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Pillars of Civil Procedure - STELA - PDF

1) A party may only institute one suit for a single cause of action and may not split a cause of action into multiple suits. 2) Joinder of claims allows a party to assert multiple causes of action against another party in a single pleading, subject to certain conditions including that the causes of action involve the same parties and at least one cause of action falls under the court's jurisdiction. 3) A complaint must clearly and sufficiently allege the ultimate facts to state a valid cause of action, otherwise it may be dismissed for failure to state a claim.

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Stela Pantaleon
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0% found this document useful (0 votes)
74 views8 pages

Pillars of Civil Procedure - STELA - PDF

1) A party may only institute one suit for a single cause of action and may not split a cause of action into multiple suits. 2) Joinder of claims allows a party to assert multiple causes of action against another party in a single pleading, subject to certain conditions including that the causes of action involve the same parties and at least one cause of action falls under the court's jurisdiction. 3) A complaint must clearly and sufficiently allege the ultimate facts to state a valid cause of action, otherwise it may be dismissed for failure to state a claim.

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Stela Pantaleon
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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R2 S3: ONE SUIT FOR A SINGLE CA

- Party may not institute more than one


PILLARS OF CIVIL PROCEDURE suit for a single cause of action.
PARTIES IN CIVIL ACTION (Rule 3)
-Real parties in interest; indispensable
CONFLICT Right of Action v Cause of A. JOINDER AND MISJOINDER OF CA
- Sections 5 & 6, R2 parties; representatives as parties;
1. A cause of action refers to the
--First existence in delict or wrong committed by the -JCA- It is assertion of as many necessary parties; indigent parties;
litigation causes of action a party may have against alternative defendants
defendants, whereas right of action
--Conflict in Substantive another in one pleading. It is the process of
Rights
refers to the right of the plaintiff to
uniting two or more demands or rights of 1. Real Party-in-Interest is the party who stands
institute the action;
action in one action, subject to the ff condi: to be benefited or injured by the judgment in the
- DETERMINE- 2. A cause of action is determined by
1. The party joining the causes of action suit, or the party entitled to the avails of the suit
--Character of conflict the pleadings; whereas a right of
--Parties Behavior shall comply with the rules on joinder of (Sec. 2, Rule 3). The interest must be real, which
action is determined by the parties; is a present substantial interest as distinguished
substantive law from a mere expectancy or a future, contingent
2. The joinder shall not include special civil
Failure to State Cause of A. subordinate or consequential interest.
actions governed by special rules;
1. Plaintiff require to sufficiently XPN: POUR ATRUI (Art 1311 CC)
CAUSE OF ACTION 3. Where the cause of action are between CREDITORS IN ORDER TO PROTECT FROM
allege to ultimate facts.
the same parties but pertain to different FRAUD (Art 1313 CC)
--Rule 2 2. The mere existence of a cause of
--Sec.2 | A cause of action is the venues or jurisdictions, the joinder may be 2. Indispensable Party is a real party-in-interest
action is not sufficient for a complaint without whom no final determination can be
act or omission by which a party allowed in the RTC provided one of the
violates a right of another to prosper. Even if in reality the had of an action (Sec. 7, Rule 3). Without the
causes of action falls within the jurisdiction
-- Right actionable wrong plaintiff has a cause of action against presence of his party the judgment of a court
of said court and the venue lies therein;
-- Pre-determined or Determined the defendant, the complaint may be cannot attain real finality. Two essential tests of
- Liquidated Damages and
dismissed if the complaint or the an indispensable party: (a) Can a relief be
-by the Court 4. Where the claims in all the causes of
-- SOURCES OF CA pleading asserting the claim ―states afforded to the plaintiff without the presence of
action are principally for recovery of
1. Breach no cause of action‖. This means that the other party; and (b) Can the case be decided
money, the aggregate amount claimed
2. Misunderstanding the cause of action must unmistakably on its merits without prejudicing the rights of
shall be the test of jurisdiction (totality
3. Indifference
be stated or alleged in the complaint the other party?
