##################>###

###################################################################
##############

#
#######################bjbj##################
#########>###########################################################
########################r##############################################"##
#####"#######"###8###Z######
#####"#######S#####)##r###<.##"###^.######/#######/#######/##6
##L8#####:##T#########################################,#########
##^### ##
##########################D<#######################/#######/######D<######D<######
######V#######################/###############/######
######V######V######V######D<##P
###########/###############/####################V###############################
#######################D<####################V######V##.#####H###############
#############################################################################
##H#############\##)####@####################0###S######2##T#####
#####V##################V####################################################
############################################X####################################
#######################################D<######D<######D<###### ######
######################################V######################################D<##
####D<######D<######S#####################################################
#############################################
###############################D<######D<######D<######D<##
####D<######D<##############################################################D<#####
#D<######D<#########

##f###:#####

######
###################################################################################
###################################################################################
###################################################################################
###################################################################################
###################################################################################
##### TOC \t "Rule,1" #FILING FEES # PAGEREF _Toc187638173 \h ##2#JURISDICTION
# PAGEREF _Toc187638174 \h ##3#SMALL CLAIMS
# PAGEREF _Toc187638175 \h
##6#Rule 1 # PAGEREF _Toc187638176 \h ##8#RULE 2 CAUSE OF ACTION # PAGEREF
_Toc187638177 \h ##9#RULE 3 PARTIES TO CIVIL ACTIONS # PAGEREF _Toc187638178 \h
##12#RULE 4 VENUE OF ACTIONS # PAGEREF _Toc187638179 \h ##21#RULE 5 UNIFORM
PROCEDURE IN TRIAL COURTS
# PAGEREF _Toc187638180 \h ##24#RULE 6 KINDS OF
PLEADINGS
# PAGEREF _Toc187638181 \h ##27#RULE 7 PARTS OF A PLEADING # PAGEREF
_Toc187638182 \h ##33#RULE 8 MANNER OF MAKING ALLEGATIONS IN PLEADINGS # PAGEREF
_Toc187638183 \h ##35#RULE 9 EFFECT OF FAILURE TO PLEAD
# PAGEREF
_Toc187638184 \h ##38#RULE 10 AMENDED AND SUPPLEMENTAL PLEADINGS # PAGEREF
_Toc187638185 \h ##41#RULE 11 WHEN TO FILE RESPONSIVE PLEADINGS # PAGEREF
_Toc187638186 \h ##44#RULE 12 BILL OF PARTICULARS
# PAGEREF _Toc187638187 \h
##46#RULE 13 FILING AND SERVICE OF PLEADINGS, JUDGMENTS AND OTHER PAPERS
#
PAGEREF _Toc187638188 \h ##48#RULE 14 SUMMONS # PAGEREF _Toc187638189 \h ##53#
RULE 15 MOTIONS
# PAGEREF _Toc187638190 \h ##60#RULE 16 MOTION TO DISMISS #
PAGEREF _Toc187638191 \h ##62#RULE 17 DISMISSAL OF ACTIONS # PAGEREF
_Toc187638192 \h ##66#RULE 18 PRE-TRIAL # PAGEREF _Toc187638193 \h ##68#RULE 19
INTERVENTION
# PAGEREF _Toc187638194 \h ##71#RULE 20 CALENDAR OF CASES #
PAGEREF _Toc187638195 \h ##72#RULE 21 SUBPOENA # PAGEREF _Toc187638196 \h ##72#
RULE 22 COMPUTATION OF TIME
# PAGEREF _Toc187638197 \h ##74#MODES OF DISCOVERY
# PAGEREF _Toc187638198 \h ##75#RULE 23 DEPOSITIONS PENDING ACTIONS
#
PAGEREF _Toc187638199 \h ##75#RULE 24 DEPOSITIONS BEFORE ACTION OR PENDING APPEAL.
# PAGEREF _Toc187638200 \h ##81#RULE 25 INTERROGATORIES TO PARTIES
#
PAGEREF _Toc187638201 \h ##82#RULE 26 ADMISSION BY ADVERSE PARTY # PAGEREF
_Toc187638202 \h ##83#RULE 27 PRODUCTION OR INSPECTION OF DOCUMENTS OR THINGS
# PAGEREF _Toc187638203 \h ##84#RULE 28 PHYSICAL AND MENTAL EXAMINATION OF
PERSONS
# PAGEREF _Toc187638204 \h ##84#RULE 29 REFUSAL TO COMPLY WITH MODES OF
DISCOVERY
# PAGEREF _Toc187638205 \h ##85#RULE 30 TRIAL # PAGEREF
_Toc187638206 \h ##86#RULE 31 CONSOLIDATION OR SEVERANCE
# PAGEREF
_Toc187638207 \h ##88#RULE 32 TRIAL BY COMMISSIONER # PAGEREF _Toc187638208 \h
##88#RULE 33 DEMURRER TO EVIDENCE # PAGEREF _Toc187638209 \h ##90#RULE 34
JUDGMENT ON THE PLEADINGS
# PAGEREF _Toc187638210 \h ##91#RULE 35 SUMMARY
JUDGMENTS
# PAGEREF _Toc187638211 \h ##91#RULE 36 JUDGMENTS, FINAL ORDERS AND
ENTRY THEREOF
# PAGEREF _Toc187638212 \h ##92#RULE 37 NEW TRIAL OR
RECONSIDERATION
# PAGEREF _Toc187638213 \h ##94#RULE 38 RELIEF FROM JUDGMENTS,
ORDERS, OR OTHER PROCEEDINGS # PAGEREF _Toc187638214 \h ##96#RULE 39 EXECUTION,
SATISFACTION AND EFFECT OF JUDGMENTS
# PAGEREF _Toc187638215 \h ##98#Brief
overview of remedies
# PAGEREF _Toc187638216 \h ##112#APPEALS # PAGEREF
_Toc187638217 \h ##113#RULE 40 APPEAL FROM MUNICIPAL TRIAL COURTS TO THE REGIONAL
TRIAL COURTS
# PAGEREF _Toc187638218 \h ##113#RULE 41 APPEAL FROM THE REGIONAL
TRIAL COURTS
# PAGEREF _Toc187638219 \h ##114#RULE 44 ORDINARY APPEALED CASES
(PROCEDURE IN CA) # PAGEREF _Toc187638220 \h ##118#RULE 42 # PAGEREF
_Toc187638221 \h ##119#PETITION FOR REVIEW FROM THE REGIONAL TRIAL COURTS TO THE
COURT OF APPEALS # PAGEREF _Toc187638222 \h ##119#RULE 43 APPEALS FROM THE COURT
OF TAX APPEALS AND QUASI-JUDICIAL AGENCIES TO THE COURT OF APPEALS
# PAGEREF
_Toc187638223 \h ##121#RULE 45 APPEAL BY CERTIORARI TO THE SUPREME COURT
#
PAGEREF _Toc187638224 \h ##123#PROCEDURE IN THE COURT OF APPEALS # PAGEREF
_Toc187638225 \h ##125#RULE 46 ORIGINAL CASES # PAGEREF _Toc187638226 \h ##125#
RULE 48 PRELIMINARY CONFERENCE IN THE CA # PAGEREF _Toc187638227 \h ##126#RULE 49
ORAL ARGUMENT
# PAGEREF _Toc187638228 \h ##126#RULE 50 DISMISSAL OF APPEAL
# PAGEREF _Toc187638229 \h ##127#RULE 51 JUDGMENT
# PAGEREF
_Toc187638230 \h ##128#RULE 52 MOTION FOR RECONSIDERATION # PAGEREF

_Toc187638231 \h ##129#RULE 53 NEW TRIAL # PAGEREF _Toc187638232 \h ##129#RULE 55

PUBLICATION OF JUDGMENTS AND FINAL RESOLUTION # PAGEREF _Toc187638233 \h ##130#
RULE 47 ANNULMENT OF JUDGMENTS OR FINAL ORDERS AND RESOLUTIONS
# PAGEREF
_Toc187638234 \h ##132##This reviewer is based on Atty. Tranquil Salvadors
lectures, stuff from Atty. Guevarra, Glenn Tuazons brilliant lecture notes, cases,
and Feria-Noches book. (No Riano since I left it in my locker)Good luck!FILING
FEESImportant: Payment of docket fees is not only mandatory, but JURISDICTIONAL.
Know the true nature of the action because it will determine the docket fees. So
take note of the facts of each case.It may seem like a cancellation of deed of
sale, but it can ultimately be one for the recovery of property, making it a real
action. (Ruby Shelter v Formaran III, 2009)For example: if the action is for the
cancellation of a deed of sale and the titles have already been transferred to
another party, thats a real action because the ultimate purpose is the recovery of
real property. (thats what happened in Ruby Shelter)If the titles have not yet
been transferred, it can be considered as a personal action. (Spouses de Leon cited
in Ruby Shelter)Docket fees to be paid:Real action: depends on the FMV stated in
the current tax declaration or current zonal valuation of the BIR (whichever is
higher), or if there is none, the stated value of the property in litigation.#Cases
involving actions incapable of pecuniary estimation: flat rateDocket fees
computation include interests, penalties, surcharges, damages of whatever kind,
attorneys fees, court expenses. (see footnote 1) (Proton v Banque Nationale de
Paris, 2005)So, if the plaintiff fails to pay the docket fees for alleged interest
payments accruing before the complaint is filed, plaintiff can not recover such.
(Proton, wherein a certain period of interest payment was alleged but the
corresponding docket fees pertaining to such was not paid)Important!: Compare with
amount for jurisdictional purposes: only the principal claim is considered.It is
the duty of the parties claiming such damages to specify the amount sought on the
basis of which the court may make a proper determination and for the proper
assessment of the appropriate fees.The damages sought must be placed in the PRAYER
of the complaint. (Philippine First Insurance v Pyramid Logistics, 2008, wherein
Pyramid amended their complaint and still did not put the damages sought in the
prayer. It was a sign of bad faith on their part.)If not, the complaint will be
expunged.If the pleading specifies the claim, but the fees paid are insufficient,
the court may allow a reasonable time for the payment of the prescribed fees, or
the balance thereof.Example: if the party filing the case paid less than the
correct amount for the docket fees because of the wrong assessment of the clerk of
court, the responsibility of making a deficiency assessment lies with the same
clerk. Party cannot be penalized for such, so court will continue to have jd over
the case. But party will still have to pay the fees (Montaner v Sharia District,
2009)This also happened in Bautista v Unangst (2008) which involved the deficient
assessment in the Court of Appeals. SC said that it was not the appellants fault
but he still has to pay the deficient fees within the reglementary period. (since
it was on appeal)Exception: no need to place the amount sought if the damages arise
AFTER the filing of the complaint since you wouldnt know how much that would be
Compulsory counterclaims and cross-claims must now pay docket fees. (see footnote
1)GR: docket fees must be paid when you file the complaint. (clerk will look at
prayer and then determine how much you have to pay.)Exceptions:If the damages arose
AFTER the filing, the additional docket fee will serve as a lien on the judgment
Like interests accruing after the filing of the complaint (Proton v BNP)If the
complaint is amended and new damages are alleged, the additional docket fee will be
allowed to be paid within a reasonable time within the applicable prescriptive
period or reglementary period (Tacay, cited in Philippine First)If the clerk makes
a wrong assessment, the full amount must be paid within the applicable prescriptive
period or reglementary period.Recipients of the service of the National Committee
on Legal Aid and of the Legal Aid offices of the IBP are EXEMPT from payment of
filing, docket fees. (Re: Request for NCLA, 2009)This exemption does NOT apply to
juridical entities, even if these entities are formed for charitable purposes or
make extremely delectable ube jam. (Query of Mr Roger Prioreschi of the Good
Shepherd Foundation, AM 9-6-9-SC)JURISDICTIONDefine jurisdiction:The power of the

court to hear, try, or decide the caseAS CONFERRED by lawCourt knows if it has
jurisdiction based on the allegations of the complaint. (Villacastin v Pelaez,
2008, where the SC said that the allegations of a complaint made out an ejectment
case so the MTC, and not the DARAB, had jd over the case even if the case was over
agri land since it was not an agrarian dispute anyway.) The jurisdiction of a court
may be questioned at any stage of the proceedings. No estoppel. It is the duty of
the court to dismiss an action whenever it appears that the court has no
jurisdiction over the subject matter. (Vargas v Caminas, 2008, where jd was
questioned before trial court decided)EXCEPT: laches (Tijam,
where jd was questioned only after 15 years)For a court to properly exercise jd
over a case, the requirements of law must be complied with.Hence, when a RTC takes
cognizance over an indirect contempt case filed through an unverified motion (and
not through a verified petition with a certificate of non-forum shopping as
required by Rule 71), the RTC has gravely erred.#Can the SC create special courts?
#NO. It can only designate. It cant confer jurisdiction, only law can do that. SC
can only designate which courts will become special courts.IMPORTANT: in
determining jurisdiction, you do NOT include damages, interest, attorneys fees,
etc. Only limit the amount to the demand or the claim.But, of course, if your
action is for damages, then the amount of damages claimed is determinative.The
interest to exclude is the accessory interest. Not the loan interest.Example: The
case is in Pampanga. The promissory note is for P298,000 with interest of 10% per
annum, where do you file the collection suit for this?In the RTC of Pampanga. The
cause of action revolves around the entire promissory note.MTCOriginal and
exclusiveOpposite of RTCEjectment/unlawful detainerRegardless of valueMTC can
determine ownership provisionallyRTCOriginal and ExclusiveAmount incapable of
pecuniary estimationCan NOT be measured in moneyDepends on the nature of the action
Where the basic issue is something other than the right to recover a sum of money,
where the money claim is only incidental or a consequence of the principal relief
sought, the action is incapable of pecuniary estimation. (FEBTC v Shemberg, 2006,
where the SC held that an action to cancel mortgage for want of consideration is
incapable of pecuniary estimation)Examples: rescission, reformation of contract,
specific performanceWhat about expropriation? Always with RTC, whether personal or
real property, regardless of value. Law zeroes in on the exercise of such right.
What about declaratory relief? RTC, except when there is an issue of
constitutionality, SC can take it.What about support? Family courts, regardless of
value.Civil actions involving title to, or possession of, real property, or any
interest therein, where the ASSESSED value of the property involved exceeds
P20,000,00 or exceeds P50,000 if in Metro Manila# EXCEPT actions for forcible entry
and unlawful detainer (original jurisdiction over which is conferred upon the MTC,
MeTC, MTCC)Assessed value is the worth or value of property established by taxing
authorities on the basis of which the tax rate is applied. (vda de Barrera v Heirs
of Legaspi, 2008, which was a accion publiciana case)In all actions in admiralty
and maritime jurisdiction where the demand or claim exceeds P300,000.00 or, in
Metro Manila, exceeds P400,000.00RTC acting in general jurisdiction, no special
maritime courtsIn all matters of probate, both testate and intestate, where the
gross value of the estate exceeds P300,000.00 or, in Metro Manila, exceeds
P400,000.00What if the value of the estate is 100k, the MTC has jurisdiction over
that, right? But will it be subject to summary procedure?No. Of course not. Probate
cases always under ordinary procedure since you have to determine the due execution
of the will.Summary procedure rules explicitly exclude probate proceedings.In all
actions involving the contract of marriage and marital relationsLike support,
annulment, nullityCourts will act as Family courts, special jurisdiction.In all
cases not within the exclusive jurisdiction of any court, tribunal, person or body
exercising jurisdiction of any court, tribunal, person or body exercising judicial
or quasi-judicial functionsSo juvenile, agrarian casesOther cases in which the
demand, exclusive of interest, damages of whatever kind, attorneys fees,
litigation expenses, and costs or the value of the property in controversy exceeds
P300,000, or in Metro Manila, exceeds P400,000Those under the securities regulation
codeCases involving devices or schemes employed by the corporation amounting to

fraudIntra-corporate or partnership relationsControversies in the election or

appointments of directors, trustess, officers, etcSuspension of payments, etc
Original and Concurrent (see SC and CA)AppellateCases decided by the MTC, etcCourt
of AppealsOriginal and ExclusiveAnnul judgments of the RTC based on extrinsic fraud
or lack or jurisdictionConcurrent with the SCPetitions for the issuance of writs of
certiorari, prohibition and mandamus against theNLRC, CSC, RTCConcurrent with the
RTC and SCHabeas corpus, habeas data, writ of amparo, quo warranto, certiorari,
mandamus, prohibition vs lower courtsIn Thornton, 2004, a writ of habeas corpus was
filed with the CA. There was an argument that only the RTC could issue a writ of
habeas corpus. SC said the CA can issue a writ of habeas corpus especially in this
case where the whereabout of the child was unknown so a writ of habeas corpus from
the CA would be more effective than that from the RTC.# (SC and CA writs are
enforceable anywhere, while RTC writs are enforceable only within their territorial
jurisdiction.)When it comes to concurrent jurisdiction, always remember the rule on
hierarchy of courts. If you can file with the RTC first, then go ahead. Once a
court acquires jd, it excludes all other courts.AppellateOver RTC Exercising
original jurisdictionBy ordinary notice of appeal (if question of fact or question
of fact and law) If pure question of law in the RTC, go straight to SC!Over RTC
exercising appellate jurisdiction over the MTC: By petition for review, even if
pure question of lawOver Quasi-judicial agenciesBy petition for review, even if
pure question of lawSupreme CourtOriginal and ExclusivePetitions for the issuance
of writs of certiorari, prohibition and mandamus against the:CA, COMELEC, CoA,
Sandiganbayan, CTADeclaratory relief only when there is a question of
constitutionality Like of treaties, laws, etcConcurrent with the CAPetitions for
the issuance of writs of certiorari, prohibition and mandamus against theNLRC, CSC,
RTCConcurrent with the RTC and CAHabeas corpus, habeas data, writ of amparo, quo
warranto, certiorari, mandamus, prohibition vs lower courtsConcurrent with the RTC
Cases affecting ambassadors, etcConcurrent with the IBPActions against members of
the BarAppellate overRTC exercising original jurisdictionby petition for review on
certiorari (rule 45) on pure questions of lawCASandiganbayan, CTA en banc, CoA,
ComelecSMALL CLAIMS (AM-8-8-7-SC, 2008)Small claims are filed in the MTCSmall
claims cases involve cases with amounts NOT EXCEEDING P100kNo distinction between
cases outside Metro Manila and Metro ManilaWhat should be included in the P100k?The
claim itself, EXCLUSIVE OF INTERESTS and COSTS#What if the claim is for damages
itself?Then its not covered by small claims because these damages have yet to be
ascertained. Damages cases (like from personal injury) are not akin to sum-of-money
cases.Segue: what if the case is for P100k and is outside MM, what do you follow
small claims or summary procedure?Atty Tranquil suggests that it is the option of
the complainant since there is concurrent jd between small claims court and court
of summary procedure.Does it cover quasi-delicts?Yes. It covers cases of
fault/negligence, quasi-contract, contract, and even the civil aspect of criminal
cases.#No need for lawyers nor the filing of a regular complaint. You can just use
the standard form given.#Can you join separate claims?Yes, as long as:Against same
defendantTotal does NOT exceed P100k, exclusive of interests and costs.#Do you have
to pay docket fees?Unfortunately, yes.#If an indigent sues, it will immediately be
referred to the executive judge. (See footnote)Even if indigent, he still has to
pay P1,000 for the summons fee.Can the court dismiss the case outright?Yes!#If
court finds no reason to dismiss outright, it will issue summons and notice of
hearing to the defendant.#Defendant has 10 days to make a verified response. The 10
days can NOT be extended.#If he fails to respond, the court can render judgment
based on the Statement of the Claim. The judgment must be limited to the amount of
the claim, but it can be lowered by the court.#Can the defendant file a
counterclaim?Yes, as long as:Also not exceeding P100k, exclusive of interests and
costsArising out of the same transaction or event that is the subject matter of the
claimDoes not require for adjudication 3rd parties, andNot subject of a pending
action.If not filed as a counterclaim, it is barred.#If it doesnt arise out of the
same transaction or event, a counterclaim can still be filed in the response as
long as docket fees have been paid for it and the claim does not exceed P100k,
exclusive of interests and costs.Can you file Rule 65 Certiorari from an order of

