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Civil Procedure – Riano Reviewer 2013400059 1

Chapter 1 - if there is a cause of action, lawyer starts the preparation of the


General Principles complaint.
- Before doing so, the lawyer should determine the court that
I. Introduction to Ordinary Civil Actions should take cognizance of the action
- Filing in the wrong jurisdiction: ground for dismissal of
1. Complaint complaint either upon proper motion by adverse party or upon
court’s own motion (motu propio)
- Filing of a complaint gives life to procedural rules and triggers - Jurisdiction over the subject matter: not found in the ROC
their application which civil action is commenced because it is a matter of substantive law and not procedural
- First pleading filed with the court by the party called the
plaintiff C. Venue
- Primary purpose of pleading: sue another for the enforcement
or protection of a right or prevention of a wrong - court with the appropriate jurisdiction having been
- Means by which the plaintiff apprises the adverse party, called determined, counsel, then goes on to determine the place
the defendant, of the nature and basis of the claim where the action is to be filed.
-
A. Right of action and cause of action

Right of Action Cause of Action


Right to file a suit Refers to an act or omission by
which a party violates the rights of
another
Procedural in character Substantive law applies legal basis
for cause of action
Consequence of the violation of Involves right of a plaintiff and a
the right of the plaintiff 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