CHAPTER 5: BASIC REMEDIAL LAW  SC: “Filing fees are intended to take care of court expenses

in the handling of cases in terms of cost of supplies, use of

1. Jurisdiction and Venue equipment, salaries and fringe benefits of personnel, etc.
 Jurisdiction -the power and authority to hear and computed as to man hours used in handling each case.”
determine a cause or the right to act in a case.  “The payment cannot be dependent on the result of
 Venue -where the case is to be heard or tried. the action taken without entailing tremendous losses
*In criminal cases, venue of the crime goes into the to the government and to the judiciary in particular”
territorial jurisdiction.  SC ruled that a case is deemed filed only upon payment
of the docket fee regardless of the actual date of filing of
Jurisdiction vs Venue
the case.
Jurisdiction Venue  SC: “… all complaints, petitions, answers and other
Authority to hear and Place or court where the similar pleadings should specify the amount of damages
determine a case case is to be tried and heard being prayed for not only in the body of the pleading, but
also in the prayer, and said damages shall be considered
Matter of substantive law Matter of procedural law
in the assessment of the filing fees in any case.” to
Established a relation Establish a relation between
prevent unethical practice of misleading the docket clerk
between the court and plaintiff and defendant, or
in the assessment of the filing fee.
subject matter petitioner or respondent.
 The rule was applied for failure of the plaintiff to include in
Fixed by law and cannot May be conferred by the act
the prayer of the complaint the total damages sought
be conferred by the or agreement of the parties
against the defendant.
parties
The amount of damages determines 2 things:
How Jurisdiction is Acquired. 1. The jurisdiction of the court
2. The amount of docket fees to be paid.
 Jurisdiction of the court over the plaintiff.
 acquired by the filing of the complaint, petition, or  The evil sought to be avoided in Manchester and similar
initiatory pleading before the court by the plaintiff or cases can never obtain since:
petitioner. (personal jurisdiction) 1.The filing fee in an election cases is fixed and not
 Jurisdiction of the court over the defendant. dependent on the amount of damages sought to be
 acquired by the voluntary appearance by the defendant recovered, if any;
or respondent to the court/ by service of summons 2.A claim for damages in an election case is merely
 Jurisdiction of the court over the res (thing) ancillary to the main cause of action and is not even
 acquired by actual/ constructive seizure. determinative of the court’s jurisdiction which is
2. Payment of Docket Fee is Jurisdictional governed by the nature of the action filed.
 Payment of docket fee is jurisdictional.  Payment of full amount of the docket fee is an
 In civil case: proper docket fees have to be paid before the indispensable step for the perfection of an appeal.
court will attain jurisdiction.  The requirement of an appeal fee is by no mere
technicality of law or procedure.
 In Rem, Personam, and Quasi in Rem
 In Rem Action
3. Respect to the Hierarchy of Courts - directed against the thing itself.
 Practice of disregarding the hierarchy of courts by - binding upon the whole world.
seeking relief directly from the Court must be stopped. Ex. Land registration
 The Court will not entertain direct resort to it unless the  In Personam Action
redress desired cannot be obtained in the appropriate - directed a particular person on the basis of his liability to
courts/where exceptional and compelling circumstances establish a claim against him.
justify availment of a remedy within and calling for the *Judgment is binding upon the person impleaded and his
exercise of our primary jurisdiction. successors in interest.
 Supreme Court Not a Trier of Facts Ex. Action for Breach of Contract
 Quasi In Rem Action
4. Actions - [directed a particular person]
Action -an ordinary suit in a court of justice, by which one party Purpose: to bar and bid not only said person but any
prosecutes another for the enforcement/protection of a right, or other person who claims any interest in the property or
the prosecution/ redress of a wrong. right subject of the suit.
Ex. Action for judicial foreclosure of mortgage
Classifications of Actions
1. Real Actions Transitory vs Local
-brought for the protection of real rights, specific recovery
Transitory Action
of lands, tenements, or one founded on privity of estate
only. -the venue of which depends generally upon the residence of the
2. Personal Actions parties, regardless of where the cause of action rose.
-brought for specific recovery of goods and chattels; or for
damages or other redress for breach of contract, or Ex. Personal action
injuries, of whatever description; the specific recovery of
Local Action
lands, tenements, and hereditaments only excepted.
-one required by the Rules of Court to be instituted in a particular
- arise upon contracts, or for wrongs independently of
place in the absence of an agreement to the contrary.
contracts.
Ex. Real action
3. Mixed Actions
-brought for the specific recovery of lands, tenements, Civil Action
and for damages for injury sustained in respect of such - one by which a party sues another for the
property. enforcement/protection of a right, or the prevention or redress of
-every mixed action is also a real action. a wrong.
-brought for protection or recovery of real property and - may either be ordinary/special
also for damages sustained. - both are governed by the rules for ordinary civil actions, subject
to the specific rules prescribed for a special civil action.
Criminal Action
- one by which the State prosecutes a person for an act or
omission punishable by law.