the small claims court?No, its prohibited.#Can a lawyer appear in the hearing?No.
Lawyers are NEVER allowed. (unless they are the ones claiming)#What happens if a
party is absent from the hearing?Plaintiff: dismissal of caseDefendant who appears
shall be allowed to recover from his permissive counterclaimCompare to normal cases
where claim is dismissed (counterclaims, regardless of nature, survive. Not sure if
this was an oversight only, but thats what the codal says)Defendant: as if he
didnt file a responseBoth: dismissal of claim and counterclaim#Are postponements
allowed?Yes,Only ONCE per party, andUpon proof of physical disability to appear in
court.#For judgments and execution, see footnote.#Rule 1Section 1. Title of the
Rules.These Rules shall be known and cited as the Rules of Court.Sec. 2. In what
courts applicable.These Rules shall apply in all the courts, except as otherwise
provided by the Supreme Court.Sec. 3. Cases governed.These
Rules shall govern the procedure to be observed in actions, civil or criminal, and
special proceedings.(a) A civil action is one by which a party sues another for the
enforcement or protection of a right, or the prevention or redress of a wrong.
A civil action may either be ordinary or special. Both are governed by the
rules for ordinary civil actions, subject to the specific rules prescribed for a
special civil action.(b) A criminal action is one by which the State prosecutes a
person for an act or omission punishable by law.(c) A special proceeding is a
remedy by which a party seeks to establish a status, a right, or a particular fact.
What is an action?Formal demand of ones legal rights in a court of justice in the
manner prescribed by the court or by the law. Method of applying legal remedies
according to definite established rules.Kinds of actions:CivilProtection or
enforcement of a right, or prevention or redress of a wrongCan be ordinary or
special (sca)CriminalOnce the information is filed in court, it becomes a criminal
action.Special proceedingApplication or proceeding to establish: the status of a
party, or the right of a party, or a particular fact. Examples are petition for
adoption, petition for hospitalization of an insane person, settlement of estate of
a deceased personSec. 4. In what cases not applicable.These Rules shall not apply
to election cases, land registration, cadastral, naturalization and insolvency
proceedings, and other cases not herein provided for, except by analogy or in a
suppletory character and whenever practicable and convenient.Sec. 5. Commencement
of action.A civil action is commenced by the filing of the original complaint in
court. If an additional defendant is impleaded in a later pleading, the action is
commenced with regard to him on the date of the filing of such later pleading,
irrespective of whether the motion for its admission, if necessary, is denied by
the court.The commencement of an action interrupts the period of prescription as to
all the parties to the action.When does an action commence?Upon filing of the
original complaint in the courtWith respect to an additional defendant, when does
it commence?The present rule provides that it is the date of the filing of the
amended complaint joining the additional defendant which is the date of the
commencement of the action with regard to such additional defendant. You only file
a motion for the admission of such amended complaint when then here has been an
answer served on the plaintiff.In cases where the amended complaint is attached to
the motion for its admission, the date of filing thereof is the date of the
commencement of the action with regard to the additional defendant, irrespective of
the action of the court on the motion.Does the filing alone vest the court with
jurisdiction over the subject matter?No. You have to 1) file and 2) pay the docket
fees.It is important to remember that it is not simply the filing of the complaint
or appropriate initiatory pleading but also the payment of the prescribed docket
fee that vests a trial court with jurisdiction over the subject matter or nature of
the action.Without the payment of the docket fees, no original complaint or
pleading is considered. If the complete amount of the docket fee is not paid, the
prescriptive period continues to run as the complaint is deemed not filed.Sec. 6.
Construction.These Rules shall be liberally construed in order to promote their
objective of securing a just, speedy and inexpensive disposition of every action
and proceeding.RULE 2 CAUSE OF ACTIONSection 1. Ordinary civil actions, basis of.
Every ordinary civil action must be based on a cause of action.Sec. 2. Cause of
action, defined.A cause of action is the act or omission by which a party violates

a right of another.What is a cause of action?It is an act or omission of one party

in violation of the legal right or rights of the other.Its essential elements are:
Legal right of the plaintiffCorrelative obligation of the defendantAct or omission
of the defendant in violation of the plaintiffs said legal right.Example Mario
doesnt pay Luigi as agreed upon in a debt contract.Luigi has the legal right to be
paid and Mario has the obligation to pay, arising from the contract.The non-payment
of debt is the act/omission or the cause of action.When must the cause of action
exist?At the time the complaint is filed.Hence, a complaint whose cause of action
has not yet accrued cannot be cured by an amended or supplemental pleading alleging
the existence or accrual of a cause of action during the pendency of the action.
(Turner v Lorenzo Shipping, 2010, a corp case involving right of appraisal)Even if
there is an existing contract, a tort can still be the cause of action if what
breaks the contract is a tortious act. (Mindanao Terminal v Phoenix, 2009)Sec. 3.
One suit for a single cause of action.A party may not institute more than one suit
for a single cause of action.Sec. 4. Splitting a single cause of action; effect of.
If two or more suits are instituted on the basis of the same cause of action, the
filing of one or a judgment upon the merits in any one is available as a ground for
the dismissal of the others.The purpose of this rule is to prevent repeated
litigation.The rule applies not only to complaints but also to counterclaims and
cross-claims. If two or more complaints are brought for different parts of a single
cause of action, the filing of the first may be pleaded in abatement of the other.
It can be set up either by means of:A motion to dismiss or an affirmative defense
in the answer.What ground? Res judicata or litis pendentia.Splitting a cause of
action is not a ground.Where there is only one delict or wrong, there is only one
cause of action regardless of the number of rights that may have been violated
belonging to one person.Same cause of action but different prayers = splitting.You
cant splitRecovery of property and damagesAnnulment of foreclosure sale and
damages (Chua v MBTC, 2009)Recovery of ownership of and income from same land
Installments due and unpaidNon-payment of debt secured by a mortgage (you cant
split it to payment of debt and foreclosure of mortgage, you have to choose one)
Total breach of entire contractAs a general rule, a contract to do several things
at several times is divisible, and a judgment for a single breach of a continuing
contract is not a bar to a suit for a subsequent breach.But where the contract is
entire, and the breach total, there can be only one action in which plaintiff must
recover all damages.Can you consolidate split causes of action?No. So the two
pending cases cant be consolidated. One (or both) will be dismissed for forum
shopping. (see Rule and cases on consolidation, particularly Megaland v CE)Sec. 5.
Joinder of causes of action.A party may in one pleading assert, in the alternative
or otherwise, as many causes of action as he may have against an opposing party,
subject to the following conditions:(a) The party joining the causes of action
shall comply with the rules on joinder of parties; (b) The joinder shall not
include# #s#p#e#c#i#a#l# #c#i#v#i#l# #a#c#t#i#o#n#s# #o#r# #a#c#t#i#o#n#s#
#g#o#v#e#r#n#e#d# #b#y# #s#p#e#c#i#a#l# #r#u#l#e#s#;# #( #(#c#)# #W#h#e#r#e#
#t#h#e# #c#a#u#s#e#s# #o#f# #a#c#t#i#o#n# #a#r#e# #b#e#t#w#e#e#n# #t#h#e# #s#a#m#e#
#p#a#r#t#i#e#s# #b#u#t# #p#e#r#t#a#i#n# #t#o# #d#i#f#f#e#r#e#n#t# #v#e#n#u#e#s#
#o#r# #j#u#r#i#s#d#i#c#t#i#o#n#s#,# #t#h#e# #j#o#i#n#d#e#r# #m#a#y# #b#e#
#a#l#l#o#w#e#d# #i#n# #t#h#e# #R#e#g#i#o#n#a#l# #T#r#i#a#l# #C#o#u#r#t#
#p#r#o#v#i#d#e#d# #o#n#e# #o#f# #t#h#e# #c#a#u#s#e#s# #o#f# #a#c#t#i#o#n#
#f#a#l#l#s# #w#i#t#h#i#n# #t#h#e# #j#u#r#i#s#d#i#c#t#i#o#n# #o#f# #s#a#i#d#
#c#o#u#r#t# #a#n#d# #t#h#e# #v#e#n#u#e# #l#i#e#s# #t#h#e#r#e#i#n#;# #a#n#d# #(
#(#d#)# #W#h#e#r#e# #t#h#e# #c#l#a#i#m#s# #i#n# #a#l#l# #t#h#e# #c#a#u#s#e#s# #o#f#
#a#c#t#i#o#n# #a#r#e# #p#r#i#n#c#i#p#a#l#l#y# #f#o#r# #r#e#c#o#v#e#r#y# #o#f#
#m#o#n#e#y#,# #t#h#e# #a#g#g#r#e#g#a#t#e# #a#m#o#u#n#t# #c#l#a#i#m#e#d# #s#h#a#l#l#
#b#e# #t#h#e# #t#e#s#t# #o#f# #j#u#r#i#s#d#i#c#t#i#o#n#.##M#a#r#a#m#i#n#g#
#a#n#g#a#l# #s#i Mario versus Luigi (hindi nagbayad ng utang tapos kinain yung
pasta niya na hindi nagpapaalam tapos hinalikan si Princess Daisy tapos sinuntok si
Toad tapos hindi pina-tae si Yoshi, etc)You do this when theres 1 case but several
causes of action.For every breach, there is one cause of action.If there is a claim
of money and there are claims of damages (moral, exemplary) arising from the claim

of money, there is only one cause of action. The claims for damages are mere
incidents of the breach (failure to pay)If there are several promissory notes, but
only one loan, and no payment on all notes, there are several causes of action
(since based on PNs).You can even do a joinder of ALTERNATIVE causes of action.
Example: shipping contract. First cause of action is based on contract. Second
cause of action is based on tort.Can you do alternative causes of action against
multiple/different parties?Yes. Rule 3, Sec 6.#Example: 2 buses collided with Mr.
Xs car. Mr. X can file alternative causes of action against the two buses.What
conditions must be met for a proper joinder of causes of action?The rules on
joinder of parties must be observed, meaning:It arises from the same or series of
transactions, andIt involves a common question of law (Rule 3, Sec 6)IMPORTANT:
This must only be followed if there are multiple defendants.If just between two
parties, no need for this rule.Scenario 1: X versus Y can join as many causes of
action, even if totally UNRELATED.See Mario v Luigi above. Totally unrelated causes
of action.Scenario 2: X versus A, B, C, D (multiple) can only join the causes of
action if it complies
with the rule on joinder, meaning series of actions arising from the same or
series of transactions involving a common question of law)Seen in Pantanco v
Standard, (2005), where the plaintiff and their insurance company sought relief
from the bus company. Court said there was proper joinder of parties (and thus
joinder of causes of action) because there was a single transaction common to all
the accident caused by the bus company.Seen in Perez v Hermano (2005), where
plaintiffs properly joined defendant company and defendant X because said company
allegedly misled plaintiff in signing a mortgage deed in favor of defendant X. Its
an example of a question of law and fact arising from a series of transactions.To
determine identity of cause of action, it must be ascertained whether the same
evidence which is necessary to sustain the second cause of action would have been
sufficient to authorize a recovery in the first. (Pantranco v Standard, this case
is also relevant for jurisdiction, as it focused on totality of claims)Special
civil actions or actions governed by special rules are not covered.You cant join
an ejectment case with money claims because ejectment cases are governed by special
rules on summary procedure.You cant join two special civil actions either.In cases
of different venues or jurisdiction between the SAME parties, the joinder may be
made in the RTC, provided it has jurisdiction over one of the causes of action and
the venue lies therein.If one cause of action falls within the RTC and the other in
the MTC, the action should be filed in the RTC.If the causes of action have
different venues, they may be joined in any of the courts of proper venue. So, a
real action and a personal action may be joined either in the RTC of the place
where the real property is located or where the parties reside. Case 1: Sum of
money 350k, plaintiff resides in Makati, defendant in QCCase 2: Real property worth
80k in Cavite.You can join those two cases in the RTC of Cavite. (for academic
purposes)
But in practice, just severe because other lawyers dont know about
this.Where all the causes of action are for recovery of money, the aggregate amount
claimed shall be the test of jurisdiction. Important: This totality rule will only
apply if ALL cases of action are for recovery of money.Does this mean we cant have
joinder of real action and personal action? No. We can still do it, using Sec 5(c),
but you just dont use the totality rule.The totality of the principal claims for
money determines which court has jurisdiction.But, in cases of joinder of parties,
the first condition should apply.Joinder of causes of action is permissive and not
mandatory. Its up to the litigant if he wants to avail of such. But when he
decides to do a joinder, he must comply with the requirements. (Perez v Hermano,
2005)Sec. 6. Misjoinder of causes of action.Misjoinder of causes of action is not a
ground for dismissal of an action. A misjoined cause of action may, on motion of a
party or on the initiative of the court, be severed and proceeded with separately.
Is misjoinder a ground for dismissal of an action?No. It will not cause the
dismissal of the principal action.It is severed and will proceed separately, after
separate filing.In fact, if neither the court nor the adverse party objects, it
will be adjudicated together with the other causes of action. (Atty Guevarra)
Example a joinder of collection of money and an ejectment case. Di pwede yan,

boy! Pero kung walang nagobject, oh di lusot!RULE 3 PARTIES TO CIVIL ACTIONSSection

1. Who may be parties; plaintiff and defendant.Only natural or juridical persons,
or entities authorized by law may be parties in a civil action. The term
"plaintiff" may refer to the claiming party, the counter-claimant, the crossclaimant, or the third (fourth, etc.) party plaintiff. The term "defendant" may
refer to the original defending party, the defendant in a counterclaim, the crossdefendant, or the third (fourth, etc.) party defendant.Plaintiff=claimant
Defendant=against whom the claim is asserted. Who may be parties to a civil action?
Natural personsJuridical personsDuly incorporated and registered with the SECOn
Foreign CorporationsIsolated transaction: can sue and be suedDoing business and not
licensed here: can NOT sue, but can be suedEXCEPT: if other party is estopped
because he benefitted from dealing with such foreign corporationDoing business and
licensed: can sue and be suedEntities authorized by law (see Rule 3, Sec 15)
Examples:Political partiesLabor unionsArchdioceseEstateRule 3, Sec 15 (as
defendants)What about entities without juridical existence?Can NOT institute under
the name of the non-juridical entity. They have to sue individually. But they can
be parties as defendants, and named as such. (see Rule 3, Section 15)Can estates be
a party? Yes, Rule 3, Section 20.Can executors or administrators be parties? Yes,
Rule 87, Section 1.Can the state be sued?Generally, no. Except when:There is
express consent (theres a law allowing it)There is implied consent, like when:The
state enters into a private contractIt enters into a business operation, unless it
does so only as a necessary incident of its prime governmental functionthe state
sues a private party, unless the suit is entered into only to resist a claim.There
is failure to abide by what the law of contract requires.Sec. 2. Parties in
interest.A real party in interest is the party who stands to be benefited or
injured by the judgment in the suit, or the party entitled to the avails of the
suit. Unless otherwise authorized by law or these Rules, every action must be
prosecuted or defended in the name of the real party in interest.The real party in
interest is one who:Stands to be benefited or injured by the judgment in the suit,
orIs entitled to the avails of the suit.Whats important here is actual interest,
not merely inchoate or expectant interest.Incidental interest also does not count.
Hence, when the managing director of a hotel files a complaint pertaining to a
contract entered into by the corporation, it is the corporation which is the RPI,
not the managing director. Her interest is merely incidental. (Republic v Coalbrine
International, 2010)Law uses party here so it applies to defendants, third partydefendants, etc anyone who is impleaded and who will be benefitted or be injured.
Every action must be prosecuted or defended in the name of the real party in
interest. Hence, when a labor union fails to include the name of the employee that
they represent in the caption of their petition for certiorari, the court rightly
dismissed the petition based on the formal defect. (NLMK-OLALIA-KMU v Keihin, 2010)
When the suit is against a government employee (like the zone administrator of an
economic zone), the nature of the suit is one against the State, and the Republic
is the RPI. (Republic v Coalbrine)When the suit involves private land, the Republic
is no longer a RPI. (Republic v Agunoy, where the state made a mistake giving a
land patent over private land. They tried to get it back)In a derivative suit, the
corporation is the RPI and the suing stockholder is only a nominal party. (Cua v
Tan, 2009 more on this case in class suits v derivate suits)Hence, when two sets
of stockholders file a derivate suits based on the same facts, alleging the same
causes of action, and praying for the same reliefs, its tantamount to allowing the
corporation to file the same suit twice. This results to forum-shopping which is
not allowed. (Cua v Tan)In Cua, the Court noted that the indispensable parties were
not only the Board of Directors, but also the majority stockholders who approved
and ratified the action that was the subject of the controversy. In an action for
inspecting corporate books and records, it is the stockholder demanding for the
inspection that is the RPI. The right to inspect corporate books is personal. (Cua
v Tan)Difference between RPI and legal standing/locus standiiThe concept of RPI
will only apply to private suits.Locus standii usually applies to public suits
filed by a private party.It pertains to government actions wherein a person may
suffer injury.You can base your legal standing as a taxpayer, voter, Congressman,

