CIVIL PROCEDURE & SPECIAL PROCEEDINGS

Reporters:

Bruce Rhick A. Estillote /Robinson Mark A. Alcubar/Sittie Naida B. Bantuas

You are the owner of a land over which an apartment had been constructed . By virtue of a contract of lease, you leased unto a certain person the aforesaid apartment for a consideration of certain amount per month as rental to be paid within the first ten (10) days of each month . But this certain person FAILED TO PAY the agreed rental for several months up to present. You now sent a letter of demand to vacate the apartment which was received by the defendant. Despite the action, which was repeated by oral demands, that person failed and still refused to pay the agreed amount of rentals and to vacated the apartment.

BEFORE YOU IS A CIVIL CASE WHICH YOU WOULD LIKE TO BE RELIEVED FROM.

Your concern can only be relieved through civil procedure.

CIVIL PROCEDURE

Civil procedures are the rules and procedures to be followed and observed as basis in handling civil proceedings. The two types of distinct actions in civil proceedings are Ordinary Actions and Special Proceedings.

Applicable in all courts, except otherwise provided by the Supreme Court (Rule 1, Sec 2)

Exceptions:1. Election cases2. Land Registration3. Cadastral4. Naturalization5. Insolvency

a. INITIATION OF ACTION

i. Civil Action – is one by which a party sues another for the enforcement or protection of a right or the prevention or redress of a wrong (Rule 1, Sec. 3)

2 kinds1. Ordinary2. Special

Cause of Action - The act/omission by which a party violates a right of another. [Rule 2, Sec. 2]”

Commencement of Action - by the filing of the original complaint in court. (Rule 1, Sec. 5)

Splitting Of Cause Of Action - The act of dividing a single or indivisible cause of action into several parts or claims and bringing several actions thereon. It is not allowed. A party may not institute more than one suit for a single cause of action.

Joinder Of Causes Of Action- If the plaintiff has several causes of actionagainst the same defendant, he may join them all in a single complaint, although he is not obligated to do so. The joinder of causes of action is not compulsory but purely permissive as the plaintiff can always file separate actions for each cause of action.

upon filing of complaint, there is issuance of summons, to which the complaint is attached to.

Summons- is a writ by which the defendant is notified of the action brought against him. Service of such writ is the means by which the court acquires jurisdiction over his person.Any judgment without such service in the absence of a valid waiver is null and void.

Jurisprudence mentions that the failure to pay docket fees or the proper amount, the action has not yet been commenced

ii. Parties

Requirements For A Person To Be A Party To A Civil Action1) He must be either:

a) A natural person;b) A juridical person; orc) An entity authorized by law.

1) The estate of a deceased person;2) A political party incorporated under Act 1459 [now BP 68

(Corporation Code)];3) A registered labor union [Sec. 243, PD 442 (Labor Code)], with

respect to its property.2) He must have the legal capacity to sue;3) He must be the real party in interest.

The rule is that only natural or juridical persons or entities authorized by law may be parties in a civil case.

Parties To A Civil Action:1) Plaintiff – One having interest in the matterof the action or in obtaining the reliefdemanded.

2) Defendant – One claiming an interest in thecontroversy or the subject thereof adverse tothe plaintiff.

iii. Venue Of Actions

Venue – Place of trial or geographical location in which an action/proceeding should be brought.

Jurisdiction - Power of the court to hear and decide a case

iv. Pleadings

Pleadings - They are the written statements of the respective claims and defenses of the parties, submitted to the court for appropriate judgment [Rule 6, Sec. 1]

Motion- an application for relief other than by a pleading. [Rule 15, Sec. 1]

A MTD is not a pleading. However, there are motions that actually seek judgment like a motion for judgment on pleadings (Rule 34) and motion for summary judgment (Rule 35).

Pleadings Allowed [Rule 6, Sec. 2]

1. Complaint - The complaint is the pleading alleging the plaintiff's cause or causes of action. The names and residences of the plaintiff and defendant must be stated in the complaint.

2. Counterclaim - A counterclaim is any claim which a defending party may have against an opposing party.

3. Cross-claim - A cross-claim is any claim by one party against a co-party arising out of the transaction or occurrence that is the subject matter either of the original action or of a counterclaim therein. Such cross-claim may include a claim that the party against whom it is asserted is or may be liable to the cross-claimant for all or part of a claim asserted in the action against the cross-claimant.

4. Third-party Complaint - A third (fourth, etc.) party complaint is a claim that a defending party may, with leave of court, file against a person not a party to the action, called the third (fourth, etc.) party defendant, for contribution, indemnity, subrogation or any other relief, in respect of his opponent's claim.

5. Complaint-in-intervention- If intervenor asserts a claim against either or all of the original parties.

6. Answer - An answer is a pleading in which a defending party sets forth his defenses.

7. Reply - A reply is a pleading, the office or function of which is to deny, or allege facts in denial or avoidance of new matters alleged by way of defense in the answer and thereby join or make issue as to such new matters. If a party does not file such reply, all the new matters alleged in the answer are deemed controverted. If the plaintiff wishes to interpose any claims arising out of the new matters so alleged, such claims shall be set forth in an amended or supplemental complaint.

8. Counter-counterclaim - any claim which a defending party may have against an opposing party.

9. Counter-crossclaim - any claim by one party against a co-party arising out of the transaction or occurrence that is the subject matter either of the original action or of a counterclaim therein.

b. JUDGMENT ON THE PLEADINGS

Where an answer fails to tender an issue, or otherwise admits the material allegations of the adverse party's pleading, the court may; on motion of that party, direct judgment on such pleading. (1a, R19)

Judgment on the pleadings is the fastest way to terminate proceedings compared to demurrer to evidence and summary judgments.

c. SUMMARY JUDGMENT

A judgment granted by the court for the prompt disposition of civil actions, if it clearly appears that there exists no genuine issue/controversy as to any material fact, except as to the amount of damages.

Filing of a motion for summary judgment does not interrupt the running of the period for filing an answer.

d. PRE-TRIAL

At the pre-trial conference, the following shall be done:

a. The judge will all tact, patience and impartiality shall endeavor to persuade the parties to arrive at a settlement of the dispute; if no amicable settlement is reached, then he must effectively direct the parties toward the achievement of the other objectives or goals of pre-trial set forth in Section 2, Rule 18, 1997 Rules of Civil Procedure.

b. If warranted by the disclosures at the pre-trial, the judge may either forthwith dismiss the action, or determine the propriety of rendering a judgement on the pleadings or a summary judgement.

c. The judge shall define the factual issues arising from the pleadings and endeavor to cull the material issues.

d. If only legal issues are presented, the judge shall require the parties to submit their respective memoranda and thereafter render judgment.

e. If trial is necessary, the judge shall fix the trial dates required to complete presentation of evidence by both parties within ninety (90) days from the date of initial hearing.