Special Proceeding
- a remedy by which a party seek to establish a status, a right, or
a particular fact.
Commencement of Action
 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..
6. Parties to Civil Actions
5. Causes of Actions Who may be parties: PD
-the act/omission by which a party violates a right of another.
-the fact/combination of facts which affords a party a right to
judicial interference in his behalf.
-determined not by the prayer of the complaint but by the facts
alleged.
-a formal statement of the operative facts that give rise to such
remedial right.
-a matter of statement and is governed by the law of procedure. Classifications of Parties:
2 elements:
1. The plaintiff's primary right and the defendant's corresponding
primary duty, whatever may be the subject to which they relate-
person, character, property or contract.
2. The delict/wrongful act or omission of the defendant, by which
the primary and duty have been violated.
*A party may not institute more than one suit for a single cause of
action.
Right of Action
-the right to commence and maintain an action.
-a remedial right belonging to some persons
-a matter of right and depends on substantive law.
*The right of action springs from the cause of action, but does
not accrue until all the facts which constitute the cause of
action have occurred.
*When there is an invasion of primary rights, then and not
until then does the adjective or remedial law become
operative, and under it arise rights of action.
*There can be no right of action until there has been a wrong-
a violation of a legal right- and it is then given by the adjective
law.
PLAINTIFF DEFENDANT
Claiming party, Original defending party
Counter-claimant Defendant in a counterclaim
Cross-claimant Counter-defendant
Third (fourth, etc.) party plaintiff Third (fourth, etc) party defendant
1. Real Party in Interest
-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 law or these Rules,
every action must be prosecuted or defended in the name
of the real party in interest.
2. Indispensable Party
-a person without whom no final determination can be had
of an action.
3. Proper Party
-one who is not indispensable but who ought to be joined
as a party oif complete relief is to be accorded as to those
 already parties, or for a complete
determination/settlement of the claim subject of the
action.
4. Pro Forma Party
-a husband/wife who is required to be joined in suits by or
against his spouse.
5. Quasi-Parties
-those in whose behalf a class or representative suit is
brought. Parties not initially/formally impleaded as original
parties but later bind themselves to comply with terms of
a judgment or compromise rendered therein.
6. Representatives as Parties
-where the action is allowed to be prosecuted/defended
by representative/ someone acting in a fiduciary capacity.
*representative: trustee of an express trust, guardian, an executor
or administrator, or a party authorized by law or these Rules.
*agent (acting in his own name and for the benefit of an
undisclosed principal) may sue/ be sued w/o joining the principal
-> except when the contract involves things belonging to the
principal.
*The beneficiary shall be included in the title of the case and shall
be deemed to be the real party in interest.
7. Indigent Party
-may be authorized to litigate his action, claim or defense
as an indigent if the court (upon an ex parte application &
application and hearing) is satisfied that the party is one
who has no money/ property sufficient and available for
food, shelter and basic necessities for himself & his
family.
Rule 3, Rules of Court:
The amount of the docket & other lawful fees which the
indigent was exempted from paying shall be a lien on any
judgment rendered in the case favorable to the indigent,
unless the court otherwise provides.
8. Class Suit
-subject matter of the controversy is one of common
interest to many persons so numerous impracticable to
join all as parties, 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.
*any party shall have the right to intervene
-> to protect his individual interest.
7. Venue of Actions (Rule 4)
Venue of Real Actions
 Actions affecting title to/ possession of real property, or interest
therein, shall be commenced and tries in the proper court
(Has jurisdiction over the area) wherein the real property
involved, or a portion thereof, is situated.
 Forcible entry and detainer actions shall be commenced &tried
in the municipal trial court of the municipality or city wherein
the real property involved, or a portion thereof, is situated.
Venue of Personal Actions
 All other actions may be commenced and tried where the
plaintiff or any of the principal plaintiffs resides, or in the case
of a non-resident defendant where he may be found, at the
election of the plaintiff.
Venue of Actions against Non-residents
 If any of the defendants does not reside and is not found in the
Philippines= action affects the personal status of the plaintiff,
or any property of said defendant located in the Philippines,
the action may be commenced& tried in the court of the place
where the plaintiff resides, or where the property or any portion
thereof is situated or found.
8. Criminal Action and Criminal Law
Criminal Action -the State prosecutes a person for an act or
omission punishable by law.
Criminal Law Commenced by a Commenced by a complaint/
 RPC: Act 3815 complaint/information filed by petition by a private person.
 Enacted into law on December 8, 1930 the fiscal
 Took effect: January 1, 1932 Brought in the name of the Brought in the name of the
 Consists of 2 books: state with the private real party in interest
1. Basic principles affecting criminal liability (Art1-20) complainant as mere witness
2. Provisions on penalties (Art 21-113) for the state.
 The Philippines Criminal Law:
Influenced by the Spanish Penal Code and the American 10. Kinds of Pleadings
Criminal Justice System. Pleadings- written statements of the respective claims and
 Crimes are “owned” by the state, prosecuted by the state defenses of the parties submitted to the court for
in its own name. appropriate judgment.