citizens suit# (for environment cases here, even generations yet unborn can be
parties based on a citizens suit. In fact, plaintiffs dont need any interest in
filing a citizens suit. As long as hes Pinoy, he can file.)Important: what is the
remedy for impleading the wrong party? (For example, Harry sues Ron, claiming that
Ron owns the property, but Ron doesnt own it and doesnt have anything to do with
Harry in the first place)Motion to Dismiss. Ground: Pleading states no cause of
actionThis ground absorbs the situation wherein the party impleaded is not the RPI.
(Atty. Tranquil/Riano)Difference between pleading states no cause of action and
lack of cause of action will be discussed when we get to Motion to DismissWhat
happens when the action has commenced, but the party in interest changes?The
original action continues, and the original plaintiff becomes the representative of
the transferee of the interest. (See Section 19)What happens when the interest has
changed, and then the action commences?The original plaintiff is no longer the
party in interest.Sec. 3. Representatives as parties.Where the action is allowed to
be prosecuted or defended by a representative or someone acting in a fiduciary
capacity, the beneficiary shall be included in the title of the case and shall be
deemed to be the real party in interest. A representative may be a trustee of an
express trust, a guardian, an executor or administrator, or a party authorized by
law or these Rules. An agent acting in his own name and for the benefit
of an undisclosed principal may sue or be sued without joining the principal
except when the contract involves things belonging to the principal.The beneficiary
should be included in the title of the case and shall be deemed to be the real
party in interest.If the beneficiarys name is not included in the title, the
defect can be cured by the simple expedient of requiring the association to
disclose the names of the principals and to amend the title and averments of the
petition accordingly (MIAA v Rivera, 2005, wherein a homeowners association filed
in behalf of the homeowners compare to the later case of Keihin, where the court
averred that it could have dismissed the case because the Union did not disclose
the name of the employee it was helping)A representative may be:A trustee of an
express trust,A guardian,An executor or administrator,A party authorized by law or
these Rules.An agent acting in his own name and for the benefit of an undisclosed
principal may be sued or sue without joining the principalEXCEPT when the contract
involves things belonging to the principal.Sec. 4. Spouses as parties.Husband and
wife shall sue or be sued jointly, except as provided by law.General rule: Husband
and wife shall sue or be sued jointly as both are co-administrators of the
community property.Exceptions:Suit of one against the otherBased on a criminal
act/delictJudicial separation of propertyAbandonmentExclusive property of spouses
Suits involving the practice of ones professionSec. 5. Minor or incompetent
persons.A minor or a person alleged to be incompetent, may sue or be sued, with the
assistance of his father, mother, guardian, or if he has none, a guardian ad litem.
Can a minor or incompetent be a party?Yes, but with the assistance of his father,
mother, guardian, or if he has none, a guardian ad litem.A person need not be
judicially declared to be incompetent. It is enough that he be alleged to be
incompetent. (Kawawa naman. Paano kung hindi talaga bobo?)Sec. 6. Permissive
joinder of parties.All persons in whom or against whom any right to relief in
respect to or arising out of the same transaction or series of transactions is
alleged to exist, whether jointly, severally, or in the alternative, may, except as
otherwise provided in these Rules, join as plaintiffs or be joined as defendants in
one complaint, where any question of law or fact common to all such plaintiffs or
to all such defendants may arise in the action; but the court may make such orders
as may be just to prevent any plaintiff or defendant from being embarrassed or put
to expense in connection with any proceedings in which he may have no interest.What
are the requisites for permissive joinder of parties?Claim arises from same or
series of transactionsCommon questions of law or fact in the actionRead with
joinder of causes of actionIts permissive in the standpoint of the party
initiating the cause of action.ExamplesMario & Luigi versus Bowser & PrincessMario,
Luigi & Princess versus BowserMario versus Luigi, Princess & BowserSec. 7.
Compulsory joinder of indispensable parties.Parties in interest without whom no
final determination can be had of an action shall be joined either as plaintiffs or

defendants.Who is an indispensable party?Parties in interest without whom no final

determination can be had.Without them, there will be no resolution of the case, no
judgment at all. Examples (see Feria book, p. 233)Co-owners in an action for
partion of an undivided interest in land.Vendee in an action for annulment of a
contract of sale.Those with titled claims over the land in a petition for
reconstitution of title.Sec. 8. Necessary party.A necessary party is one who is not
indispensable but who ought to be joined as a party 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.Who is a necessary party?Party in interest is
one who is not indispensable but who ought to be joined if complete relief is to be
accorded as to those already parties, orfor a complete determination or settlement
of the claim subject of the action.Plaintiff may choose to file versus the
necessary party not impleaded, but they ought to be joined to avoid multiple
litigation.Examples (see Feria book, p. 237)Co-owners of a promissory note in an
action for its collectionSolidarily liable, either is indispensable, and the other
is not even necessary because complete relief may be obtained from either.Jointly
liable, either is indispensable, and the other is necessary to accord complete
relief.ProblemAction fro recovery of title and possession. X holds title, Y has
possession. The action is solely for recovery of title. Can you sue X?Yes, hes the
proper party.Can you sue Y for recovery of title without suing X? No, Y mere
possessor. X is holder of title, hes the indispensable one.
Indispensable#Necessary##Without whom no final determination of the case can be
had; inextricably intertwined with the other parties that his legal presence is an
absolute necessity#Interest is distinct and divisible from the interest of the
other parties; will not necessarily be prejudiced by a judgment which does complete
justice to the parties in court##Should be joined under any and all
conditions#Should be joined whenever possible; his presence would merely permit
complete relief between him and those already parties to the action, or simply
avoid multiple litigation##Effect of failure to implead (important!)If necessary
partyGR: failure to implead is non-prejudicialNo waiver of right to implead. There
is no waiver UNLESS there is an order to implead from the court, and you still did
not implead.If indispensable partyThe court should ORDER that the indispensable
party be impleaded. (Domingo case)If despite the order, you still did not comply,
the case will be dismissed. On what ground?Failure to comply with an order of the
court.#If court did not notice the non-joinder (and thus did not order to implead
the indispensable party), and renders a decision what happens?The judgment is null
and void.# The absence of an indispensable party renders all subsequent actions of
the court null and void for want of authority to act, not only as to the absent
parties but even to those present. (NLMK-Olalia v Keihin, 2010)Sec. 9. Non-joinder
of necessary parties to be pleaded.Whenever in any pleading in which a claim is
asserted a necessary party is not joined, the pleader shall set forth his name, if
known, and shall state why he is omitted. Should the court find the reason for the
omission unmeritorious, it may order the inclusion of the omitted necessary party
if jurisdiction over his person may be obtained.
The failure to comply with
the order for his inclusion, without justifiable cause, shall be deemed a waiver of
the claim against such party.
The non-inclusion of a necessary party does not
prevent the court from proceeding in the action, and the judgment rendered therein
shall be without prejudice to the rights of such necessary party.What if a
necessary party is not joined, what happens?The pleader shall set forth his name
and shall state why he is omitted.What if the court finds the reason for his
omission unmeritorious?The may order the inclusion of the omitted necessary party
if jurisdiction over his person may be obtained. When if, after the order, the
pleader fails to explain to the non-joinder or fails to comply, without justifiable
cause, with the order of the court? (Given that jurisdiction over the person may be
obtained)Then it will be deemed a waiver of the claim against such party.What if
the joint obligor cant be impleaded because jurisdiction over the person couldnt
be obtained?The judgment rendered against the impleaded joint obligor will not
prejudice the rights of the joint obligor not impleaded.Sec. 10. Unwilling coplaintiff.If the consent of any party who should be joined as plaintiff can not be

obtained, he may be made a defendant and the reason therefor shall be stated in the
complaint.What if the consent of a party who should be joined as plaintiff can not
be obtained?He may be made a defendant, andThe reason therefore shall be stated in
the complaint.Sec. 11. Misjoinder and non-joinder of parties.Neither misjoinder nor
non-joinder of parties is ground for dismissal of an action. Parties may be dropped
or added by order of the court on motion of any party or on its own initiative at
any stage of the action and on such terms as are just. Any claim against a
misjoined party may be severed and proceeded with separately.Is misjoinder or nonjoinder of parties a ground for dismissal of an action?No.The non-joinder of an
indispensable or a necessary party is not ipso facto a ground for the dismissal.The
court should order the joinder of such party and non-compliance with the said order
would be a ground for the dismissal of the action. (its the non-compliance with
the order, not the misjoinder itself)Remember: The absence of an indispensable
party renders all subsequent actions of the court null and void for want of
authority to act, not only as to the absent parties but even as to those present.
Sec. 12. Class suit.When the subject matter of the controversy is one of common or
general interest to many persons so numerous that it is impracticable to join all
as parties, a number of them which the court finds to be sufficiently numerous and
representative as to fully protect the interests of all concerned may sue or defend
for the benefit of all. Any party in interest shall have the right to intervene to
protect his individual interest.Requisites of a class suitSubject matter is one of
common or general interest to many persons, The interested persons are so numerous
that it is impracticable
to join them all as parties, andThe parties bringing the class suit are
sufficiently numerous or representative of the class and can fully protect the
interests of all concerned (Banda v Ermita, 2010)An action does not become a class
suit merely because it is designated as such in the pleadings. It must depend on
the facts of the case.Common or general interest is essential!For example, there
was a bus accident. Some passengers died, some got injured, some got out scot-free.
Can there be a class suit? No, because the interests and the possible damages that
each victim will want may differ. For there to be a class suit, their interests
must be the same. Remember common or general interest. (Atty. Tranquil)Adequacy of
representation is essential! (MVRS case)In determining the question of fair and
adequate representation of members of a class, determine:Whether the interest of
the named party is coextensive with the interest of the other members of the class
The proportion of those made a party to the total membership of the classAny other
factor bearing on the ability of the named party to speak for the rest of the class
Just because a person represents a number of people doesnt mean its a class suit.
It has to comply with the requisites. Courts exercise caution before allowing a
class suit, which is the exception to the joinder of indispensable parties. Why?
Because if the judgment against the class represented is not favorable, the
represented would certainly claim denial of due process. (MIAA v Rivera)
Differentiate derivative suit from a class suit in the context of corporations
Derivative suits are those instituted by an individual stockholder on behalf of the
corporation in order to protect or vindicate corporate rights. Usually filed when
there is an allegation of mismanagement or wrongful acts committed by the directors
or trustees. The wrong here is done to the corporation itself.Class suits are those
instituted when the wrong is done to a group of, lets say, stockholders. An
example would be a violation of the rights of preferred stockholders. The wrong
here is done to the a certain group or class.Give an example of a class suit that
has prospered.Oposa v Factoran. Practical tip from Atty Guevara: If a judge denies
the class suit, go for a permissive joinder of parties. The thing here is that
those not pleaded will not be affected by the judgment (as compared to having a
class suit where all will get affected)Sec. 13. Alternative defendants.Where the
plaintiff is uncertain against who of several persons he is entitled to relief, he
may join any or all of them as defendants in the alternative, although a right to
relief against one may be inconsistent with a right of relief against the other.If
youre not sure who to go against, what do you do?Join any or all of them as
defendants in the alternative, although a right to relief against one may be

inconsistent with a right of relief against the other.Just be careful, because this
will open yourself up to counter-suits.Sec. 14. Unknown identity or name of
defendant.Whenever the identity or name of a defendant is unknown, he may be sued
as the unknown owner, heir, devisee, or by such other designation as the case may
require; when his identity or true name is discovered, the pleading must be amended
accord.Sec. 15. Entity without juridical personality as defendant.When two or more
persons not organized as an entity with juridical personality enter into a
transaction, they may be sued under the name by which they are generally or
commonly known. In the answer of such defendant, the names and addresses of the
persons composing said entity must all be revealed.These folk can only be sued
under the name which they are generally or commonly known, ie as defendants.Service
of summons may be effected upon all the defendants by serving upon any one of them;
or upon the person in charge of the office or place of business maintained under
such name.They cant sue as an entity, they will have to file as individuals.What
should be contained in their answer?Their answer must reveal the names and
addresses of the persons composing it, so that the judgment rendered against them
shall set out their individual or proper names.Sec. 16. Death of party; duty of
counsel.Whenever a party to a pending action dies, and the claim is not thereby
extinguished, it shall be the duty of his counsel to inform the court within thirty
(30) days after such death of the fact thereof, and to give the name and address of
his legal representative or representatives. Failure of counsel to comply with this
duty shall be a gr#o#u#n#d# #f#o#r# #d#i#s#c#i#p#l#i#n#a#r#y# #a#c#t#i#o#n#.# ##
#T#h#e# #h#e#i#r#s# #o#f# #t#h#e# #d#e#c#e#a#s#e#d# #m#a#y# #b#e#
#a#l#l#o#w#e#d# #t#o# #b#e# #s#u#b#s#t#i#t#u#t#e#d# #f#o#r# #t#h#e#
#d#e#c#e#a#s#e#d#,# #w#i#t#h#o#u#t# #r#e#q#u#i#r#i#n#g# #t#h#e#
#a#p#p#o#i#n#t#m#e#n#t# #o#f# #a#n# #e#x#e#c#u#t#o#r# #o#r#
#a#d#m#i#n#i#s#t#r#a#t#o#r# #a#n#d# #t#h#e# #c#o#u#r#t# #m#a#y# #a#p#p#o#i#n#t# #a#
#g#u#a#r#d#i#a#n# #a#d# #l#i#t#e#m# #f#o#r# #t#h#e# #m#i#n#o#r# #h#e#i#r#s#.# ##
#( T#h#e# #c#o#u#r#t# #s#h#a#l#l# #f#o#r#t#h#w#i#t#h# #o#r#d#e#r# #s#a#i#d#
#l#e#g#a#l# #r#e#p#r#e#s#e#n#t#a#t#i#v#e# #o#r# #r#e#p#r#e#s#e#n#t#a#t#i#v#e#s#
#t#o# #a#p#p#e#a#r# #a#n#d# #b#e# #s#u#b#s#t#i#t#u#t#e#d# #w#i#t#h#i#n# #a#
#p#e#r#i#o#d# #o#f# #t#h#i#r#t#y# #(#3#0#)# #d#a#y#s# #f#r#o#m# #n#o#t#i#c#e#.# #
#( I#f# #n#o# #l#e#g#a#l# #r#e#p#r#e#s#e#n#t#a#t#i#v#e# #i#s# #n#a#m#e#d#
#b#y# #t#h#e# #c#o#u#n#s#e#l# #f#o#r# #t#h#e# #d#e#c#e#a#s#e#d# #p#a#r#t#y#,# #o#r#
#i#f# #t#h#e# #o#n#e# #s#o# #n#a#m#e#d# #s#h#a#l#l# #f#a#i#l# #to appear within the
specified period, the court may order the opposing party, within a specified time,
to procure the appointment of an executor or administrator for the estate of the
deceased and the latter shall immediately appear for and on behalf of the deceased.
The court charges in procuring such appointment, if defrayed by the opposing party,
may be recovered as costs.This provision applies when:Either party dies, andThe
action survives Whats the test to determine whether the action survives or not?If
the wrong complained of affects primarily and principally property or property
rights, the action will survive, the injuries to the person being merely
incidental.Money claimsIf the injury complained of is to the person and the
injuries to the property are incidental, then the action will not survive.Annulment
of marriage, legal separation even if it involves changes in the property
relationsWhat should the lawyer do? (KNOW THIS!)He should, within 30 days after the
death, inform the court thereof. Period: 30 days after FACT of death. Not knowledge
of such.Give the name and address of the legal representative of the deceased.The
court will order: the representative to appear and be substituted within 30 days
from notice.Upon failure to of the legal rep to appear, the court may order the
opposing party, within a given period, to procure the appointment of an executor or
administrator who shall immediately appear for the estate of the deceased.Who
should the substitutes be?Those who are authorized by law, meaningThe legal
heirs, without requiring the appointment of an executor or administratorThe
administratorThe executor, orThe guardian (Sumaljag v Literato, 2008, wherein the
court said the substitution of someone who does not fall into this list is an
invalid substitution)What happens if there is no valid substitution because of
either the fault of the counsel or the failure of the court to order a

substitution?It will not invalidate the proceedings and the judgment rendered
thereon.Mere failure to substitute a deceased party is NOT sufficient ground to
nullify a courts decision. The party alleging nullity must prove that there was an
undeniable violation of due process.Tag line: The rule on substitution of heirs is
not a matter of jurisdiction, but a REQUIREMENT OF DUE PROCESS.Hence, formal
substitution by heirs is not necessary when they themselves voluntarily appear,
participate in the case, and present evidence in the defense of the deceased.
(Napere v Barbarona, 2008)Sec. 17. Death or separation of a party who is a public
officer.
When a public officer is a party in an action in his official capacity
and during its pendency dies, resigns, or otherwise ceases to hold office, the
action may be continued and maintained by or against his successor if, within
thirty (30) days after the successor takes office or such time as may be granted by
the court, it is satisfactorily shown to the court by any party that there is a
substantial need for continuing or maintaining it and that the successor adopts or
continues or threatens to adopt or continue the action of his predecessor. Before a
substitution is made, the party or officer to be affected, unless expressly
assenting thereto, shall be given reasonable notice of the application therefor and
accorded an opportunity to be heard.Requisites:Removal/death of public officer and
appointment of successor within 30 days unless otherwise providedSuccessor adopts,
continues, or threatens to continue the action sued againstThere is substantial
need to continue the actionSubstitution is NOT automatic. The court must:Give
notice to the new public officer, andGive him an opportunity to be heardMere fact
that he is inclined to continue the action of the predecessor is not enoughSec. 18.
Incompetency or incapacity.
If a party becomes incompetent or incapacitated, the
court, upon motion with notice, may allow the action to be continued by or against
the incompetent or incapacitated person assisted by his legal guardian or guardian
ad litem.What do I do if my client becomes incompetent or incapacitated midway?File
a motion with notice asking the court to
continue the case and for the client to be assisted by a legal guardian or
guardian ad litem.Sec. 19. Transfer of interest.In case of any transfer of
interest, the action may be continued by or against the original party, unless the
court upon motion directs the person to whom the interest is transferred to be
substituted in the action or joined with the original party.Example: Mario filed an
action for replevin of his mushroom against Luigi. While the case was pending,
Luigi sold the mushroom to Bowser.What if there was a transfer of interest?The
action may be continued by or against the original party.He will then hold the
fruits of the action as sort of trustee for the use and benefit of his transferee.
In the same manner that the transferee of the original defendant is bound by the
judgment against the latter.Can the court order that Bowser be impleaded?Yes, upon
motion. If the court merely orders him to be impleaded, there is no substitution,
Bowser is just joined.There can only be substitution if the court orders the
substitution, not the mere impleading.Hence, the bottom line is that there must be
a court order, either to implead or to substitute.The transferee pendent elite is a
proper party in the case but not an indispensable party. (Heritage Park v CIAC,
2008)The substitution must be done during the lifetime of the transferor of the
interest and while the manifesting counsel as still the effective and authorized
counsel for the client-transferor. It cant be done if hes dead. (Sumaljag v
Literato, 2008)Sec. 20. Action on contractual money claims.When the action is for
recovery of money arising from contract, express or implied, and the defendant dies
before entry of final judgment in the court in which the action was pending at the
time of such death, it shall not be dismissed but shall instead be allowed to
continue until entry of final judgment. A favorable judgment obtained by the
plaintiff therein shall be enforced in the manner especially provided in these
Rules for prosecuting claims against the estate of a deceased person.Applies only
if:Money claim, andDefendant diesDifferentiate from Section 16 (where either of the
party dies and no need for it to be a money claim, as long as the action survives)
What happens if the defendant dies in a case involving a money claim?No
substitution (law does not mandate any substitution). It just continues. Once a
final judgment is entered against the estate of the deceased, it shall be enforced

