CIVIL ACTION v SPECIAL PROCEEDING CIVIL ACTION is one by which one party sues another for the enforcement

t or protection of a right, or the prevention or redress of a wrong. SPECIAL PROCEEDING refers to a remedy by which a party seeks to establish a status, a right, or particular fact. COMMENCEMENT OF ACTION All actions and proceedings in the shariah court shall be commenced by complaint which shall be prepared at least in triplicate by the plaintiff or his counsel or by the clerk of court. CLASSIFICATION OF PARTIES 1. INDISPENSABLE PARTIES those without whom no final determination can be had of an action. 2. NECESSARY or proper parties, who are not indispensable but who ought to be joined as parties if complete relief is to be accorded as to those already parties, or for a complete determination or settlement of the claim subject of the action. 3. REPRESENTATIVE acting in a fiduciary capacity, or allowed to sue or be sued in behalf of other persons such as the trustees of an express trust, guardian, executor, or administrator or party authorized by statute. 4. PRO FORMA required to be joined as co parties in suits by or against another party ass may be provided by the applicable substantive law or procedural rule. 5. QUASI PARTIES who are already represented in the suit or who comes within the compass of the proceedings pendent lite or those in whose behalf a class or representative suit is brought. COMPALINT a pleading alleging the plaintiffs cause or causes of action. The names and residences of the parties must be stated. A kind of pleading which contains a written statement of the claim of the plaintiff submitted to the court for trial and judgment. REQUISITES OF COMPLAINT 1. The thing sued for be known 2. If the defendant acknowledges the truthfulness of the plaint, a relief may be granted 3. The plaint should not be vexatious 4. Plaint must be brought with certainty of cause of action 5. Plaint should be such sort that good reasons does not deny its truthfulness ULTIMATE FACTS v EVIDENTIARY FACTS ULTIMATE FACTS the important and substantial facts which either directly from the basis of the plaintiffs primary right and duty or directly make up the wrongful acts or omissions of the defendant. The essential facts constituting the plaintiffs cause of action. A fact is essential if it cannot stricken out without leaving the statement of the cause of action insufficient. EVIDENTIARY which go to prove the case. They may be essential at the trial, but not in the pleading of a cause of action. CAUSE OF ACTION act or omission by which a party violates a right of another. REQUISITES OF CAUSE OF ACTION 1. Legal right of the plaintiff 2. Correlative obligation of the defendant 3. Act or omission of the defendant in violation of said legal right

PARTS OF COMPLAINT 1. Caption 2. Body 3. Verification 4. Certification PARTS OF BODY 1. Paragraphs 2. Headings 3. Relief 4. Signature and address ACTIONABLE DOCUMENT written instrument or document upon which party or pleader reliefs for his claim or defense. SUPPLEMENTAL PLEADING v. AMMENDED PLEADING 1. SP refers to facts arising after the filing of the original pleading: AP refers to facts already existing at the time of the commencement of the action. 2. SP is merely an addition to, but does not result in the withdrawal of, the original pleading; AP results in the withdrawal of the original pleading. 3. SP can only be made with leave of court; AP can be made as of right, as when no responsive pleading has yet been filed. SUMMONS a writ by which the defendant is notified of the action brought against him. CONTENTS OF SUMMONS 1. Name of the court and names of the parties to the action 2. Direction that the defendant answer within the time fixed MODES OF SERVICE OF SUMMONS 1. BY SERVICE IN PERSON by handing a copy thereof to the defendant in person, or if he refuses to receive and sign for it, by tendering it to him. 2. BY SUBSTITUTED for justifiable reason, defendant cannot be served within reasonable time as provided in the preceding section, service may be effected by; a. By leaving a copies of the summons at the defendants residence with some person of suitable age and discretion then residing therein b. By leaving the copies at defendants office or regular place of business with some competent person in charge thereof. 3. BY EXTRA TERRETORIAL when the defendant does not reside and is not found in the Philippines and the action affects the personal status of the plaintiff. ANSWER is a pleading in which a defending party sets forth his defenses which may be negative and/or affirmative defenses. KINDS OF DEFENSES 1. NEGATIVE the specific denial of the material fact or facts alleged in the pleading of the claimant essential to his cause or causes of action. 2. AFFIRMATIVE allegation of a new matter which, while hypothetically admitting the material allegations in the pleading of the claimant, would nevertheless prevent or bar recovery him. It include fraud, statute of limitations, release, payment, illegality, statute of frauds, estoppels, former recovery, discharge in bankruptcy and any other matter by way of confession and avoidance. KINDS OF DENIAL 1. ABSOLUTE a specific denial of a material allegation of fact and setting forth the substance of the matters relied upon to support the denial.

2. QUALIFIED denial of only a part of the averment and admitting the remainder. 3. PLAIN denial where the pleader states that he has no knowledge or information sufficient to form a belief as to the truth of a material averment. 4. NEGATIVE PREGNANT denial of material allegation of fact. A general denial. Must always use the word specifically and is equivalent to admission. COUNTERCLAIM any claim which defending party may have against an opposing party. CROSS CLAIM any claim by one party against a co party arising out of the transaction or occurrence that is the subject matter either of the original action or of a counterclaim therein. KINDS OF COUNTERCLAIM 1. COMPULSORY This arises out of and is necessarily connected with the transaction or occurrence that is the subject matter of the opposing partys claim. 2. PERMISSIVE one which does not arise out of, nor is it necessarily connected with the subject matter of the opposing partys claim. REPLY a pleading, the office or function of which is to deny, or allege facts in denial or avoidance of new matters alleged by way of defense in the answer and thereby join or make issue as to such new matters. FILING the act of presenting the pleading or other paper to the clerk of court. SERVICE act of providing a party with a copy of the pleading or paper concerned. MODES OF SERVICE 1. PERSONAL may be made by delivering personally a copy to the party or his attorney or by leaving it in his office with his clerk or with a person having charge thereof. Complete upon delivery. 2. BY MAIL service by registered mail shall be required if registry service exists in the locality; otherwise, service may be made by depositing the copy in the post office in a sealed envelope, plainly addressed to the party or his attorney at his office or otherwise at his residence. ORDINARY MAIL, Complete upon the expiration of 5 days after mailing, unless the court otherwise provides. SERVICE OF REGISTERED MAIL complete upon actual receipt by the addressee but if fails to claim from the post office within 5 days from the date of first notice of the post master, service shall take effect at the time of the expiration of such time. 3. SUBSTITUTED the office and place of residence of the party or his attorney being unknown, service may be made by delivering the copy to the clerk of court, with proof of failure of both personal service and service by mail. It is complete