4. Voluntary to inability rule).
or that all the elements of the cause 3.Necessary Party is one who is not
to perform - Restrictions on JCA are the jurisdictions,
--ELEMENTS: of action required by substantive law indispensable but ought to be joined as a
venue and joinder of parties. The joinder
1. A right in favor of the must clearly appear from the mere party if complete relief is to be accorded as
shall not include special civ. Act. Or
plaintiff by whatever means reading of the complaint‖ The actions governed by special rules.
to those already parties, of for a complete
and under whatever law it dismissal will therefore, be anchored determination or settlement of the claim
-MCA- When there is a misjoinder
arises or is created; on a ―failure to state a cause of subject of the action. But a necessary party
of causes of action, the erroneously joined
2. An obligation on the part of action. ought to be joined as a party if complete
cause of action can be severed or
the named defendant to --SPLITTING OF CAUSE OF A. R2 S4 relief is to be accorded as to those already
separated from the other cause of action
respect or not to violate such -It is the act of instituting two or parties (Sec. 8, Rule 3). The non-inclusion of
upon motion by a party or upon the court‘s
right; and more suits on the basis of the same CA (S4 a necessary party does not prevent the
R2). It is the practice of dividing one cause own initiative. Misjoinder of causes of
3. Act or omission on the part court from proceeding in the action, and the
of action into different parts and making action is not a ground for the dismissal of
of such defendant in violation judgment rendered therein shall be without
each part the subject of a separate the case. - Cannot be joint if governed by
of the right of the plaintiff complaint.| EFFECT: Subsequent case prejudice to the rights of such necessary
specpro. i.e. Ejectment suit
would be dismiss. party (Sec. 9, Rule 3).
-CA is primarily a court of appellate JURISDICTION 4. Indigent party is one who is allowed by
JURISDICTION OF THE COURTS jurisdiction with competence to the court to litigate his claim, action or
-The power and authority of the
review judgments of the RTCs and defense upon ex parte application and
court to hear, try and decide a
specified quasi-judicial agencies hearing, when the court is satisfied that
case.
(Sec. 9[3], BP 129). It is also a court such party has no money or property
CONCEPTS/ASPECTS OF
of original jurisdiction with respect sufficient and available for food, shelter,
JURISDICTION IN CIVIL CASES
SUPREME COURTS to cases filed before it involving basic necessities for himself and his family
1. over the subject matter
issuance of writs of certiorari, (Sec. 21, Rule 3)
2. over the parties
1.Exclusive original jurisdiction in petitions mandamus, quo warranto, habeas 3. over the res or thing
for certiorari, prohibition and mandamus corpus, and prohibition. CA is a 5. Representatives as parties pertains to
4. over the issues
against the CA, COMELEC, COA, CTA, court of original and exclusive the parties allowed by the court as
5. over the territory
Sandiganbayan, NLRC jurisdiction over actions for substitute parties to an action whereby the
CLASSIFICATION OF COURTS
2.Concurrent original jurisdiction annulment of judgments of RTCs original parties become incapacitated of
-Article 8 Sec 1, CONSTI, The SC is
---With Court of Appeals in petitions for (Sec. 9 [1],[2], BP 129). incompetent (Sec. 18, Rule 3).
the only court created by the
certiorari, prohibition and mandamus - The SC is fundamentally a court court. STATUTORY COURTS are
against the RTC, CSC, Central Board of 6.Alternative defendants are those who
of appellate jurisdiction but it those created by whose
Assessment Appeals, Quasi-judicial may be joined as such in the alternative by
may also be a court of original jurisdiction is determined by
the plaintiff who is uncertain from whom
agencies, and writ of kalikasan, all subject to legislation. May be abolished by
jurisdiction over cases affecting among them he is entitled to a relief,
the doctrine of hierarchy of courts. legislation. BP 129 created the CA,
ambassadors, public ministers regardless of whether or not a right to a
---With the CA and RTC in petitions for RTC, MeTC and MTC. RA 1125
and consuls, and in cases relief against one is inconsistent with that
certiorari, prohibition and mandamus created the CTA, while PD 1083
involving petitions for certiorari, against the other. Where the plaintiff
against lower courts and bodies and in created the Family Courts, and the
cannot definitely identify who among two
petitions for quo warranto, and writs of prohibition and mandamus (Sec. Shari’ah District and circuit courts
or more persons should be impleaded as a
habeas corpus, all subject to the doctrine of 5[1], Art. VIII, Constitution). The .
defendant, he may join all of them as
hierarchy of courts. Supreme Court en banc is not an COURTS OF ORIGINAL &
defendants in the alternative.
