Civil Procedure

Front 1

Define

1. Civil action

2. Criminal action

3. Special proceeding

Back 1

1. One by which a party sues another for the enforcement or protection of a right OR the prevention or redress of a wrong.

2. One by which the state prosecutes a person for an act or omission punishable by law.

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

Front 2

In what cases are the rules not applicable?

Back 2

NICOLE

Naturalization

Insolvency

Cadastral proceedings

Other cases

Land registration

Election cases

Front 3

How are rules construed?

Back 3

Liberally construed in order to promote their objective of securing a just, speedy and inexpensive disposition of cases.

Front 4

Cause of action

Back 4

An act or omission by which a partt violates a right of another. Cause of action is determined by the allegations in the complaint.

Front 5

Effect of splitting a single cause of action

Back 5

The filing of one or a judgment upon the merits in any one is available as a ground for the dismissal of others.

Front 6

Joinder of causes of action

Back 6

A party may assert in one pleading as many causes of action as he may have against an opposing party subject to the ff conditions:

1. Shall comply with rules on joinder of parties

2. Shall not include a special civil actions or action governed by special rules

3. If it pertains to diff venues or jurisdiction, the joinder may be allowed in RTC provided one of the cause of action falls within its jurisdiction

4. Where the claims in all causes of action are principally for recovery of money, the aggregate amount shall be the test of jurisdiction.

Front 7

Failure to state cause of action VS lack of cause of action

Back 7

Failure to state coa - insufficiency of the allegations in the pleading and such may be raised at the earliest stages of proceeding thru motion to dismiss

Lack of coa - insufficiency of factual basis and may be raised only after questions of fact have been resolved thru a demurrer to evidence under R33

Front 8

Elements of litis pendentia

Back 8

1. Identity of parties

2. Identity of rights asserted and reliefs prayed for

3. Any judgment that may be rendered in the pending case would amount to res judicata in other case.

Front 9

Principle of anticipatory breach

Back 9

Where the obligor manifests refusal to perform not only one prestation but all other prestations, the "contract is entire and the breach total" and constitutes only one cause of action.

Front 10

Totality rule

Back 10

In cases of joinder of causes of action, where the claim in all causes of action involves recovery of money, the test of jurisdiction shall be the aggregate sum of all claims.

Front 11

Real party-in-interest

Back 11

The party who stands to be benefited or injured by the judgment in the suit or the party entitled to the avails of the suit.

Front 12

Class suit

Back 12

When the subject matter of the controversy is one of common or general interest to many persons so numerous that it is impracticable to join all as parties, a number of them which the court finds to be sufficiently numerous and representative as to fully protect the interests of all concerned, may sue or defend for the benefit of all.

Front 13

Effect of death of party upon a pending action

Back 13

Duty of counsel to inform the court within 30 days of the fact thereof and give name and adress of his legal representative.

Failure of counsel shall be a ground for disciplinary action. The heirs may be allowed to be substituted for the deceased.

If no legal rep is named by counsel or the one so named shall fail to appear within specified period, the court may order the opposing party to procure the appointment of an executor or administrator.

Front 14

Permissive joinder of parties

Back 14

1. right to relief in respect to or arising out of the same transaction or series of transaction

2. Any question of law and fact common to all such plaintiffs

Front 15

Venue of real action

Back 15

Actions affecting title to or possession of real prop or any interest therein shall be commenced in the proper court where the real prop is situated

Front 16

Venue of personal action

Back 16

In the court where the plaintiff resides or where defendant resides at the option of plaintiff.

Front 17

Requisites for venue to be exclusive

Back 17

1. Valid written agreement

2. Executed before the filing of the action

3. Venue is exclusive or restrictive in nature

Front 18

Venue: Briones vs CA

Back 18

A complaint directlt assailing the validity of the written instrument itself should not be bound by the exclusive stipulation contained therein and should be filed in accordance with the general rules on venue.

"briones cannot be expected to comply with aforesaid venue stipulation, as his compliance therewith would mean an implicit recognition of their validity."