Civil Procedure

Question 1

What is an action?

Answer 1

An action is the LEGAL and FORMAL DEMAND of ONE’S RIGHT from ANOTHER PERSON made and insisted in a COURT of JUSTICE.

Question 2

What is an ordinary civil action?

Answer 2

It is one by which a PARTY SUES ANOTHER for the ENFORCEMENT or PROTECTION of a RIGHT, or the PREVENTION or REDRESS of a WRONG.

Question 3

What is a special civil action?

Answer 3

Special civil action refers to actions which, while governed by the Rules for ordinary civil action, are SUBJECT to SPECIFIC RULES prescribed for under Rules 62 to 71 of the Rules of Court.

Question 4

Define criminal action.

Answer 4

It is an ACTION by which the State PROSECUTES a PERSON for an ACT or OMISSION punishable by LAW.

Question 5

What is a special proceeding?

Answer 5

A special proceeding is an APPLICATION to ESTABLISH the STATUS or RIGHT of a party or a PARTICULAR FACT or ANY REMEDY other than an ordinary suit in a court of justice.

Question 6

What is the difference between personal action and a real action?

Answer 6

Personal actions are those NOT affecting TITLE TO or POSSESSION of REAL PROPERTY, or ANY INTEREST therein while a real action is an action affecting title to or possession of real property, or interest therein.

Question 7

What is the importance of determining the difference between personal and real actions?

Answer 7

The distinction between a real action and personal action is IMPORTANT for the purpose of DETERMINING the VENUE of the actions.

Question 8

What is the importance of knowing the distinctions between actions in personam, in rem, and quasi in rem?

Answer 8

The distinction is important to determine (1) whether or not jurisdiction over the person of the defendant is required and, consequently, to determine (2) the type of summons to be served.

Question 9

Can an action in personam be converted into an action in rem or quasi in rem?

Answer 9

Yes. In a complaint for recovery of money filed by the creditor against the debtor, the said action may be converted to action in rem or quasi in rem. Rule 57, Section 1 (f), that preliminary attachment could be issued in cases where the defendant could not be served with summons either by personal or substituted service. The remedy is for the plaintiff to ask for the issuance of a writ of preliminary attachment and to attach the property of the defendant in order for the court to acquire jurisdiction over the case at least over the attached properties.

Question 10

Can there be an action in rem which is a personal action?

Answer 10

Yes. The probate of a will wherein the estate consists only of personal properties is an action in rem which is at the same time a personal action. The probate of the will is a proceeding in rem. It is also a personal action because it does not violate title to or possession of real property.

Question 11

What are INDEPENDENT CIVIL ACTIONS?

Answer 11

Independent civil actions are those provided in Articles 32, 33, 34 and 2176 of the Civil Code. They may PROCEED INDEPENDENTLY of the criminal action and shall REQUIRE only a PREPONDERANCE OF EVIDENCE.

Question 12

What is a CAUSE OF ACTION?

Answer 12

It is the ACT or OMISSION by which a party VIOLATES the RIGHTS of another.

Question 13

Define right of action and give its elements.

Answer 13

Right of action is the right to commence and prosecute an action to obtain the relief sought. Its elements are:

(1) EXISTENCE of a CAUSE OF ACTION;
(2) PERFORMANCE of ALL CONDITIONS PRECEDENT to the bringing of the action; and
(3) RIGHT to BRING and MAINTAIN the action MUST be in the PERSON INSTITUTING it.

Question 14

Distinguish right of action from cause of action.

Answer 14

A CAUSE OF ACTION refers to the DELICT or WRONG committed by the defendants while RIGHT OF ACTION refers to the RIGHT of the PLAINTIFF to INSTITUTE the action.
A CAUSE OF ACTION is DETERMINED by the PLEADINGS while RIGHT OF ACTION is DETERMINED by SUBSTANTIVE LAW.
A CAUSE OF ACTION is NOT AFFECTED by the running of the STATUTE OF LIMITATIONS, by ESTOPPEL, or OTHER CIRCUMSTANCES while a RIGHT OF ACTION may be taken away by the running of the statute of limitations, by estoppel or other circumstances.

Question 15

FAILURE TO STATE A CAUSE OF ACTION

Explain the concept and effect of failure to state a cause of action.