APPELLATE JURISDICTION
---With CA, RTC and Sandiganbayan for appellate court to which
-A court is one with original
petitions for writs of amparo and habeas decisions or resolutions of a CLASS SUIT
jurisdiction when actions or
data division of the Supreme Court -A class suit is an action where one or more
proceedings are originally filed
---Concurrent original jurisdiction with the may be appealed. may sue for the benefit of all if the
with it. A court is one with
RTC in cases affecting ambassadors, public requisites are complied with. the
COURTS OF GENERAL AND SPECIAL appellate jurisdiction when it has
ministers and consuls. the power of review over the following requisites must concur:
JURISDICTION
3. Appellate jurisdiction by way of petition decisions or orders of a lower 1. The subject matter of the controversy
-Courts of general jurisdiction are
for review on certiorari (appeal by certiorari court. must be of common or general interest to
those with competence to decide
under Rule 45) against CA, Sandiganbayan, may persons;
on their own jurisdiction and to take
RTC on pure questions of law; and in cases - MeTCs, MCTCs and MTCs are 2. The persons are so numerous that it is
cognizance of all cases, civil and
involving the constitutionality or validity of a courts of original jurisdiction impracticable to join all as parties;
criminal, of a particular nature.
law or treaty, international or executive without appellate jurisdiction. 3. The parties actually before the court are
Courts of special (limited)
agreement, law, presidential decree, RTC is likewise a court of original sufficiently numerous and representative
jurisdiction are those which have
proclamation, order, instruction, ordinance jurisdiction with respect to cases as to fully protect the interests of all
only a special jurisdiction for a
or regulation, legality of a tax, impost, originally filed with it; and concerned; and
particular purpose or are clothed
assessment, toll or penalty, jurisdiction of a appellate court with respect to 4. The representatives sue or defend for
with special powers for the
lower court; and CTA in its decisions cases decided by MTCs within its the benefit of all (Sec.12, Rule 3).
performance of specified duties
rendered en banc. territorial jurisdiction. (Sec. 22, BP EFFECT OF DEATH OF PARTY LITIGANT
beyond which they have no
authority of any kind. 129) -(Section 16, Rule 3 ROC)
4. Exceptions in which factual COURT OF APPEALS COURT OF TAX APPEALS (under RA 9282 and Rule 5, AM 05-11-07-CTA)
issues may be resolved by the
1. Exclusive original jurisdiction in 1. Exclusive original or appellate jurisdiction to review by appeal
Supreme Court:
actions for the annulment of the (a) Decisions of CIR in cases involving disputed assessments, refunds of internal
a. When the findings are grounded judgments of the RTC.
