Civil Procedure:

Cases where the Rules of Court is not applicable:

1. Election cases
2. Land Registration cases
3. Insolvency proceedings
4. Citizenship/Naturalization

Jurisdiction v. Venue

Jurisdiction
Authority of the court to hear
and decide the case
Always conferred by law, the
law is the law in force at the
time of the commencement of
the action
Cannot be waived
Courts of different levels that
may act on the case
Venue
The place or geographical
area where an action is to
be filed and tried
May be agreed upon by the
parties in the civil cases
May be waived by:
1. Failure to object
through a motion to
dismiss or through
an affirmative
defense
2. Stipulation of the
parties
Courts at different places

Changes in the rules governing jurisdiction:

1. SEC jurisdiction in intra-corporate controversies has been transferred to RTC. (DIED-I)

a. Devise or scheme intended to Defraud or detrimental to the interest of the public
b. Intra-corporate relations
c. Controversies in the Election of directors, trustees, officers or managers
d. Derivative Suits
e. Inspection of corporate books and records
2. Controversies between subdivision owners and buyers are to be resolved by the HLURB

Effect of a stipulation on venue

- If the stipulation on venue is not exclusive or restrictive to a particular court, the same shall be
regarded only as an addition to what the rules of court had provided as the place of venue, but
if the stipulation specifically allows the filing of the case only in a particular court, that
stipulation will control.
Limitation: If the stipulation will go against the constitutionally guaranteed right of every citizen to have
free access to the court, the stipulation will not be perfected because it will be regarded as contrary to
public policy. (Ex. When a stipulation that any controversy will be settled within the proper court of
Bacolor, Pampanga which was already covered by lahar would be considered as not imposed. To allow
the stipulation to control would virtually amount to a denial of free access to the court.)

Actionable Document

- A document is said to be actionable when the plaintiffs cause of action is based thereon or the
defendants defense is predicated thereon.
- It must be pleaded as an actionable document, otherwise, it would be regarded as an
evidentiary document.

Actionable document Evidentiary document

The very basis of the complaint or
defense
Simple denial would brine about an
implied admission of genuineness
and due execution of the document
Simply corroborates or confirms an
averment in pleading
Even in simple denial, implied
admission and due execution of the
document will not accrue

Defenses

Negative Defenses Affirmative Defenses

Specific Denial Are in the nature of
confessions and avoidance

Ways of making specific denial:

1. Where the truth of the allegations is denied, then it becomes necessary for the defendant to
allege that is true as far as he knows the same.
2. Complete denial where he allege that he does not have sufficient knowledge or information of
the fact alleged in the particular paragraph and so he is not in the position to deny or admit the
same.
3. Qualified denial admitting what he cannot deny, denying what he cannot have known
- Where the denial which is required to be specifically made was not so pleaded, the rules punish
the pleader that instead of denial the effect would be implied admission.

Negative pregnant

- A denial implying its affirmative opposite by seeming to deny only a qualification of the
allegation and not the allegation itself.

Motion to declare defendant in default:

 1. Defendant did not file any answer or responsive pleading despite valid service of summons
2. Defendant filed an answer or responsive pleading but beyond the reglementary period; and
3. Defendant filed an answer to the court but failed to serve the plaintiff a copy as required by the
Rules

Grounds for judgment on the pleadings

1. The answer fails to tender an issue because of:

a. General denial of the material allegations of the complaint;
b. Insufficient denial of the material allegations of the complaint.
2. The answer admits material allegations of the adverse partys.

Summary judgment (accelerated judgment)

- It is proper where, upon motion filed after the issues had been joined and on the basis of the
pleadings and papers filed, the court finds that there is no genuine issue as to any material fact
except as to the amount of damages (Ley Construction & Dev. Corp. v. Union Bank of the Phil.,
G.R. No. 133801, June 27, 2000).

Note: A claimant may at any time after the pleading in answer thereto has been served, and the
defendant may, at any time, move with supporting affidavits, depositions or admissions for a summary
judgment in his favor upon all or any part thereof. (Secs. 1 and 2, Rule 35)

Pre-trial in Civil Cases Pre-trial in Criminal Cases

The accused is merely required to sign the
written agreement arrived at in the pre-trial
conference, if he is in conformity therewith.
The presence of the defendant is required unless he
Unless otherwise required by the court, his
is duly represented at the pre-trial conference by his
presence therefore is not indispensable.
counsel with the requisite authority to enter into a
compromise agreement. Failing in either of which,
Note: This is aside from the consideration that
the case shall proceed as if the defendant has been
the accused may waive his presence at all stages
declared in default.
of the criminal action, except at the
arraignment, promulgation of judgment or
when required to appear for identification.
The presence of the private offended party is
not required. Instead, he is required to appear
The presence of the plaintiff is required unless
at the arraignment of the accused for purpose
excused therefrom for valid cause or if he is
of plea bargaining, determination of civil liability
represented therein by a person fully authorized in
and other matters requiring his presence.
writing to perform the acts specified in Sec. 4, Rule
18.
Should he fail to appear therein and the accused
offers to plead guilty to a lesser offense
Absent such justification, the case may be dismissed
necessarily included in the offense charged, the
with or without prejudice.
accused may be allowed to do so with the
conformity of the trial prosecutor alone.
 The filing of a pre-trial brief is not required. It
A pre-trial brief is required with the particulars and only requires attendance at a pre-trial
the sanctions provided by Sec. 6, Rule 18. conference to consider the matters stated in
Sec. 1, Rule 118. (1997 Bar Question)

Intervention Interpleader
An original
An ancillary action
action
Presupposes
Proper when the
that the plaintiff
intervenor has legal
has no interest
interest in the matter
in the subject
of litigation or success
matter of the
of either of the parties,
action or has an
or interest against both
interest therein,
or may be adversely
which in whole
affected by
or in part, is not
distribution/disposition
disputed by the
of property in the
other parties to
custody of the court
the action
Defendants are
being sued
Defendants are already precisely to
original parties to the implead them
pending suit (Regalado, Vol.
I, p. 315, 2005
ed.)