John Mark S.

Tocalo
Juris Doctor - Liceo de Cagayan University
College of Law
May 31, 2019

Key Points Notes

Chapter I
1. What is a Complaint? General Principles
2. Comp. Primary I. INTRODUCTION TO ORDINARY CIVIL ACTION
purpose?
3. When complaint is I. Complaint
filed?  is the pleading alleging the plaintiff’s cause or cause of action. The names
4. What is a cause of and residences of the plaintiff and defendant must be stated in the
action? complaint. (Rule 6 sec. 3)
5. Cause of action  filed with the court by a party called Plaintiff
requirement?  Primary purpose: to sue another for the enforcement or protection of a
6. Sufficiency Test? right, or prevention or redress of a wrong.
7. Is instituting more than
one suit allowed? A. Right of action and cause of action
8. What is joinder of
cause of action? 1. A complaint is filed because the lawyer initially determines that the plaintiff has
a cause of action against the defendant based on the provisions of substantive
Insert Bar Q’s if any: law. It is actually the substantive law which supplies the legal basis for a cause
of action.

2. A procedural law only outlines the methods and processes by which one may
sue another for the enforcement or protection of his rights, it is substantive law
which supplies the basis for the existence of the right itself and the
corresponding legal prerogative to demand his protection.
(ex. Quasi-delict of Art. 2176 of Civil Code, Delicts, Independent civil actions in
Art. 33 or Provisions of the Revised Penal Code)

3. Cause of Action
 is the act or omission by which a party violates a right of another. (Rule 2
Sec. 2)
 this right to file a suit is called a right of action – which is the consequence
of the violation of the right of the plaintiff.
 Hence the Rule: “there is no right of action where there is no cause of
action”
 REQUIREMENT FOR CAUSE OF ACTION: Sufficiency of the alleged facts
not the veracity.
 SUFFICIENCY OF AVERMENT TEST: Provided that facts alleged are true,
the court can render a valid judgment upon the same in accordance with
the prayer in the complaint.

4. General Rule: Instituting more than one suit by the plaintiff for a single cause of
action is prohibited by the rules. (ex. Sum of money in one complaint and sue
separately for recovery of interest)
Except for: Joinder causes of action

Summary:

1
John Mark S. Tocalo
Juris Doctor - Liceo de Cagayan University
College of Law
May 31, 2019

Key Points Notes

1. What is jurisdiction? B. Jurisdiction

2. What is the rule on
jurisdiction? 1. Before preparation of complaint – determine first the court that should take
3. Where does rule on cognizance of the action – inquiry into the laws on jurisdiction.
jurisdiction found?
4. What is venue? General Rule: Plaintiff is obligated to file his complaint in the court upon which
5. What is the rule on the law has conferred jurisdiction over the subject matter of the action.
venue? Otherwise: dismissal may be commenced either upon proper motion by the
6. How do you file an adverse party or upon the court’s own motion (moto proprio in this case)
ordinary civil action?
7. What is restrictive 2. Remember that laws on jurisdiction is a matter of substantive law, not of mere
stipulations on venue? procedure found in the Rules of court.
Why found in SL?
Insert Bar Q’s if any: (ex. Substantive law will tell us that jurisdiction over civil actions and probate
proceedings is determined by the value of the personal property, estate or
demand and also place where the action is to be instituted, whether the same is
filed in Metro Manila or outside of it.)

C. Venue

1. After determination of the proper jurisdiction the counsel now goes to

determine the venue where the action is to be filed.

General Rule: A complaint even if filed with court of appropriate jurisdiction may
run at risk of being dismissed if commenced in the wrong venue. However,
unlike in the laws on jurisdiction which authorize the dismissal of the court on
its own motion, the laws on venue does not.
Except: when so authorized by a special rule like Revised Rule on summary
procedure, which states that the court may dismiss the case outright on any of
the grounds for the dismissal of a civil action.

2. To determine the venue of the ordinary civil action – plaintiff should consider if
the action to be filed is real or personal action.