Answer 15

If the elements of a cajuse of action are not extant, the complaint becomes VULNERABLE to a MOTION TO DISMISS on the GROUND of failure to state a cause of action. A defendant who moves to dismiss the complaint on the failure to state a cause of actiton HYPOTHETICALLY ADMITS all the averment thereof. The hypothetical admission extends to the relevant and material facts well pleaded in the complaint and inferences fairly deducible therefrom.

Question 16

Does a dismissal based on a failure to state a cause of action bar the subsequent re-filing of the complaint?

Answer 16

No. Dismissal of a complaint for failure to state a cause of action is one WITHOUT PREJUDICE. It DOES NOT BAR the SUBSEQUENT RE-FILING of the complaint.

Question 17

State the DISTINCTIONS between “failure to state a cause of action” and “lack of cause of action.

Answer 17

The distinctions are the following:

1) FAILURE TO STATE A CAUSE OF ACTION can be DETERMINED ONLY from the ALLEGATIONS in the INITIATORY PLEADING and NOT from EVIDENTIARY or OTHER MATTERS ALIUNDE. LACK OF CAUSE OF ACTION can be RESOLVED ONLY on the BASIS of the EVIDENCE he has PRESENTED in support of his claim.
2) There is FAILURE TO STATE A CAUSE OF ACTION where the COMPLAINT DOES NOT ALLEGE a SUFFICIENT CAUSE OF ACTION. There is LACK OF CAUSE OF ACTION where the EVIDENCE DOES NOT SUSTAIN the CAUSE OF ACTION ALLEGED.
3) The ground of FAILURE TO STATE A CAUSE OF ACTION is RAISED in a MOTION TO DISMISS under Rule 16 BEFORE A RESPONSIVE PLEADING IS FILED. The ground of LACK OF CAUSE OF ACTION is RAISED in a DEMURRER TO EVIDENCE under Rule 33 AFTER the PLAINTIFF has RESTED his CASE.
4) FAILURE TO STATE A CAUSE OF ACTION does not concern itself with the truth of the allegations in the pleading. LACK OF CAUSE OF ACTION arises precisely because the judge has determined the truth and falsity of the allegations and has found the evidence wanting.

Question 18

TEST of SUFFICIENCY OF CAUSE OF ACTION

What is the TEST of SUFFICIENCY OF A COMPLAINT?

Answer 18

The test of SUFFICIENCY of the facts found in a complaint as constituting a cause of action is WHETHER OR NOT ADMITTING THE FACTS ALLEGED, the COURT can RENDER a VALID JUDGMENT UPON THE SAME in accordance with the PRAYER thereof.

Question 19

SPLITTING A CAUSE OF ACTION AND ITS EFFECT

What is meant by SPLITTING OF CAUSES OF ACTION?

Answer 19

Splitting a single cause of action is the ACT of INSTITUTING TWO or MORE SUITS for the SAME CAUSE OF ACTION.

Question 20

What is the EFFECT of SPLITTING OF A SINGLE CAUSE OF ACTION?

Answer 20

If TWO or MORE SUITS are INSTITUTED for a SINGLE CAUSE OF ACTION, the FILING of one (litis pendentia) or a JUDGMENT UPON THE MERITS in one (res judicata) SHALL BE A GROUND FOR THE DISMISSAL of the others. As to WHICH ACTION is TO BE DISMISSED would LIE within the DISCRETION of the COURT and the PREVAILING CIRCUMSTANCES of the case.

Question 21

There was foreclosure of mortgage due to debtor’s failure to pay an obligation. The debtor filed a complaint for declaration of nullity of the foreclosure proceeding and a separate complaint for damages arising out of the foreclosure proceedings. Is the Rule against splitting a cause of action violated?

Answer 21

Yes. There was filing of multiple cases based on the same cause of action although with different prayers. Two remedies that arose from one wrongful act cannot be pursued in two different cases.
Reason: TO PREVENT REPEATED LITIGATIONS BETWEEN the SAME PARTIES in regard to the SAME SUBJECT OF CONTROVERSY, and TO PROTECT THE DEFENDANT from UNNECESSARY VEXATION.

Question 22

JOINDER AND MISJOINDER OF CAUSES OF ACTION

What is JOINDER OF CAUSES OF ACTION?

Answer 22

A joinder of causes of action is the UNITING of TWO or MORE DEMANDS or RIGHT of ACTION in a COMPLAINT. The QUESTION of the joinder of causes of action INVOLVES in particular cases a PRELIMINARY INQUIRY as to WHETHER TWO or MORE CAUSES OF ACTION are ALLEGED.