as a claim without need of proving the same.If based on a contract, file money
claim in probate court.If based on tort or delict, file against the executor or
administrator. Sec. 21. Indigent party.A party may be authorized to litigate his
action, claim or defense as an indigent if the court, upon an ex parte application
and hearing, is satisfied that the party is one who has no money or property
sufficient and available for fo#o#d#,# #s#h#e#l#t#e#r# #a#n#d# #b#a#s#i#c#
#n#e#c#e#s#s#i#t#i#e#s# #f#o#r# #h#i#m#s#e#l#f# #a#n#d# #h#i#s# #f#a#m#i#l#y#.# ##
#S#u#c#h# #a#u#t#h#o#r#i#t#y# #s#h#a#l#l# #i#n#c#l#u#d#e# #a#n#
#e#x#e#m#p#t#i#o#n# #f#r#o#m# #p#a#y#m#e#n#t# #o#f# #d#o#c#k#e#t# #a#n#d#
#o#t#h#e#r# #l#a#w#f#u#l# #f#e#e#s#,# #a#n#d# #o#f# #t#r#a#n#s#c#r#i#p#t#s# #o#f#
#s#t#e#n#o#g#r#a#p#h#i#c# #n#o#t#e#s# #w#h#i#c#h# #t#h#e# #c#o#u#r#t# #m#a#y#
#o#r#d#e#r# #t#o# #b#e# #f#u#r#n#i#s#h#e#d# #h#i#m#.# #T#h#e# #a#m#o#u#n#t# #o#f#
#t#h#e# #d#o#c#k#e#t# #a#n#d# #o#t#h#e#r# #l#a#w#f#u#l# #f#e#e#s# #w#h#i#c#h#
#t#h#e# #i#n#d#i#g#e#n#t# #w#a#s# #e#x#e#m#p#t#e#d# #f#r#o#m# #p#a#y#i#n#g#
#s#h#a#l#l# #b#e# #a# #l#i#e#n# #o#n# #a#n#y# #j#u#d#g#m#e#n#t# #r#e#n#d#e#r#e#d#
#i#n# #t#h#e# #c#a#s#e# #f#a#v#o#r#a#b#l#e# #t#o# #t#h#e# #i#n#d#i#g#e#n#t#,#
#u#n#l#e#s#s# #t#h#e# #c#o#u#r#t# #o#t#h#e#r#w#i#s#e# #p#r#o#v#i#d#e#s#.# #( #
#A#n#y# #a#d#v#e#r#s#e# #p#a#r#t#y# #m#a#y# #c#o#n#t#e#s#t# #t#h#e#
#g#r#a#n#t# #o#f# #s#u#c#h# #a#u#t#h#o#r#i#t#y# #a#t# any time before judgment is
rendered by the trial court. If the court should determine after hearing that the
party declared as an indigent is in fact a person with sufficient income or
property, the proper docket and other lawful fees shall be assessed and collected
by the clerk of court. If payment is not made within the time fixed by the court,
execution shall issue for the payment thereof, without prejudice to such other
sanctions as the court may impose.Who can be considered an indigent?Algura v LGU of
Naga, 2006, answers this by juxtaposing this section with Rule 141, Section 9. It
gives a two tier test.If the indigent fits within the parameters set out by Rule
141, Section 9, it is MANDATORY upon the court to declare him an indigent.Gross
income + family income does not exceed twice of monthly minimum wage, andOwns real
property whose FMV is less or equal to P300k#If he fails that test, the court is
given the discretion to determine whether he is an indigent or not based on Rule 3,
Section 21. (Indigency Test)Party is one who has:No money or property sufficient
and available forFoodShelterBasic necessities for himself and his family.Benefits
of indigent parties:Stenographic notes: freeFiling fees: no need to pay, but lien
on judgmentWhat if he wasnt an indigent and he claimed he was?The proper docket
and lawful fees shall be assessed and collected by the clerk of court.If payment is
not made within the time fixed by the court, execution shall issue or the payment
thereof, without prejudice to such other sanctions as the court may impose.Sec. 22.
Notice to the Solicitor General.In any action involving the validity of any treaty,
law, ordinance, executive order, presidential decree, rules or regulations, the
court, in its discretion, may require the appearance of the Solicitor General who
may be heard in person or through a representative duly designated by him.RULE 4
VENUE OF ACTIONSIn determining the proper venue for an action, you must consider
two thingsFirst: Is it a real or personal action?Use Section 1 and 2 for that, and
our lesson in determining the real nature of an action.Second: Is it covered by a
special law or by stipulation?Use Section 4 for this.Remember: if venue is
determined by special law or by a particular rule in the ROC, you cant stipulate
on venue. The law takes precedence over the stipulation.Section 1. Venue of real
actions.Actions affecting title to or possession of real property, or interest
therein, shall be commenced and tried in the proper court which has jurisdiction
over the area wherein the real property involved, or a portion thereof, is
situated.
Forcible entry and detainer actions shall be commenced and tried in the
municipal trial court of the municipality or city wherein the real property
involved, or a portion thereof, is situated.What is the venue of real actions?Its
the proper court which has jurisdiction over the area wherein the real property, or
a portion thereof, is situated.Real actionThose affecting title to or possession of
real property, orinterest therein. All else are personal actions.The principal
objective or relief sought is either ownership or possession of real property.
Remember the lessons in docket fees! Look for the true nature of the action!These

includePartition,ExpropriationAction for the annulment or rescission of sale of

land (but if the title has not yet passed to the vendee, it can be considered a
personal action Atty. Tranquil).Venue for ejectment casesThe MTC where the
property or a portion thereof is situated. EX: if theres a stipulationWait! Can
the venue for ejectment cases be stipulated?Yes! The rule governing ejectment cases
(Rule 70, Sec 1) merely states that it should be filed in the MTC, but it doesnt
say which MTC. (Other words, jurisdiction is indicated, but the venue isnt.)#Where
do you file an action for extra-judicial foreclosure?Extrajd foreclosure is NOT a
judicial action and not covered by the RoC. Its covered by Act 2135. It should be
filed where the property is located.But the mere filing and payment of fees (for
multiple properties in various areas) can be paid in one office, as long as it can
be established that it covers all areas. But the actual sale will only be done in
the place where the properties are located.Note: no need for Certificate of NonForum Shopping in a petition to get possession (since its not really a petition
but a motion PTA case)For judicial foreclosureRule 68 does not provide for the
venue of this SCA, but it is filed where the property is located.If the contract of
mortgage covers various properties in different provinces, file in RTC of any of
the provinces covering the property. (Atty Guevara)Sec. 2. Venue of personal
actions.All other actions may be commenced and tried where the plaintiff or any of
the principal plaintiffs resides, or where the defendant or any of the principal
defendants resides, or in the case of a non-resident defendant where he may be
found, at the election of the plaintiff.Whats the venue of personal actions?Either
in the place whereThe plaintiff or any of the principal plaintiff resides, orThe
defendant or any of the principal defendant resides, orIn the case of a nonresident defendant, where he may be foundAt the election of the plaintiffOn the
issue of who the principal plaintiff isIn Marcos-Araneta v CA (2008), Court ruled
that it is the beneficiary of a trust who is the principal plaintiff. The
beneficiary is the RPI, not the trustees who merely represent the beneficiary.
Hence, when the beneficiary lives in Makati, the action must be commenced there,
and not where the trustees reside. Action was a personal one: suit for reconveyance
of stocksThe rule is such to prevent the plaintiff from choosing the residence of a
minor plaintiff or defendant as the venue.What does residence
mean in this rule?Actual residence, where there is personal, actual and physical
habitation. Examples of personal actionsDamagesRecovery of personal property
Cancellation of real estate mortgage (to compel the mortgagee to accept payment of
the mortgage debt)Sec. 3. Venue of actions against non-residents.If any of the
defendants does not reside and is not found in the Philippines, and the action
affects the personal status of the plaintiff, or any property of said defendant
located in the Philippines, the action may be commenced and tried in the court of
the place where the plaintiff resides, or where the property or any portion thereof
is situated or found.What if any of the defendants does not reside and is not found
in the Philippines, whats the venue?If it involves the personal status of the
plaintiff, then in the court of the place where the plaintiff resides.If it
involves the property of the defendant located in the Philippines, where the
property or any portion thereof is situated or found.Jurisdiction is limited to the
res, namely, the personal status of the plaintiff or the property of the defendant
located in the Philippines.The judgment must be confined to the res, and no
personal judgment can be rendered against the defendant, unless he submits to the
jurisdiction of the court.Sec. 4. When Rule not applicable.This Rule shall not
apply: (a) In those cases where a specific rule or law provides otherwise; or (b)
Where the parties have validly agreed in writing before the filing of the action on
the exclusive
venu###############################################################################
###################################################################################
##########################e# #t#h#e#r#e#o#f#.# #( ##E#x#a#m#p#l#e#s# #o#f#
#c#a#s#e#s# #w#h#e#r#e# #a# #s#p#e#c#i#f#i#c# #r#u#l#e# #o#r# #l#a#w#
#p#r#o#v#i#d#e#s# #o#t#h#e#r#w#i#s#e##Q#u#o# #w#a#r#r#a#n#t#o#
#p#r#o#c#e#e#d#i#n#g#s#:# #R#T#C# #o#f# #t#h#e# #r#e#s#i#d#e#n#c#e# #o#f# #t#h#e#
#d#e#f#e#n#d#a#n#t#.##A#c#t#i#o#n# #f#o#r# #n#u#l#l#i#t#y# #o#f#

#m#a#r#r#i#a#g#e#:# #w#h#e#r#e# #p#l#a#i#n#t#i#f#f# #r#e#s#i#d#e#n#t#s#,#

#w#h#e#r#e# #t#h#e# #d#e#f#e#n#d#a#n#t# #r#e#s#i#d#e#s# #o#r# #w#h#e#r#e#
#t#h#e#i#r# #c#o#n#j#u#g#a#l# #home is locatedAdoption: where the prospective
adoptive parents resideProbate: where the deceased last resided at his time of
deathContempt in quasi-judicial agencies: RTC where the contempt was committedWrit
of habeas corpus on custody of minors: GR is RTC where the minor is supposed to be
foundEXCEPT when place is unknown or minor cannot be found, can be filed in the CA
or SCCan venue be stipulated?Yes, but it must not be contrary to public policy. A
written agreement of the parties as to venue before the filing of an action is not
only binding upon the parties but also on the courts.The parties must employ
categorical and suitably limiting language that they wish the venue of the action
be laid only and exclusively at a definite place.In the absence of qualifying or
restrictive words, the stipulation on venue should be deemed as merely an agreement
on an additional forum, not as limiting venue to the specified place. (Lantin v
Lantion, 2006).In Lantin, the action was a real one: nullity of sale and/or
mortgage because the main objective of the case was the reconveyance of the
property soldImportant: where the exclusivity clause does not make it necessarily
all encompassing, such that even those not related to the enforcement of the
contract should be subject to the exclusive venue, the stipulation designating
venues should be strictly confined to the specific undertaking or agreement. (SMC v
Monasterio, 2005)Hence, when the venue was stipulated in a warehousing agreement,
but the cause of action arose from cashiering services which had nothing to do with
the warehousing agreement, the venue stipulation is NOT binding on the cause of
action arising from the cashiering services. (SMC v Monasterio)Compare SMC to PBCOM
v Lim, in that case, there was a venue stipulation in a promissory note. Connected
to the promissory note was a surety agreement which did NOT contain any venue
stipulation. The plaintiff filed an action against the surety in a place NOT
stipulated in the PN. Court held that the venue stipulations in the promissory note
should be read to the surety agreement because the surety agreement was an
accessory contract which couldnt exist without the PN. So, improper venue.
(Bottomline: in SMC, the cases were NOT related. In PBCOM, the cases were
interrelated.)The stipulation said, exclusively in the RTC of Baguio, is that
valid?No. The RTCs jurisdiction is determined by law.To fix it, say exclusively
in the appropriate court in Baguio, waiving for this purpose any other venue
provided by the Rules of Court.But remember: if theres a specific rule or law,
that rule or law will govern over the stipulation.Remedy for not filing in proper
venue:Motion to Dismiss, ground: improper venueA judge can NOT motu propio dismiss
a case based on improper venue. (Because this is waived if not raised in a MTD or
the answer). (Gumabon)Importance of knowing if the action is real or personal
Knowing if the action is real or personal is important because it will have legal
implications on 3 things:JurisdictionIf real, jd based on the assessed value of the
land; if personal (like rescission of a contract), incapable of pecuniary
estimation so RTC.VenueIf real, where property is located. If personal, choice of
plaintiff.Filing feesIf real, docket fees based on FMV (tax declaration or zonal
valuation, whichever is higher) or if none, state value. If personal, based on
claims in prayer.Real/personal actions are not the same with in rem, quasi in rem,
in personam actions.The former determines venue, jurisidiction, and filing fees.The
latter merely determines who will be bound by the judgment (effect of judgment).
RULE 5 UNIFORM PROCEDURE IN TRIAL COURTSSection 1. Uniform procedure.The procedure
in the Municipal Trial Courts shall be the same as in the Regional Trial Courts,
except (a) where a particular provision expressly or impliedly applies only to
either of said courts, or (b) in civil cases governed by the Rule on Summary
Procedure.Sec. 2. Meaning of terms.The term "Municipal Trial Courts" as used in
these Rules shall include Metropolitan Trial Courts, Municipal Trial Courts in
Cities, Municipal Trial Courts, and Municipal Circuit Trial Courts.To be read with
the Rules on Summary ProcedureIn the MTCs, the procedure is the same as in the RTC
except:When by express or implied provision of lawIn civil cases governed by the
Rules on Summary ProcedureCivil cases governed by the Rules on Summary Procedure:
Ejectment cases, regardless of the amount of damages or unpaid rent sought to be

recovered.If attorneys fees are to be awarded, shouldnt be more than P20,000.All

other cases, except probate proceedings, where the total amount of the plaintiffs
claim does NOT exceed P100,000 or P200,000 (in MM), exclusive of interest and
costs.#For criminal cases, see codal.Court will issue an order stating that the
case is governed or not by the rules on summary procedure.#Three steps in summary
procedure:FIRST: Filing of the complaintUpon filing, the court can:Dismiss the case
outrightIssue summons#The responsive pleading here will be an ANSWER within 10 days
(not the usual 15 days).#Cant file a MTD because its a prohibited pleading.
Plaintiff can NOT file a reply either since its a prohibited pleading too.If no
answer, two things can happen:Court can render judgment 1) motu propio or 2) on
motion of the plaintiff.#No motion to declare the defendant in default since its
prohibited too. Ang daming bawal! So what are the allowed pleadings?Complaints
Compulsory counterclaims and cross-claims pleaded in the answer, and the answers
thereto.Remember: all the pleadings must be VERIFIED.#After the filing of the last
pleading, we move on to preliminary conference.SECOND: Preliminary conferenceThis
is NOT pre-trial as in normal cases. Its a preliminary conference. (Remember this
when you have cases on ejectment. See notes on pre-trial since pre-trial rules
supplement preliminary conference rules in summary procedure)Court sets this within
30 days after the last answer is filed.#In the PC, the parties are asked to
compromise, identify issues, etc.If plaintiff is absent in the PC, the case will be
dismissed.If the defendant appears and the plaintiff is absent, the court can rule
on the counterclaim.All cross-claims shall be dismissed.If the sole defendant is
absent, the plaintiff shall be entitled to judgment.Wont apply if there are two or
more defendants who are sued under a common cause of action, and one of them
appears in the PC.So what should you do if either party is absent?Have an
explanation or send a representative.Provision on authorization does not appear in
the Rules of Summary Procedure but in Macasaet v Macasaet, Court held that pretrial rules apply suppletorily to preliminary conference.Take note that if the
court finds sufficient evidence at this point in time, it can already render
judgment based on whats presented in the PC.#If there is no judgment yet in step 1
and 2, we move on to the submission of judicial affidavits and position papers.
THIRD: Submission of judicial affidavits and position papersThere are NO hearings
or trials.Compare to criminal cases where trial is needed, but direct examination
can be waived for judicial affidavits.Affidavits and position papers must be
submitted 10 days from receipt of order of the preliminary conference.#GR: Court
renders judgment 30 days from the filing of the last affidavit or position paper or
the expiration of the period for filing the same. (note: not submission for
resolution but submission of the last affidavit/position paper)EXCEPT: if the
court needs more clarificatory stuff, it will issue an order requiring more
affidavits to be given to the court within 10 days from receipt of order. The court
will then decide 15 days after the receipt of the last clarificatory affidavit.#
Prohibited pleadings#:MTD, exceptLack of JD over subject matterCannot be waived by
the parties or cured by silence, acquieence or even express consent. (Bongato v
Malvar, 2002)Example: prescription, filing for ejectment case beyond the 1-year
periodFailure to refer to lupon# (waivable according to Banares case)Dismissed but
WITHOUT prejudiceReplyBill of particularsMR or MNTPetition for relief from judgment
Motion to declare in defaultAlso prohibited in small claims cases and environment
casesThird party complaintMemorandaDilatory motions for postponementMotions for
cancellation of hearing are not dilatory but be careful since the judge will have
to determine if its dilatory in the first placeMotion for extension of time
Petition for certiorari, mandamus, prohibition against interlocutory orders of the
courtInterventionsDecisions from the MTC can be appealed to the RTC.#On appeal in
the RTC, a MR is no longer a prohibited pleading. The appeal before the RTC is no
longer covered by the Rules on Summary Procedure. (Macandangdang v Gaviola, 2009)
Rules of Court supplement the Rules on Summary Procedure as long as they are not
inconsistent.#Hence, when the MTC dismisses a case because of lack of referral to
the lupon and the aggrieved party fails to appeal within 15 days, it becomes final
and executory and cannot be revived by a mere motion. (Banares, 2000)Preliminary
injunction, being a provisional remedy, should lend itself to the summary nature of