Real action – is one that affects title to, possession of or any interest in the real
property, the action shall be commenced and tried in the place where the real
property involved is situated.
Personal action – those that are not real actions. The action may be commenced
and tried in the place where the plaintiff resides or where the defendant resides,
or in a case of non-resident defendant, where he may be found, at the election
of the plaintiff.

3. Doctrine of restrictive stipulations: if parties agreed in writing on the venue and

is contemplated to be so exclusive, then the place stipulated is the only venue
of the action. The stipulation precludes the filing of the action in some other
place.
Summary:

2
John Mark S. Tocalo
Juris Doctor - Liceo de Cagayan University
College of Law
May 31, 2019

Key Points Notes

1. Who is a party in D. Parties

interest? 1. Determine if the party involve is a real party-in-interest.
2. Who are defendants?
3. Explain the doctrine of Real Party-in-interest: must be one who “stands to be benefited or injured by
prescription and the judgment in the suit, or the party entitled to the avails of the suit.”
conditions precedent?
4. What are actions that 2. After determination of the above parties, counsel now determines who are to
constitute element of be impleaded as defendants. And identifies whether defendant is an
the condition indispensable party or necessary part.
precedent?
Indispensable party
Insert Bar Q’s if any:  his joinder is compulsory
 Without this party, no final determination could be had of an action.
Necessary party
 He is not compulsory
 Non-inclusion of this party does not prevent the court form proceeding
with the action although, without such party, no complete relief may be
accorded as to those already parties.

E. Prescription and conditions precedent

1. Rule on Statute of limitations

Doctrine of SL: The principle behind is that when it appears in the pleadings or
the evidence on record that the action has prescribed, the court is mandated by
the Rules to dismiss the claim. When dismissed on the ground of prescription,
the refiling of the same action or claim is barred.

2. Rule on the Performance of conditions precedent

Doctrine of PCP: The principle behind is that parties need to undergo arbitration
processes before seeking judicial relief when so required by contractual
stipulations.
Note: Compliance of the conditions precedent is not sufficient, compliance
therewith must be alleged in the complaint for it to sufficiently state a cause of
action.

3. Conditions precedent which constitute elements of the plaintiff’s cause of

action.

Doctrine PCP elements example:

 In a collection of sum should be precede by demand to pay
 In an unlawful detainer should be preceded by a demand to pay and
vacate the premises
 In an actions bet. Members of the family should be preceded by attempts
to have settled and compromise in accordance with Art. 151 of FC.

Summary:

3
John Mark S. Tocalo
Juris Doctor - Liceo de Cagayan University
College of Law
May 31, 2019

Key Points Notes

1. What are important F. Preparation of the complaint

keys in preparing a 1. The rule on Ultimate facts
complaint?
2. What is an ultimate Doctrine of Ultimate facts: The principle behind is that preparation of a
facts? complaint requires not a narration and an exposition of evidentiary matters but
3. What is the rule of suit properly a statement only of the ultimate facts which constitute a party’s claim
predicated upon a or defense. Such facts are to be alleged plainly, concisely and directly in a
fraudulent acts? methodical and logical form.
4. Is specific denial  Evidentiary matters are to be presented in the trial not in pleading
sufficient to deny a  Conclusions of law are to be made by the court and not by a party
document?
5. Cause of action is 2. If the suit is predicated upon the alleged fraudulent acts of the defendant, the
primarily determine in rule requires that the circumstances constituting the fraud or mistake must be
the allegation, does a stated with particularity to enable the court to determine the type of fraud
relief sought be committed by the defendant and the subsequent liability of the defendant, if
specified in a there be any.
complaint?  Averment of mistakes must be in a particular narration
6. What constitute if  However, averments of malice, intent, knowledge or other condition of
counsel signed the the mind of a person, may, however, be averred generally.
complaint?
7. Rule on verification of 3. In action based on document, as when a collection suit is based upon a
pleading? promissory note – such must be properly pleaded setting forth the substance of
8. What is certification the document and attaching the copy thereof.
against forum  If defendant opt to deny, it must not be specific denial but under oath
shopping? otherwise deemed to have admitted the genuineness and due execution
of the note.
Insert Bar Q’s if any:
4. The rule is that complaint must specify the relief sought even if the nature of the
cause of action is primarily determined by the allegations in the body of the
complaint and not by the prayer.

