I.

IV.
What is an action?
An action is an ordinary suit in a court of justice by which one party
prosecutes another for the enforcement or protection of a right, or the
prevention or redress of a wrong.
What are the kinds of action?
The kinds of actions are the following:
A. Civil Action - one by which a party sues another for the
enforcement or protection of a right or the prevention or redress
of a wrong;
B. Criminal Action - one by which the State prosecutes a person for
an act or omission punishable by law
C. Special Proceeding - a remedy by which a party seeks to
establish a status, right or a particular fact.
II.
Distinguish civil actions from special proceedings.
A Civil Action is one by which a party sues another for the
enforcement or protection of a right, or the prevention or redress of a
wrong.
A Special Proceeding is a remedy by which a party seeks to establish
a status, a right or a particular fact.
Distinguish ordinary civil actions from special civil actions.
An Ordinary Civil Action is a formal demand of one’s legal rights in
a court of justice in the manner prescribed by the Court or by law. It
is governed by ordinary rules.
A Special Civil Action has special features not found in Ordinary
Civil Actions. It is governed by ordinary rules but subhject to specific
rules prescribed in Rules 62-71.
III.
What are the classifications of actions according to (a) Cause or
foundation, (b) the place where instituted, (c) its object, and (d) its
purpose?
What determines the nature of action?
The nature of an action, as well as which Court or body has
jurisdiction over it, is determined based on the allegations contained
in the complaint of the plaintiff, irrespective of whether or not the
plaintiff is entitled to recover upon all or some of the claims asserted
therein. The averments in the complaint and the character of the relief
sought are the ones to be consulted. Once vested by the allegations
in the complaint, jurisdiction also remains vested irrespective of
whether or not the plaintiff is entitled to recover upon all or some of
the claims asserted therein.
When and how is a civil action commenced?
A Civil Action is commenced by the filing of the original complaint
in Court. If an additional defendant is impleaded in a later pleading,
the action is commenced with regard to him on the date of the filing
of such later pleading, irrespective of whether the Motion for its
admission, if necessary, is denied by the Court.
A Civil Action is commenced by:
A. Filing of the original Complaint in Court; and
B. Payment of prescribed docket fees.
V.
Half brothers Roscoe and Salvio inherited from their father a vast
tract of unregistered land. Roscoe succeeded in gaining possession of
the parcel of land in its entirety and transferring the tax declaration
thereon in his name. Roscoe sold the northern half to Bono, Salvio’s
cousin. Upon learning of the sale, Salvio asked Roscoe to convey the
southern half to him. Roscoe refused as he even sold one third of the
southern half along the West to Carlo. Thereupon, Salvio filed an
action for the reconveyance of the southern half against Roscoe only.
Carlo was not impleaded. After filing his answer, Roscoe sold the
middle third of the southern half to Nina. Salvio did not amend the
complaint to implead Nina.
After trial, the Court rendered judgment ordering Roscoe to reconvey
the entire southern half to Salvio. The judgment became final and
executory. A writ of execution having been issued, the Sheriff
required Roscoe, Carlo and Nina to vacate the southern half and yield
possession thereof to Salvio as the prevailing party. Carlo and Nina
refused contending that they are not bound by the judgment as they
are not parties to the case. Is the contention tenable? Explain why.

A. Cause or Foundation: As a general rule, no stranger should be bound to a judgment where

A. Real Action he is not included as a party. The rule on transfer of interest pending
B. Personal Action litigation is found in Section 19, Rule 3, 1997 Rules of Civil
C. Mixed Action Procedure. The action may continue unless the Court, upon Motion
directs a person to be substituted in the action or joined with the
B. The place where instituted original party. Carlo is not bound by the judgment. He became a co-
A. Local Action owner before the case was filed. However, Nina is a privy or a
B. Transitory Action successor-in-interest and is bound by the judgment even if she is not
a party to the case. A judgment is conclusive between the parties and
C. Object their successors-in-interest by title subsequent to the case.
A. Action in Personam
B. Action in Rem
C. Action Quasi in Rem

