BRANDO D. TUAZONCIVIL PROCEDURESummer Class 2015Professor: Atty.Rodolfo Rabaja

CIVIL PROCEDURE OVERVIEWCivil Actions are classified into ordinary and special civil actions, a civil action is a formal demand of ones legal rights in a court of justice in the manner prescribed by the court or by law. It is the method of applying legal remedies according to definite established rules.Every ordinary civil action must be based on a cause of action. A cause of action is a formal statement of the operative facts that give rise to a remedial right.The essential elements of a cause of action are the following: 1) A right in favor of the plaintiff by whatever means and whatever law it may be derived from 2) An obligation on the part of the named defendants to respect or not to violate such right 3) Violation of such right by the defendant. Absence of one of these elements results to lack of cause of action.

CASES COGNIZABLE BY THE REGIONAL TRIAL COURTThe Regional Trial Court is a court of general jurisdiction meaning, all cases not cognizable under the jurisdiction of special courts or the first level courts such as the Municipal Trial Courts, Municipal Circuit Trial Courts, Metropolitan Trial Courts and Trial courts in cities shall be under the jurisdiction of the Regional Trial Courts.

The latter having original and appellate jurisdiction.In the following original (not appellate) civil actions, the RTC has exclusive jurisdiction.

1. When the subject matter of the action is incapable of pecuniary estimation. Example: expropriation and determination of contractual obligations.2. Cases not within the exclusive jurisdiction of any court, tribunal, or person exercising judicial or quasi-judicial functions3. In civil actions where the demand for sums of money or value of property exceeds P300,000 in the provinces, or P400,000 in Metro Manila. These jurisdictional amounts are exclusive of damages, interest, attorneys fees, litigation expenses and costs.4. If the main cause of action is claim for damages, then the amount claimed as damages must be exceed P300,000 in the provinces, or P400,000 in Metro Manila.5. Admiralty and maritime cases where amounts claimed exceed P300,000 in the provinces, or P400,000 in Metro Manila.6. Actions involving title or possession of real property or interest therein where the assessed value exceeds P20,000 in the provinces or P50,000 in Metro Manila. However, forcible entry and unlawful detainer cases, irrespective of amounts involved are not cognizable by the RTC but by the MTC.7. Probate proceedings, whether testate or intestate, where the gross value of the estate exceeds P100,000 in the provinces, or P200,000 in Metro Manila.8. In tax collection cases, where the principal amount of taxes and fees, exclusive of charges and penalties, claimed exceeds P300,000 for the provinces or P400,000 in Metro Manila but less than P1 million. For amounts P1 million and above, the Court of Tax Appeals has exclusive original jurisdiction.9. Actions and special proceedings falling within the exclusive original jurisdiction supposedly under the Juvenile and Domestic Relations Court and of the Court of Agrarian Relations.10. Cases transferred to the RTC by the Securities Regulation Code including 1) Fraudulent devices or schemes employed directors or officers 2) Intra-corporate controversies 3) corporate election controversies 4) derivative suits 5) inspection of corporate books of accounts11. Suspension of payments and corporate rehabilitation

JURISDICTION OF THE FAMILY COURTSPart of the jurisdiction that used to be under the RTC has been transferred to the Family Courts, which are special courts. Some RTC have been temporarily designated as Family Courts. The Family Courts shall have exclusive original jurisdiction over these cases:

1. Criminal cases where one or more of the accused is below 18 but not less than 9 years old when the offense was committed.