entirely on speculation, surmises revenue taxes, fees or other charges, penalties in relation thereto, or other
2. Concurrent original jurisdiction
or conjectures; matters arising under the NIRC or other laws administered by BIR;
-With SC to issue writs of
b. When the inference made is (b) Inaction by CIR in cases involving disputed assessments, refunds of IR taxes,
certiorari, prohibition and mandamus
manifestly mistaken, absurd or against the RTC, CSC, CBAA, other fees or other charges, penalties in relation thereto, or other matters arising
impossible; quasi-judicial agencies mentioned in under the NIRC or other laws administered by BIR, where the NIRC or other
c. When there is grave abuse of Rule 43, and the NLRC, and writ of applicable law provides a specific period of action, in which case the inaction
discretion; kalikasan. shall be deemed an implied denial;
d. When the judgment is based on -With the SC and RTC to issue (c) Decisions, orders or resolutions of the RTCs in local taxes originally decided
writs of certiorari, prohibition and or resolved by them in the exercise of their original or appellate jurisdiction;
misapprehension of facts;
mandamus against lower courts and (d) Decisions of the Commissioner of Customs (1) in cases involving liability for
e. When the findings of facts are
bodies and writs of quo warranto,
conflicting; customs duties, fees or other charges, seizure, detention or release of
habeas corpus, whether or not in aid of
f. When in making its findings the property affected, fines, forfeitures or other penalties in relation thereto, or
its appellate jurisdiction, and writ of
CA went beyond the issues of the continuing mandamus on
(2) other matters arising under the Customs law or other laws, part of laws or
case, or its findings are contrary to environmental cases. special laws administered by BOC;
the admissions of both the -With SC, RTC and (e) Decisions of the Central Board of Assessment Appeals in the exercise of its
appellant and the appellee; Sandiganbayan for petitions for writs of appellate jurisdiction over cases involving the assessment and taxation of real
amparo and habeas data property originally decided by the provincial or city board of assessment
g. When the findings are contrary
3. Exclusive appellate jurisdiction appeals;
to the trial court;
-by way of ordinary appeal (f) Decision of the secretary of Finance on customs cases elevated to him
h. When the findings are
from the RTC and the Family Courts. automatically for review from decisions of the Commissioner of Customs
conclusions without citation of -by way of petition for review which are adverse to the government under Sec. 2315 of the Tariff and
specific evidence on which they are from the RTC rendered by the RTC in Customs Code;
based; the exercise of its appellate
(g) Decisions of Secretary of Trade and Industry in the case of non-agricultural
i. When the facts set forth in the jurisdiction.
product, commodity or article, and the Secretary of Agriculture in the case of
petition as well as in the -by way of petition for review
agricultural product, commodity or article, involving dumping duties and
petitioner‘s main and reply briefs from the decisions, resolutions, orders
or awards of the CSC, CBAA and other
counterveiling duties under Secs. 301 and 302, respectively, of the Tariff and
are not disputed by the
bodies mentioned in Rule 43 and of the Customs Code, and safeguard measures under RA 8800, where either party
respondent;
Office of the Ombudsman in may appeal the decision to impose or not to impose said duties.
j. When the findings of fact are
administrative disciplinary cases. JURISDICTION OF SANDIGANBAYAN
premised on the supposed absence
-over decisions of MTCs in
of evidence and contradicted by cadastral or land registration cases (1) Original jurisdiction in all cases involving
the evidence on record; ad pursuant to its delegated jurisdiction; (a) Violations of RA 3019 (Anti-Graft and Corrupt Practices Act)
k. When the Court of Appeals this is because decisions of MTCs in (b) Violations of RA 1379 (Anti-Ill-Gotten Wealth Act)
manifestly overlooked certain these cases are appealable in the same (c) Bribery (Chapter II, Sec. 2, Title VII, Book II, RPC) where one or more of the
relevant facts not disputed by the manner as decisions of RTCs. principal accused are occupying the following positions in the government,
parties, which, if properly *** The CA HAS JURISDICTION OVER whether in permanent, acting or interim capacity at the time of the commission
considered, could justify a different ORDERS, DIRECTIVES AND DECISIONS of the offense
OF THE OFFICE OF THE OMBUDSMAN
conclusion.
IN ADMINISTRATIVE CASES ONLY.
