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Module 2. Reading Guide. Civil Action

This document provides an overview of key concepts in civil procedure law, including cause of action, parties to a civil action, types of actions, and venue. It discusses the rules and requirements for establishing a cause of action and addresses issues like joinder, splitting claims, and sufficiency. The document also outlines who can be a party in a civil case, such as natural persons, juridical persons, and classes. It defines different types of actions like real and personal actions. Finally, it covers venue rules and conditions that may apply before filing a civil case, such as barangay conciliation or family court proceedings.

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57 views

Module 2. Reading Guide. Civil Action

This document provides an overview of key concepts in civil procedure law, including cause of action, parties to a civil action, types of actions, and venue. It discusses the rules and requirements for establishing a cause of action and addresses issues like joinder, splitting claims, and sufficiency. The document also outlines who can be a party in a civil case, such as natural persons, juridical persons, and classes. It defines different types of actions like real and personal actions. Finally, it covers venue rules and conditions that may apply before filing a civil case, such as barangay conciliation or family court proceedings.

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Please I Need The File
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© © All Rights Reserved
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UNIVERSITY OF SAN CARLOS

SCHOOL OF LAW AND GOVERNANCE


College of Law
Cebu City

READING GUIDE. MODULE 2. ACTION AND CAUSE OF ACTION

I. Jurisdiction (see discussion in Module 1)


II. Cause of Action
Rule 2, RCP
Spouses Decena v. Spouses Piquero, G.R. No. 155736, March 31, 2005
a. Sufficiency of Cause of Action
Fluor Daniel, Inc.-Philippines v. E.B. Villarosa & Partners Co., Ltd., G.R. No. 159648,
July 27, 2007
Travel Wide Associated Sales vs. Court of Appeals, G.R. No. 77356, July 15, 1991
Heirs of Loreto C. Maramag vs Maramag, GR No. 181132, June 5, 2009

i. Failure to state a cause of action distinguished from


Lack of cause of action
Pacaña- Contreras vs Rovilla Water Supply, Inc.,
GR No. 168979, December 2, 2013
Philippine National Bank v. Spouses Rivera,
G.R. No. 189577, April 20, 2016
Gemina v. Eugenio, G.R. No. 215802, October 19, 2016

b. Joinder/ Misjoinder of Causes of Action


Sps. Decena vs Sps. Piquero, G.R. No. 155736. March 31, 2005
Republic v. Hernandez, G.R. No. 117209, February 9, 1996
Unicapital, Inc. vs Consing, GR No. 175277 & 175285, Sept 11, 2013
Cf: Rule 3, Section 6

c. Alternative Causes of Action


Eagleridge Development Corp. v. Cameron Granville 3 Asset Management, Inc., G.R.
No. 204700 (Resolution), [November 24, 2014])

d. Splitting a Single Cause of Action


Chu v. Spouses Cunanan, G.R. No. 156185, September 12, 2011
FCD Pawnshop vs Union Bank, GR No. 207914, January 18, 2017

III. Parties to a Civil Action


Rule 3, RCP
a. Real party-in-interest
Magallanes v. Palmer Asia, Inc., G.R. No. 205179, July 18, 2014

i. Indispensable Party
Philippine Veterans Bank v. Spouses Sabado,
G.R. No. 224204, August 30, 2017
Lagunilla and Monis vs Velasco, GR No. 169276, June 16, 2009
Philippine National Bank vs Hrs of Militar, GR No. 164801,
August 18, 2005

ii. Necessary Party


Chua vs. Torres and Beltran, GR No. 151900, August 30, 2005
Caravan Travel and Tours International, Inc. vs Abejar,
GR No. 170631, February 10, 2016

iii. Unwilling co-plaintiff


Resident Marine Mammals vs. Reyes, GR No. 180771, April 21, 2015

iv. Who may be parties


Article 44, Civil Code
Board of Optometry v. Colet, G.R. No. 122241, July 30, 1996

1. Natural persons
2. Juridical persons
3. Entities authorized by law
2

4. Minors as parties

b. Indigent/ pauper litigants


Pangcatan vs Maghuyop, supra.
Algura vs Local Government of Naga, GR No. 150135, October 30, 2006

c. Class suit
Borlasas vs Polistico, GR No. 22909, January 28, 1925
Juana Complex I Homeowners Association, Inc. vs Fil- Estate Land,
GR No. 152272, March 5, 2012

d. Defendant
i. Unknown defendant
ii. Alternative defendants

e. Joinder of Parties
Cabutihan vs Landcenter Construction, GR No. 146594, June 10, 2002
Rule 3, Section 6

f. Distinguished from locus standi


Nazareno vs. City of Dumaguete, G.R. No. 168484. July 12, 2007

g. Effect of death of a party upon an action


Sulpicio Lines, Inc. v. Sesante, G.R. No. 172682, July 27, 2016
Torres vs Balligi, GR No. 177836, September 4, 2009

Jardeleza v. Spouses Jardeleza, G.R. No. 167975, June 17, 2015

IV. Action
Macasaet vs Co, GR No. 156759, June 5, 2013

a. Real
Salvador and Zuniga vs Locsin, GR No. L-4629, May 29, 1953
Gochan vs. Gochan, GR No. 146089, December 13, 2001
Civil Service Commission vs Rasuman, GR No. 239011, June 17, 2019

b. Personal
Far East Bank and Trust Co. v. Spouses Plaza,
G.R. No. 154489, July 25, 2003
Orbeta vs Orbeta, GR No. 166837, November 27, 2006

c. In personam
Asiavest Limited vs Court of Appeals, GR No. 128803, Sept 25, 1998
Paderanga vs. Buissan, GR No. 49475, Sept 28, 1993
The Dial Corporation vs Soriano, GR No. 82330, May 31, 1988

d. In rem
Alba vs. Court of Appeals, GR No. 164041, July 29, 2005
Brasil vs Court of Appeals, GR No. 121576-78, June 16, 2000

e. Quasi In Rem
Perkins vs Dizon, GR No. 46631, November 16, 1939
Yu vs Yu, GR No. 200072, June 20, 2016

V. Venue
Rule 4, RCP
a. Rules on venue: when applicable; when not applicable
b. Venue of real actions
c. Venue of personal actions
d. Venue of actions against non-residents

Bank of the Philippine Islands vs Hontanosas, GR No. 157163, June 25, 2014
Unimasters vs Court of Appeals, GR No. 119657, Feb 7, 1997
Briones vs Court of Appeals, GR No. 204444, January 14, 2015

2
3

VI. Conditions Precedent


a. Barangay Conciliation
PD 1508
Chapter VII, Republic Act 7160

b. Article 151, Family Code


Wee vs Galvez, GR No. 147394, August 11, 2004
Martinez vs Martinez, GR No. 162084, June 28, 2005
Hontiveros vs RTC Branch 25, Iloilo City, GR No. 125465, June 29, 1999

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