D. Purpose
A. Civil Action
B. Criminal Action
VI.
Distinguish derivative suit from a class suit.
A Derivative Suit is a suit in equity that is filed by a minority
shareholder in behalf of a corporation to redress the wrongs
committed against it, for which the directors refuse to sue, the real
party in interest being the corporation itself.
A class suit is filed regarding a controversy of common or general
interest in behalf of many persons so numerous that it is
impracticable to join all as parties, a number which the Courts finds
sufficiently representative who may sue or defend for the benefit of
all.
What are the requisites of class suit?
The requisites of a class suit are the following:
A. The subject matter of the controversy is one of common or
general interest to many persons;
B. The parties affected are so numerous that it is impracticable to
bring them all before the Court;
C. The parties bringing the class suit are sufficiently numerous or
representative of the class and can freely protect the interest of
all concerned; and
D. The representatives sue or defend for the benefit of all.
VII.
What is the effect of the death of a party upon a pending action?
When the claim in a pending action is purely personal, the death of
either of the parties extinguishes the claim and the action is
dismissed.
When the claim is not purely personal and is not thereby
extinguished, the party should be substituted by his heirs or his
executor or administrator.
If the action is for recovery of money arising from contract, express
or implied, and the defendant dies before entry of final judgment, a
favorable judgment obtained by the plaintiff shall be enforced int he
manner provided in the Rules for prosecuting claims against the
estate of a deceased person.
PJ engaged the services of Atty. ST to represent him in a civil case
filed by OP against him which was docketed as Civil Case No. 123.
A retainership agreement was executed between PJ and Atty. St
whereby PJ promised to pay Atty. ST a retainer sum of P24,000.00 a
year and to transfer ownership of a parcel of land to Atty. ST after
presentation of PJ’s evidence. PJ did not comply with his
undertaking. Atty. ST filed a case against PJ which was docketed as
Civil Case No. 456. During the trial of Civil Case No. 456, PJ died.
Is the death of PJ a valid ground to dismiss the money claim of Atty.
ST in Civil Case No. 456? Explain.
No. Under the Rules, when the action is for recovery of money
arising from contract, express or implied and the defendant dies
before entry of Final Judgment in the Court in which the action is
pending at the time of such death, it shall not be dismissed but shall
be allowed instead to continue until entry of Final Judgment. A
favorable judgment obtained by the plaintiff shall be enforced in the
manner especially provided in the Rules for prosecuting claims
against the estate of a deceased person.
VIII.
Angela, a resident of Quezon City, sued Antonio, a resident of
Makati City before the RTC of Quezon City for the reconveyance of
two parcels of land situated in Tarlac and Nueva Ecija, respectively.
May her action prosper?
Yes, the action may prosper because improper venue can be waived;
and there appears to be no objection from the defendant. An action
for reconveyance of parcels of land partakes of an action to recover
title to or possession of such land; hence, a real action which should
be filed in the place where the parcels of land are situated in Tarlac
and Nueva Ecija.
Assuming that the action was for foreclosure on the mortgage of the
same parcels of land, what is the proper venue for the action?
If the action was for foreclosure of mortgage, the action may be filed
either in Tarlac or Nueva Ecija where any of the parcels of land is
situated. Only one action for foreclosure need be filed as only one
contract of mortgage had been constituted.
IX
Cite at least four (4) cases when a specific rule or law provides a
different rule on venue.
1. Civil actions for damages arising from the crime of libel;
2. Perpetuation of Testimony;
3. Petitions for Declaration of Nullity of Marriage; and
4. Petition for Legal Separation.
What is the effect if the complaint is commenced in the wrong place
(improper venue)?
When the complaint is commenced in the wrong place, the defendant
may file either a Motion to Dismiss on the ground that the venue is
improperly laid, or an answer pleading the ground of improper venue
as an affirmative defense
X.
Section 4(a), Rule 4 of the 1997 Rules of Civil Procedure allows the
parties to agree and stipulate in writing before the filing of an action
on the exclusive venue of any litigation between them. Under what
circumstances would the parties’ agreement be declared void?
A stipulation on venue is void and uneforceable when it is contrary
to public policy and if it practically negates the action of the
claimants
XI.
What are the classifications of parties? Define each.
Parties in interest are classified and defined as follows:
A. Indispensable parties - are those without whom no final
determination can be had of an action;
B. Necessary Parties - also known as proper parties, those who are