C. Controversies in the election or appointments REGIONAL TRIAL COURTS 1. Officials of the executive
of directors, trustees, officers or managers of such branch occupying the
corporations, partnerships or associations (1) EXCLUSIVE ORIGINAL JURISDICTION
positions of regional
D. Petitions of corporations, partnerships or (a) matters incapable of pecuniary estimation, such as rescission of contract
director and higher,
associations to be declared in the state of i Capable of Pecuniary Estimation --- Primarily for recovery of sum of otherwise classified as
suspension of payments in cases where the money, jurisdiction depend upon the amount of the claim Grade 27 and higher, of the
corporation, partnership of association possesses ii Incapable of Pecuniary Estimation --- right to recover a sum of money
sufficient property to cover all its debts but
Compensation and Position
is merely incidental to the principal relief. i.e Specific performance. Classification Act of 1989
foresees the impossibility of meeting them when
they respectively fall due or in cases where the
Support, Annulment of Judgment, Question the validity of mortgage, (RA 6758)
corporation, partnership of association has no Annulling the deed of sale/conveyance/recover price paid, 2. Members of Congress
sufficient assets to cover its liabilities, but is under Rescission, Complaint for injunction, Reformation of Contracts. and officials thereof
the management of a Rehabilitation Receiver or (b) real property with assessed value exceeding P20,000 (outside Metro classified as G-27 and up
Management Committee. Manila), or exceeds P50,000 in Metro Manila under RA 6758
Actions involving title to or possession of real property or any interest 3. Members of the Judiciary
(4) CONCURRENT JURISDICTION therein depending on the assessed value without prejudice to the
(a) with the SC-actions affecting (c) probate proceedings where the gross value of the estate exceeds P300,000 provisions of the
ambassadors, other public ministers outside MM or exceeds P400,000 in MM Constitution
and consuls
(d) admiralty or maritime cases where the demand or claim exceeds P300,000 4 Chairmen and Members
(b) with the SC and CA:
outside MM or exceeds P400,000 in MM of the Constitutional
1. Petitions for Habeas Corpus
(e) other actions involving property valued at more than P300,000 outside MM Commissions without
2. Petition for Quo Warranto prejudice to the provisions
or more than P400,000 in MM
3. Petitions for Certiorari, prohibition or of the Constitution
mandamus against inferior court and other bodies (f) criminal cases not within the exclusive jurisdiction of the Sandiganbayan
NOTE: Exclusive of Interest, damages of whatever kind, attorney’s fees, litigation 5. All other national and
(c) with the SC, CA and SB :
local officials classified as
1. petitions for writs of habeas data expenses, and cost, amount which must be specifically alleged. They are excluded in
Grade 27 and higher under
2. Petitions of Amparo determining jurisdiction of the court however shall be included in determining the filing
RA 6758 (d) Other offenses
fees.
(5) APPELLATE JURISDICTION or felonies committed by
(2) ORIGINAL EXCLUSIVE JURISDICTION OVER CASES NOT FALLING WITHIN THE the public officials and
- All cases decided by lower JURISDICTION OF ANY COURT, TRIBUNAL, PERSONS OR BODY EXERCISING JUDICIAL OR employees mentioned in
courts (MTCs) in their QUASI-JUDICIAL FUNCTIONS Sec. 4(a) of RA 7975 as
respective territorial amended by RA 8249 in
jurisdictions excepts decision of (3) ORIGINAL AND EXCLUSIVE JURISDICTION TO HEAR AND DECIDE INTRA-CORPORATE relation to their office
lower courts in the exercise of CONTROVERSIES (UNDER SEC 5.2 SEC) (e) Civil and criminal
delegated jurisdiction cases filed pursuant to and
A. Cases involving devises or schemes employed by or any acts, of the board of directors,
in connection with EO Nos.
(6) SPECIAL JURISDICTION business associates, its officers or partnership, amounting to fraud and misrepresentation
1, 2, 14-A (Sec. 4, RA 8249)
- Over agrarian and urban land which may be detrimental to the interest of the public and/or of the stockholders,
reform cases not within the exclusive jurisdiction partners, members of associations or organizations registered with the SEC
of quasi-judicial agencies when so designated by B. Controversies arising out of intra-corporate or partnership relations, between and 2. Concurrent original
the SC. (BP 129 as amended Sec 23) among stockholders, members or associates; between any or all of them and the jurisdiction with SC, CA and
RTC for petitions for writs
corporation, partnership or association of which they are stockholders, members or
of habeas data and amparo
associates, respectively; and between such corporation, partnership or association and
the state insofar as it concerns their individual franchise or right to exist as such entity
JURISDICTION OF FAMILY COURTS METROPOLITAN TRIAL COURT JURISDICTION OVER SMALL CLAIMS
Under RA 8369, shall have exclusive 1. Criminal cases 1. MTCs, MeTCs and MCTCs shall have
original jurisdiction over the following a. Exclusive original jurisdiction jurisdiction over actions for payment of money
cases: 1. Summary proceedings for violations of city or where the value of the claim does not exceed
municipal ordinances committed within their P100,000 exclusive of interest and costs (Sec. 2,
(1) Petitions for guardianship,
respective territorial jurisdiction, including traffic AM 08-8-7SC, Oct. 27, 2009).
