CIVPRO (SESSION 1)

Question 1

Meaning of Ordinary Civil Actions

Answer 1

Civil action - one by which a party sues another for:

Enforcement or protection of a right

Or the prevention of redress of a wrong

Question 2

Meaning of special civil actions

Answer 2

By which a party sues another for:
- Enforcement or protection of a right
Or the prevention of redress of a wrong
BUT subject to specific rules

Question 3

Meaning of criminal actions

Answer 3

One by which the State prosecutes a person for an act or omission punishable by law

Question 4

Meaning of special proceedings

Answer 4

A remedy by which a party seeks to establish a status, a right or particular fact

Question 5

Personal actions

Answer 5

Seeks the recovery of personal property
Enforcement of a contract
Recovery of damages

Question 6

Venue

Answer 6

Place where the defendant or any of the defendants may be found or resides OR where plaintiff/s resides, at the election of him/her.

Question 7

TRANSITORY ACTION:

Answer 7

Definition – Venue is dependent generally on the residence of the parties, regardless where the cause of action rose.

Question 8

Real action

Answer 8

Seeks the recovery of real property

An action affecting title to property or for recovery of possession or for partition, or condemnation of, or foreclosure of mortgage on real property

Question 9

Venue for real actions:

Answer 9

Province or city where property or any part of the property is located.

Question 10

LOCAL ACTION:

Answer 10

Definition – Action is required to be instituted in a particular place in the absence of an agreement to the contrary.

Question 11

Action in personam

Answer 11

Action against a person on the basis of his PERSONAL liability or one affecting the parties ALONE

Question 12

Action in rem

Answer 12

Action against the res or the thing itself, not the person

Question 13

Real action in relation to actions in rem

Answer 13

To determine title to land

Object of the suit is to bar all who might make an objection against the right sought to be established

Judgement sought is against the whole world

Question 14

Real action in relation to in personam:

Answer 14

Concerns only the right, title and interest of the PARTIES to the land

Not the title against the whole world

Question 15

Meaning of cause of action

Answer 15

Act or omission by which a party violates a right of another rule

Question 16

Elements of cause of action

Answer 16

Legal right of plaintiff

Corresponding obligation of defendant to respect or not to violate such right

Act or omission of defendant which violates the legal right of plaintiff constituting a breach of the obligation

Question 17

RIGHT OF ACTION

Answer 17

Remedy for bringing an action

Question 18

CAUSE OF ACTION

Answer 18

Reason for bringing an action

Question 19

FAILURE TO STATE A CAUSE OF ACTION

Answer 19

Refers to an insufficiency of the allegations in the petition/complaint

Question 20

LACK OF CAUSE OF ACTION

Answer 20

Refers to an insufficiency of factual or legal basis to grant the complaint

Question 21

When does lack of cause of action apply?

Answer 21

Applies where the evidence failed to prove the cause of action alleged in the pleading

Question 22

FAILURE TO STATE A CAUSE OF ACTION - Dismissal

Answer 22

Can refile an amended complaint

Question 23

LACK OF CAUSE OF ACTION

Answer 23

Dismissal constitutes res judicata on the issue and will bar further suits based on the same cause of action

Question 24

Test for failure to state a cause of action

Answer 24

May the court render a valid judgment upon the facts alleged therein?

Question 25

What should a pleading state?

Answer 25

A pleading should state the ULTIMATE FACTS and evidence.

Question 26

Test of the sufficiency of a cause of action

Answer 26

Admitting such alleged facts to be true, may the court render a valid judgment in accordance with the prayer in the complaint?

Question 27

GR → Basic rule in filing of action

Answer 27

For one cause of action, file only one action or suit – no splitting.

Question 28

Remedy against splitting a single cause of action (two complaints separately filed)

Answer 28

Motion to dismiss on the ground of:
- Litis pendentia – if first complaint is still pending (RUle 15, 2(2)
- Res judicata – if first complaint is terminated by final judgment (Rule 15, 2 (3)

Question 29

When should the splitting be questioned?

Answer 29

The splitting must be questioned in the trial court, not for the first time during appeal

Question 30

What if the defendant fails to raise the ground of splitting on time?

Answer 30

Waiver

Question 31

Joinder of causes of action

Answer 31

Assertion of as many causes of action as a party may have against an opposing party in one pleading alone

Question 32

Requisites of Joinder of causes of action

Answer 32

• Compliance with the rule on permissive joinder of parties under Rule 3, Sec 6
• A party cannot join in an ordinary action, any of the special civil actions.
• Where the causes of action are between the same parties but pertain to different venues or jurisdictions, the joinder may be allowed in the RTC PROVIDED that one of the causes of actions falls within the jurisdiction of such RTC and the venue lies therein.
• TOTALITY RULE – Where the claims in all causes of action are principally for the recovery of money, jurisdiction is determined by the aggregate or total amount claimed.

Question 33

Where does the totality rule apply?

Answer 33

Only applies to the MTC – bc there is no totality rule for the RTC.

Question 34

What may the court do with a misjoinder of action?

Answer 34

A misjoined cause may be severed and proceeded with separately upon motion of a party or on initiative of the court

Question 35

What if there is no no objection to the improper joinder or the court did not direct a severance?

Answer 35

It does not bar the simultaneous adjudication of all the erroneously joined causes of action (REMEMBER: Only applies if the court trying the case has jurisdiction over all the causes of action)

Question 36

Real parties in interest

Answer 36

Party who stands to be benefited or injured by the judgment or the party entitled to the avails of the suit

Question 37

Indispensable parties

Answer 37

Party is one without whom no final determination can he had of an action. Either plaintiff or defendant.

Question 38

Representative parties

Answer 38

One who represents or stands in the place of another and who is allowed to prosecute or defend an action for the beneficiary

Question 39

Necessary parties

Answer 39

One who is not indispensable but ought to be joined as a party:

Question 40

When/why can necessary parties be joined?

Answer 40

IF complete relief is to be accorded as to those already parties

FOR a complete determination or settlement of the claim subject of action