5. Complaint must be dated and signed by the party or counsel. It is mandatory

because and unsigned complaint produces no legal effect.

6. When the counsel singed the pleading, this constitute a certificate that he has
read the pleading, that to the best of his knowledge, information and belief,
there are good grounds to support it and it is not interposed for delay.

7. Designate the address of the party or his counsel.

8. GR: Pleadings need not be verified, unless specifically mandated by the law.

9. Complaint and other initiatory pleading must be accompanied by a certificate

against forum shopping – where the plaintiff certifies that he has not
commenced any action or filed any claim involving the same issue in any
tribunal.
Summary:

4
John Mark S. Tocalo
Juris Doctor - Liceo de Cagayan University
College of Law
May 31, 2019

Key Points Notes

1. What are provisional G. Provisional Remedies

remedies? 1. The plaintiff may avail of any provisional remedies depending on the nature of
2. How do you ask the the action – like preliminary attachment, preliminary injunction, receivership,
court for provisional replevin and support pendente lite.
remedies?
3. What are required in 2. In a suit of Forcible entry – a writ of preliminary mandatory injunction may be
filing a complaint? availed by plaintiff to restore him in possession of his land during the pendency
of the case.
Insert Bar Q’s if any:
3. In a collection of sum of money – where the defendant is about to depart the
Philippines the plaintiff may ask for Preliminary attachment of properties to
secure future execution of the judgment.

 In Action to Support – the plaintiff may ask the court to order the
defendant to give support while action is pending – the remedy is known
as Support Pendente Lite.
 In Action of wrongly cut off power supply the plaintiff may ask the court
to issue a writ of preliminary mandatory injunction to restore the power
while pending litigation.

H. Filing of the complaint

1. After compliance of the above preparation, complaint can now be filed by
presenting the same to the clerk of court.

2. If it is filed it must be accompanied by the payment of docket and filing fees.

GR: The court acquires jurisdiction over the case only upon payment of the
prescribed fees. Without payment, the complaint is not considered filed.
Payment of the full amount of the docket fee is mandatory and jurisdictional.

Exception: Payment is made within reasonable time but not beyond prescriptive
period. If the fees are not paid at the time of the filing, the court acquires
jurisdiction only upon full payment of the fees within a reasonable time, as the
court may grant, barring prescription.

3. On Appeal – the same law applies as to payment. The payment of docket fees
within the required period is mandatory for the perfection of an appeal.

4. When complaint is filed and prescribed fees are paid, the action is deemed
commenced. The court now acquires jurisdiction over the person of the plaintiff
and the running of prescriptive period for the action is interrupted.

Summary:

5
John Mark S. Tocalo
Juris Doctor - Liceo de Cagayan University
College of Law
May 31, 2019

Key Points Notes

1. When can a complaint I. Possible proceedings after the filing of the complaint
be dismissed?
2. When is notice of 1. Dismissal of the action by the plaintiff
dismissal not allowed?
3. When motion to - BEFORE the adverse party has served answer, plaintiff may file Notice of
dismiss is be filed? dismissal.
4. When is amendment a  Court will order confirming the notice of dismissal
matter of right?  The dismissal is without prejudice of refiling unless stated in the notice
5. When is there a leave or when refiling is barred by what the law calls “the two dismissal rule”
of court in the because the action had already been previously dismissed twice by the
amendment of the plaintiff.
case? - AFTER the service of the answer or a motion for summary judgment, plaintiff
6. When amendment are can no longer have his action dismissed by mere notice. Plaintiff now has to
not allowed? file a Motion to dismiss his complaint.
7. Other than mentioned  The dismissal is now a matter addressed to the sound judicial discretion
above, when may because this type of dismissal is no longer a matter of right.
amendment arise  A counterclaim however, already pleaded prior to the motion to dismiss
without the need of is not affected by the dismissal of the complaint and is without
actual amendment of prejudice to the right of defendant to prosecute his counterclaim in the
the complaint? same or separate action.
Note: this kind of dismissal is deemed a dismissal without prejudice,
Insert Bar Q’s if any: unless otherwise stated in the court order.

