NOTE: The Rules of Court are not self-executing. You can give life to its provisions by invoking them.

You can invoke

these provisions of the Rules of Court by filing an initiatory pleading – act that gives life to the provisions of the Rule of
Court.
 For civil cases – file a complaint/petition
 For criminal cases – file a criminal complaint
 For special proceedings – file a petition

QUESTION: Are all cases governed by the Rules of Court?

ANSWER: No, there are cases by which the Rules of Court are not applicable in pursuance to Section 4, Rule 1 of the
Rules of Civil Procedure:
 Election cases – governed by Omnibus Election Code
 Insolvency proceedings
 Land registrations – PD No. 1529
 Naturalization cases
 Cadastral cases
 Labor cases – NLRC Rules of Procedure

QUESTION: Are the provisions of the Rules of Court applicable to all courts?
ANSWER: Yes, because the said provisions are specifically intended for all courts within the Philippines.

QUESTION: Can a court not apply said provisions?

ANSWER: No, as was discussed previously, all courts in the PH are expected to apply the Rules of Court in its
proceedings. Although, an exception is made for the Supreme Court since it is the only one that can decide not to apply
the provisions of the rules in cases where it feels that the application of the Rules would not serve justice to the case
itself.

GENERAL RULE: Application of the Rules of Court should be applied liberally – liberal construction.
 This means that the application of the laws shouldn’t be strict because what matters is that it would serve its
purpose.
EXCEPTION: On specific instances, provisions of the ROC should be STRICTLY APPLIED as an exception…
 Matters pertaining to appeal – to file within 15 days (Calendar days)
 Matters pertaining to special proceedings – to file within 30 days
 Matters pertaining to relief from judgment – under Rule 38: To file a petition for relief from judgment within 60
days from the knowledge about the judgment but not more than 60 months from entry of judgment.

PURPOSE OF REMEDIAL LAW – To ensure that substantive laws would be properly enforced.

Action- is a suit filed in court for the protection and enforcement of a right and prevention and redress of a wrong
Cause of action-is a wrongful act committed by the defendant in violation to the primary right of the plaintiff
Right of action-is remedial right granted by the law to a party to institute an action against a person who committed a
wrongful act against him

3 PRINCIPAL ACTIONS UNDER THE ROC:

1. Civil action – one by which a party sues another for the enforcement or protection of a right, or a redress or
prevention from a wrong.
2. Criminal action – one by which the state prosecutes a person for an act or omission punishable by law (RPC).
3. Special proceedings – legal remedy by which one person would like to establish status, right, or a particular fact.

ELEMENTS OF CAUSE OF ACTION:

1. There must be a legal right on the part of the plaintiff.
2. There is obligation on the part of the defendant to respect the right of the plaintiff.
3. There must be an act or omission on the part of the defendant in violation of such legal right of the plaintiff.

If to be related to substantive law – Obligations and Contracts

 Sources of obligations:
1. Law
2. Contracts – agreement between parties
3. Quasi-contracts
4. Delicts
5. Quasi-delicts
 NOTE: Only 2 main sources of obligations – Law and Contracts

QUESTION: How to determine the existence of cause of action?

ANSWER: Determined by the allegations in the pleadings (i.e. initiatory pleading) submitted by the party. Prayer (relief
sought by the plaintiff) must be excluded.

RIGHT OF ACTION – right to file the case

FOUNDATION OF CIVIL ACTIONS – Cause of action

 RULE: Every civil action, whether it is an ordinary or special civil action, must always be founded upon the cause
of action otherwise, the case will be dismissed. Even if the cause of action accrues during the pendency of the
trial, it will not change the fact that the case is dismissible because the cause of action must be present at the
time of the filing of the civil case.
 EXCEPTIONS:
o Cases which don’t require cause of action:
1. Declaratory relief – purpose is to be clarified; filed even before there is breach.
2. Interpleader – a scenario wherein the one who is in possession of a property, there are
various/multiple claimants.
3. Expropriation – the right of the state to eminent domain; property being taken by the government
because it will be utilized for public purpose; the one who files the case for expropriation can also
be the supposed intruder/violator.
QUESTION: What is the effect when there is a failure to state the cause of action in the civil case that was filed? And
when do you say that there is failure to state the cause of action?
ANSWER: In effect, the case will be dismissed. There is failure to state the cause of action when the elements of the
cause of action as stated before aren’t present in the pleadings.