Question 23

State the TESTS involved in a joinder of causes of action.

Answer 23

In declaring whether more than one cause of action is alleged, the MAIN THRUST is WHETHER MORE THAN ONE PRIMARY RIGHT or SUBJECT OF CONTROVERSY is PRESENT. Other tests are:

1) Whether RECOVERY on ONE GROUND would BAR RECOVERY ON THE OTHER;
2) Whether the SAME EVIDENCE would SUPPORT the OTHER DIFFERENT COUNTS;
3) Whether SEPARATE ACTION could be MAINTAINED for SEPARATE RELIEF; or
4) Whether MORE THAN ONE DISTINCT PRIMARY RIGHT or SUBJECT OF CONTROVERSY is ALLEGED for enforcement or adjudication.

Question 24

Are there any LIMITATIONS to the JOINDER OF CAUSES OF ACTION?

Answer 24

The joinder of causes of action is ALLOWED subject to the following conditions:

1) The PARTY joining the causes of action SHALL COMPLY with the RULES ON JOINDER OF PARTIES;
2) The JOINDER SHALL NOT INCLUDE SPECIAL CIVIL ACTIONS or ACTIONS GOVERNED BY SPECIAL RULES;
3) Where the CAUSES OF ACTION are BETWEEN the SAME PARTIES BUT PERTAIN TO DIFFERENT VENUES or JURISDICTIONS, the JOINDER MAY BE ALLOWED in the RTC provided ONE of the CAUSES OF ACTION falls within the jurisdiction of said court and the VENUE LIES THEREIN; and
4) 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.

Question 25

HOW may CAUSES OF ACTION be JOINED?

Answer 25

They may be joined CUMULATIVELY or ALTERNATIVELY.

Question 26

When is there CUMULATIVE JOINDER?

Answer 26

Cumulative joinder exists when one is seeking relief for all of his causes of action.

Question 27

When is there ALTERNATIVE JOINDER?

Answer 27

Alternative joinder exists when the CAUSE OF ACTION IS AGAINST EITHER ONE or the OTHER DEFENDANT. One is not seeking relief from both but from either one.

Question 28

WHEN is there MISJOINDER of causes of action?

Answer 28

There is misjoinder of causes of action when TWO or MORE CAUSES OF ACTION were JOINED in ONE COMPLAINT when they should not be so joined. When there is misjoinder of causes of action, the ERRONEOUSLY JOINED cause of action may be SEVERED and PROCEEDED AGAINST WITH SEPARATELY UPON MOTION by a PARTY or UPON the COURT’S INITIATIVE. It is NOT A GROUND for the DISMISSAL of the action.

Question 29

Can there be a VALID JUDGMENT in case of MISJOINDER of causes of action

Answer 29

Yes. Misjoinder of causes of action is not a ground for dismissal. indeed, the courts have the power to order the severance of the misjoined cause of action to be proceeded with separately. HOWEVER, if there is NO OBJECTION to the improper joinder OR the COURT DID NOT MOTU PROPRIO DIRECT a SEVERANCE, then there exist NO BAR in the simulataneous adjudication of all the erroneously joined causes of action.
Note: The foregoing Rule only applies if the court trying the case has jurisdiction over the ALL of the causes of action therein notwitstanding the misjoinder of the same. If the COURT trying the case has NO JURISDICTION over a MISJOINED cause of action, then such misjoined cause of action has to be SEVERED from the other causes of action, and if NOT so SEVERED, ANY ADJUDICATION rendered by the court with respect to the same would be a nullity.

Question 30

PARTIES TO CIVIL ACTIONS

Who is a REAL PARTY IN INTEREST?

Answer 30

A real party in interest is 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. Unless otherwise authorized by the law or Rules, EVERY ACTION MUST BE PROSECUTED OR DEFENDED IN THE NAME of the REAL PARTY IN INTEREST.

Question 31

Who is an INDISPENSABLE PARTY?

Answer 31

An indispensable party is A REAL PARTY IN INTEREST WITHOUT WHOM NO FINAL DETERMINATION CAN BE HAD of an action. A JOINDER of an indispensable party is MANDATORY. The PRESENCE of ALL indispensable parties is a CONDITION SINE QUA NON for the exercise of judicial power.

Question 32

What is the EFFECT of NOT IMPLEADING an indispensable party?