2. Where one or more of the victims is a minor at the time of the commission of the offense.3. Petitions for guardianship, custody of children, and habeas corpus in relation to the children.4. Petitions for adoption of children.5. Complaints for annulment of marriage, declaration of nullity of marriage and those relating to marital status and property relations of husband and wife or those living together under different status and agreements, and petitions for dissolution of conjugal partnership of gains.6. Petitions for support or acknowledgment.7. Summary judicial proceedings brought under the Family Code.8. Petitions for declaration of status of children as abandoned, dependent or neglected children, petitions for voluntary or involuntary commitment of children; the suspension, termination, or restoration of parental authority and other cases cognizable under P.D. 603, EO 56, and other related laws;9. Petitions for the constitution of the family home.10. Cases against minors cognizable under the Dangerous Drugs Act.11. Violations of RA 7610, (Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act)12. Cases of domestic violence against women, which are acts of gender based violence that results, or are likely to result in physical, sexual or psychological harm or suffering to women; and other forms of physical abuse such as battering or threats and coercion which violate a woman's personhood, integrity and freedom of movement; and

13. Cases of domestic violence against children, which include the commission of all forms of abuse, neglect, cruelty, exploitation, violence, and discrimination and all other conditions prejudicial to their development.

14. If an act constitutes a criminal offense, the accused or batterer shall be subject to criminal proceedings and the corresponding penalties. If any question involving any of the above matters should arise as an incident in any case pending in the regular courts, said incident shall be determined in that court.

PREPARATION AND FILING OF THE COMPLAINTA cause of action inclusive of its nature is determined by the averments, allegations and material facts contained in a complaint. Such particular averments are asserted by the plaintiff and not that of a defendant in an answer.

A complaint must have a caption which indicates the names of the parties, the court where the action is to be filed and the docket number assigned. A complaint must also have a body where the particular facts, allegations, cause of actions and averments are contained.

The body of a pleading usually contains paragraphs, headings, relief sought for date, signature of the plaintiff/s, verification and certificate of non-forum shopping.

Verification and certificate of non-forum shopping is vital as it serve proof and assurance that the allegations have been made in good faith, true and correct and that no other actions have been filed in other courts for purposes of fishing for a favorable judgment.

In a number of cases, lack of a certification against forum shopping is generally not cured by its submission after the filing of the petition.Once a complaint has been prepared, it should be filed in the clerk of court having jurisdiction over the case. It is quite important that copies of the complaint be served to the defendants or opposing parties so as not to be deprived of due process.Once the complaint has been filed and served, the plaintiff shall pay to the clerk the corresponding docket fees.Jurisprudence holds the rule that non-payment of docket fees does not vest jurisdiction upon the courts where the case was filed. Docket fees shall be calculated by the Clerk of Court based upon the relief sought for in pecuniary estimation and in consideration of the prescribed rates under the 1987 Revised rules of court.

After the docket fees have been fully paid, the case shall then be raffled, the court which has been drawn from the raffle shall try the case.

PRE-TRIAL

A pre-trial conference is designed to prevent surprises and maneuvering, it is set to compel the parties and their counsels to appear before the court and negotiate if possible an amicable settlement or otherwise make a formal statement and embody in a single document the issues of facts and law involved in the action and such other matters as may aid in the prompt disposition of the actions.

It is also necessary in order that number of witnesses to be presented by both parties be manifested to the court. It is also a mode of compressing the issues to be tackled once trial has been commenced. It has been known that Pre-trial is the road map to the trial itself. Although pre-trial is mandatory, it is not jurisdictional.

If the parties opted to arrive at an amicable settlement, the court will set for a mediation proceeding and the parties may settle for a compromise agreement, the reason being is to unclog the court dockets and further prevent cases which would exhaust the time and resources of the courts.

If the parties however do not arrive at an amicable settlement the case shall then proceed to trial proper.

TRIAL PROPERTrial is the point where the court shall hear the case base on the merits of the complaints and answers, the presentation of witnesses, evidence and all other factors which shall lead the court in its final determination of such case.The sequence of trial of a civil case is like that of a criminal case except that there is no arraignment and plea bargaining. The court shall order the counsel of the plaintiff to conduct his direct examination of his witnesses the direct or chief examination shall extract from the witnesses relevant facts which shall tend to prove the plaintiffs claim.