CIVIL PROCEDURE NOTES 02/19/22

NOTE: If one of the 3 elements of cause of action is missing, there is no cause of action.

SOURCES OF OBLIGATION – corresponding legal rights of the plaintiff (Art. 1157, Civil Code)
1. Law
2. Contract – entering into agreement with another thereby being bound to the terms & conditions of the contract
you entered into.
3. Quasi-contract – there is no agreement between the parties but the law states that there is a contract and
therefore you have to comply.
4. Delicts
5. Quasi-delicts

RULE: Every civil action, whether ordinary civil action or special civil action, must always be founded on the cause of
action.
 Ordinary civil action – governed by Ordinary Rules (Rule 1-56)
 Special civil action – governed by Rules 57-72
EXCEPTIONS:
1. Expropriation – one of the inherent powers of the state to take a private property for public use upon payment
of just compensation. Here, the intruder may also file the civil action.
2. Declaratory relief – scenario wherein the petitioner comes to court for the proper interpretation of a doubtful
provision in a contract/ordinance/law/written document. In effect, the petitioner hasn’t really breached or acted
or omitted anything that violated the rights of another since he is seeking declaratory relief from court.
3. Interpleader – one is in possession of a personal property but admits that he is not the actual owner of the
property and there a various claimants for it. In effect, the petitioner is one who is not even interested in the
property.

DETERMINATION OF CAUSE OF ACTION - Allegations in the pleadings except the prayer for relief.

FAILURE TO STATE THE CAUSE OF ACTION

 There is inability on the part of the plaintiff to state in its allegations, the elements of the cause of action.
 There is cause of action only that the plaintiff fails to present the same in his complaint.
 EFFECT: Dismissal of the case

LACK OF CAUSE OF ACTION – There are no factual basis for the elements of the cause of action.

QUESTION: Is this an absolute rule that failure to state the cause of action will result to dismissal of the case?
ANSWER: According to Rule 16, one of the grounds for a motion to dismiss is failure to state a cause of action. But the
answer to this is NO because there are instances where the case would still proceed even when there is failure to state
the cause of action. The following instances are:
 Representative party – The case was filed not by the party of interest but by the authorized person, through
special power of attorney. In effect, the one (representative party) who filed the case has no cause of action or
has no legal right to demand from the defendant but nevertheless, the case will still proceed.
 Unwilling co-plaintiff – In this scenario, the willing co-plaintiff will be the one to file the civil action which might
lead to a lacking element of cause of action.
 Class suit – There should only be parties who will bring the suit who are sufficient to protect the interest of the
group (e.g. fisherfolk, indigenous groups).
o REQUISITES:
1. Common or general interest (identifiable) in the subject matter.
2. The affected parties are so numerous thereby making it impractical to bring all of them in court.

QUESTION: Can there be cause of action even if the complainant/plaintiff is not injured?
ANSWER: YES, because the existence of injury or damage is not included in the definition of the cause of action. It is
enough that there is an act or omission that was committed by the defendant in violation of the right of the plaintiff but
damages/injuries weren’t necessarily implied in the definition or elements of the cause of action.

FACTORS THAT PREVENT A CAUSE OF ACTION FROM ACCRUING (ACCUMULATING):

1. Compliance with barangay conciliation – in relation to Katarungang Pambarangay Law (RA No. 7160)
o Certain cases must pass through barangay conciliation first before directly filing in court, otherwise, it
will be dismissed for non-compliance with the prerequisites of the said law.
o PURPOSE: To try and come up with the solution before going to court.

o MODES OF SETTLING DISPUTES:

