Civil Procedure M2 (Actions)

Question 1

kinds of actions are

Answer 1

ordinary
special
civil
criminal
ex contractu
ex delicto
penal and remedial
real
personal
mixed action, action in personam,
in rem
quasi in rem

Question 2

Define action

Answer 2

legal and formal demand of one’s right from another person made in a court of justice

Question 3

civil actions can either be ordinary/special. Why are they called special?

Answer 3

Governed by special rules not found in ordinary civil actions.

Question 4

Can ordinary rules be applied in special civil cases?

LB

Answer 4

GEN: No
EXC: the ordinary rules are suppletory in nature (Rule 72 Sec 2)

Question 5

Examples of ordinary civil action

Answer 5

cases involving enforcing one’s right and recover damages or a protection

Question 6

Definition of criminal action

LAW

Answer 6

a criminal action is one by which the State prosecutes a person for an act or omission punishable by law.

Rule 1 Sec 3

Question 7

Differentiate Civil & Criminal Actions

Answer 7

Civil - main purpose is compensatory/remedial
Crim - main purpose is punishment

Question 8

Is the differentiation between crim and civ action important? why

Answer 8

Yes, because they are governed by a different set of rules

Question 9

What is the purpose of special proceedings? cite an example of its application

Answer 9

• they establish a status, a right, or a particular fact
  (a) determination of legal heirs when an illegitimate child claiming heirship, that child must go thru special civil action to acquire that status
• there is no real defendant

Question 10

Enumerate at least 5 special proceedings under Rule 72 sec 1 of the RoC

Answer 10

1. settlement of estate of deceased person
2. escheat
3. guardianship & custody of children
4. trustees
5. adoption
6. rescission and revocation of adoption
7. hospitalization of insane persons
   8 habeas corpus
   9 change of name
   10 voluntary dissolution of corporations
   11 judicial approval of voluntary recognition of minor
   12 constitution of family home
8. declaration of absence and death; and
   14 cancellation or correction of entries in the civil registry

Question 11

what are real actions v personal actions

Answer 11

real actions - cases involving title to or possession of real property or interest therein

everything else is personal

Question 12

Is it reasonable to assume that if a case concerns a property, it can be considered a real action?

Answer 12

1. Purpose

if it is to recover damages because property suffered damages, then that’s a personal action

Question 13

you want to recover a your title to the property because it was unlawfully registered in the name of another person through fraud or even through mistake if there is improper registration of title: real or personal action?

Answer 13

Real

it involves the interest over property

Question 14

An action that seeks execution over deed of sale over a parcel of land. The relief is for the EXECUTION OF THE DEED OF SALE. It is merely for execution. Real action or personal action

Answer 14

Real action

consequence of the execution of the deed of sale will eventually resolve to a transfer of ownership.

Question 15

Can Mr. A file a suit even he is the owner or majority owner of ABC corp. Does he have legal capacity to sue? does have have legal personality to sue?

Answer 15

Yes, he has the capacity

NO, it should be filed by the entity that has the real interest of the case which is ABC corp.

Mr. A’s interest is only indirect

Question 16

Give five (5) special civil actions in the rules of court

Answer 16

1. Interpleader;
2. Declaratory relief and similar remedies;
3. Review of judgments and final orders or resolutions of the Commission on Elections and the Commission on Audit;
4. Certiorari, prohibition, and mandamus;
5. Quo warranto;
   6.Expropriation;
6. Foreclosure of real estate mortgage;
7. Partition;
8. Forcible entry and unlawful detainer; and
9. Contempt.

Question 17

Examples of real actions

Answer 17

Actions for unlawful detainer
forcible entry
accion publiciana
accion reinvidindictoria,
quieting of title
removal of a cloud on a title

Question 18

why is it so crucial to determine whether or not the case is a real or personal action?

Answer 18

to determine the venue of the action

Question 19

Discuss the relationship between local action-real action

Answer 19

regardless of the residence of parties, the action must be filed in the JD of a court where the property is situated

Question 20

Action for sum of money.

what type of action
venue

Answer 20

a. personal action
b. at the plaintiff’s discretion

Question 21

Forcible entry - give action & venue

Answer 21

a. real action
b. MTC where the real property is situated

Question 22

annulment the cancellation of the award - action and venue

Answer 22

a. personal action - an action that seeks to
annul the cancellation of the award over the house
and lot is a personal action

b. at the choice of the plaintiff

Question 23

Recovery of deficiency after extrajudicial
foreclosure - action

Answer 23

personal

An action to recover the deficiency after the
extrajudicial foreclosure of the real property
mortgage is a personal action because it does not
affect title to or possession of real property, or any
interest therein. (Hernandez v. DBP)

Question 24

Give an example of in personam in a foreclosure of mortgage

Answer 24

It is directed towards a person based on liability

Question 25

show in rem in a foreclosure example

Answer 25

It is directed against the thing itself instead of a person

Question 26

show quasi in rem in a foreclosure example

Answer 26

names a person as a defendant but its goal is to bring the person’s interest in a property to a corresponding lien obligation

A lien is a legal claim against property that secures the payment of a debt or the performance of some other obligation

Question 27

what is the JD in personam, in rem, and quasi in rem?

