16884062 Ateneo 2007 Civil Procedure

Topics: Pleading, Civil procedure, Complaint Pages: 73 (38846 words) Published: December 3, 2014
ATENEO CENTRAL BAR OPERATIONS 2007
Remedial Law
SUMMER REVIEWER
3. Special Proceedings – remedy by which a party
seeks to establish a status, a right, or a particular
fact.

CIVIL PROCEDURE

CLASSIFICATION OF ACTIONS
(A) As to nature

RULE 1
GENERAL PROVISIONS
Section 1. Title of the Rules
The Rules of Court are not penal statutes. They
cannot be given retroactive effect. They can,
however, be made applicable to cases pending at the
time of their passage and therefore are retroactive in
that sense.
Under the 1987 Constitution, the rule-making power
of the Supreme Court has the following limitations:
1. It must provide a simplified and inexpensive
procedure for the speedy disposition of
cases;
2. Uniform for all courts of the same grade; and
3. Shall not diminish, increase or modify
substantive rights (Art: VIII Section 5[5]).
Section 2. In what courts applicable
Section 3. Cases governed
ACTION
CLAIM
An ordinary suit in a A right possessed by one
court of justice.
against another.
One party prosecutes The moment said claim is
another
for
the filed before a court, the
enforcement
or claim is converted into an
protection of a right or action or suit.
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of a wrong.

ORDINARY
ACTION
Governed by
rules.

ordinary

Formal demand of one’s
legal rights in a court of
justice in the manner
prescribed by the court
for by the law.

SPECIAL CIVIL ACTION
Also governed by ordinary
rules but SUBJECT to
specific rules prescribed
(Rules 62 to 71).
Special features not found
in ordinary civil actions.

(B) As to object
ACTION
IN
REM
Direct against
the thing itself.
Jurisdiction over
the person of
the defendant is
NOT required.

ACTION
IN
PERSONAM
Directed against
particular
persona
Jurisdiction over
the person of
the defendant
IS required.

A proceeding to
determine the
state
or
condition of a
thing.

An action to
impose
a
responsibility or
liability upon a
person directly.

Judgment is
binding on the
whole world.

Judgment is
binding
only
upon parties
impleaded or
their
successors in
interest.
Ex. Action for
specific
performance;
action
for
breach
of
contract.

APPLICABILITY:
1. 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.
2. Criminal Action – one by which the Stake
prosecutes a person for an act or omission
punishable by law.

CIVIL

Ex.
Probate
proceeding;
cadastral
proceeding.

ACTION QUASI
IN REM
Directed against
particular
persons.
Jurisdiction over
the person of
the defendant is
NOT
required
as
long
as
jurisdiction over
the
res
is
acquired.
A proceeding to
subject
the
interest of a
named
defendant over
a
particular
property to an
obligation or lien
burdening it.

Judgment
binding upon
particular
persons.

Ex. An action
for
partition;
action
to
foreclose real
estate
mortgage.

—Advisers: Atty. Tranquil Salvador III; Head: Mary Elizabeth M. Belmonte, Renee Lynn C. Miciano, Ma. Cecillia G. Natividad; Understudies: Neliza Macapayag, Benjamin C. Yan—

Civil Procedure Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
The distinction is important in determining whether or
not jurisdiction over the persons of the defendant is
required.

The Rules of Court are applicable by analogy or in a
suppletory character and whenever practicable and
convenient.

(C) As to cause
REAL ACTION PERSONAL
ACTION
Ownership or Personal
possession of property
is
real property is sought to be
involved.
recovered
or
where
damages
for
breach
of
contract
are
sought.
Founded
on Founded
on
privity of real privity
of
estate.
contract.
Filed in the Filed in the
court where the court where the
property or any plaintiff or any
part thereof is of
the
situated...
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