Answer 32

The Rule is settled that the NON-JOINDER of indispensable parties is NOT a GROUND for the DISMISSAL of an action. The REMEDY is to IMPLEAD the non-party claimed to be indispensable. Parties MAY BE ADDED by ORDER of the COURT ON MOTION of the PARTY or on its OWN INITIATIVE at ANY STAGE of the action and/or at SUCH TIMES as are just. If PETITIONER REFUSES to IMPLEAD an indispensable party despite the order of the court, the LATTER MAY DISMISS the complaint/petition for the plaintiff’s/petitioner’s failure to comply therewith.

Question 33

Juan dela Cruz leased a real property from owner Pedro Santos. When Pedro Santos originally bought the property from Maria Reyes, there was a restriction in the contract that it would be used exclusively for residential purposes. When it was leased, the lessee Juan dela Cruz constructed a commercial building, hence, Maria Reyes filed a suit for injunction. Juan dela Cruz was not impleaded as a party. Is Juan dela Cruz, a lessee, a real party in interest?

Answer 33

Yes. As lessee and in actual possession, Juan dela Cruz is a real party in interest. What is sought to be enjoined by the suit filed is the act of the lessee in constructing the building. Clearly, it is Juan dela Cruz’s act which is at issue. Hence, his interest in said issue cannot be a mere incidental as he maybe benefited or injured by the judgment in the suit filed by Maria Reyes.

Question 34

Christina and Owen filed a petition for the adoption of Zola, a minor child of Meredith and Derek. After the filing of the petition, Zola killed her playmate Sophia, hence, a suit for damages was filed by the parents of Sophia against Christina and Owen, and Meridith and Derek. Are Meredith and Derek indispensable parties?

Answer 34

Yes. The incident occurred when parental authority is still lodged in Meredith and Derek, the natural parents of the minor Zola. It would thus follow that the natural parents who had then actual custody of the minor Zola, are the indispensable parties to the suit for damages.

Question 35

WHO CAN be REPRESENTATIVES of parties?

Answer 35

A representative may be a TRUSTEE of an EXPRESS TRUST, a GUARDIAN, an EXECUTOR or ADMINISTRATOR or a PARTY AUTHORIZED BY LAW or RULES OF COURT.

Question 36

Are representatives ALLOWED AS PARTIES?

Answer 36

Yes. Where the action is allowed to be prosecuted or defended by a representative or someone acting in a fiduciary capacity, the BENEFICIARY shall be INCLUDED in the TITLE of the CASE and SHALL be DEEMED to be the REAL PARTY IN INTEREST. An agent acting in his own name and for the benefit of an undisclosed principal may sue or be sued without joining the principal EXCEPT when the CONTRACT INVOLVES THINGS BELONGING to the PRINCIPAL.

Question 37

Who are NECESSARY PARTIES?

Answer 37

A necessary party is one who is NOT INDISPENSABLE but who OUGHT to be JOINED AS A PARTY if COMPLETE RELIEF is to be accorded or FOR A COMPLETE DETERMINATION or SETTLEMENT of the CLAIM subject of the action.

Question 38

What is the EFFECT of the NON-INCLUSION of a NECESSARY PARTY?

Answer 38

The non-inclusion of a necessary party DOES NOT PREVENT the COURT from PROCEEDING with the ACTION and the JUDGMENT therein SHALL be WITHOUT PREJUDICE to the RIGHTS of SUCH NECESSARY PARTY NOT IMPLEADED. The FAILURE to COMPLY WITH the ORDER of the court TO INCLUDE the NECESSARY PARTY WITHOUT JUSTIFIABLE CAUSE SHALL BE DEEMED A WAIVER of the CLAIM against such party.

Question 39

Who are INDIGENT PARTIES?

Answer 39

An indigent party is one who has no money or property sufficient and available for food, shelter and basic necessities for him and his family. A party may be authorized to litigate his action, claim or defense as an indigent. Such party will be exempted from the payment of docket fees and of transcript of stenographic notes. However, the amount of the docket and other lawful fees shall be a lien on the judgment rendered in the case favorable to the indigent; it will not be a lien when the court provides otherwise.

Question 40

May a corporation be granted the same exemption from payment of legal fees granted to indigent parties?

Answer 40

No. Section 21, Rule 3 of the Rules of Court, which governs the Rule on indigent parties, was PROMULGATED to IMPLEMENT the RIGHT OF FREE ACCESS TO THE COURTS and QUADI-JUDICIAL BODIES, as embodied in Section 11, Article III of the 1987 Constitution. The clear intent and precise language of the aforequoted provisions of the Rules of Court indicate that ONLY A NATURAL PARTY LITIGANT may be REGARDED as an indigent litigant. The Constitution has explicitly premised the free access clause on a person’s poverty, a condition that only a natural person can suffer.

