Complaint

Question 1

What is a complaint?

Answer 1

Also known as pleading

first document filed by a party called the “plaintiff”.

The filing of this document signifies the commencement of a civil action

Question 2

Primary Purpose of a complaint

Answer 2

1. Sue another for the enforcement or protection of a right
2. Prevention or redress of a wrong
3. Apprise the defendant of the nature and basis of the claim
4. Enable the court to acquire jurisdiction over the person over the plaintiff

Question 3

When does the need for the application of civil procedure start?

Answer 3

When a right has been violated

Question 4

When does a cause of action arise?

Answer 4

When someone violates the rights of another.

While procedural law outlines the methods and processes by which one may sue another for the enforcement or protection of his rights, substantive law supplies the legal basis for the existence of the right itself and the corresponding legal prerogative to demand its protection.

Question 5

In civil proceedings, what are the sources of causes of action?

Answer 5

It arises from the traditional sources of civil obligation:
1. Law
2. Contracts
3. Quasi-contracts
4. Delicts
5. Quasi-delicts

Question 6

What is a cause of action?

Answer 6

It is referred ti as an act or omission by which a party violates the rights of another.

Without a violation of this right, there can be no right to invoke the rules of procedure and file a suit against the defendant.

Question 7

Rule 8, Section 1 of the Rules of Civil procedure state that
“Every pleading shall contain xxx statement of the ultimate facts including the _______ evidence on which the party pleading relies xxx”

Answer 7

This means that the rules do not only involve the presentation of ultimate facts but also evidentiary facts

Question 8

What is the rationale behind the shift from ultimate facts to evidentiary facts?

Answer 8

The rationale behind this amendment is to lay the cards on the table at the earliest opportunity to cut delay and facilitate speedy resolution of cases.

Question 9

Can failure to state cause of action the complaint be grounds for its dismissal?

Answer 9

Yes, accordingly the test of sufficiency of the averments in the pleading is whether the court can render a valid judgement upon the same in accordance with the prayer in the complaint, assuming that the facts alleged are true.