Civil Procedure Reviewer

Topics: Civil procedure, Service of process, Pleading, Complaint / Pages: 141 (35176 words) / Published: Sep 29th, 2013
CIVIL PROCEDURE

3.

Rule 1 – General Provisions
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. It may either be ordinary or special. (§3(a))
Criminal Action - One by which the State prosecutes a person for an act or omission punishable by law (§3(b))
Special Proceeding - A remedy by which a party seeks to establish a status, a right, or a particular fact (§3(c))
Instances where the Rules of Court are Not
Applicable (R1, §4)
1. Election cases,
2. Land registration,
3. Cadastral,
4. Naturalization and
5. Insolvency proceedings, and
6. Other cases not provided for in the rules, except by analogy or in a suppletory character and whenever practicable and convenient When a Civil Action is Commenced (§5)
1. General Rule: The filing of the original complaint in court.
2. Except: 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.
RULE 2 – Cause Of Action
Cause of Action
1. Definition: the act or omission by which a party violates a right of another (§2); It is the basis of every civil action (§1)
2. A party may not institute more than one suit for a single cause of action. (§3) If two or more suits are instituted on the basis of the same cause of action, the filing of one or a judgment upon the merits in any one is available as a ground for the dismissal of the others. (§4)
3. Misjoinder of causes of action is not a ground for dismissal of an action. A misjoined cause of action may, on motion of a party or on the initiative of the court, be severed and proceeded with separately. (§6)
When Joinder Allowed (§5)
1. The party joining the causes of action complies with the rules on joinder of parties;
2. The joinder shall not include special

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