REMEDIAL LAW 1 SECTION 5 - COMMENCEMENT OF ACTION

GENERAL PROVISIONS
RULE 1 A civil action is commenced by:
SECTION 1 RULES OF COURT
Rules of court DO NOT HAVE RETROACTIVE EFFECT.
FILLING OF THE ORIGINAL COMPLAINT IN COURT/ APPROPRIATE
SECTION 2 IN WHAT COURTS APPLICABLE INITIATORY PLEADING. (Additional defendant is impleaded in a later
Rules of court shall apply in ALL COURT, except as otherwise provided by the SC pleading, the action is commenced with regard to him on the dated of the
filing of such LATER PLEADING, irrespective of whether the motion for its
SECTION 3 CASES GOVERNED admission, if necessary, is denied by the court)
CIVIL ACTION one by which a party sues another for the enforcement or protection
of a right, or prevention or redress of a wrong.
CIVIL ACTION may either be ORDINARY or SPECIAL. BOTH are governed by the PAYMENT OF PROPER DOCKET FEES
rules for ordinary civil actions, SUBJECT to the specific rules prescribed for a special
civil action.
CRIMINAL ACTION is one by which the state prosecute a person for an act or
omission punishable by law.
SPECIAL PROCEEDING is a remedy by which a party seeks to establish a status, a SECTION 6. Liberally construed in order to promote their objective of securing a just, speedy
right or a particular fact. and inexpensive disposition of every action and proceeding.

SECTION 4 IN WHAT CASES NOT APPLICABLE

(1) Election cases;
(2) Land registration Cases;
(3) Cadastral cases;
(4) Naturalization cases; and
(5) Insolvency proceedings except by analogy or in
suppletory character and whenever practicable and
convenient