Question 41

Alternative Defendants:

May the plaintiff implead several defendants and have inconsistent claims against each other?

Answer 41

Yes. Where the plaintiff is uncertain against who of several persons he is entitled to relief, he may JOIN ANY OR ALL of them as defendants in the alternative, although a right to relief against one may be inconsistent with a right to relief against the other.

Question 42

Allan was riding a passenger jeepney driven by Ben that collided with a car driven by Cesar, causing Allan’s injury. Not knowing who was at fault, what is the best that Allan can do? (2011 Bar)

Answer 42

Sue both Ben and Cesar as alternative defendants.

Question 43

Compulsory and Permissive Joinder of Parties:

When is permissive joinder of parties allowed?

Answer 43

Parties can be joined in a single complaint or may themselves maintain or be sued in separate suits. Normally, joinder of parties is permissive provided that the following REQUISITES concur:

1) The RIGHT TO RELIEF ARISES from the SAME TRANSACTION or SERIES OF TRANSACTIONS;
2) There is a QUESTION OF LAW or FACT COMMON TO ALL plaintiffs or defendants; and
3) The JOINDER is NOT PROSCRIBED by the provisions of the RULES on JURISDICTION and VENUE.

Question 44

When is joinder of parties COMPULSORY?

Answer 44

Joinder of a party becomes COMPULSORY when the ONE INVOLVED is an INDISPENSABLE PARTY. Where an indispensable party is NOT A PARTY to an action, the COURT SHALL ORDER THAT HE BE JOINED as a party to the action.

Question 45

Misjoinder and Non-joinder of Parties:

WHEN is there a MISJOINDER OF PARTIES?

Answer 45

A party is misjoined when he is made a party to the action although he should not be impleaded.

Question 46

Define NON-JOINDER of PARTIES.

Answer 46

A party is not joined when he is supposed to be joined but is not impleaded in the action.

Question 47

Is the misjoinder or non-joinder of parties a ground for dismissal?

Answer 47

The misjoinder or non-joinder of a party is NOT PER SE a ground for the dismissal of the action. However, when the court orders the adding or dropping of a party and such is not obeyed, the ground for dismissal will be the failure to comply with the court’s order.

Question 48

X, a co-owner of a certain parcel of land occupied by A and B, filed an ejectment case against the latter. A and B moved to dismiss the case on the ground that Y, a co-owner of the property in question, was not impleaded. Rule on the contention.

Answer 48

The contention of A and B is not correct. Y, as a co-owner of the property in question, is not an indispensable party. Y is only a necessary party. Under the Rules, neither misjoinde nor non-joinder of parties is a ground for dismissal of an action. This is because parties may be dropped or added by order of the court on motion of any party or on its own initiative at any stage of the action. Any claim against a misjoined party may be severed and proceeded with separately.

Question 49

CLASS SUIT

What is a CLASS SUIT?

Answer 49

A class suit is an ACTION where 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 and 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.

Question 50

What are the REQUISITES of a CLASS SUIT?

Answer 50

The following are the requisites of a class suit:

1) The SUBJECT MATTER of the controversy is one of common or general interest to many persons;
2) The persons are so NUMEROUS that it is IMPRACTICAL TO JOIN THEM ALL as parties;
3) The parties bringing the class suit are SUFFICIENT IN NUMBER and REPRESENTATIVE of the class as to fully protect the interests of all concerned; and
4) The REPRESENTATIVES sue or defend for the benefit of all.

Question 51

SUITS AGAINST ENTITIES WITHOUT JURIDICAL PERSONALITY

Discuss the Rules regarding suits against entities without juridical personality.

Answer 51

Persons associated in an entity without juridical personality may be sued under the name by which they are generally or commonly known, but they cannot sue under such name. In the answer of such defendant, the names and addresses of the persons composing said entity must all be revealed.

Question 52

EFFECT OF DEATH OF PARTY LITIGANT

What is the effect of the death of a party litigant to the complaint?

Answer 52

Where the claim is not extinguished by the death of the litigant, it shall be the duty of his counsel to inform the court if such fact within 30 days from such death and to give the name and address of the legal representative.
In such case, the heirs may be substituted for the deceased or if no legal representative is named, the court will order the opposing party to procure the appointment of an executor or administrator for the estate of the deceased. In case of minor heirs, the court may appoint a guardian ad litem for them. (Rule 3, Section 16)

Question 53

VENUE OF REAL ACTIONS

What is the venue of real actions?