not indispensable but ought to be joined as parties if complete
relief is to be accorded as to those already parties or for a
complete determination or settlement of the claim subject of the
action;
C. Representative Parties - are those acting in a fiduciary capacity,
or allowed to sue or be sued in behalf of other persons such as
the trustee of an express trust, a guardian, executor, or
administrator or a party authorized by statute;
D. Quasi Parties - those who are already represented in the suit, or
who comes within the compass of the proceeding pendente lite
or those in whose behalf a class or representative suit is brought;
E. Pro forma Party - are those who are required to be joined as co-
party in suits by or against another party as may be provided by
the applicable substantive or procedural rule.
XII.
What is the “real-parties-in-interest” rule?
This rule provides that unless otherwise authorized by law or those
Rules, every action must be prosecuted or defended in the name of
the real party in interest. When the action is allowed do be prosecuted
or defended by a representative or someone acting in fiduciary
capacity, the beneficiary shall be included in the title of the case and
shall be deemed to be the real party in interest. A suit filed by a person
who is not a party in interest must be dismissed on the ground of lack
of cause of action.
Who are the persons authorized by the Rules?
The following are the persons authorized by the Rules:
A. A judgment obliges authorized by the Court to institute an action
against a person or corporation, alleged to have property or
judgment obligor or to be indebted to him, who claims an
adverse interest in the property or who denied the debt for the
recovery of such interest or debt;
B. The legal representative or assigns of a lessor, vendor, vendee,
or other person deprived of the possession of any land or
building by force, intimidation, threat, strategy or stealth;
C. A receiver appointed by the Court;
D. An agent acting in his own name and for the benefit of an
undisclosed principal; and
E. An entity without juridical personality which may be sued under
the name by which they are generally or commonly known.
Who are the persons authorized by statute?
Persons authorized by law/statute are the following:
A. A co-owner is an ejectment case;
B. Beneficiary in a contract pour-autrui;
C. The lessee as against an intruder; and
D. The pledge to recover the thing pledged or defend it against third
person.
XIII.
What are the requisites of permissive joinder of parties?
Permissive joinder of parties requires that:
A. The right to relief arises out of the same transactions or series of
transactions;
B. There is question of law or fact common to all the plaintiff or
defendants; and
C. Such joinder is not otherwise prescribed by the provisions of the
Rules on Jurisdiction and venue.
What are the limitations on the joinder of causes of action?
The limitations on the joinder of causes of action are the following:
A. The party joining the causes of action shall comply with the
Rules on Joinder of Parties;
B. The joinder shall not include special civil action governed by
special rules;
C. Where the causes of action are between the same parties but
pertain to different venues or jurisdiction, 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
D. Where the claims in all causes of action are principally for
recovery of money, the aggregate amount claimed shall be the
test of jurisdiction.
XIV.
What are the tests of sufficiency of cause of action?
The tests of sufficiency of cause of action are as follows:
A. Does the complaint show that the plaintiff has suffered an
injury?
B. Is it an injury which the law recognizes as a wrong and for which
it provides a remedy?
C. Is the defendant liable for the alleged wrong done?
D. If the defendant is liable, is there a legal remedy for such injury?
Distinguish right of action from cause of action.

The term “right of action” is the right to commence and maintain an

action. In the law on pleadings, right of action is distinguished from
cause of action in that the former is a remedial right belonging to
some persons to presently enforce a cause of action, while the latter
is a formal statement of the operative facts that give rise to such
remedial right.

The right of action depends on substantive law, while cause of action

is governed by the law of procedure.

XV.

How is jurisdiction over (a) plaintiff, (b) defendant, and (c) the
subject matter acquired?

a. Jurisdiction over the plaintiff or petitioner is acquired by the

filing of the complaint or other appropriate pleading before the
Court;

b. Jurisdiction over the person of the defendant or respondent is

obtained by the service of summons or other coercive process
upon hi or by his voluntary appearance or submission to the
authority or the Court;

c. Jurisdiction over the subject matter of the claim is conferred bu

law; by the filing of the complaint or other initiatory pleading,
the jurisdiction of the Court thereof is invoked or called into
activity, and it is that the Court acquires jurisdiction over said
subject matter or native of action.