compulsory counterclaim?

Answer 28

* It arises out of or is necessarily connected with the transaction or occurence which is the subject matter of the opposing party's claim. * It does not require for its adjudication the presence of third persons whom the court cannot acquire jurisdiction. * Such counterclaim must be within the jurisdiction of the court both as to amount and the nature thereof. | Alba vs. Malapajo

Question 29

What if the amount claimed as counterclaim is not within the jurisdiction of the RTC, can the latter court dismiss the counterclaim? | Sec. 7, Rule 6

Answer 29

No, when the original action is filed with the RTC, the counterclaim may be deemed compulsory regardless of the amount.

Question 30

Can a party file a MTD with counterclaim?

Answer 30

No, if the dismissal of the main action results in the dismissal of the counterclaims, it stands to reason that the filing of an MTD is an implied waiver of the compulsory counterlcaim because the grant of the MTD ultimately results in the dismissal of the complaint. ## Footnote Financial Building Corp vs. Forbes Park Association

Question 31

What is a permissive counterclaim?

Answer 31

A counterclaim is permissive it it does not arise out or is not necessarily connected with the subject matter of the opposing party's claim. It is essentially an independent claim that may be filed separately in another case. ## Footnote Alba vs. Malapajo

Question 32

What is a crossclaim? | Sec. 8, Rule 6

Answer 32

It is any claim by one party against a co-party arising out of the transaction or occurence that is the subject matter of either of the original action or of a counterclaim therein. Such cross-claim may cover all or part of the original claim.

Question 33

What is the effect if a cross-claim is not set-up?

Answer 33

It shall be barred. (Sec. 2, Rule 9) NB: THe crossclaim that is considered barred is the one that is existing at the time the asnwer is filed, not the crossclaim that may mature or may be acquired after service of the answer. As a rule, Sec. 9, Rule 11 provides that it may with leave of court be presented by supplemental pleading prior to judgement.

Question 34

May crossclaim which was not setup because of oversight, still be setup? | Sec. 10, Rule 11

Answer 34

**Sec. 10, Rule 11** provides that when a pleader fails to setup a crossclaim through oversight, inadvertence, or execusable negligence, when justice requires, he may, by leave of court, set up the crossclaim by amendment before judgement.

Question 35

What is a Repy? | Sec. 10, Rule 6

Answer 35

It is a pleading, the office or function of which is to deny, or allege new matters alleged in, or relating to, said **actionable document. ** ## Footnote Sec. 10, Rule 6

Question 36

As a general rule, is the filing of a Reply required?

Answer 36

No, under the Rules all new matters alleged in the Answer are deemed controverted. ## Footnote Sec. 10, Rule 6

Question 37

When is the filing of a reply necessary?

Answer 37

When the Defendant attaches an actionable document to his or her answer. | Sec. 10, Rule 6 ## Footnote The filing of the reply is for the purpose of denying under oath the due execution and genuiness of the attached actionable document.

Question 38

What is the effect if the Plaintiff failed to file a reply when an actionable document is attached to the Asnwer of the Defendant?

Answer 38

Failure on the part of the plaintiff to file a reply when an actionable document is attached is deemed an implied admission of the due execution and genuiness of the attached actionable document. Thus, the plaintiff cannot now present evidence that will contravene such implied admission. | Sec. 10, Rule 6