Civil Procedure Riano Reviewer 20134000591

Chapter 1General Principles

I. Introduction to Ordinary Civil Actions

1. Complaint

Filing of a complaint gives life to procedural rules and triggers their application which civil action is commenced First pleading filed with the court by the party called the plaintiff Primary purpose of pleading: sue another for the enforcement or protection of a right or prevention of a wrong Means by which the plaintiff apprises the adverse party, called the defendant, of the nature and basis of the claim

A. Right of action and cause of action

Right of ActionCause of Action

Right to file a suitRefers to an act or omission by which a party violates the rights of another

Procedural in characterSubstantive law applies legal basis for cause of action

Consequence of the violation of the right of the plaintiffInvolves right of a plaintiff and a violation of this right by the defendant

No right of action where there is no cause of action.

Even if plaintiff has a legitimate cause of action he is precluded by the Rules of Court from instituting more than one suit for a single cause of action. Cannot split a single cause of action into several parts and make each part the subject if a separate complaint

B. Jurisdiction if there is a cause of action, lawyer starts the preparation of the complaint. Before doing so, the lawyer should determine the court that should take cognizance of the action Filing in the wrong jurisdiction: ground for dismissal of complaint either upon proper motion by adverse party or upon courts own motion (motu propio) Jurisdiction over the subject matter: not found in the ROC because it is a matter of substantive law and not procedural

C. Venue

court with the appropriate jurisdiction having been determined, counsel, then goes on to determine the place where the action is to be filed.