Answer 27

personam: JD over person must be acquired
in rem & quasi in rem: JD over person is not needed provided that JD over res is acquired

Question 28

An action for annulment of certificate of title is ____. why

Answer 28

quasi in rem

–> cancels a certificate title to a property
–> the purpose of the action is to remove the property owner’s interest in the property

Question 29

classification of action according to object of the action

Answer 29

in personam action
in rem action

Question 31

classification of action according to foundation

Answer 31

1. personal action
2. real action

Question 32

an action for the declaration of nullity of marriage

Answer 32

• personal action (bc does not involve property)
• in rem action (bc it is declaring to the whole world that they are not married)

Question 33

Whether the trial court has JD depends on ___________–

Answer 33

the nature of action (personam, in rem, quasi in rem)

Question 34

Differentiate action v cause of action

Answer 34

action is the enforcement, protection of a right

cause of action is the basis of the action

Question 35

Define cause of action

LAW

Answer 35

is the act or omission by which a party violates the rights of another

Sec 1 Rule 2

Question 36

elements of cause of action

Answer 36

1. legal right in favor of the plaintiff
2. correlative legal duty to respect such rights
3. action for recovery of relief from the defendant

Question 37

what are the cause of action for money arising from a loan

Answer 37

1. allege that the debt is due & demandable

Question 38

what are the cause of action for forcible entry

Answer 38

a. allege his prior physical possession of property
b. allege that he was deprived of property by force, intimidation, threat, strategy, or stealth
c. file action within (1) one year from the deprivation

Question 39

what are the cause of action for unlawful detainer

Answer 39

a. defendant initial possession was lawful
b. possession became illegal upon termination of the defendant’s right of possession
c. defendant remained & plaintiff deprived
d. complaint of ejectment within one (1) year from last demand to vacate property
e. there must be a demand to vacate, the intention is to vacate and the purpose is to regain possession.

Question 40

Examples where (3) three elements of cause of action is not required

Answer 40

1. administrative case - its enough he violate a standard
2. based on contracts - i.e. contract of carriage
3. vicarious liability of an employer - respondeat superior
4. sum of money based on promissory note
5. malicious prosecution

Question 41

Elements of Right of Action

Answer 41

a.) plaintiffs must have a good cause of action
b.) plaintiff must have performed all conditions precedent to the filling of the action in court

Question 42

Right of Action v. Cause of Action

Answer 42

cause - wrong committed by defendant
right - right of plaintiff to institute the action

A cause of action is created by substantive law whereas right of action is regulated by procedural law. Also, a right of action may be lost by prescription while cause of action cannot.

Question 43

Distinguish action v. cause of action

Answer 43

An action is one by which a party sues another for the enforcement of protection of a right or the prevention or redress of a wrong. A cause of action is the act or omission by which a party violates a right of another. An action must be
based on a cause of action.

Question 44

how to test if there is a cause of action in a complaint

Answer 44

assuming the allegations to be true, can the court render a vlaid judgement in accordinance with the prayer? is the test

Question 45

‘lack of a cause of action’ v. “failure to state cause of action” v.

Answer 45

Failure: insufficient allegations in pleading (even if allegations are true, would not warrant the court to give remedy because of it being insufficient)
Lack: allegations present but failed to prove cause of action

Failure: remedy is to allege the same in affirmative defense
Lack: remedy is to file Demurrer of Evidence

Question 46

splitting of a single cause of action

Question 47

D owes C P350,000 due on January 5, 2018.
D owes C P350,000 due on February 13, 2018.
Both debts are evidenced by a promissory note and incurred for different. D has not paid the debts despite demand. Each debt is a separate cause of action. Under the rule on joinder, C may file a single suit against D for the collection of both debts, despite the claims being actually separate causes of action and having arisen out of different transactions. Is C obliged to join the causes of action against D?

Answer 47

No. C is not obliged to do so. He may file a single suit for each debt is a single cause of action. Joinder of action is not compulsory

Question 48

more cards on non joinder