an ejectment case. (Maderada v Mediodea)Judges who fail to follow the Rules on

Summary Procedure will be held administratively liable.RULE 6 KINDS OF PLEADINGS
Section 1. Pleadings defined. Pleadings are the written statements of the
respective claims and defenses of the parties submitted to the court for
appropriate judgment.A pleading is a written statement of the:Respective claims and
defenses of the partiesSubmitted to the court for appropriate judgment.No claim? No
defense? Then not a pleading.WARNING: Sir will ask a lot of questions on Rule 6-8
for midterms so know the codal like the back of your hand.Sec. 2. Pleadings
allowed. The claims of a party are asserted in a complaint, counterclaim, crossclaim, third (fourth, etc.) party complaint, or complaint-inin#t#e#r#v#e#n#t#i#o#n#.# #T#h#e# #d#e#f#e#n#s#e#s# #o#f# #a# #p#a#r#t#y# #a#r#e#
#a#l#l#e#g#e#d# #i#n# #t#h#e# #a#n#s#w#e#r# #t#o# #t#h#e# #p#l#e#a#d#i#n#g#
#a#s#s#e#r#t#i#n#g# #a# #c#l#a#i#m# #a#g#a#i#n#s#t# #h#i#m#.# #( A#n# #a#n#s#w#e#r#
#m#a#y# #b#e# #r#e#s#p#o#n#d#e#d# #t#o# #b#y# #a# #r#e#p#l#y#.###S#e#c#.# #3#.#
#C#o#m#p#l#a#i#n#t#.# ###T#h#e# #c#o#m#p#l#a#i#n#t# #i#s# #t#h#e#
#p#l#e#a#d#i#n#g# #a#l#l#e#g#i#n#g# #t#h#e# #p#l#a#i#n#t#i#f#f#'#s# #c#a#u#s#e#
#o#r# #c#a#u#s#e#s# #o#f# #a#c#t#i#o#n#.# The names and residences of the plaintiff
and defendant must be stated in the complaint.A complaint is a pleading alleging
the plaintiffs cause of action.It should contain the names and residences of the
plaintiff and defendant.What else should it contain?GR: A concise statement of the
ultimate facts constituting the plaintiffs cause of action, not evidentiary facts
or legal conclusions.These are the essential facts constituting the plaintiffs
cause of action.A general allegation of ownership is a sufficient averment of the
ultimate fact.An allegation that defendant promised to pay is an ultimate fact.Not
ultimate facts:Evidentiary or immaterial facts.Legal conclusions.Allegation that a
contract is valid or void (its a legal conclusion)EXCEPT: in actionable documents,
since you have to put the substance of the document or its whole contents (see Rule
8, Sec 7)It should also contain the relief prayed for. It is the relief based on
the facts alleged, and not the relief demanded, which is the taken into
consideration in determining the cause of action.If it depends upon a condition
precedent, he must allege and prove the fulfillment of the condition or the legal
excuse for its non-fulfillment.Can also be alleged:Fraud, mistake, malice, intent,
knowledge, illegalityFor fraud and mistake, aver with particularity.For the rest,
general allegations will suffice.Sec. 4. Answer. An answer is a pleading in which a
defending party sets forth his defenses.An answer is a pleading in which a
defending party sets forth his defenses.When should it be filed?Ordinary service of
summons (Rule 11, Sec 1) #Within 15 days##Extraterritorial service #At least 60
days after notice##Summons by publication#At least 60 days after date of the last
publication##In response to an amended complaint (Rule 11, Sec 3)If amendment a
matter of rightIf amendment not a matter of right#Within 15 daysWithin 10 days from
notice of the order admitting the same##In response to a supplemental complaint
(Rule 11, Sec 7)#Within 10 days from notice of the order admitting the same, unless
a different period is fixed by the court##In response to a counterclaim and crossclaim (Rule 11, Sec 4)#Within 10 days from service##In response to a third-party
complaint (Rule 11, Sec 5)#Within 15 days##Where defendant is a foreign private
juridical entity and service:made on its resident agent designate in accordance
with law for that purposemade on the government official designated by law to
receive the same (Rule 11, Sec 2)#Within 15 daysWithin 30 days after receipt of
summons by such entity##After service of the bill of particulars, or after notice
of denial of ones motion for a bill of particulars (Rule 12, Sec 5)#Within the
period remaining to which he was entitled at the time of filing his motion, which
shall not be less than 5 days in any event##After denial of a motion to dismiss
(Rule 15, Sec 4)#Within the period remaining to which he was entitled at the time
of filing his motion, which shall not be less than 5 days in any event, computed
from his receipt of the notice of denial##Sec. 5. Defenses. Defenses may either be
negative or affirmative. A negative defense is the specific denial of the material
fact or facts alleged in the pleading of the claimant essential to his cause or
causes of action.An affirmative defense is an allegation of a new matter which,
while hypothetically admitting the material allegations in the pleading of the

claimant, would nevertheless prevent or bar recovery by him. The affirmative

defenses include fraud, statute of limitations, release, payment, illegality,
statute of frauds, estoppel, former recovery, discharge in bankruptcy, and any
other matter by way of confession and avoidance.Whats an affirmative defense?Its
an allegation of a new matter which, while hypothetically admitting the material
averments in the pleading of the claimant, would prevent or bar recovery.Examples:
Prescription, release, payment, statute of frauds (grounds for motion to dismiss)If
you hypothetically admit, without raising any defense, then theres no issue. This
will lead to a judgment on the pleadings. (Rule 34 when the answer does not
tender an issue or admits the material allegations)Raise these first in your motion
to dismiss (which you file before your answer), then raise it again in your answer!
How do you plead affirmative defenses?If estoppel, allege the facts constituting
it.If fraud or mistake, aver with particularity.If malice, intent, knowledge or
other condition of the mind of a person, just aver it generally.What is a negative
defense?Its a specific denial of the material fact or facts allege in the pleading
of the claimant essential to his cause/causes of action.A specific denial can be
two things (Rule 8, Sec 10):Specific denial: The defendant specifies each material
allegation of fact (he doesnt admit the truth!) and whenever practicable, sets
forth substance of the matters he relies upon to support his denial, or if he
denies only a part of the averment, he specifies so much of it as is true and
denies the remainder. (Basically, he chooses stuff from the complaint and shoots
them down by denying them) Disavowal of knowledge: The defendant states that he
does not have knowledge or information sufficient to form a belief as to the truth
of a material averment. (He says he doesnt know anything regarding a material
averment)However, if it the averment was in fact within the knowledge of the
defendant and he still disavows knowledge, it is deemed admitted as a mere general
denial.Defenses of lack of knowledge for lack of privity or inability to recall
because it happened a long time ago are insufficient defenses. (Republic v
Sandiganbayan, 2003)What is a negative pregnant?Its a form of negative expression
which carries with it an affirmation or at least an implication of some kind
favorable to the adverse party.It is a denial pregnant with an admission of the
substantial facts alleged in the pleading. Example: allegations were that there
were illegal funds in a Swiss bank account. Answer was that the funds were legally
acquired. Hence, the substantial fact that there were funds in a Swiss bank account
was not specifically denied, and thus admitted.Sec. 6. Counterclaim. A counterclaim
is any claim which a defending party may have against an opposing party.Mario filed
a collection case versus Luigi. Luigi filed a collection case versus Mario,
claiming Mario owed him.A counterclaim is a distinct and independent cause of
action. Upon its filing, the same proceedings are had as in the original complaint.
Period to answer counterclaim: within 10 days from service.Properly interposed, the
defendant becomes
the plaintiff.Sec. 7. Compulsory counterclaim. A compulsory counterclaim is one
which, being cognizable by the regular courts of justice, arises out of or is
connected with the transaction or occurrence constituting the subject matter of the
opposing party's claim and does not require for its adjudication the presence of
third parties of whom the court cannot acquire jurisdiction. Such a counterclaim
must be within the jurisdiction of the court both as to the amount and the nature
thereof, except that in an original action before the Regional Trial Court, the
counterclaim may be considered compulsory regardless of the amount.Requisites for a
compulsory counterclaim:Must arise out of, or be necessarily connected with, the
transaction or occurrence that is the subject matter of the opposing partys or copartys claim;Does not require for its adjudication the presence of 3rd parties of
whom the court cannot acquire jurisdiction; andMust be within the jurisdiction of
the court, and is cognizable by the regular courts of justice.So if the
counterclaim is a labor claim, it cannot be considered compulsory because it is the
NLRC who has jurisdiction, not the regular courts.Test of complusoriness: duplicity
of casesIf you dont file a compulsory counterclaim in your answer, it is deemed
waived and barred forever. (compare to permissive)Requisites for a permissive
counterclaim:Does not arise out of or is not necessarily connected with the

transaction or occurrence that is the subject matter of the opposing partys claim;
Does not require for its adjudication the presence of third parties of whom the
court cannot acquire jurisdiction; andMust be within the jurisdiction of the court,
and is cognizable by the regular courts of justiceNot related at all to the
original claim filed, its permissive as to the party, not to the court.As you can
see, there is NO need for leave of court for a counterclaim. Its up to the party
involved.Important distinction between compulsory and permissive counterclaims:
Compulsory: No need for certificate of non-forum shopping since not an initiatory
pleadingPermissive: Need for certificate of NFSDocket fees are now required for
both compulsory and permissive counterclaims. Remember this! (Korean Tech v Lerma,
2008)Rule on jurisdiction over counterclaims:In the RTC, there is no limit to the
counterclaim.In the MTC, the counterclaim is limited to the jd of the inferior
court.So the balance is lost. So just file separately.Mario filed a collection suit
versus Luigi in the RTC of Manila for P900,000. Luigi made a counterclaim for
P150,000. Which court has a jurisdiction? RTC of Manila. Mario filed a collection
suit versus Luigi in the MTC of Manila for P250,000. Luigi made a counterclaim for
P500,000. What happens?This is not a compulsory counterclaim because the
counterclaim is not in the jurisdiction of the original court (MTC). Nor is it
permissive for the same reason. So Luigi should file it in the RTC as a separate
action.Sec. 8. Cross-claim. A cross-claim is any claim by one party against a coparty arising out of the transaction or occurrence that is the subject matter
either of the original action or of a counterclaim therein. Such cross-claim may
include a claim that the party against whom it is asserted is or may be liable to
the cross-claimant for all or part of a claim asserted in the action against the
cross-claimant.Mario filed a suit versus Bowser and Luigi. Then, Luigi files versus
Bowser.A cross claims is 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.Period to answer cross-claim: 10 daysNo need
for leave of courtSec. 9. Counter-counterclaims and counter-cross-claims. A
counterclaim may be asserted against an original counter-claimant. A cross-claim
may also be filed against an original cross-claimant.Mario filed a collection case
versus Luigi. Luigi filed a collection case versus Mario, claiming Mario owed him.
Then Mario filed another case versus Luigi, not arising from the same transaction.
Atty Guevarra says this applies to permissive counterclaims, because it would be
useless to file a counterclaim against a counterclaim if it were compulsory since
it would still pertain to the same transaction.Sec. 10. Reply. A reply is 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. If a party does not file such reply, all the
new matters alleged in the answer are deemed controverted. If the plaintiff wishes
to interpose any claims arising out of the new matters so alleged, such claims
shall be set forth in an amended or supplemental complaint.You file this after the
answer.A reply is a pleading whose function is to:Deny, orAllege facts in denial or
avoidance of new matters, Which were alleged by way of defense in the answer,And
thereby join or make issue as to such new matters.If there is NO reply, all the new
matters alleged in the answer are deemed controverted.Controverted na pala eh, why
file a reply pa?Because its not good practice.The proper function of a reply is to
allege new matters in avoidance of any affirmative defense.It also further defines
the issues and specifies matter for trial. When should one file a reply?Response to
an answer (Rule 11, Sec 6)#Within 10 days from service##If in response to a
supplemental answer#Within 10 days from notice of order##After service of the bill
of particulars, or after notice of denial of ones motion for a bill of particulars
(Rule 12, Sec 5)#Within the period remaining to which he was entitled at the time
of filing his motion, which shall not be less than 5 days in any event##Sec. 11.
Third, (fourth, etc.) party complaint. A third (fourth, etc.) party complaint is a
claim that a defending party may, with leave of court, file against a person not a
party to the action, called the third (fourth, etc.) party defendant, for
contribution, indemnity, subrogation or any other relief, in respect of his
opponent's claim.Mario files versus Luigi on a promissory note. Luigi, with leave

of court, files against Bowser because Luigi lent half of the amount to Bowser.A
third-party complaint is a claim that a defending party may, with leave of court,
file against a person not a party to the action, for Contribution, indemnity,
subrogation or any other relief, In respect of his opponents claim.If a court has
jurisdiction over the main action, it has jurisdiction over a third-party complaint
which is ancillary thereto.A third-party complaint must yield to the jurisdiction
and venue of the main action.Period to file an answer to a third party compliant:
15 daysIts treated as an entirely new complaint.What is the test to determine
propriety of a third-party complaint?Does it arise out of the same transaction on
which the plaintiffs claim is based, or does the third-partys claim arising out
of another or different contract or transaction, connected with the plaintiffs
claim?GR: No need for leave of court for pleadings (answer, counterclaims, crossclaims, etc).EXCEPT: in third-party complaints. You NEED leave of court.How do you
obtain leave of court?File a motion under Rule 15.What happens if the motion is
denied?Such a claim may still be enforced in a separate action. The action is not
lost.Is summons needed on the third-party defendant?Yes. Of course. In order to
obtain jurisdiction over him/her.Can the original claimant amend his pleading to
join the third party defendant?Yes. He may amend his pleadings to assert against
the third-party defendant any claim which the former might have asserted against
the latter had he been joined originally as a party.The bringing of a third-party
defendant is proper if he would be liable to the plaintiff or the defendant or both
for all or part of the plaintiffs claim against the original defendant, although
the 3rd party defendants liability arises out of another transaction.A third-party
complaint must allege facts which prima facie show that the defendant is entitled
to contribution, subrogation, etc from the third-party defendant.ExampleMario sold
land to Luigi. Bowser sues Luigi to recover said parcel of land, claiming hes the
real owner. Luigi then files a third-party complaint versus Mario to enforce the
warranty against eviction. Bowser may amend his complaint to include Mario and
claim damages for having deprived him of said land.Is the 3rd party defendant bound
by the adjudication of the third-party plaintiffs liability to the original
plaintiff?Yes.What is the effect of the dismissal of the complaint on the thirdparty complaint?If the complaint is dismissed, the third-party complaint will also
necessarily be dismissed. Sec. 12. Bringing new parties. When the presence of
parties other than those to the original action is required for the granting of
complete relief in the determination of a counterclaim or cross-claim, the court
shall order them to be brought in as defendants, if jurisdiction over them can be
obtained.How is this different from a third-party complaint?In a third party
complaint, one of the third-party defendants is not a party to the main action.In
this section, one or more of the defendants in a counterclaim or cross-claim is
already a party to the action. They can be brought as other necessary parties under
this section.Sec. 13. Answer to third (fourth, etc.) party complaint. A third
(fourth, etc.) party defendant may allege in his answer his defenses, counterclaims
or cross-claims, including such defenses that the third (fourth, etc.) party
plaintiff may have against the original plaintiff's claim. In proper
cases, he may also assert a counterclaim against the original plaintiff in respect
of the latter's claim against the third-party plaintiff.RULE 7 PARTS OF A PLEADING
####################################S#e#c#t#i#o#n# #1#.# #C#a#p#t#i#o#n#.# #( #
#T#h#e# #c#a#p#t#i#o#n# #s#e#t#s# #f#o#r#t#h# #t#h#e# #n#a#m#e# #o#f# #t#h#e#
#c#o#u#r#t#,# #t#h#e# #t#i#t#l#e# #o#f# #t#h#e# #a#c#t#i#o#n#,# #a#n#d# #t#h#e#
#d#o#c#k#e#t# #n#u#m#b#e#r# #i#f# #a#s#s#i#g#n#e#d#.# #T#h#e# #t#i#t#l#e# #o#f#
#t#h#e# #a#c#t#i#o#n# #i#n#d#i#c#a#t#e#s# #t#h#e# #n#a#m#e#s# #o#f# #t#h#e#
#p#a#r#t#i#e#s#.# #T#h#e#y# #s#h#a#l#l# #a#l#l# #b#e# #n#a#m#e#d# #i#n# #t#h#e#
#o#r#i#g#i#n#a#l# #c#o#m#p#l#a#i#n#t# #o#r# #p#e#t#i#t#i#o#n#;# #b#u#t# #i#n#
#s#u#b#s#e#q#u#e#n#t# #p#l#e#a#d#i#n#g#s#,# #i#t# #s#h#a#l#l# #b#e#
#s#u#f#f#i#c#i#e#n#t# #i#f# #t#h#e# #n#a#m#e# #o#f# #t#h#e# #f#i#r#s#t# #p#a#r#t#y#
#o#n# #e#a#c#h# #s#i#d#e# #b#e# #s#t#a#t#e#d# #w#i#t#h# #a#n#
#a#p#p#r#o#p#r#i#a#t#e# #i#n#d#i#c#a#t#i#o#n# #w#h#e#n# #t#h#e#r#e# #a#r#e#
#o#t#h#e#r# #p#a#r#t#i#e#s#.# #( T#h#e#i#r# #r#e#s#p#e#c#t#i#v#e#
#p#a#r#t#i#c#i#p#a#t#i#o#n# #i#n# #t#h#e# #c#a#s#e# #s#h#a#l#l# #b#e#