2. Amendment of the complaint

Note: That amendment of the pleading is a matter of right as long as it is made
before the other party has served his responsive pleading.
 In this case if the plaintiff amend his complaint the court has no
discretion on the matter. If the court refuses, it may be compelled to do
so through the special civil action of mandamus. Note: this can only be
done once.
 Note: in amending the complaint the plaintiff even after a motion to
dismiss has been served may amend as a matter of right. Reason:
because the motion to dismiss is not responsive pleading.
 However, if responsive pleading has been served amendment must be
with the leave of court (Judicial Discretion). Reason: amendment is no
longer a matter of right.
 When amendments are not allowed?
a. Amendment is intended for delay
b. Is no longer a matter of right and the amendment would result in
a drastic change in the cause of action, defense or theory of the
case
c. When court has no jurisdiction over the subject matter of the case
and the amendment is for the purpose of conferring jurisdiction
upon the court where the amendment is no longer a matter of
right

Summary:

6
John Mark S. Tocalo
Juris Doctor - Liceo de Cagayan University
College of Law
June 1, 2019

Key Points Notes

1. When is summons II. Summons

required?
2. What is substituted 1. Upon compliance of the above preparation of complaint, the clerk of court shall
summons? issue the corresponding summons to the defendant directing to answer to the
3. Is publication complaint – in the absence thereof, a Judgement by default will be rendered by
equivalent to a the court.
substituted
summons? Note:
4. What is an action in  Attached to the summons is a copy of complaint
personam?  Both copies are to be served upon defendant in person, however, if
5. What are classes of cannot be served despite diligent effort summons may be served through
defendants and how substituted service.
is service of summons Note: GR - Substituted Service must be done at the residence of the
be served? defendant or his regular place of business with a qualified person to
6. What is/are the receive the summons in accordance with the rules.
exception to the Except: Summons by publication as it is not a recognized mode of service
service of summons? for purposes of acquiring jurisdiction over the person of the defendant.

Insert Bar Q’s if any: 2. Actions in personam: where court acquire jurisdiction over the person of the
defendant by service of summons. Note: this is a compliance with the rule on
notice – an essential element of constitutional due process.

3. Summons upon certain classes of defendants:

 Defendant is minor, insane or incompetent: service of summons shall be

made upon him personally and on his legal guardian. If none, on his
guardian ad litem. In case of a minor, upon his father or mother.
 Defendant is a domestic corporation or partnership: service may be
made on certain specific persons like president, managing partner,
general manager, corporate secretary, treasurer, or in-house counsel.
 Defendant is prisoner confined in jail or institution: service shall me
effected upon him by the officer having management of the jail or
institution. Note: management is deputized as special sheriff for said
purpose.

4. The rule is that summons is not always required to enable the court to acquire
jurisdiction over the defendant in certain actions. It can be dispensed with if
the defendant makes a voluntary appearance. Note: Voluntary appearance
shall be equivalent to service of summons.

Summary:

7
John Mark S. Tocalo
Juris Doctor - Liceo de Cagayan University
College of Law
June 1, 2019

Key Points Notes

A. Motion for bill of particulars

1. Although summons directs the defendant to file an answer however, he is not
procedurally under no obligation to file an answer if he finds certain material
allegations ambiguous, in this case he may file a motion for bill of particulars.
And upon order of the court the plaintiff may submit his bill of particulars.
Note: this motion is not solely directed to the complaint but so any other
pleading as well.

2. A hearing is not required for this motion, the court may either deny or grant the
motion outright or allow the parties the opportunity to be heard.

3. If the motion is granted the party directed to submit may comply the order
within 10 days from notice.
Note: If the order not obeyed or compliance of it is insufficient, the court may
strike-out the pleading or portion of it or make other orders as it may deem just.

B. Motion to dismiss

1. After compliance of the complaint

Summary: