ORIGINAL JURISDICTION:

SUPREME COURT:
1. Actions involving AMBASSADORS,
PUBLIC MINISTERS, and CONSULS;
2. Over petitions for C, P, M,QW and HC;
3. Petitions for W of Amparo;
4. Petitions for HD;
5. Petitions for W of CM;
6. Petitions for W of K.
CA:
1. Over petitions for C, P, M,QW and HC;
2. Petitions for W of Amparo;
3. Petitions for HD;
4. Petitions for W of CM;
5. Petitions for W of K;
6. Actions for Annulment of Judgment of
RTC;
7. Petitions for FREEZE ORDER under RA
9160 (3J) as amended by RA 9194;
*Whether or not in aid of its appellate
jurisdiction
RTC:
1. Actions involving AMBASSADORS,
PUBLIC MINISTERS, and CONSULS;
2. Over petitions for C, P, M,QW and HC;
3. Petitions for W of Amparo;
4. Petitions for HD;
5. Petitions for W of CM;
Shariah District:
1. Petitions by Muslims for the:
a. Constitution of a Family Home
b. Change of Name
c. Commitment of an insane person
to an asylum
2. All other personal or real actions not
mentioned in Par. 1D wherein all parties
are Muslims, EXCEPT those for FE and
UD;
3. All SCA for interpleader or declaratory
relief where all the parties are Muslims
OR the property involved belongs to
Muslims.
EXCLUSIVE JURISDICTION:
EXCLUSIVE AND ORIGINAL JURISDICTION:
SC:
Over petitions for CPM against the judgment,
final orders and resolutions of the:
1. CA
2. Sandiganbayan
3. CTA
4. COMELEC
5. COA
6. Ombudsman in criminal cases
CA:
Over petition for CPM against:
1. Decisions, final orders and Resolutions of
RTC;
2. NLRC;(St. Martin Funeral Homes)
3. DFOR of Sec. of Labor and Employment
over DFOR of the ff. offices:
a. POEA Administrator, in exercise
of AJ function in case of
violations of the LC and POEA
Rules and Reg.;
b. Authorized representatives of
DOLE Sec brought on appeal in
case of violation of
apprenticeship agreement which
has become final and executory;
c. NWPC on appeal over WAGE
ORDER by the Regional Wage
Tripartite Board;
d. DIRECT and INDIRECT
CONTEMPT Cases decided by
NLRC;
e. Decision of Sec. of Labor and
Employment on appeal in case of
DENIAL OF UNION
REGISTRATION by the Regional
Director or BLR;
1. Decision of BLR
on appeal over
the order of
CANCELLATION
OF UNION
REGISTRATION;
f. Order of BLR on appeal over
INTRA-LABOR DISPUTES.
4. Over actions for annulment of judgments
of the RTC (R47)
SANDIGANBAYAN:
Over civil cases for forfeiture of illegally-
acquired wealth under RA 1379
RTC: In CIVIL CASES
1. All civil actions in which the subject of
litigation is INCAPABLE of PECUNIARY
ESTIMATION;
2. All civil actions which involve title to, or
possession of real property, or any
interest therein, where assessed value of
prop. EXCEEDS P20K (Outside MM) or in
MM, where such value EXCEEDS P50K;
3. All actions of ADMIRALTY and
MARITIME Jurisdiction where demand/
claim EXCEEDS P300K (OMM), or in MM,
where the demand/claim EXCEEDS
P400K;
4. Matters of PROBATE, testate or intestate,
where the gross value of the estate
exceeds P300K OMM, or in MM, where
such gross value exceeds P400K;
5. In all actions involving the contract of
marriage and marital relations (Subject
to FAMILY COURTS)
6. In all cases NOT WITHIN the exclusive
jurisdiction of any court, tribunal,
person, or body exercising judicial or QJ
functions;
7. In all civil actions and special
proceedings falling within the EOJ of
JUVENILE and DOMESTIC RELATIONS
Court and of the COURT OF AGRARIAN
RELATIONS as now provided by law;
8. All OTHER CASES 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 P300K
OMM, or in MM exceeds P400K.
9. Cases involving INTRA-CORPORATE
CONTROVERSIES under S5.2 of SRC:
a. Cases involving DEVISES and
SCHEMES employed by OR ACTS
of BOD, business association, its
officers or partnership,
amounting to fraud or
misrepresentation which may be
detrimental to the interest of the
public and/or of the
stockholders, partners, members
of associations or organizations
registered with the Commission;
b. Controversies arising out of
INTRA-CORPORATE or
PARTNERSHIP RELATIONS
between and among
stockholders, members or
associates; BETWEEN any or all
of them AND the corporation,
partnership, or association of
which they are stockholders,
members or associates
respectively; and between such
C/P/A and the State as it
concerns their individual
franchise or the right to exist as
such entity;
c. Controversies in the ELECTION
and APPOINTMENT of D, T, O or
members of such C/P/A;
d. PETITIONS by such C/P/A to be
declared in a STATE of
SUSPENSION OF PAYMENTS, in
the case where they have
sufficient properties to cover all
debts but foresee the
impossibility of meeting all of
them as they fall due; or in case
where they have no sufficient
properties to cover all liabilities
but are under the management of
a REHAB RECEIVER or a MGMT
COMMITTEE.
10. Over Petitions for Annulment of JDFO of
the MeTC, MTC and MCTC ( S10 R47);
11. Over civil cases for Infringement of
Copyright and Unfair Competition under
the IP Code;
12. As a FAMILY COURT, vested with
exclusive jurisdiction over CHILD and
FAMILY CASES:
a. Petitions for Guardianship,
Custody of Children and HC
involving children;
b. Petitions for ADOPTION of
children and the revocation
thereof;
c. Complaints for annulment of
marriage, the declaration of the
nullity of marriage, and those
relating to status and property
relations of H&W, or those living
together under different status
and agreements, and the petition
for the dissolution of conjugal
partnership of gains;
d. Petition for support and
acknowledgment thereof;
e. Summary judicial proceedings
brought under the Family Code
(EO 209);
f. Petitions for the declaration of
the status of children as
abandoned, dependent or
neglected children, for voluntary
of involuntary commitment of
children, for the suspension,
termination or restoration of
parental authority, or other cases
arising under the PD 603, EO 56,
or other related laws;
g. Cases for domestic violence as
defined therein, but which do not
constitute criminal offenses
subject to criminal prosecution
and penalties.
13. Petition for civil forfeiture of money
instrument, property or proceeds
representing, involving or relating to an
unlawful activity or money laundering
offenses;
14. Petition QUESTIONING the existence,
validity and enforceability of an
arbitration agreement;
15. Petition for JUDICIAL RELIEF from the
ruling of an Arbitral Tribunal or a
preliminary question upholding or
declining jurisdiction;
16. Petition for Interim Measure of
Protection;
17. Petition for Appointment of Arbitrator;
18. Petition Challenging the Appointment of
an Arbitrator;
19. Petition to Terminate the Mandate of an
Arbitrator;
20. Petition for Assistance in Taking of
Evidence;
21. Petition for Protective Order;
22. Petition for Confirmation,
correction/modification or vacation of a
Domestic Arbitral Award;
23. Petition to Enforce, Recognize or Set
aside an Arbitral award;
24. Petition to Recognize & Enforce a
Foreign Arbitral Award.
MeTC/MTC/MCTC:
1. EOJ over CIVIL ACTIONS AND PROBATE
PROCEEDINGS, testate and intestate,
including the GRANTING OF
PROVISIONAL REMEDIES in proper
cases, where the value of the personal
property, estate or amount of the
demand DOES NOT EXCEED P300K
OMM, or in MM where such personal
property, estate or demand does not
exceed P400K;
Determination of such amount
shall not include interest,
damages of whatever kind,
attorneys fees, litigation
expenses and costs
But these are INCLUDED IN
DETERMINATION OF FILING
FEES
2. Over admiralty and maritime jurisdiction
cases where the demand or claim does
not exceed P300K OMM, or P400K in
MM;
3. Over cases of FE and UD of lands and
buildings, regardless of value of
property;
a. When DEF raises question of
ownership and possession cant
be determined without deciding
issue of ownership, such issue
shall be resolved to determine
issue of ownership, but is merely
provisional
b. Ejectment cases must be filed
within 1 year lest it become
ACCION PUBLICIANA (Ordinary
Civil Action)
4. Over REAL ACTIONS involving title to, or
possession of real property or any
interest therein, where assessed value of
property does not exceed P20K OMM, or
in MM does not exceed P50K, exclusive
of interest, damages of whatever kind,
attys fees, litigation expenses and costs.
5. Over cases covered by SUMMARY
PROCEDURE:
a. FE and UD irrespective of
amount of damages or unpaid
rentals sought to be recovered,
and regardless of value of
property
b. All OTHER cases, EXCEPT
Probate proceedings, where the
total amount of the Ps claim
does not exceed P100K OMM, or
P200K in MM, exclusive of
interest and costs.
Small Claims Cases:
Actions before the MTC for payment of money
where the value of the claims does not exceed
P100K exclusive of interest and cost




Shariah District Courts:
1. All cases involving custody,
guardianship, legitimacy, paternity and
filiation arising under this Code;
2. All cases involving the disposition and
settlement of the ESTATE of DECEASED
Muslims, probate of wills, issuance of
letters administration or appointment of
administrators and executors regardless
of the nature or the aggregate value of
the property;
3. Petitions for the declaration of ABSENCE
and DEATH and for CANCELLATION or
CORRECTION of entries in the Muslim
Registries;
4. All actions arising from CUSTOMARY
CONTRACTS in which the parties are
Muslims, IF they have not specified
which law shall govern their relations;
5. All petitions for CPMIHC and other
auxiliary writ and processes in aid of its
appellate jurisdiction.
Shariah CIRCUIT Courts:
1. All civil actions and proceedings
between parties who are Muslims or
have been married in accordance with
Art. 13, involving disputes relating to :
a. Marriage;
b. Divorce recognized under this
Code;
c. Betrothal or breach of contract of
marriage;
d. Customary dower (mahr);
e. Disposition and distribution of
property upon divorce;
f. Maintenance and support, and
consolatory gifts (muta);
g. Restitution of marital gifts.
2. All cases involving disputes to communal
properties.



SPECIAL JURISDICTION
RTC:
(S23,BP129) SC may designate certain branches
of the RTC to exclusively handle the following
cases:
a. Criminal cases;
b. Juvenile and Domestic Relations
cases;
c. Agrarian cases;
d. Urban land reform cases not falling
within the jurisdiction of any judicial
or QJ agencies;
e. Other cases which the SC may
determine in the interest of speedy
and efficient administration of justice
MTC Judges:
In the absence of RTC Judges in a province,
1. Hear petitions for writ of HC;
2. Hear petition for bail in criminal cases.

APPELLATE JURISDICTION:
SC:
CA:
SANDIGANBAYAN:
CTA:
RTC:
Appellate jurisdiction over decisions and final
orders of the MeTC, MTC, and MCTC in their
respective territorial jurisdiction (via Rule 40)
SHARIAH DISTRICT COURTS:
All cases tried in the Shariah Circuit Courts
within their territorial jurisdiction


DELEGATED JURISDICTION:
MTC:
1. Cadastral/land registration cases on lots
with no controversy or opposition;
2. Cadastral/land registration cases
covering lots where the value does not
exceed P100K
Value:
i. a. affidavit of claimant
ii. By agreement of
respective claimants if
more than one
iii. Tax declaration
Remedy: Similar to appeals of
RTC to CA via Rule 41
SMALL CLAIMS:
Courts of limited jurisdiction that hear civil
cases between party litigants
Purpose: To provide an inexpensive and
expeditious means to settle disputes over small
claims
Scope: Actions before the MTC for payment of
money where the value of the claims does not
exceed P100K exclusive of interest and cost
Applicability: Actions which are:
1. Purely civil in nature where the claim or
relief sought by plaintiff is SOLELY FOR
PAYMENT OR REIMBURSEMENT OF
SUM OF MONEY; and
2. Civil aspect of criminal action, or
reserved upon the filing of the criminal
action in court, pursuant to Rule 111 of
Criminal Procedure.
3. Claims may be:
a. For money owed under:
i. Contract of Lease
ii. Contract of Loan
iii. Contract of Services
iv. Contract of Sale
v. Contract of Mortgage
b. For damages arising from any of
the following:
i. Fault or Negligence
ii. Quasi-Contract
iii. Contract
c. Enforcement of a barangay
amicable or an arbitration award
involving a money claim
pursuant to Sec. 417 of the LGC
Prohibited Pleadings:
1. MTD except on the ground of Lack of
jurisdiction;
2. Motion for a bill of particulars;
3. Motion for New Trial, or for
reconsideration of a judgment, or for
reopening of trial;
4. Petition for relief of judgment;
5. Motion for extension of time to file
pleadings, affidavits, or any other paper;
6. Memoranda;
7. Petition for CPM against any
interlocutory order issued by the court;
8. Motion to declare the defendant in
default;
9. Dilatory motions for postponement;
10. Reply;
11. 3
rd
Party Complaints;
12. Interventions
SMALL CLAIMS FLOWCHART:
1. Filing the STATEMENT OF CLAIM ( Form
I-SCC)
a. Must be duly accomplished and
verified
b. Must be filed in duplicate
c. May join in a single SOC one or
more separate small claims
provided the total amount does
not exceed 100K, exclusive of
interest and costs.
2. Payment of Docket Fees and other legal
fees unless allowed to file as indigent
3. SOC must be accompanied by
Certification of Non-Forum Shopping (
Form I-A SCC)
4. If claim is based on actionable document:
include 2 duly-certified photocopies
5. Also attach affidavits/ evidences to
support claim
a. Evidence/ affidavit not
submitted together with Claim
shall not be allowed during
hearing, except upon showing of
good cause
6. Court examines allegations in the claim
on the day the SOC is received
a. May dismiss the case outright
based on any ground for
dismissal of civil action
b. Judge required to determine if
case falls within definition of
Small Claims
i. Must involve pure money
claim which does not
exceed 100K
ii. If principal claim exceeds
100K, must have a waiver
of the excess embodied in
SOC
iii. If BP22 Case: may only
entertain the civil aspect
if no complaint filed w/
Office of Prosecutor. This
must be stated in SOC
and there must be
express waiver of such
criminal action in the
V&CofNFS
c. If not a small claim, but still
within jurisdiction of 1
st
Level
Courts, will NOT BE DISMISSED,
but declare which procedure
governs it (Summary/ Regular)
i. Will be re-docketed but
no re-assignment
necessary to prevent
forfeiture of filing fees
d. Submission of Certificate to File
Action from the barangay is pre-
requisite in Small Claims covered
by the barangay justice system
7. Issuance of SUMMONS (Form 2-SCC) and
NOTICE OF HEARING (Form 4-SCC)
a. Notice contains warning that no
unjustified postponement shall
be allowed
b. Also express prohibition against
the filing of MTD or any other
motion under Sec. 14 of Rule on
Small Claims Cases
8. Defendant files a VERIFIED RESPONSE
a. Serve the same on the plaintiff
within 10 days from receipt of
summons
b. Response accompanied by
certified photocopies of
documents, affidavits of
witnesses and other evidence
c. If at the time of commencement,
defendant may file counter-claim
against plaintiff, provided it is:
i. Within coverage of this
Rule, exclusive of
interests and costs;
ii. Arises out of the same
transaction/event that is
subject matter of
plaintiffs claim;
iii. Does not require for its
adjudication the joinder
of 3
rd
parties;
iv. Not the subject of
another pending action
v. If not filed, barred from
suit on the counterclaim
d. Defendant may also file a
counterclaim that does not arise
out of the same transaction that
is subject matter of the claim
provided:
i. Amount and nature of
Counterclaim within
coverage of Rule;
ii. Prescribed docket fees &
legal fees are paid.
9. If Defendant fails to file Response within
period AND:
a. Fails to appear on hearing: Court
shall render judgment on the
same day, as may be warranted
by facts.
b. Appears on hearing: Court shall
ascertain what defense he has to
offer and proceed to
mediate/adjudicate on the same
day, as if a Response has been
filed.
10. Hearing
a. Parties appear personally
b. XPN: If valid cause is shown, a
representative must not be a
lawyer and must be
related/next-of-kin
c. Juridical entities shall not be
represented by a lawyer in any
capacity
d. Representatives must be
authorized under SPA (Form 5-
SCC) which authorizes him to:
i. Enter into amicable
settlement
ii. Enter into
stipulations/admissions
of facts and of
documentary exhibits
e. Request for postponement may
be granted only upon proof of the
physical inability of the party to
appear. Only 1 postponement
may be availed by a party.
11. Non-Appearance at Hearing:
a. Plaintiff fails:
i. cause of dismissal of
claim WITHOUT
prejudice
ii. Defendant who appears
shall be entitled to
judgment on a
PERMISSIVE
Counterclaim
b. Defendant fails:
i. Same effect as failure to
file a Response
ii. Will not apply if some of
the defendants appear
c. Failure of both:
i. Dismissal on both claim
and counterclaim WITH
prejudice
12. Appearance of Attorneys
a. No attorney allowed to appear
unless he is a party
b. Inability of party to properly
present his claim/defense not an
excuse
13. Judicial Dispute Resolution Proceedings
a. Judge exerts all efforts to bring
parties to amicably settle
b. Settlement (F7-SCC) or
Resolution (F8-SCC)shall be
reduced to writing, signed and
submitted to court for approval
(F12-SCC)
c. If Settlement fails:
i. Hearing shall proceed
and terminated within 1
day.
14. Decision (F13-SCC)
a. Entered by clerk in the court
docket for civil cases and copy
served to parties
b. Final and not appealable
15. Execution
a. If in favour of plaintiff: judgment
executed upon motion using F9-
SCC
CIVIL CASES SUBJECT TO SUMMARY
PROCEDURE:
1. All cases of FORCIBLE ENTRY and
UNLAWFUL DETAINER irrespective of
the amount of damages or unpaid rentals
sought to be recovered;
2. ALL OTHER CASES, EXCEPT PROBATE
PROCEEDINGS, where the TOTAL
AMOUNT of the plaintiffs claim does not
exceed P100K OMM or does not exceed
P200K MM , exclusive of interests and
costs.
Pleadings Allowed:
1. Complaint
2. Compulsory counterclaim, pleaded in the
answer
3. Cross-claim, pleaded in the answer
4. Answer to these pleadings
Prohibited Pleadings and Motions:
1. MTD except on 2 grounds:
a. Failure to comply with bgy.
Conciliation proceedings
b. Lack of jurisdiction over the
subject matter
2. Motion for Bill of Particulars
3. Motion for new trial/ Motion for
reconsideration of judgment/ Motion for
reopening of trial
4. Petition for relief from judgment
5. Motion for extension of time to file
pleadings, affidavits, and other papers
6. Memoranda
7. Petition for certiorari, mandamus or
prohibition against an interlocutory
order of the court
8. Motion to declare the defendant in
default
9. Dilatory motions for postponement
10. Reply
11. 3
rd
Party complaints
12. Interventions
In Summary Procedure, no hearing is conducted.
Instead the parties are requested to submit their
respective position papers.
SUMMARY PROCEDURE FLOWCHART:
1. Filing of the COMPLAINT and PAYMENT
of Docket Fees
2. Determination by the Judge if the Case is
Summary in natureIf not: Dismissal of
the Case
3. Issuance and Service of SUMMONS
4. Defendant shall file ANSWER within 10
DAYS from service of Summons
5. If Defendant FAILS TO ANSWER WITHIN
10 DAYS from service of summons: Court
MOTU PROPIO/ Upon MOTION of
plaintiff RENDER JUDGMENT
6. PRELIMINARY CONFERENCE not later
than 30 days after the LAST ANSWER is
filed.
a. Failure of P to appear: cause for
dismissal of his complaint
b. If D appears and P does not: he is
entitled to judgment on his
counterclaim
c. If D fails to appear: P entitled to
judgment in accordance with Sec.
6 of Rules on Summary
Procedure
i. Not applied where one D
appears of the 2 or more
Ds are sued under a
common COA and
pleaded a common
defense.
7. RECORD OF PRELIMINARY
CONFERENCE: Within 5 days after the
termination of the prelim conference,
COURT shall ISSUE ORDER stating the
matters to be taken up.
8. SUBMISSION OF AFFIDAVITS of their
WITNESSES and POSITION PAPERS
setting forth the law and facts relied
upon by the parties: Within 10 days from
receipt of order
a. Affidavits: Only FACTS OF
DIRECT PERSONAL
KNOWLEDGE of the affiants ;
b. Violation: may be subjected to
disciplinary action and cause
such portion to be expunged
from the record
9. RENDITION OF JUDGMENT: Within 30
DAYS after receipt of last affidavit and
position papers, OR the expiration of the
period for filing the same
10. APPEAL TO RTC by NOTICE OF APPEAL
within 15 DAYS: Decision of RTC shall be
immediately executory, without
prejudice to a further appeal
11. PFR from RTC to CA WITHIN 15 DAYS
under R42
12. PRF on CERTIORARI to SC within 15
DAYS under R45
13. EXECUTION under R39
________________________________________________________
BASIC CONCEPTS IN PLEADINGS:
S1, Rule 6: Pleadings are the WRITTEN
STATEMENTS of the
RESPECTIVE CLAIMS &
DEFENSES of the parties
submitted to the court for
judgment.