#i#n#d#i#c#a#t#e#d#.###S#e#c#.# #2#.# #T#h#e# #b#o#d#y#.# ###T#h#e# #b#o#d#y# of

the pleading sets forth its designation, the allegations of the party's claims or
defenses, the relief prayed for, and the date of the pleading. (a) Paragraphs. The allegations in the body of a pleading shall be divided into paragraphs so
numbered as to be readily identified, each of which shall contain a statement of a
single set of circumstances so far as that can be done with convenience. A
paragraph may be referred to by its number in all succeeding
p##############################################l#e#a#d#i#n#g#s#.# #( #(#b#)#
#H#e#a#d#i#n#g#s#.# #-# #W#h#e#n# #t#w#o# #o#r# #m#o#r#e# #c#a#u#s#e#s# #o#f#
#a#c#t#i#o#n# #a#r#e# #j#o#i#n#e#d#,# #t#h#e# #s#t#a#t#e#m#e#n#t# #o#f# #t#h#e#
#f#i#r#s#t# #s#h#a#l#l# #b#e# #p#r#e#f#a#c#e#d# #b#y# #t#h#e# #w#o#r#d#s#
#"#f#i#r#s#t# #c#a#u#s#e# #o#f# #a#c#t#i#o#n#,#"# #o#f# #t#h#e# #s#e#c#o#n#d# #b#y#
#"#s#e#c#o#n#d# #c#a#u#s#e# #o#f# #a#c#t#i#o#n#,#"# #a#n#d# #s#o# #o#n# #f#o#r#
#t#h#e# #o#t#h#e#r#s#.# #( W#h#e#n# #o#n#e# #o#r# #m#o#r#e# #p#a#r#a#g#r#a#p#h#s#
#i#n the answer are addressed to one of several causes of action in the complaint,
they shall be prefaced by the words "answer to the first cause of action" or
"answer to the second cause of action" and so on; and when one or more paragraphs
of the answer
are################################################################################
###################################################################################
###################################################################################
########## #a#d#d#r#e#s#s#e#d# #t#o# #s#e#v#e#r#a#l# #c#a#u#s#e#s# #o#f#
#a#c#t#i#o#n#,# #t#h#e#y# #s#h#a#l#l# #b#e# #p#r#e#f#a#c#e#d# #b#y# #w#o#r#d#s#
#t#o# #t#h#a#t# #e#f#f#e#c#t#.# #( #(#c#)# #R#e#l#i#e#f#.# #-# #T#h#e#
#p#l#e#a#d#i#n#g# #s#h#a#l#l# #s#p#e#c#i#f#y# #t#h#e# #r#e#l#i#e#f# #s#o#u#g#h#t#,#
#b#u#t# #i#t# #m#a#y# #a#d#d# #a# #g#e#n#e#r#a#l# #p#r#a#y#e#r# #f#o#r# #s#u#c#h#
#f#u#r#t#h#e#r# #o#r# #o#t#h#e#r# #r#e#l#i#e#f# #a#s# #m#a#y# #b#e# #d#e#e#m#e#d#
#j#u#s#t# #o#r# #e#q#u#i#t#a#b#l#e#.# #( #(#d#)# Date. - Every pleading shall be
dated.Sec. 3. Signature and address. Every pleading must be signed by the party or
counsel representing him, stating in either case his address which should not be a
post office box. The signature of counsel constitutes a certificate by him that he
has read the pleading; that to the best of his knowledge, information, and belief
there is good ground to support it; and that it is not interposed for delay.
###################################################################( A#n#
#u#n#s#i#g#n#e#d# #p#l#e#a#d#i#n#g# #p#r#o#d#u#c#e#s# #n#o# #l#e#g#a#l#
#e#f#f#e#c#t#.# #H#o#w#e#v#e#r#,# #t#h#e# #c#o#u#r#t# #m#a#y#,# #i#n# #i#t#s#
#d#i#s#c#r#e#t#i#o#n#,# #a#l#l#o#w# #s#u#c#h# #d#e#f#i#c#i#e#n#c#y# #t#o# #b#e#
#r#e#m#e#d#i#e#d# #i#f# #i#t# #s#h#a#l#l# #a#p#p#e#a#r# #t#h#a#t# #t#h#e# #s#a#m#e#
#w#a#s# #d#u#e# #t#o# #m#e#r#e# #i#n#a#d#v#e#r#t#e#n#c#e# #a#n#d# #n#o#t#
#i#n#t#e#n#d#e#d# #f#o#r# #d#e#l#a#y#.# #C#o#u#n#s#e#l# #w#h#o#
#d#e#l#i#b#e#r#a#t#e#l#y# #f#i#l#e#s# #a#n# #u#n#s#i#gned pleading, or signs a
pleading in violation of this Rule, or alleges scandalous or indecent matter
therein, or fails to promptly report to the court a change of his address, shall be
subject to appropriate disciplinary action.Every pleading must be signed by the
party or counsel representing him, otherwise the pleading produces no legal effect.
(Jocson v CA, 2009 wherein the counsel of Plaintiff A signed for Plaintiff B and
the court said this can not be done, without proof that counsel represented
Plaintiff B as well)No signature: no legal effectCan be cured if due to mere
inadvertence or not intended for delaySignature of counsel certifies that:He read
the pleading,There is good ground to support it, andNot interposed for delayCounsel
must also inform the court of his change of address.Sec. 4. Verification. Except
when otherwise specifically required by law or rule, pleadings need not be under
oath, verified or accompanied by affidavit. A pleading is verified by an affidavit
that the affiant# #h#a#s# #r#e#a#d# #t#h#e# #p#l#e#a#d#i#n#g# #a#n#d# #t#h#a#t#
#t#h#e# #a#l#l#e#g#a#t#i#o#n#s# #t#h#e#r#e#i#n# #a#r#e# #t#r#u#e# #a#n#d#
#c#o#r#r#e#c#t# #o#f# #h#i#s# #p#e#r#s#o#n#a#l# #k#n#o#w#l#e#d#g#e# #o#r#
#b#a#s#e#d# #o#n# #a#u#t#h#e#n#t#i#c# #r#e#c#o#r#d#s#.# #( #A# #p#l#e#a#d#i#n#g#
#r#e#q#u#i#r#e#d# #t#o# #b#e# #v#e#r#i#f#i#e#d# #w#h#i#c#h# #c#o#n#t#a#i#n#s# #a#
#v#e#r#i#f#i#c#a#t#i#o#n# #b#a#s#e#d# #o#n# #"#i#n#f#o#r#m#a#t#i#o#n# #a#n#d#

#b#e#l#i#e#f#,#"# #o#r# #u#p#o#n# #"#k#n#o#w#l#e#d#g#e#,# information and belief,"

or lacks a proper verification, shall be treated as an unsigned pleading.GR:
Pleadings need not be verified, under oath, or accompanied by an affidavit.EXCEPT:
if specifically required by law or rule.A verification states that the affiant has
read the pleading and the allegations therein are true.It must be under oath.It is
the PARTY who signs the verification, not the lawyer. Although the lawyer can sign
it under compelling reasons. A minor can sign, but he must be assisted.Verification
is only a formal requirement.It is not jurisdictional. Failure to attach is not
fatal.But in the SC and CA, they dismiss without prejudice it for failure to comply
with procedural requirements.GR: For cases involving multiple parties, ALL of them
must sign the verification. (applies also to CNFS)EXCEPT: when they have a common
interest among them. In this case, a signature of one will suffice. (No need for
authority from others either)Examples of common interests:Heirs, with regard to
property allegedly bequeathed to them (Iglesia v Ponferrada, 2006, where only one
heir signed the verification and it was allowed by the court)Spouses and family
members, involving the family homeMembers of a co-ownership, involving the property
of the coownershipArising from the same transaction (Juaban v Espina wherein Sec.
5. Certification against forum shopping. The plaintiff or principal party shall
certify under oath in the complaint or other initiatory pleading asserting a claim
for relief, or in a sworn certification annexed thereto and simultaneously filed
therewith: (a) that he has not theretofore commenced any action or filed any claim
involving the same issues in any court, tribunal or quasi-judicial agency and, to
the best of his knowledge, no such other action or claim is pending therein; (b) if
there is such other pending action or claim, a complete statement of the present
status thereof; and (c) if he should thereafter learn that the same or similar
action or claim has been filed or is pending, he shall report that fact within five
(5) days therefrom to the court wherein his aforesaid complaint or initiatory
pleading has been filed.
Failure to comply with the foregoing requirements
shall not be curable by mere amendment of the complaint or other initiatory
pleading but shall be cause for the dismissal of the case without prejudice, unless
otherwise provided, upon motion and after hearing. The submission of a false
certification or non-compliance with any of the undertakings therein shall
constitute indirect contempt of court, without prejudice to the corresponding
administrative and criminal actions. If the acts of the party or his counsel
clearly constitute willful and deliberate forum shopping, the same shall be ground
for summary dismissal with prejudice and shall constitute direct contempt, as well
as a cause for administrative sanctions.What is forum-shopping?The filing of
multiple suits in different courts, either simultaneously or successively,
Involving the same parties,To ask the courts to: rule on the same or related
causes, and/orgrant the same or substantially same reliefs.Test: Is there identity
of:Parties,Rights or causes of action, andReliefs sought?Who must sign it?The party
himself, not the counsel.What if multiple parties, do they all have to sign?GR:
Like in verification, yes, they all have to sign.EXCEPT: when they all share a
common interest and invoke a common cause of action or defense, the signature of
only one of them will substantially comply with the rules (Juaban v Espina, 2008)
Only individuals vested with authority by a valid board resolution may sign the
CNFS on behalf of a corporation. Failure to provide a CNFS or to accompany with
proof of the signatorys authority are sufficient grounds to dismiss the petition.
(Republic v Coalbrine, 2010)When is it needed?In every initiatory pleading.Hence,
it is NOT needed in a motion (even if its erroneously labeled as a petition.)
(PTA v Metrobank, 2010, wherein Metrobank
filed for a petition for the issuance of a writ of possession following a
foreclosure sale. Court said that its really a motion and no CNFS was needed.)
Contents:Certify, UNDER OATH, that he has not filed a similar complaint involving
the same issues in another court, tribunal, quasi-judicial agency,If there is any
other pending claim, he must provide the statusIf he learns about similar action,
he must report such fact within 5 days to the courtAbsence of CNFS: case will be
dismissed WITHOUT prejudiceThe defect cannot be cured by an amendment, just re-file
that biatch!Effect of non-compliance (Meaning, you filed a CNFS but you did not

respect your commitment under such ie, its false)Indirect contempt (failure to
comply with order or process of court)Administrative and criminal cases (since you
lied under oath)Dismissal of the caseEffect of willful and deliberate forum
shopping (Meaning its not only false but you also deliberately disregarded it):
Dismissal with prejudiceDirect contemptIf there are two pending cases, what case
will be dismissed?GR: the later case.EXCEPT: the first case may be the one
dismissed if the later action is the more appropriate vehicle for the ventilation
of the issues between the parties. (UCPB v Beluso, 2007)RULE 8 MANNER OF MAKING
ALLEGATIONS IN PLEADINGS
###################################################################################
###################################################################################
##################################################################S#e#c#t#i#o#n#
#1#.# #I#n# #g#e#n#e#r#a#l#.# #( ##E#v#e#r#y# #p#l#e#a#d#i#n#g# #s#h#a#l#l#
#c#o#n#t#a#i#n# #i#n# #a# #m#e#t#h#o#d#i#c#a#l# #a#n#d# #l#o#g#i#c#a#l# #f#o#r#m#,#
#a# #p#l#a#i#n#,# #c#o#n#c#i#s#e# #a#n#d# #d#i#r#e#c#t# #s#t#a#t#e#m#e#n#t# #o#f#
#t#h#e# #u#l#t#i#m#a#t#e# #f#a#c#t#s# #o#n# #w#h#i#c#h# #t#h#e# #p#a#r#t#y#
#p#l#e#a#d#i#n#g# #r#e#l#i#e#s# #f#o#r# #h#i#s# #c#l#a#i#m# #o#r# #d#e#f#e#n#s#e#,#
#a#s# #t#h#e# #c#a#s#e# #m#a#y# #b#e#,# #o#m#i#t#t#i#n#g# #t#h#e#
#s#t#a#t#e#m#e#n#t# #o#f# #mere evidentiary facts.
If a defense relied on is
based on law, the pertinent provisions thereof and their applicability to him shall
be clearly and concisely stated.What should it contain?The ultimate facts, not
evidentiary facts.Unlike a complaint which only alleges facts, an answer may cite
legal provisions relied upon for defense (like statute of limitations)Sec. 2.
Alternative causes of action or defenses. A party may set forth two or more
statements of a claim or defense alternatively or hypothetically, either in one
cause of action or defense or in separate causes of action or defenses. When two or
more statements are made in the alternative and one of them if made independently
would be sufficient, the pleading is not made insufficient by the insufficiency of
one or more of the alternative statements.Can a single cause of action entitle a
party to two alternative reliefs?Yes. Take breach of contract as an example. Breach
is the cause of action, while reliefs are either specific performance or
rescission.Alternative statements may be made either in one cause of action or
defense or in separate causes of action or defenses.Can the plaintiff make
alternative allegations?Yes. There are cases where facts, essential to the
plaintiffs cause of action, are within the knowledge of the defendant, but of
which the plaintiff is so imperfectly informed that he canot state with certainty,
even on information or belief.The proper procedure is for him to state the facts
within his knowledge with certainty, but to plead in the alternative the doubtful
facts which are wholly within the defendants knowledge, and call upon the
defendant to make the full disclosure of the facts.Can the defendant plead as many
defenses as he wants?Yes. He has the right to set up negative defense in one cause
of action and affirmative defense in another in the same action. The affirmative
matter in a separate defense does not operate as a withdrawal of a defense in
another portion of his answer.Those different defenses may be inconsistent with
each other, but it is sufficient that each is consistent with itself. Sec. 3.
Conditions precedent. In any pleading a general averment of the performance or
occurrence of all conditions precedent shall be sufficient.Barangay conciliation
process, etc. These must be averred. If not, it may be dismissed on the ground of
failure to comply with a condition precedent.Sec. 4. Capacity. Facts showing the
capacity of a party to sue or be sued or the authority of a party to sue or be sued
in a representative capacity or the legal existence of an organized association of
persons that is made a party, must be averred. A party desiring to raise an issue
as to the legal existence of any party or the capacity of any party to sue or be
sued in a representative capacity, shall do so by specific denial, which shall
include such supporting particulars as are peculiarly within the pleader's
knowledge.With respect to capacity, the facts concerning the following must be
averred:The capacity of a person to sue or be suedThe authority of a party to sue
or be sued in a representative capacityLegal existence of an organized association
of the persons that is made a partyIf a party wishes to raise an issue as to the

legal existence of any party, etc, what should he do?He should do so by a specific
denial, which should include such supporting particulars as are peculiarly within
the pleaders knowledge.If the defendant wishes to raise an issue as to the
plaintiffs legal capacity to sue, he may file a motion to dismiss on that ground,
or set it up as an affirmative defense in the answer.If the defendant wishes to
raise an issue as to his legal capacity to be sued, he may question the
jurisdiction of the court over his person.In either case, the defendant may deny
the allegation of capacity.Sec. 5. Fraud, mistake, condition of the mind. In all
averments of fraud or mistake, the circumstances constituting fraud or mistake must
be stated with particularity. Malice, intent, knowledge or other condition of the
mind of a person may be averred generally.If fraud or mistake, the circumstances
constituting it must be stated with particularity.If malice, intent, knowledge or
other condition of the mind of a person, just aver it generally.Sec. 6. Judgment.
In pleading a judgment or decision of a domestic or foreign court, judicial or
quasi-judicial tribunal, or of a board or officer, it is sufficient to aver the
judgment or decision without setting forth matter showing jurisdiction to render
it.Sec. 7. Action or defense based on document. Whenever an action or defense is
based upon a written instrument or document, the substance of such instrument or
document shall be set forth in the pleading, and the original or a copy thereof
shall be attached to the pleading as an exhibit, which shall be deemed to be a part
of the pleading, or said copy may with like effect be set forth in the pleading.How
do you plead an action or defense based on a document?Set forth the substance of
the instrument/document in the pleading and attach or append the document, or
Reproduce the contents of the document in the pleading en totoSec. 8. How to
contest such documents. When an action or defense is founded upon a written
instrument, copied in or attached to the corresponding pleading as provided in the
preceding section, the genuineness and due execution of the instrument shall be
deemed admitted unless the adverse party, under oath, specifically denies them, and
sets forth what he claims to be the facts; but the requirement of an oath does not
apply when the adverse party does not appear to be a party to the instrument or
when compliance with an order for an inspection of the original instrument is
refused.What does genuineness and due execution mean?Genuineness means nothing
more than the instrument is not spurious, counterfeit or of different import on its
face from the one executedDue execution means that it was done with authorityHow
does one contest it?By specifically denying them under oath, and setting forth what
he claims to be the factsAn oath is not required when:Adverse party does not appear
to be party to the instrument, orWhen compliance with an order for an inspection of
the original instrument is refused.It must be specifically denied. Hence, when the
defendant merely states that the signature seems to be his. This is an admission
of the documents genuiness and due execution. (Permanent Savings v Velarde, 2004)
What are deemed admitted if there is no denial under oath?Admission ONLY to the
documents genuineness and due executionBasically, if you dont deny under oath,
you are waiving the authentication process under Rule 132, Sec 19-33.No need for
proof of execution and authenticity with respect to the documents.One who does not
deny under oath, admits:That he voluntarily signed the document or it was signed by
another for him and with his authority;That at the time it was signed, it was in
words and figures exactly as set out in the pleading of the party relying upon it;
That the document was delivered;That any formalities required by law, such as a
seal, an acknowledgment or revenue stamp, which it lackts, are waived by him
(Filipinas Textile Mills v CA)What are not deemed admitted?The true nature or true
intention is not admittedThats payment, want or illegality of consideration,
fraud, mistake, compromise, etcFor example, in fraudulent misrepresentation, you
admit that your signature is genuine but not you can contest WHY you signed the
document.Sec. 9. Official document or act. In pleading an official document or
official act, it is sufficient to aver that the document was issued or the act done
in compliance with law.Sec.
10. Specific denial. A defendant must specify each material allegation of fact
the truth of which he does not admit and, whenever practicable, shall set forth the
substance of the matters upon which he relies to support his denial. Where a

defendant desires to deny only a part of an averment, he shall specify so much of

it as is true and material and shall deny only the remainder. Where a defendant is
without knowledge or information sufficient to form a belief as to the truth of a
material averment made in the complaint, he shall so state, and this shall have the
effect of a denial.Sec. 11. Allegations not specifically denied deemed admitted.
Material averment in the complaint, other than those as to the amount of
unliquidated damages, shall be deemed admitted when not specifically denied.
Allegations of usury in a complaint to recover usurious interest are deemed
admitted if not denied under oath.What is the effect of a general denial?Material
averments in the complaint shall be deemed admitted when not specifically denied.
EXCEPT:those as to the amount of unliquidated damages (if liquidated, they are
deemed admitted), andimmaterial averments (allegations by way of anticipation of
defense or conclusions of law)Sec. 12. Striking out of pleading or matter contained
therein. Upon motion made by a party before responding to a pleading or, if no
responsive pleading is permitted by these Rules, upon motion made by a party within
twenty (20) days after the service of the pleading upon him, or upon the court's
own initiative at any time, the court may order any pleading to be stricken out or
that any sham or false, redundant, immaterial, impertinent, or scandalous matter be
stricken out therefrom.RULE 9 EFFECT OF FAILURE TO PLEADSection 1. Defenses and
objections not pleaded.
################################################################################(
##D#e#f#e#n#s#e#s# #a#n#d# #o#b#j#e#c#t#i#o#n#s# #n#o#t# #p#l#e#a#d#e#d#
#e#i#t#h#e#r# #i#n# #a# #m#o#t#i#o#n# #t#o# #d#i#s#m#i#s#s# #o#r# #i#n# #t#h#e#
#a#n#s#w#e#r# #a#r#e# #d#e#e#m#e#d# #w#a#i#v#e#d#.# #H#o#w#e#v#e#r#,# #w#h#e#n#
#i#t# #a#p#p#e#a#r#s# #f#r#o#m# #t#h#e# #p#l#e#a#d#i#n#g#s# #o#r# #t#h#e#
#e#v#i#d#e#n#c#e# #o#n# #r#e#c#o#r#d# #t#h#a#t# #t#h#e# #c#o#u#r#t# #h#a#s# #n#o#
#j#u#r#i#s#d#i#c#t#i#o#n# #o#v#e#r# #t#h#e# #s#u#b#j#e#c#t# #m#a#t#t#e#r#,#
#t#h#a#t# #t#h#e#r#e# #i#s# #a#n#o#t#h#e#r# action pending between the same parties
for the same cause, or that the action is barred by a prior judgment or by statute
of limitations, the court shall dismiss the claim.GR: Defenses and objections not
raised in a motion to dismiss or in the answer are deemed waived.EXCEPT: Lack of
jurisdiction over the subject matterLitis PendentiaRes judicataStatute of
limitations/PrescriptionLack or absence of cause of action (jurisprudence)If these
grounds appear from the pleadings or the evidence of record, the court shall
dismiss the claim.The waivable grounds should be raised in the first motion to
dismiss (if ever subsequent ones are filed as supplement), and not in supplemental
motions to dismiss. If they are raised only in a supplemental motion to dismiss, it
is deemed waived. (Anunciacion v Bocanegra, 2009, wherein lack of jd over the
person was raised only in a supplemental motion to dismiss. Court held that the
defense was waived)Give an example where the grounds must be raised in an answer
and not in a MTD: for cases under Rules on Summary Procedure where MTD is a
prohibited pleading.Is the waiver irrevocable? (Feria)No. You can obtain relief
from the consequences of such waiver by an amendment of the answer with leave of
court.Give a case wherein no jd over a person was raised only on certiorari, and
was still allowed.Spouses Mason v Columbus Bus, because there was no waiver (since
the clients didnt know of the case) and there was no valid service of summons.
(Atty. Tranquil handled this case. Its an exceptional case because of the facts.)
Sec. 2. Compulsory counterclaim, or cross-claim, not set up barred. A compulsory
counterclaim, or a cross-claim, not set up shall be barred.A compulsory
counterclaim, or a cross-claim, not set up in the answer shall be barred forever.
What should you do if you still want to set up a compulsory counterclaim after
failing to implead it? (Feria)A compulsory counterclaim or a cross-claim may still
be set up via the following:an amended answer, provided that the counterclaim or
cross-claim already existed at the time the original answer was filed, but due to
oversight, inadvertence or excusable neglect, it was not set up.A supplemental
answer, if the counterclaim or cross-claim matures or is acquired after the
original answer is filed.In both cases, they must be filed with leave of court
before judgment. Can a compulsory counterclaim cure jurisdictional defects in the
complaint? (Feria)Yes. Although the original claim involves less than the