a. Conciliation – third party (conciliator) studies the dispute and later on comes up with a solution
to which he will offer to the disputing parties. It is up to the said parties whether to accept that
offer of solution coming from the conciliator.
b. Mediation – third party (mediator) discusses the dispute together with the disputing parties and
they try to come up with the solution to the problem. Mediator actively participates with the
disputing parties.
c. Arbitration – the parties to the dispute agrees to refer the matter to a third party
(arbitrator/arbiter). Whatever may the arbiter’s decision will be, it is binding between the said
parties. – e.g. Labor Cases
o NOTE: Certificate to File Action – to be filed by the barangay if it failed to settle the dispute of parties; It
should be attached with the complaint so that if the civil case is filed in court, it will not be dismissed
due to lack of certification.
2. Exhaustion of efforts or settlement between and among family members
o Family Relations (in the Family Code) – relationship between:
a. Husband and wife
b. Parents and children
c. Other ascendants and descendants
d. Between siblings, whether full or half-blood
o Efforts must have been exhausted trying to resolve the conflict between and among the family
members. If no such efforts were exhausted, even if you have the cause of action in the civil case, your
case will not proceed.
o REMEDY: You must allege that you have exhausted all efforts to settle the dispute among family
members.
3. Principle of exhaustion of administrative remedies
4. Certification against forum shopping
o To attach with the complaint and attesting that you are trying to assure the court that this case has not
been filed in any other court/forum but only in this court.

CLASSIFICATION OF CIVIL ACTIONS (PURPOSE: venue and subject matter):

1. Personal Action
 If what you intend to recover are personal properties or to enforce a contract and to claim damages.
 VENUE: Residence of parties involved, either in the residence of the plaintiff, or the residence of the
defendant, or option of the plaintiff.
2. Real Action
 If what you intend to recover is a real property.
 VENUE: Province or city where the property lies or is situated.
CLASSIFICATION OF CIVIL ACTION (PURPOSE: determining the binding effect):
1. Action in Personam – action that is directed against the particular person, therefore, the binding effect is only
against that particular person and no one else.
2. Action in Rem – action that is directed against the property, res, or the thing itself and not the particular person,
therefore binding effect is against the whole world.
3. Action Quasi in Rem – action wherein the defendant is a particular person and yet the objective is to bind the
thing or res. Nor in personal, nor in rime

CLASSIFICATION OF CIVIL ACTION (PURPOSE: venue where the action may be filed):
1. Local Action – it can only be filed in a particular or fixed place.
 Ex. Real action
2. Transitory Action – it can be filed anywhere at the option of the parties.
 Ex. Personal action

RULE: There must only be 1 suit for a single cause of action.

 1 right violated from 1 unlawful/wrongful act – 1 cause of action
 2 rights violated from 1 wrongful act
o 1 person = 1 cause of action
o 2 persons = 2 causes of action

SPLITTING OF THE CAUSE OF ACTION

 One files many suits/cases in different courts which leads to its dismissal.
 2 suits filed arising from 1 cause of action.

QUESTION: Can there be a single cause of action and 2 suits?

ANSWER: NO, because the effect of such (splitting of cause of action) would result to dismissal of the case on the
grounds of the following:
 Litis Pendentia – Sec. 1, Rule 16, ROC
o There is a case which has been filed during the pendency of the similar case.
 Violation of the rule against forum shopping – Sec. 5, Rule 7, ROC
o It is a requirement that in your pleading, you have to indicate a certification against forum shopping
stating that you did not file the same case with the same cause of action in different courts/forums so
that when the court, upon learning that there was another case filed, they would know about the
undertaking you made beforehand. Failure to do so would lead to dismissal of the case.
o RATIONALE: In order to avoid the possibility that there could be conflicting decisions which are not good
to judicial stability.
o Best ground to invoke (as counsel of the defendant) - dismissal will be with prejudice because an
undertaking was already made and assurance was given to the court that there aren’t any similar cases
filed in different courts and the defendant deliberately omitted these facts through the certification
against forum shopping.
 Res Judicata – Sec. 1, Rule 16. ROC
o Bar by prior judgment
o There is already a suit arising from the cause of action but ended up losing on that case so in res
judicata, one refiles the case on the same cause of action which in effect, would lead to dismissal of the
case.

JOINDER OF CAUSES OF ACTION

 It is not compulsory; It is merely permissive or discretionary upon the court to whether or not allow the joinder
of different causes of action.

 One must need to prove something or to present a specific condition before the court so that they will allow the
joinder.
 CONDITIONS:
1. You have to present to the satisfaction of the court that you have observed the rules of joinder of parties.
2. Joinder shall not include special civil actions or actions governed by special rules.
3. Causes of action between the same parties but pertain to different venues/jurisdiction should be filed in
the RTC provided that one of the causes of action falls within the jurisdiction of the said court and the
venue lies therein.
o REASON: RTC is a court of general jurisdiction
4. Totality Test or Totality Rule – 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.