Answer 53

Where the actions is real, the venue is local; hence, the venue is the place where the real property involved, or any property thereof, is situated. (Rule 4, Section 1)

Question 54

VENUE OF PERSONAL ACTIONS

What is the venue of personal actions?

Answer 54

If the action is personal, the venue is transitory; hence, it is the residence of the plaintiff or defendant at the option of the plaintiff. (Rule 4, Sections 2)

Question 55

VENUE OF ACTIONS AGAINST NON-RESIDENTS

Discuss the Rules on venue of actions against non-residents.

Answer 55

If the action is PERSONAL and the DEFENDANT is a NON-RESIDENT, the VENUE is the RESIDENCE of the PLAINTIFF or WHERE the NON-RESIDENT DEFENDANT MAY BE FOUND, at the ELECTION of the PLAINTIFF. (Rule 4, Section 2)
When the action is REAL, and the DEFENDANT is a NON-RESIDENT NOT FOUND in the Philippines and the ACTION AFFECTS the PERSSONAL STATUS of the PLAINTIFF or ANY PROPERTY of the DEFENDANT in the Philippines, the VENUE shall be the RESIDENCE of the PLAINTIFF or where the PROPERTY or ANY PORTION thereof is SITUATED. (Rule 4, Section 3)

Question 56

WHEN THE RULES OF VENUE DO NOT APPLY

When are the Rules on venue not applicable?

Answer 56

The rules on venue shall not apply where:

(1) The Rules or substantive law provides otherwise, e.g., an action for damages arising from libel; and the power of the Supreme Court to order a change of venue to avoid miscarriage of justice;
(2) The parties have reed in writing

Question 57

WHEN THE RULES OF VENUE DO NOT APPLY

When are the Rules on venue not applicable?

Answer 57

The rules on venue shall not apply where:

(1) The RULES or SUBSTANTIVE LAW provides otherwise, e.g., an action for damages arising from libel; and the power of the Supreme Court to order a change of venue to avoid miscarriage of justice;
(2) The PARTIES have VALIDLY AGREED IN WRITING BEFORE the FILING of the ACTION on the EXCLUSIVE VENUE thereof. (Rule 4, Section 4)

Question 58

EFFECTS OF STIPULATION ON VENUE

Can the parties agree upon a specific venue?

Answer 58

Yes. The parties may validly agree upon a specific venue which could be in a place where neither of them resides, provided the following requisites are met:

(1) The AGREEMENT must be in WRITING;
(2) There must be EXCLUSIVITY as to the SELECTION of the venue; and
(3) It must be MADE BEFORE the FILING of the ACTION. (Rule 4, Section 4)

Question 59

What is the EFFECT of a STIPULATION ON VENUE

agreed upon by the parties?

Answer 59

The mere stipulation on the venue of an action is NOT enough to PRECLUDE parties from bringing a case in other venues. In the ABSENCE of RESTICTIVE WORDS, the STIPULATION should be DEEMED as MERELY AN AGREEMENT on an ADDITIONAL FORUM, NOT as LIMITING venue. While they are considered valid and enforceable, venue stipulations in a contract DO NOT, as a rule, SUPERSEDE the general Rule set forth in Rule 4 in the ABSENCE of QUALFYING or RESTICTIVE WORDS. IF the LANGUAGE is RESTICTIVE, the suit may be FILED ONLY IN THE PLACE agreed upon by the parties.

Question 60

PLEADINGS

What are pleadings?

Answer 60

Pleadings are the WRITTEN STATEMENTS of the respective CLAIMS and DEFENSES of the parties SUBMITTED to the COURT for appropriate JUDGMENT. (Rule 6, Section 1)

Question 61

KINDS OF PLEADINGS

What is a complaint?

Answer 61

A complaint is an INITIATORY 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. (Rule 6, Section 3)
It should contain a concise statement of the ultimate facts constituting the plaintiff’s cause of action. The jurisdiction of the court and the nature of the action are determined by the averments in the complaint.

Question 62

What is an answer?

Answer 62

An answer is a RESPONSIVE PLEADING in which a DEFENDING PARTY sets forth his DEFENSES. (Rule 6, Section 3). It ONLY APPLIES to CIVIL CASES.