jurisdictional amount, jurisdiction can be sustained if the compulsory

counterclaim, based upon the damages allegedly suffered by the defendant in
consequence of the filing of the complaint, falls within the jurisdictional amount.
Sec. 3. Default; declaration of. If the defending party fails to answer within the
time allowed therefor, the court shall, upon motion of the claiming party with
notice to the defending party, and proof of such failure, declare the defending
party in default. Thereupon, the court shall proceed to render judgment granting
the claimant such relief as his pleading may warrant, unless the court in its
discretion requires the claimant to submit evidence. Such reception of evidence may
be delegated to the clerk of court. (a) Effect of order of default. - A party in
default shall be entitled to notice of
subseque###########################################################################
###################################################################################
#################################n#t# #p#r#o#c#e#e#d#i#n#g#s# #b#u#t# #n#o#t# #t#o#
#t#a#k#e# #p#a#r#t# #i#n# #t#h#e# #t#r#i#a#l#.# #( #(#b#)# #R#e#l#i#e#f# #f#r#o#m#
#o#r#d#e#r# #o#f# #d#e#f#a#u#l#t#.# #-# #A# #p#a#r#t#y# #d#e#c#l#a#r#e#d# #i#n#
#d#e#f#a#u#l#t# #m#a#y# #a#t# #a#n#y# #t#i#m#e# #a#f#t#e#r# #n#o#t#i#c#e#
#t#h#e#r#e#o#f# #a#n#d# #b#e#f#o#r#e# #j#u#d#g#m#e#n#t# #f#i#l#e# #a# #m#o#t#i#o#n#
#u#n#d#e#r# #o#a#t#h# #t#o# #s#e#t# #a#s#i#d#e# #t#h#e# #o#r#d#e#r# #o#f#
#d#e#f#a#u#l#t## #u#p#o#n# #p#r#o#p#e#r# #s#h#o#w#i#n#g# #t#h#a#t his failure to
answer was due to fraud, accident, mistake or excusable negligence and that he has
a meritorious defense. In such case, the order of default may be set aside on such
terms and conditions as the judge may impose in the interest of justice.
###################################################################################
###################################################################################
###################################################################################
#######( #(#c#)# #E#f#f#e#c#t# #o#f# #p#a#r#t#i#a#l# #d#e#f#a#u#l#t#.# #-#
#W#h#e#n# #a# #p#l#e#a#d#i#n#g# #a#s#s#e#r#t#i#n#g# #a# #c#l#a#i#m# #s#t#a#t#e#s#
#a# #c#o#m#m#o#n# #c#a#u#s#e# #o#f# #a#c#t#i#o#n# #a#g#a#i#n#s#t# #s#e#v#e#r#a#l#
#d#e#f#e#n#d#i#n#g# #p#a#r#t#i#e#s#,# #s#o#m#e# #o#f# #w#h#o#m# #a#n#s#w#e#r#
#a#n#d# #t#h#e# #o#t#h#e#r#s# #f#a#i#l# #t#o# #d#o# #s#o#,# #t#h#e# #c#o#u#r#t#
#s#h#a#l#l# #t#r#y# #t#h#e# #c#a#s#e# #a#g#a#i#n#s#t# #a#l#l# #u#p#o#n# #t#h#e#
#a#n#s#w#e#r#s# #t#h#u#s# #f#i#l#e#d# #a#n#d# #r#e#n#d#e#r# #j#u#d#g#m#e#n#t#
#u#p#o#n# #t#h#e# #e#v#i#d#e#n#c#e# #p#r#e#s#e#n#t#e#d#.# #( #(#d#)# #E#x#t#e#n#t#
#o#f# #r#e#l#i#e#f# #t#o# #b#e# #a#w#a#r#d#e#d#.# #-# #A# #j#u#d#g#m#e#n#t#
#r#e#n#d#e#r#e#d# #a#g#a#i#n#s#t# #a# #p#a#r#t#y# #i#n# #d#e#f#a#u#l#t# #s#h#a#l#l#
#n#o#t# #e#x#c#e#e#d# #t#h#e# #a#m#o#u#n#t# #o#r# #b#e# #d#i#f#f#e#r#e#n#t# #i#n#
#k#i#n#d# #f#r#o#m# #t#h#a#t# #p#r#a#y#e#d# #f#o#r# #n#o#r# #a#w#a#r#d#
#u#n#l#i#q#u#i#d#a#t#e#d# #d#a#m#a#g#e#s#.# #( #(#e#)# #W#h#e#r#e# #n#o# #d#efaults
allowed. - If the defending party in an action for annulment or declaration of
nullity of marriage or for legal separation fails to answer, the court shall order
the prosecuting attorney to investigate whether or not a collusion between the
parties exists, and if there is no collusion, to intervene for the State in order
to see to it that the evidence submitted is not fabricated.Kinds of defaultIn
actions in rem, general order of default.There are no defendants, so notice is made
to the public that all oppositors have to come forward and object. Otherwise, their
claims are forever barred.Usually in actions for certificates for public
convenience, MARINA permitsFailure to attend pre-trialUsed to be called as in
default in the 1964 Rules of Court (no longer in the present rules, but old
lawyers still use the phrase)What it really is: when the defendant fails to attend
the pre-trial, the plaintiff can just present evidence ex parte (hence, its not
really the default in this section because pre-trial presupposes that an answer has
already been filed)Failure to file an answer (this section)When is one considered
in default (under this section)?The court will declare the defending party in
defaultWhen he fails to answer within the time allowed therefore (see the time
periods!), andUpon motion of the claiming party, andWith notice to the defending
party,And proof of such failure.Generally, an order of default can be made only
upon motion of the claiming party.But see Santos v PNOC (2008), where even without
motion, the Court still allowed the default because the party could not be found

anyway.Can the court render judgment without presentation of evidence?Yes! The

court shall proceed to render judgment granting the claimant such relief as the
pleading may warrant, UNLESS its discretion requires the claimant
to submit evidence.The Clerk will receive the evidence, if ever.Whats the effect
of the order of default?The party in default shall be entitled to notice of
subsequent proceedings, but not take part in the trial. (haha, loser.)Relief from
an order of default:He may, at any time, after notice thereof and before judgment,
file a motion UNDER OATH to set aside the order of default.He must properly show
that his failure to answer was due to:FraudEXTRINSIC fraud ah!#AccidentMistake
Excusable negligence (FAME!)State that you have a meritorious defense, without
necessarily given an answerAlso see Republic v Sandiganbayan, 2007, wherein the SC
considered the trial courts granting of motions (motion to file responsive
pleading and motion for BOP) as having the same effect of lifting the order of
defaultIf judgment already rendered, the defaulted party has the following options
(Martinez v Republic, 2006):If judgment already rendered when the defendant
discovered the default, but before the same has become final and executor, file a
motion for NEW TRIAL (grounds: FAME) under Sec 1, Rule 37If defendant discovered
the default after the judgment has become final and executor, file a PETITION FOR
RELIEF under Sec 2, Rule 38Appeal from the judgment as contrary to evidence or to
law, even if no petition to set aside the order of default ahs been presented by
him. (Sec 2, Rule 41)Grounds:Plaintiff failed to prove the material allegations of
the complaint, orDecision is contrary to lawCertiorari (Rule 65)Whats the effect
of partial default?When a pleading asserting a claim states a common cause of
action against several defending parties, some of whom answer and the others fail
to do so,# #t#h#e# #c#o#u#r#t# #s#h#a#l#l# #t#r#y# #t#h#e# #c#a#s#e#
#a#g#a#i#n#s#t# #a#l#l# #u#p#o#n# #t#h#e# #a#n#s#w#e#r#s# #t#h#u#s# #f#i#l#e#d#
#a#n#d# #r#e#n#d#e#r# #j#u#d#g#m#e#n#t# #u#p#o#n# #t#h#e# #e#v#i#d#e#n#c#e#
#p#r#e#s#e#n#t#e#d#.# #( #T#h#i#s# #d#o#e#s#n## t# #a#p#p#l#y# #w#h#e#n# #t#h#e#
#d#e#f#e#n#s#e#s# #i#n#t#e#r#p#o#s#e#d# #b#y# #t#h#o#s#e# #p#r#e#s#e#n#t# #a#r#e#
#p#e#r#s#o#n#a#l#.##H#e#n#c#e#,# #i#n# #a# #c#a#s#e# #v#e#r#s#u#s# #M#a#r#i#o#,#
#W#a#r#i#o#,# #L#u#i#g#i#,# #a#n#d# #B#o#w#s#e#r#, with Bowser not filing an
answer. Mario, Wario, and Luigi can present evidence. Bowser can not. But Bowser
can still win on the strength of the evidence given by Mario, Wario, and Luigi.The
plaintiff will not be given the chance to present evidence ex parte since the other
defendants arent in default.What about the relief to be awarded?Well, it shall not
exceed the amount or be different in kind from that prayed for.The court should
also not award unliquidated damages (not supported by evidence).Even if the judge
orders more evidence to be presented, the award should still not exceed the amount
prayed for. (Atty. Guevara)If the contract states in case of breach, damages
will amount to P500,000., then thats not unliquidated and the judge can award
that. When are defaults not allowed?Action for legal separationAction for annulment
or declaration of nullity of marriageIn these 2 cases, the court shall order the
prosecuting attorney to investigate whether or not a collusion between the parties
exists, and if there is none, to intervene for the State in order to see to it that
the evidence submitted is not fabricated.SCAs like certiorari and prohibition,
wherein the Court will order the respondent to commentBut in Interpleader, there
can be default since the rules dont mention anything about it and thus the ROC
will apply suppletoritlyHow do you set aside an order of as in default (allowance
for plaintiff to present evidence ex parte)File an MR or motion to set aside order
of default, also on# #t#h#e# #g#r#o#u#n#d# #o#f# #F#A#M#E#.# #(#S#a#g#u#i#d# #v#
#C#A#)##N#o# #n#e#e#d# #t#o# #a#d#d# #t#h#a#t# #y#o#u# #h#a#v#e# #a#
#m#e#r#i#t#o#r#i#o#u#s# #d#e#f#e#n#s#e#,# #s#i#n#c#e# #y#o#u## r#e# #a#l#r#e#a#d#y#
#i#n# #p#r#e#-#t#r#i#a#l#.###R#U#L#E# #1#0# #A#M#E#N#D#E#D# #A#N#D#
#S#U#P#P#L#E#M#E#N#T#A#L# #P#L#E#A#D#I#N#G#S####S#e#c#t#i#o#n# #1#.#
#A#m#e#n#d#m#e#n#t#s# #i#n# #g#e#n#e#r#a#l#.# #( ##P#l#e#a#d#i#n#g#s# #m#a#y#
#b#e# #a#m#e#n#d#e#d# #b#y# #a#d#d#i#n#g# #o#r# #s#t#r#i#k#i#n#g# #o#u#t# an
allegation or the name of any party, or by correcting a mistake in the name of a
party or a mistaken or inadequate allegation or description in any other respect,
so that the actual merits of the controversy may speedily be determined, without

regard to technicalities, and in the most expeditious and inexpensive manner.What

is an amended pleading?They are proper in order to allege facts which occurred
prior to the filing of the original pleadings, but which for some reason, such as
oversight, inadvertence, or subsequent discovery, were not alleged therein.
(compare with supplemental pleadings)Sec. 2. Amendments as a matter of right. A
party may amend his pleading once as a matter of right at any time before a
responsive pleading is served or, in the case of a reply, at any time within ten
(l0) days after it is served.When are amendments a matter of right?Anytime before
the responsive pleading is served, orIn the case of a reply, at any time within 10
days after it is served.You can only amend as a matter of right once. Any
subsequent amendments after that needs leave of court.All you need is a NOTICE to
amend.You can amend both in form or substance.Does this mean you can amend your
answer?Yes. The law says pleading. You can amend your answer anytime before the
reply is served upon you.After a motion to dismiss has been served on you, can you
file an amendment of your complaint as a matter of right?Yes, as a matter of right.
A motion to dismiss is not a responsive pleading.The plaintiff may file an amended
complaint even after the original complaint was ordered dismissed if the order is
not yet final and the amendment is before the answer.When should you file your
response to an amended complaint?If it was done as a matter of right, 15 days after
being served with a copy thereof.If it was not done as a matter of right, 10 days
from notice of the order admitting the same. An answer earlier filed may serve as
the answer to the amended complaint if no new answer is filed. (No default, nagfile
ka na sa unang complaint eh!) (Rule 11, Sec 3)However, new material allegations in
the amended complaint which are not specifically denied are deemed admitted. (So
sumagot ka!)Sec. 3. Amendments by leave of court. Except as provided in the next
preceding section, substantial amendments may be made only upon leave of court. But
such leave may be refused if it appears to the court that the motion was made with
intent to delay. Orders of the court upon the matters provided in this section
shall be made upon motion filed in court, and after notice to the adverse party,
and an opportunity to be heard.What is a substantial amendment?It modifies or
alters the cause of action or defenses.Can you amend your cause of action or
defense?Yes! Using this section. It should be done with leave of court.When do you
need leave of court when amending?After the service of the responsive pleadingA
plaintiff cannot, after defendants answer, amend his complaint by changing the
cause of action or adding a new one without previously obtaining leave of court.Can
an answer containing a general denial be amended as to contain a specific denial?
Yes, it may be withdrawn with leave of court if there is a justifiable reason
therefore and if the interests of justice so require (Rule 8, Sec 11).May a
complaint stating no cause of action be cured by an amendment?Atty Tranquil said
no.Feria said yes. If in fact, a cause of action exists but the statement thereof
is defective for failure to allege essential facts and a motion to dismiss was
filed on the ground that it stated no cause of action, the complaint may be
amended.What if there was no motion to dismiss?The defect may be cured at the trial
on the merits by the presentation of evidence.If no objection was made, amendment
is not necessary and may be made at any time, even after judgment. If objected, the
court may allow the complaint to be amended and the evidence may be admitted.But
remember that the cause of action must exist at the time the action was begun. The
plaintiff will not be allowed by an amendment to introduce a cause of action which
had not existence when the action was commenced. How does amendment relate to the
statue of limitations?A new cause of action included in an amended complaint does
not relate back to the date of the filing of the original complaint under the
statute of limitations.But if it merely supplements the original complaint without
stating a new cause of action, it relates back to the date o the filing of the
original complaint.As we can see, the reckoning point is the filing of a responsive
pleading.Before responsive pleading: matter of rightAfter responsive pleading:
discretionary In criminal cases, the reckoning point is the plea.Before plea: you
can amend both in form and in substance.After plea: only as to matters of form, as
long as it will not prejudice the rights of the accused.Test: if the original
defense of the accused will change.Remember the implication of amendments to docket

fees: if the docket fees were already paid for the original pleading, the any
increases in the new fees because of the amendment will serve as a lien on the
judgment. (this presupposes that the original fees were paid for the original
pleading, thus giving the court jurisdiction over the case PAGCOR v Lopez, 2005)
Substituting an actionable document which is appended to the complaint is akin to
an amendment and must therefore be done with leave of court if answer has already
been served on the plaintiff. (Tiu v PBCOM, 2009)Amendments
to pleadings are generally favored and should be liberally allowed in furtherance
of justice, unless there are circumstances such as inexcusable delay or by taking
the adverse party by surprise which might justify a refusal of permission to amend.
(Tiu v PBCOM)Sec. 4. Formal amendments. A defect in the designation of the parties
and other clearly clerical or typographical errors may be summarily corrected by
the court at any stage of the action, at its initiative or on motion, provided no
prejudice is caused thereby to the adverse party.What about formal amendments? When
can you do those?At any stage, upon motion of the party or the court motu proprio
Sec. 5. Amendment to conform to or authorize presentation of evidence. When issues
not raised by the pleadings are tried with the express or implied consent of the
parties, they shall be treated in all respects as if they had been raised in the
pleadings. Such amendment of the pleadings as may be necessary to cause them to
conform to the evidence and to raise these issues may be made upon motion of any
party at any time, even after judgment; but failure to amend does not affect the
result of the trial of these issues. If evidence is objected to at the trial on the
ground that it is not within the issues made by the pleadings, the court may allow
the pleadings to be amended and shall do so with liberality if the presentation of
the merits of the action and the ends of substantial justice will be subserved
thereby. The court may grant a continuance to enable the amendment to be made.This
rule covers the situation wherein what was alleged was different from what was
proven. (claim: P50,000, proved: P1,000,230.00)This rule allows the following:
(Feria)A complaint which states no cause of action to be cured either by evidence
presented without objection, orin the event of an objection sustained by the court,
by an amendment of the complaint with leave of court.But if there is no cause of
action in the first place (compared to the failure to state a cause of action),
then no amendment can cure this.Admission of evidence on a defense not raised in a
motion to dismiss or an answer if No objection is made, orIn the event that there
was an objection, the amendment of the answer in order to raise such defense.There
are two kinds of amendments to conform to evidence:First: no objection on the part
of the other party. As such, it will be allowed even after judgment.This talks
about a situation where a party presents evidence and no one objects, either
expressly or impliedly.How can one not object impliedly?By cross-examiningBy
providing evidence in contra.In instances such as these, the court will render
judgment and will just order upon motion at any time the amendment so that the
complaint will conform with the evidence presented and the judgment rendered.
Second: if the other party objects, the amendment is left to the sound discretion
of the court.The court will shall allow the pleadings to be amended when the
presentation of the merits of the action will be subserved thereby and the
admission of such evidence would not prejudice the objecting party in maintaining
his action or defense upon the merits.After the amendment, the evidence objected to
may be presented.This was seen in Asean Pacific Planners v City of Urdaneta, 2008.
Genio question: When can the court order an amendment even without
motion/application to amend?If its a merely formal amendment. (typo!)For bill of
particulars, the court can either order compliance OR an amendmentMotion to
dismiss, the court can either grant, deny, or order an amendmentIn criminal case,
in a motion to quash, the court can grant, deny or order an amendment.Sec. 6.
Supplemental pleadings. Upon motion of a party the court may, upon reasonable
notice and upon such terms as are just, permit him to serve a supplemental pleading
setting forth transactions, occurrences or events which have happened since the
date of the pleading sought to be supplemented. The adverse party may plead thereto
within ten (10) days from notice of the order admitting the supplemental pleading.
What is a supplemental pleading?They are proper in order to allege facts which