Pleadings Allowed:
1. Complaint
2. Counterclaim
3. Crossclaim
4. 3
rd
/4
th
Party Complaint
5. Complaint in- intervention
Kinds of Pleading:
1. Initiatory Pleading- COMMENCES an
action containing plaintiffs cause of
action
a) Needs to be verified
b) Should contain a Verification on Non-
Forum Shopping
c) TYPES:
a. Original Complaint
b. Permissive Complaint
c. Cross-claim
d. 3
rd
Party Complaint
e. 4
th
Party Complaint
f. Complaint in Intervention
g. Petitions (including Special
Actions & Special Proceedings)
h. Statement of Claims (Small
Claims)
2. Responsive Pleading- Responds to the
adverse partys pleading
GR:Need not be verified,
o XPN: those required to be
verified under ROC and
the law;
Need not contain Verification
unless with Counter or Cross.
TYPES:
a. Answer to Orig. Complaint
b. Answer to Permissive Counter
c. Answer to Cross
d. Answer to 3
rd
Party Complaint
e. Answer to Amended Pleading
f. Reply to all Answers
g. Compulsory Counter
h. Response in a Small Claims Case

Complaint: is the pleading alleging the
plaintiffs cause or causes of action.
The names and residences of the
plaintiff and defendant must be
stated in the complaint.
Complaint must contain:
o Names & residences of the
plaintiff and defendant
o Acts/omissions constituting the
cause/s of action
o Relief prayed for.
o Only ultimate facts and not legal
conclusions or evidentiary facts.
Counterclaim (Sec. 6, R6): Any claim, which
a defending party may have against
an opposing party. It partakes of a
complaint by the defendant against
the plaintiff.
It is in itself a distinct and independent
cause of action and when filed, there are
two simultaneous actions between the
same parties (Pro-Line Sports Center v.
CA)
Not intrinsically a part of the answer
because it is a separate pleading, but
may be included in the answer as a
matter of form. Inclusion does not have
the effect of fusing the 2 separate
pleadings into one.
Not uncommon to denominate these 2
pleadings as: Answer With a
Counterclaim.
Nature of Counterclaim considered a
new suit in which the P is the Defendant,
while the D becomes the plaintiff.
Criteria in Determining Nature of
Counterclaim:
a. Are the issues of fact or law
raised by the claim and the
counterclaim largely the same?
b. Would res judicata bar a
subsequent suit on defendants
claim, absent the compulsory
counterclaim rule?
c. Will substantially the same
evidence support/refute
plaintiffs claims as well as the
defendants counterclaim?
d. Is there any logical relation
between the claim and the
counterclaim?
A positive answer to all= Compulsory
counterclaim
Compulsory Counterclaim: One of 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
claim, and does not require for its
adjudication, the presence of the 3
rd

parties of whom the court cannot
acquire jurisdiction. Such
counterclaim must be within the
jurisdiction of the court as to the amount
or nature thereof, except that in an
original action before the RTC, the
counterclaim may be considered
compulsory regardless of the amount.
Employs the Principle of Recoupment
Permissive Counterclaim: A claim, which
being cognizable by the regular courts of
justice, which DOES NOT arise out of or
is connected with the transaction or
occurrence constituting the subject
matter of the opposing partys claim, and
REQUIRES for its adjudication the
presence of 3
rd
parties of whom the court
can acquire jurisdiction.
Employs the Principle of Set-off
COMPULSORY PERMISSIVE
Arises out of/connected with
transaction or occurrence
constituting subject matter of
opposing partys claim
Does not arise/ not
connected
Barred if not setup in answer or
in amended answer
Not barred even if not setup
in answer
Plaintiff need not answer, will
not be held in default
Plaintiff must answer, may be
held in default
Does not require certification on
forum shopping
Being initiatory, requires
certification, lack of which is
fatal.
Counter-Counterclaim (Sec.9, R6): A claim
by the defending party against the counter-
claimant.
A claim may be asserted against an original
counterclaimant.
Cross-Claim (Sec. 8, R6): 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. Such cross-claims may include a
claim that the party against whom it is
asserted is or may be liable to the cross-
claimant for all or a part of a claim
asserted in the action against the cross-
claimant.
Claims covered: May include a claim that the
party against whom it is asserted to or
may be liable to the cross-claimant for all
or part of a claim asserted against the
cross-claimant.
