“Kakasuhan kita!” (“I am going to sue you!”)

Disclaimer: This is only a simple explanation of an ordinary civil action and its basic case flow based from the lessons which I have learned. I have no experience in litigation, and all of the contents in this post are purely based from what I have read from books and cases. Should you find any flaws in any of my explanations, please do not hesitate to comment down below. I would really appreciate your questions and comments.

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“Kakasuhan kita!” is a common phrase often used by aggrieved individuals here in the Philippines. However, not all persons may just come to to the court and say "I am going to sue Jose because his face annoys me!". We must first determine whether or not we have the right to sue, and to do this we must determine whether or not we have a "Cause of Action".

First let us define what an ordinary civil action is. Under Rule 2 Section 1 of the Rules of Court, an Ordinary Civil Action is an action which is based on a “Cause of Action”.

What is a “Cause of Action”? Under Rule 2 Section 2 of the same law, a cause of action is the act or omission by which a party violates the right of another. Simply stated, if a person fails to perform his obligation to respect the right of another, an action may be brought against him or her.

The elements of a “Cause of Action” are:
(1) a right in favor of the plaintiff by whatever means and under whatever law it arises or is created;

(2) an obligation on the part of the named defendant to respect or not to violate such right; and

(3) an act or omission on the part of such defendant which is violative of the right of the plaintiff.

Here is a basic example of a “Cause of Action”.

Juan is a friend of Pedro. One day, Pedro lost all his money due to online gambling. Knowing that Juan, his dearest friend, cannot say no to him, he borrowed 100,000 pesos with a promise to pay after 15 days. When the debt became due and demandable, Juan asked Pedro to pay. However, Pedro refused to do so and even got angry at Juan. Can Juan institute an ordinary civil action against X?

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Yes. Juan may institute an ordinary civil action for a recovery of a sum of money from Pedro. In the given situation, the failure of Pedro to pay his debt to Juan upon the latter’s demand already constitutes a violation of Juan’s right. Therefore, Juan may proceed against Pedro to recover his money.

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Take note, however, that such civil action needs to be referred to prior Barangay Conciliation. Otherwise, the case may be dismissed. Please refer to R.A. 7160 sec. 408.

"It is undisputed that the case was never referred to the Lupong Tagapayapa for conciliation.The petitioners successfully prevented the trial court from exercising jurisdiction over the case by timely invoking the ground in their answer as an affirmative defense. Thus, the complaint is dismissible for failure to comply with the mandatory requirement of barangay conciliation as a condition precedent before filing an action."

Antonio Ngo vs. Visitacion Gabelo, et. al. G.R. No. 207707

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If a party has a “Cause of Action”, he now has a “Right to Action”. If there is a failure of settlement among the parties at the barangay level, a Certificate to File Action may be issued so that the case may now be brought to court.

The plaintiff or complainant proceeds against the defendant upon the filing of the Complaint in court. The court, through its Clerk of Court, shall then issue Summons to the defendant. The defendant shall then file his or her Answer within thirty (30) calendar days. Otherwise, the failure to do so may result to a declaration of the defendant in default.

From here onwards, the parties and their counsels enter the Pre-Trial stage. If there are no more controverted facts or genuine issues to be settled at this stage, either of the parties may move for a Summary Judgment or a Judgment on the Pleadings. If not, then the case shall be submitted for Trial. The court shall then render Judgment upon the merits of the case.

To summarize the process, here is a simple flow chart:
Complaint ➣ Summons ➣ Answer ➣ Pre-Trial ➣Trial ➣ Judgment

Friendly Advice: Always be honest with your lawyer about any material or substantial facts which are relevant to your case as it would help them prepare the necessary pleadings to assure your victory in court

Reminder: This is only a basic and simple case flow chart. It does not contain other stages such as when a party files any motion (motion to declare defendant in default/motion to dismiss/motion for extension to file an answer/etc.) and other post judgment remedies (motion for reconsideration/motion for new trial/appeal)

Thank you for reading!

"Every person must, in the exercise of his rights or in the performance of his duties, act with justice, give everyone his due, and observe honesty and good faith"
Art. 19 of the New Civil Code

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Disclaimer: This is only a simple explanation of the basic case flow of an ordinary civil action based from the lessons which I have learned. I have no experience in litigation, and all of the contents in this post are purely based on what I have read from books and cases. Should you find any flaws in any of my explanations, please do not hesitate to comment down below. I would really appreciate your questions and comments.