Once the direct examination of the plaintiffs witness has been concluded, the same witness shall then be cross-examined by the counsel of the defendant, during such cross-examination, only questions which are connected to those asked during the direct examination shall be allowed.

If there are two or more witnesses, all shall be subjected to direct examination by the plaintiffs counsel and shall thereafter be subject to cross examination by the counsel of the defendant until all witnesses of the plaintiff have testified in court.

After all witnesses of the plaintiff have testified in court, it shall formally offer all of its exhibits subject to certain objections if any and finally to the ruling of the court which shall be explained later.

After the plaintiffs presentation of witnesses and their testimony, it shall then be the turn of the defendant to present his witnesses. The counsel of the defendant shall conduct his direct examination over the defendants witnesses, the purpose of which is to extract relevant facts and information to counter the complaint and averments of the plaintiff.

Once the counsel for the defendant has finish examining the witness, it shall be the turn of the counsel for the plaintiff to conduct cross-examination over the same witness. As stated before, only questions connected to the direct examination shall be allowed in the cross examination otherwise it is subject certain objections.All witnesses of both parties must be accounted for.

FORMAL OFFER OF MARKED EXHIBITSAfter the presentation of witnesses the plaintiff shall now formally offer its exhibits, usually such procedure may be done verbally if the amount of evidence to be introduced is not voluminous so as not to waste the time of both the court and of the parties.If however there is voluminous evidence to be presented by the plaintiff, the manner of offering such exhibits shall be in written form. The contents of which shall range from the heading, what type of evidence is presented, its title or name if any and the reason and purpose why such exhibit is being formally offered.After the course of formally offering the plaintiffs exhibits, the defendant after the turn of the opposing party may or may not object to exhibits which are being offered. In objecting thereto, the defendant shall state the name or title of an exhibit marked and offered, he shall then state his objection and the reason as to why he is objecting so as such exhibit will not be deemed admitted by the judge.

The possible valid grounds for objection to exhibits are: 1. It is irrelevant, it is immaterial, incompetent, incriminating, hearsay; 2. It violates the;3. best evidence rule;4. parol evidence rule;5. privileged communication;6. hypothetical question and the witness is not an expert witness;7. documentary or object evidence not properly identified or authenticated. After the plaintiffs has concluded its formally offering marked exhibits, it shall then be the turn of the defendant, following the same principle as stated earlier it may formally offer its exhibits in verbal or in written form depending upon the given circumstance.Thereafter, once the defendant has concluded its formal offer, the plaintiff shall also have the opportunity to object thereto based upon the above given grounds.RULING OF THE COURTNow, after the formal offer of exhibit comes now the ruling of the court, if all exhibits formally offered by both parties have been admitted and without being objected thereto the court the court shall now admit and make on record all of the exhibits which have been formally offered.

If however certain exhibits have not been admitted, the remedy of either party is to tender proof of the excluded exhibits meaning to say, they shall manifest before the court as to why such exhibits should be admitted.

RESTING THE PLAINTIFFS CASEIf all of the exhibits of the plaintiff has been admitted and it has already tendered proof of such exhibits, the counsel of the complainant may now formally rest its case.After the plaintiff has rest its case, it shall now be the defendants turn to present its witnesses and formally offer its exhibits as earlier mentioned.The final phase of the trial shall be the rendering of judgment by the court, it is a rule that judgment must be in writing, written in official language, personally prepared and signed by the judge, it must contain the clear and distinct statement of the facts and the law on which it is based otherwise said judgment may be questionable based on certain legal grounds.

REFERENCES:1987 Revised Rules of Court (Philippines);Revised Rules of Civil Procedure Annotated, Judge Pelagio Estopia (2013);Remedial Law Reviewer, Dean Riano;Outline in Criminal Procedure, Atty. Rodolfo Rabaja;Street Journalist Blogsite Online;Lawphil.net;Chanrobles;