Counter Cross-claim: Claim by a DEFENDING
PARTY against the original cross-
claimant.
Rules on Bringing New Parties (Sec. 12, R6):
When the presence of parties other than
the original parties is required for the
granting of complete relief in the
determination of a counterclaim or a
cross-claim, the court shall order them to
be brought in as defendants, if
jurisdiction over them can be obtained.
Third/ Fourth Party Complaint (Sec. 11, R6):
A claim that a defending party may, with
leave of court, file against a person not a
party to the action, called the 3
rd
/ 4
th

party defendant, for contribution,
indemnity, subrogation, or any other
relief, in respect of his opponents claim.
o Need not be based on main
claims theory
o No need for legal relationship
between 3
rd
party defendant &
any other party in the action.
Nature: It simply permits the inclusion
of anyone who meets the standard set
forth in the rule.
o Secondary/ derivative liability is
essential, proper only when right
of relief exists under the
applicable substantive law.
o Must not be a part to the action.
If party, then file a Counter or
Cross.
o Must be based upon plaintiffs
claim against defendant.
Crucial characteristic: Defendant is
attempting to transfer liability to a 3
rd

party defendant the liability asserted
against him by original plaintiff.
PLEADINGS ALLOWED UNDER SUMMARY
PROCEDURE:
1. Complaint
2. Compulsory counterclaim pleaded in the
answer
3. Cross-claims pleaded in the answer
Prohibited:
1. Petition for Certiorari, Prohibition, or
Mandamus against any interlocutory
order issued by the court;
2. Reply;
3. 3
rd
Party Complaints;
4. Interventions
PLEADINGS ALLOWED UNDER SMALL
CLAIMS:
1. Statement of Claim
2. Response
3. Permissive Counterclaim
4. Compulsory Counterclaim
Prohibited:
1. Petition for Certiorari, Prohibition, or
Mandamus against any interlocutory
order issued by the court;
2. Reply;
3. 3
rd
Party Complaints;
4. Interventions
PLEADINGS ALLOWED IN ENVIRONMENTAL
CASES:
1. Complaint
2. Compulsory counterclaim pleaded in
answer
3. Answer
Motions Allowed:
1. M for Intervention
2. M for Discovery
3. M for Reconsideration of Judgment
4. M for Postponement of Trial
Petition for Relief from Judgment
- Only allowed in highly meritorious
cases
Prohibited:
1. M to Dismiss the Complaint
2. M for Bill of Particulars
3. M for Extension of Time to File
Pleadings (except if to File Answer-
must not exceed 15 days)
4. M to Declare Defendant in Default
5. Reply and Rejoinder
6. 3
rd
Party Complaint

PLEADINGS NOT ALLOWED IN A PETITION
FOR WRIT OF AMPARO & HABEAS DATA:
1. Counterclaim
2. Cross-claim
3. 3
rd
Party Complaint
4. Reply
5. Pleadings in intervention
PLEADINGS ALLOWED IN INTERPLEADERS
(As to Answers & other Pleadings, Sec. 5, R
62)
1. Counterclaims
2. Cross-claims
3. 3
rd
Party Complaints
4. Responsive Pleadings
Counterclaims and Cross-claims NOT
ALLOWED in Expropriation Proceedings (
Sec. 3 [2], R67)
1. Counterclaims
2. Cross-claims
3. 3
rd
Party Complaint
Complaint-in-Intervention: Pleading filed with
leave of court by a person who has a
legal interest in the matter of litigation,
or against either or all of the original
parties, or is so situated as to be
adversely affected by a distribution or
other disposition of property in the
custody of the court or of an officer
thereof.
Answer (Sec. 4, R6): A pleading in which a
defending party sets forth his defense.
Reply (Sec.10, R6): 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 as to
such new matters.
Effect if party fails to file a reply: All
new matters alleged in the answer are
deemed controverted.
Answer to 3
rd
/4
th
Party Complaint
(Sec.13,R6): A 3
rd
/ 4
th
Party defendant
may allege in his answer the following:
a) His defenses;
b) Counterclaims or;
c) Cross-claims;
d) Defenses that the 3
rd
/ 4
th
party plaintiff
may have against the original plaintiffs
claim. In proper cases, he may also assert
a counterclaim against the original
plaintiff in respect of the latters claim
against the 3
rd
party plaintiff.