 “People vs. [the accused]”
 There is no common law in the PH Pleadings Allowed
Common law -The claims of a party are asserted in a complaint, counterclaim,
-based on case laws or decisions of the court cross-claim, third (fourth,etc.)-party complaint or
-body of principles, usages and rules of action complaint-in-intervention.
-do not rest their authority upon any express and positive
declaration of the will of the legislature. Complaint
*Court decisions are not sources of criminal law because they -pleading alleging the plaintiffs cause or causes of action.
merely explain the meaning and application of the law of the *names & residences of the plaintiff and defendant must be
Congress. stated in the complaint.
9. Civil Actions Answer -a pleading in which a defending party sets forth his
-a party sues another for the enforcement/ protection of a right, or defenses
the prevention or redress of a wrong. Defenses
-may be:  Negative Defense: specific denial of the material fact/ facts
a. Ordinary Civil Action alleged in the pleading of the claimant essential to his
b. Special Civil Action cause/causes of action.
*Both are governed by the rules for ordinary civil actions, subject  Affirmative Defense: an allegation of a new matter which,
to the specific rules prescribed for a special civil action. while hypothetically admitting the material allegations in the
pleading of the claimant would nevertheless prevent/ bar
CRIMINAL ACTION CIVIL ACTION recovery by him.
State prosecutes a person for One by which a party sues -fraud, statute of limitations, release, payment, illegality,
an act/ omission punishable another for the enforcement/ statute of frauds, estoppel, former recovery and etc.
by law. protection of a right, or the Counterclaim -any claim which a defending party may have
prevention/ redress of a against an opposing party.
wrong. Compulsory counterclaim
-cognizable by the regular courts of justice.
 -arises out of or is connected with the transaction or occurrence
constituting the subject matter of the opposing party’s claim and
doesn’t require for its adjudication the presence of third parties
of whom the court cannot acquire jurisdiction.
Cross-claim – any claim by one party against a co-party arising
out of the transaction/occurrence that is the subject matter
either of the original action/ of a counterclaim therein.
Counter-counterclaims
- May be asserted against an original counter-claimant
Counter-cross-claims
- May also be filed against an original crossclaimant [Cross-
claims]
Reply -deny ,or allege facts in denial or avoidance of new
matters alleged by way of defense in the answer and
thereby join/ make issue as to such new matters.
*If a party does not file such reply, all the new matters alleged in
the answers are deemed controverted.
*If the plaintiff wishes to interpose any claims arising out of the
new matters so alleged, such claims shall be set forth in an
amended/ supplemental complaint.
Third (fourth, etc.)-party complaint
-claim that a defending party may, with leave of court, file
against a person not a party to the action, called the third
(fourth, etc)- party defendant, for contribution, indemnity,
subrogation or any other relief, in respect of his opponent’s
claim.
Bringing new parties
 the court shall order them to be brought in as defendants,
if juriscdiction over them can be obtained.
Answer to the third (fourth, etc.)- party complaint
 party defendant may allege in his answer his defenses,
counterclaims or cross-claims, [including such defenses
that the third (fourth, etc.)- party plaintiff may have against
the plaintiffs claim.
 May also assert a counterclaim against the original
plaintiff in respect of the latter’s claim against the third-
party plaintiff.
Parts of Pleadings
Caption
-name of the court
-title of the action (indicates the names of the parties)
-docket number if assigned.
Body -sets forth its designation, the allegations of the party’s
claims/defenses, the relied prayed for, and the date of the
pleading.
 Paragraphs -readily identified, each shall contain a
statement of a single set of circumstances so far
as that can be done with convenience.
 Headings -2 or more causes of action are joined; “first
cause of action” “second cause of action”
* “Answer to the first [second… etc] causes of action”
- when one or more paragraphs in the answer are
addressed to one of several causes of action in the
complaint.
* Words to that effect: when one or more
paragraphs of the answer are addressed to several
causes of action.
 Relief-specify the relief sought, but it may add a general
prayer for such further/other relief as may be
deemed just/equitable.
Signature and address
-must be signed by the party or counsel representing him, stating
in either case his address which should not be a post office box.
Verification -verified by an affidavit that the affiant has read the
pleading and that the allegations therein are true and correct of
his knowledge and belief.
* Lack of proper verification = unsigned pleading
Certification against forum shopping
Plaintiff/principal party shall certify under oath in the complaint/
other initiatory pleading asserting a claim for relief or in a sworn
certification annexed thereto and simultaneously filed therewith:
1. He has not commenced any action or filed any claim
involving the same issues in any court, tribunal or quasi-
judicial agency and, to the best of his knowledge, no such
other action/claim is pending therein.
2. If there is such other pending action/claim, a complete
statement of the present status.
3. If he should thereafter learn that the same/ similar action/
claim has been filed or is pending, he shall report that fact
within 5 days therefrom to the court wherein his aforesaid
complaint or initiatory pleading has been filed.

*Failure to comply= not curable by mere amendment

*Submission of a false certification/non-compliance=
indirect contempt of court