custody of children and habeas 2. Actions covered are (a) purely civil in nature
corpus involving children laws
where the claim or relief prayed for by the
(2) Petitions for adoption of children 2. offenses punishable with imprisonment not plaintiff is soley for payment or reimbursement of
and the revocation thereof exceeding six (6) years irrespective of the amount of sum of money, and (b) the civil aspect of criminal
(3) Complaints for annulment of fine, and regardless of other imposable accessory or actions, either filed before the institution of the
marriage, declaration of nullity other penalties, including the civil liability arising criminal action, or reserved upon the filing of the
of marriage and those relating to from such offenses or predicated thereon, criminal action in court, pursuant to Rule 111
irrespective of the kind, nature, value or amount (Sec. 4, AM 08-8-7-SC). These claims may be: (a)
status and property relations of
thereof; provided however, that in offenses For money owed under the contracts of lease,
husband and wife or those living loan, services, sale, or mortgage; (b) For damages
together under different status involving damage to property through criminal
arising from fault or negligence, quasi-contract,
and agreements, and petitions negligence, they shall have exclusive original
or contract; and (c) The enforcement of a
for dissolution of conjugal jurisdiction thereof (Sec. 2, RA 7691).
barangay amicable settlement or an arbitration
partnership of gains 2. Civil actions award involving a money claim pursuant to Sec.
(4) Petitions for support and/or (b) Exclusive original jurisdiction 417 of RA 7160 (LGC).
acknowledgment 1. civil actions and probate proceedings, testate and
(5) Summary judicial proceedings intestate, including the grant of provisional remedies CASES COVERED BY RULES ON SUMMARY
brought under the provisions of in proper cases, where the value of the personal PROCEDURE:
EO 209 (Family Code) property, estate, or amount the demand does not
exceed P200,000 outside MM or does not exceed A. All cases of forcible entry and
(6) Petitions for declaration of
P400,000 in MM, exclusive of interest, damages of unlawful detainer, irrespective of the amount
status of children as abandoned,
whatever kind, attorney‘s fees, litigation expenses, of damages or unpaid rentals sought to be
dependent or neglected
and costs. recovered. Where attorney‘s fees are
children, petitions for voluntary
or involuntary commitment of 2. Summary proceedings of forcible entry and unlawful awarded, the same shall not exceed P20,000;
children, the suspension, detainer, violation of rental law
All other cases, except probate proceedings
termination or restoration of 3. title to, or possession of, real property, or any
where the total amount of the plaintiff‘s claim
parental authority and other interest therein where the assessed value of the
does not exceed P100, 000 (outside MM) or
cases cognizable under PD 603, property or interest therein does not exceed
P20,000 outside MM or does not exceed P50,000 in P200,000 (in MM), exclusive of interest and
EO 56 (1986) and other related
MM costs
laws
(7) Petitions for the constitution of 3. Special jurisdiction over petition for writ of habeas corpus and
CASES UNDER KATARUNGANG PAMBARANGAY
the family home application for bail if the RTC Judge in area is not available a. One party is the govt or any subdivision or instrumentality
(8) In areas where there are no b. Disputes involves real properties located in diff. cities
Family Courts, the above- 4.Delegated jurisdiction to hear and decide cadastral and land unless parties agree to submit to amicable settlement
c.Any complaint by or against the corporation, since only
enumerated cases shall be registration cases where there is no controversy provided the value of individuals shall be parties to Brgy. Conciliation
adjudicated by the RTC (RA 8369) the lad to be ascertained by the claimant does not exceed P100,000 D. Disputes involving parties who actually reside in the
baranggay

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