occurred after the filing of the original pleadings. They are filed pursuant to new
transactions, occurrences or events (TOE) that have arisen after the filing of the
original pleadings.Of course, the original complaint must have a valid and
subsisting cause of action to begin with.Are supplemental pleadings new complaints?
No. This means that supplemental complaints do not supersede the original
complaints. (See Rule 10, Sec 8)Do you need leave of court?Yes.Can they be amended?
Yes, with leave of court. (Atty. Guevara)When should a response to a supplemental
pleading be made?Within 10 days, unless the Court gives a different period. (Rule
11, Sec 7)Take note that codal states pleading so there can be a supplemental
complaint, answer, reply, petition.GR: File a supplemental pleading as long as
there are new transactions, occurrences, or events that occur after the filing of
the first pleading.EXCEPT: in the Supreme Court. The Supreme Court will not accept
stuff unless they ask for it.Amendments#Supplements##Omission of a fact that
happened before filing; it was there at the time of the pleading#TOE happened only
fter filing##May be filed without leave of court (if before responsive
pleading)#Always with leave of court##Sec. 7. Filing of amended pleadings. When any
pleading is amended, a new copy of the entire pleading, incorporating the
amendments, which shall be indicated by appropriate marks, shall be filed.How
should an amended pleading be filed?With a new copy of the entire pleading which
incorporates and indicates the amendments with appropriate marksShould the amended
complaint be served on the defendant?Yes. (Page 351, Feria)Sec. 8. Effect of
amended pleadings. An amended pleading supersedes the pleading that it amends.
However, admissions in superseded pleadings may be received in evidence against the
pleader; and claims or defenses alleged therein not incorporated in the amended
pleading shall be deemed waived.What is the effect of an amended pleading?It
supersedes the pleading that it amends.What about the admissions in superseded
pleadings?They may be received in evidence against the pleader.What about the
claims or defenses alleged in the superseded pleadings?If they are not incorporated
in the amended pleading, they shall be deemed waived.RULE 11 WHEN TO FILE
RESPONSIVE PLEADINGSSection 1. Answer to the complaint. ####################( #
#T#h#e# #d#e#f#e#n#d#a#n#t# #s#h#a#l#l# #f#i#l#e# #h#i#s# #a#n#s#w#e#r# #t#o#
#t#h#e# #c#o#m#p#l#a#i#n#t# #w#i#t#h#i#n# #f#i#f#t#e#e#n# #(#l#5#)# #d#a#y#s#
#a#f#t#e#r# #s#e#r#v#i#c#e# #o#f# #s#u#m#m#o#n#s#,# #u#n#l#e#s#s# #a#
#d#i#f#f#e#r#e#n#t# #p#e#r#i#o#d# #i#s# #f#i#x#e#d# #b#y# #t#h#e# #c#o#u#r#t#.##
#O#r#d#i#n#a#r#y# #s#e#r#v#i#c#e# #o#f# #s#u#m#m#o#n#s# ###W#i#t#h#i#n# #1#5#
#d#a#y#s#####E#x#t#r#a#t#e#r#r#i#t#o#r#i#a#l# #s#e#r#v#i#c#e# ###A#t# #l#e#a#s#t#
#6#0# #d#a#y#s# #a#f#t#e#r# #n#o#t#i#c#e##Summons by publication#At least 60 days
after date of the last publication##Sec. 2. Answer of a defendant foreign private
juridical entity. Where the defendant is a foreign private juridical entity and
service of summons is made on the government official designated by law to receive
the same, the answer shall be filed within thirty (30) days after receipt of
summons by such entity.Where defendant is a foreign private juridical entity and
service:made on its resident agent designate in accordance with law for that
purposemade on the government official designated by law to receive the same (Rule
11, Sec 2)#Within 15 daysWithin 30 days after receipt of summons by such entity##If
sent to the government official, the counting only starts after receipt of summons
by such entityService of summons to the designated government official should be
made only in the absence of a designated resident agentSec. 3. Answer to amended
complaint. Where the plaintiff files an amended complaint as a matter of right, the
defendant shall answer the same within fifteen (l5) days after being served with a
copy thereof. Where its filing is not a matter of right, the defendant shall answer
the amended complaint within ten (10) days from notice of the order admitting the
same. An answer earlier filed may serve as the answer to the amended complaint if
no new
answ###############################################################################
###############################################################################e#r#
#i#s# #f#i#l#e#d#.# #( #T#h#i#s# #R#u#l#e# #s#h#a#l#l# #a#p#p#l#y# #t#o# #t#h#e#
#a#n#s#w#e#r# #t#o# #a#n# #a#m#e#n#d#e#d# #c#o#u#n#t#e#r#c#l#a#i#m#,#
#a#m#e#n#d#e#d# #c#r#o#s#s#-#c#l#a#i#m#,# #a#m#e#n#d#e#d# #t#h#i#r#d#

#(#f#o#u#r#t#h#,# #e#t#c#.#)# #p#a#r#t#y# #c#o#m#p#l#a#i#n#t#,# #a#n#d#

#a#m#e#n#d#e#d# #c#o#m#p#l#a#i#n#t#-#i#n#-#i#n#t#e#r#v#e#n#t#i#o#n#.###I#n#
#r#e#s#p#o#n#s#e# #t#o# #a#n# #a#m#e#n#d#e#d# #c#o#m#p#l#a#i#n#t# #(#R#u#l#e#
#1#1#,# #S#e#c# #3#)##I#f# #a#m#e#n#d#m#e#n#t# #a# #m#a#tter of rightIf amendment
not a matter of right#Within 15 daysWithin 10 days from notice of the order
admitting the same##Please see comments of Rule 10, Sec 2.Sec. 4. Answer to
counterclaim or cross-claim. A counterclaim or cross-claim must be answered within
ten (l0) days from service.In response to a counterclaim and cross-claim #Within 10
days from service##Sec. 5. Answer to third (fourth, etc.)- party complaint. The
time to answer a third (fourth, etc.)- party complaint shall be governed by the
same rule as the answer to the complaint.In response to a third-party complaint
(Rule 11, Sec 5)#Within 15 days##Sec. 6. Reply. A reply may be filed within
ten (l0) days from service of the pleading responded to.Response to an answer
#Within 10 days from service##If in response to a amended or supplemental answer
#Within 10 days from notice of order##Sec. 7. Answer to supplemental complaint. A
supplemental complaint may be answered within ten (10) days from notice of the
order admitting the same, unless a different period is fixed by the court. The
answer to the complaint shall serve as the answer to the supplemental complaint if
no new or supplemental answer is filed.In response to a supplemental complaint
(Rule 11, Sec 7)#Within 10 days from notice of the order admitting the same, unless
a different period is fixed by the court##Sec. 8. Existing counterclaim or crossclaim. A compulsory counterclaim or a cross-claim that a defending party has at
the time he files his answer shall be contained therein.An existing compulsory
counterclaim or cross-claim should be included in the answer.If not, it shall be
barred unless with leave of court, it is set up in an amended answer before
judgment.Sec. 9. Counterclaim or cross-claim arising after answer. A counterclaim
or a cross-claim which either matured or was acquired by a party after serving his
pleading may, with the permission of the court, be presented as a counterclaim or a
cross-claim by supplemental pleading before judgment.This is an instance of a
supplemental answer.It must be done with leave of court and before judgment.Sec.
10. Omitted counterclaim or cross-claim. When a pleader fails to set up a
counterclaim or a cross-claim through oversight, inadvertence, or excusable
neglect, or when justice requires, he may, by leave of court, set up the
counterclaim or cross-claim by amendment before judgment.This is an instance of an
amended answer.It must be done with leave of court and before judgment.Sec. 11.
Extension of time to plead. Upon motion and on such terms as may be just, the court
may extend the time to plead provided in these Rules.
The court may also, upon
like terms, allow an answer or other pleading to be filed after the time fixed by
these Rules.When should a motion for extension of the time to plead be filed?Before
the expiration of the time sought to be extended.What if the last day of the period
for filing a pleading falls on a weekend or legal holiday?You file it on the next
working day.BUT Any extension of time to file the same should be counted from the
expiration of the period regardless of the fact that said due date is a Saturday,
Sunday or legal holiday.What if you werent able to file your pleading on time?File
a motion for leave to file a pleading or motion, along with the pleading or motion
sought to be admitted. (Rule 15, Sec 9)RULE 12 BILL OF PARTICULARSSection 1. When
applied for; purpose.
###################################################################################
##############( ##B#e#f#o#r#e# #r#e#s#p#o#n#d#i#n#g# #t#o# #a# #p#l#e#a#d#i#n#g#,#
#a# #p#a#r#t#y# #m#a#y# #m#o#v#e# #f#o#r# #a# #d#e#f#i#n#i#t#e# #s#t#a#t#e#m#e#n#t#
#o#r# #f#o#r# #a# #b#i#l#l# #o#f# #p#a#r#t#i#c#u#l#a#r#s# #o#f# #a#n#y#
#m#a#t#t#e#r# #w#h#i#c#h# #i#s# #n#o#t# #a#v#e#r#r#e#d# #w#i#t#h#
#s#u#f#f#i#c#i#e#n#t# #d#e#f#i#n#i#t#e#n#e#s#s# #o#r# #p#a#r#t#i#c#u#l#a#r#i#t#y#
#t#o# #e#n#a#b#l#e# #h#i#m# #p#r#o#p#e#r#l#y# #t#o# #p#r#e#p#a#r#e# #h#i#s#
#r#e#s#p#o#n#s#i#v#e# #p#l#e#a#d#i#n#g#.# #I#f# #t#h#e# #p#l#eading is a reply, the
motion must be filed within ten (10) days from service thereof. Such motion shall
point out the defects complained of, the paragraphs wherein they are contained, and
the details desired.Why do you apply for a bill of particulars?To prepare properly
for ones responsive pleading when the other party has not averred with sufficient

definiteness or particularity any matter.You only move for a bill of particulars

when whats ambiguous are the material allegations/essential acts or omissionsThe
matters sought to be obtained should be the ultimate factsWhen should you move for
one?Before responding to a pleading (either a complaint or an answer)If the bill of
particulars is to clarify a reply, 10 days from service thereof.A motion for bill
of particulars becomes moot and academic where, prior to its filing, the defendant
has already filed his answer and several other pleadings. (Baritua v Mercader)What
should it point out?The defects complained of, andThe paragraphs wherein they are
contained, andThe details desired.Basically, IDENTIFY the defects and INDICATE the
details requiredBut if alleged is fraud or defect, dont go for a Bill of
Particulars, just answer it. Tinuruan mo pa yung kalaban! Atty. TranquilGolden
nugget of knowledge: A Bill of Particulars is also available in criminal cases.
(Rule 116, Section 9).Chicken nugget of knowledge: A BOP is NOT available in IntraCorporate Controversies. It is a prohibited pleading. (Reyes v RTC of Makati, 2008,
wherein a BOP filed to specify fraudulent acts was not granted)Knorr nugget of
knowledge: In cases for the recovery of ill-gotten wealth, a motion for BOP, not a
MTD) is a remedy for the perceived vagueness or ambiguities in the complaints.
(Republic v Sandiganbayan, 2007, where allegations like in flagrant breach of
public trust, unjust enrichment, embarked upon a systematic plan to accumulate
ill-gotten wealth, etc were cited as ambiguous.)Sec. 2. Action by the court. Upon
the filing of the motion, the clerk of court must immediately bring it to the
attention of the court which may either deny or grant it outright, or allow the
parties the opportunity to be heard.The court can actually deny or grant the Bill
of Particulars OUTRIGHT.Sec. 3. Compliance with order. If the motion is granted,
either in whole or in part, the compliance therewith must be effected within ten
(l0) days from notice of the order, unless a different period is fixed by the
court. The bill of particulars or a more definite statement ordered by the court
may be filed either in a separate or in an amended pleading, serving a copy thereof
on the adverse party.If the motion is granted, when should it be complied with?The
adverse party must comply within 10 days from notice of order.Unless the court
orders otherwise.How do you file the bill of particulars?It can be filed either in:
Separate pleading, orIn an amended pleading.Sec. 4. Effect of non-compliance. If
the order is not obeyed, or in case of insufficient compliance therewith, the court
may order the striking out of the pleading or the portions thereof to which the
order was directed or make such other order as it deems just.What if the order is
not obeyed?The court may order the striking out of the pleading or the portions
thereof.Dismiss the case based on non-compliance with a court order. (Rule 17, Sec
3)Sec. 5. Stay of period to file responsive pleading. After service of the bill of
particulars or of a more definite pleading, or after notice of denial of his
motion, the moving party may file his responsive pleading within the period to
which he was entitled at the time of filing his motion, which shall not be less
than five (5) days in any event.After service of the bill of particulars, or after
notice of denial of ones motion for a bill of particulars (Rule 12, Sec 5)#Within
the period remaining to which he was entitled at the time of filing his motion,
which shall not be less than 5 days in any event, counted from the service of the
bill of particulars or amended pleading##The filing of a motion of a bill of
particulars suspends the running of the period to file an answer or a motion to
dismiss.It is resumed upon the amended complaint being filed in compliance with the
courts order granting the motion for a bill of particulars or when the movant is
notified of the bills denial.If the party fails to file an answer in the time
remaining, he will be declared in default.Sec. 6. Bill a part of pleading. A bill
of particulars becomes part of the pleading for which it is int#e#n#d#e#d#.##
#R#U#L#E# #1#3# #F#I#L#I#N#G# #A#N#D# #S#E#R#V#I#C#E# #O#F# #P#L#E#A#D#I#N#G#S#,#
#J#U#D#G#M#E#N#T#S# #A#N#D# #O#T#H#E#R# #P#A#P#E#R#S####S#e#c#t#i#o#n# #1#.#
#C#o#v#e#r#a#g#e#.# #( ##T#h#i#s# #R#u#l#e# #s#h#a#l#l# #g#o#v#e#r#n# #t#h#e#
#f#i#l#i#n#g# #o#f# #a#l#l# #p#l#e#a#d#i#n#g#s# #a#n#d# #o#t#h#e#r# #p#a#p#e#r#s#,#
#a#s# #w#e#l#l# #a#s# #t#h#e# #s#e#r#v#i#c#e# #t#h#e#r#e#o#f#,# #e#x#c#e#p#t#
#t#h#o#s#e# #f#o#r# #w#h#i#c#h# #a# #d#i#f#f#e#r#e#n#t# #m#o#d#e# #o#f#
#s#e#r#v#i#c#e# #i#s prescribed.Sec. 2. Filing and service, defined. Filing is the

act of presenting the pleading or other paper to the clerk of court.

Service is
the act of providing a party with a copy of the pleading or paper concerned. If any
party has appeared by counsel, service upon him shall be made upon his counsel or
one of them, unless service upon the party himself is ordered by the court. Where
one counsel appears for several parties, he shall only be entitled to one copy of
any paper served upon him by the opposite side.What is filing?Its the act of
presenting the pleading or other paper to the clerk of court.What about service?
Its the act of providing a party with a copy of the pleading or paper concerned.
What if a party has appeared by counsel?GR: Service upon the party shall be made
upon his counsel or one of them, UNLESS service upon the party himself is ordered
by the court.When will the court order service upon the party?When the attorney of
record cannot be located either because he gave no address or changed his given
addressAn order to show cause why a party should not be punished for contempt for
disobeying a special judgment.What if there are two attorneys?The rule is that the
notice of hearing may be made either upon both attorneys or upon one of them,
regardless of whether they belong to the same law firm or are
practicing one independently of the other.Sec. 3. Manner of filing. The filing of
pleadings, appearances, motions, notices, orders, judgments and all other papers
shall be made by presenting the original copies thereof, plainly indicated as such,
personally to the clerk of court or by sending them by registered mail. In the
first case, the clerk of court shall endorse on the pleading the date and hour of
filing. In the second case, the date of the mailing of motions, pleadings, or any
other papers or payments or deposits, as shown by the post office stamp on the
envelope or the registry receipt, shall be considered as the date of their filing,
payment, or deposit in court. The envelope shall be attached to the record of the
case.What are the two ways of filing?Personally handing it to the clerk of courtThe
clerk of court shall endorse in the pleading the date and hour of filing.Stamped,
dated and signed by the clerk of court.Proof: if the pleading is found in the
records of the court;If it does not appear, present the received copy (see Sec 12)
By registered mailThe date of the mailing as shown by the post office stamp on the
envelope or the registry receipt shall be considered as the date of their filing,
payment, or deposit in courtProof: (see Sec 12)Registry receiptAffidavit of the
person mailing Return cardWhat if I had my papers sent by a private courier?In such
cases, the actual receipt by the clerk of court, and not the private courier is the
date counted for filing.No filing by ordinary mail.Because there is no way the
court can find out when you filed it.NOTE: But there can be service by ordinary
mail.Sec. 4. Papers required to be filed and served. Every judgment, resolution,
order, pleading subsequent to the complaint, written motion, notice, appearance,
demand, offer of judgment or similar papers shall be filed with the court, and
served upon the parties affected.What has to be filed and served:Every Judgment
ResolutionOrderPleading subsequent ot the complaintWritten motionNoticeAppearance
DemandOffer of judgmentSimilar papersWhat constitutes promulgation?The act of
filing the judgment, resolution and order of the court constitutes rendition or
promulgation thereof.They should first be filed with the clerk of court before
they are served upon the p