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Cause of Action for Unlawful Detainer 1.

Whether the same evidence would support and

sustain both the first and second causes of action
1. Defendant’s initial possession of the property was (same evidecen test)
lawful 2. Whether the defenses in one case may be used to
2. Such possession became illegal upon the plaintiff’s substantiate the complaint in the other
notice to the defendant of the termination of the 3. Whether the cause of action in the second case
latter’s right of possession existed at the time of the filing of the first
3. The defendant remained in possession and complaint
deprived the plaintiff of the enjoyment of the
property Effect of splitting a single cause of action/Remedies:
4. Plaintiff instituted the complaint for ejectment m. “the filing of one or a judgment upon the merits in
within one year from the last demand to vacate any one is available as a ground for the dismissal
the property of the others”
n. The remedy of the defendant is to file a motion to
Action distinguished from Cause of Action dismiss based:
a) Litis Pendencia – if the first action is
ACTION – suit filed in court for the enforcement or pending when the second action is
protection of a right, or the prevention or redress of a filed
wrong b) Res Judicata – if a final judgment had
been rendered and the first action
CAUSE OF ACTION – basis of the action fied when the second action is filed
o. It need not be the second action filed that should
Failure to State a Cause of Action be dismissed.
a. Insufficient of allegation in the pleading
b. May be raised through a motion to dismiss under Doctrine of Anticipatory Breach
Rule 16 p. If the obligor manifests an unqualified and
c. Invoked before the defendant filed a responsive positive refusal to perform a contract, though the
pleading performance of the same is not yet due, and the
d. Dismissal is without prejudice to refiling of an renunciation goes to the whole contract, it may
amended complaint treated as a complete breach, which will entitle
the injured party to bring his action at once.
Lack of Cause of Action
e. Insufficiency of the factual basis for the action Joinder of causes of action
f. It applies in a situation where the evidence failed q. is the assertion of as many causes of action as a
to prove the cause of action alleged in the party may have against another in one pleading
pleading. alone
g. It is a ground for dismissal, using a demurrer to r. it is the process of uniting two or more demands
evidence under Rule 33, after the plaintiff has or rights of action in one action
completed presented his evidence s. Remedy in case of misjoinder of actions: The
h. The dismissal constitutes res judicata on the issue erroneously joined cause of action can be severed
and will bar future suits based on the same cause and proceeded with separately upon motion by a
of action party or upon the court’s own initiative.
t. Misjoinder is not a ground for dismissal of an
Splitting a Cause of Action action.
i. is the act of instituting two or more suits on the
basis of the same cause of action PARTIES
j. The pleader divides a single of action, claim or
demand into two or more parts and brings a suit Parties to a Civil Action:
for each part. 1. Plaintiff – is the claiming party and is the one who
k. This is expressly prohibited by the Rules of Court files the complaint. The term “plaintiff” may also
because it breeds multiplicity of suits, clogs the apply to a defendant who files a counterclaim,
court dockets, leads to vexatious litigation, cross-claim or a third-party complaint.
operates as an instrument of harassment and 2. Defendant – is the defending party and may also
generates unnecessary expenses to the parties. refer to a defendant in a counterclaim, the cross-
l. This rule also applies to counterclaims and cross- defendant or the third-party defendant.
Who may be parties?
Three tests to ascertain whether Two Suits relate to a 1) Natural persons
Single or Common Cause of Action: 2) Juridical persons
3) Entities authorized by law
a. Corporation by estoppel
b. A contract of partnership which fails to Suit by an agent
comply with the registration requirements is - When an agent acts in his own name and for the
liable as a partnership to third person benefit of an undisclosed principal, he may sue or
c. Estate of a deceased person be sued without joining the principal.
d. Legitimate labor organizations - The principal however, should be joined when the
e. Roman Catholic Church contract involves things belonging to the principal
f. A dissolved corporation may prosecute and
defend suits provided that (i) the suits occur Indispensable Parties
within 3 years after its dissolution and (ii) the - An indispensable party is a real party-in-interest
suits are in connection with the settlement without whom no final determination can be had
and closure of its affairs of an action.
- Without the presence of this party the judgment of
*Also includes: must have a 4) legal capacity to sue and a court cannot attain real finality.
must be a 5) real party-in-interest - The joinder of indispensable parties is mandatory
and courts cannot proceed without their presence.
Real Party-in-interest
- is the party who stands to be benefited or injured Dismissal for failure to implead an indispensable party
by the judgments in the suit or the party entitled - The non-joinder of indispensable parties is not a
to the avails of the suit ground for the dismissal of an action. At any stage
- the interest must be material and direct of a judicial proceeding and/or at such times as
are just, parties may be added on the motion of a
Doctrine of Locus Standi party or on the initiative of the tribunal
- or legal standing refers to a personal and concerned.
substantial interest in a case such - If the plaintiff refuses to implead an indispensable
- is defined as a right of appearance in a court of party despite the order of the court, that court
justice on a given question. In private suits, may dismiss the complaint for the plaintiffs failure
standing is governed by the “real-parties-in to comply with the order. The remedy is to
interest” implead the non-party claimed to be
Classification of Parties in Interest:
Necessary Parties
1. Indispensable Parties – Those without whom no - is one who is not indispensable but who ought to
final determination can be had of an action be joined as a party if complete relief is to be
2. Necessary Parties – is one who is not accorded as to those already parties, or for a
indispensable but who ought to be joined as a complete determination or settlement of the claim
party if complete relief is to be accorded as to subject of the action
those already parties, or for a complete
determination or settlement of the claim subject Distinction between Indispensable Parties and Necessary
of the action Parties
3. Representative Parties – May be a trustee of an
express trust, a guardian, an executor or - An indispensable party must be joined under any
administrator, or a party authorized by law or by and all conditions while a necessary party should
the Rules be joined whenever possible
4. Pro forma Parties – Those whore are required to - A final decree can be had in a case even without a
be joined as co-parties in suits by or against necessary party because his interests are
another party as may be provided by, the separable from the interest litigated in the case
applicable substantive law or procedural rule
5. Quasi Parties – Those in whose behalf a class or Duty of pleader if a necessary party is not joined; effect
representative suit is brought - Whenever in any pleading in which a claim is
asserted, a necessary party is not joined, the
Representative Parties pleader shall set forth the name of the necessary
- Some actions may be allowed to be prosecuted or party, if his name is known, and shall state why
defended by a representative or someone acting in such party is omitted
a fiduciary capacity like a trustee of an express
trust, a guardian, an executor or administrator, or When court may order joinder of a necessary party
a party authorized by law or by the Rules. - If the reason given for the non-joinder of the
- the beneficiary shall be included in the title of the necessary party is found by the court to be
case and shall be deemed to be the real party- in- unmeritorious, it may order the pleader to join the
interest omitted party if jurisdiction over his person may
be obtained
- This duty is mandatory and failure to comply with
Effect of failure to comply with the order of the court this duty is a ground for disciplinary action.
- The failure to comply with the order of the court
to include a necessary party, without justifiable Examples of actions which survive the death of a party:
cause, shall be deemed a waiver of the claim a. Actions to recover real and personal property
against such party from the estate
b. Actions to enforce alien thereon; and
Effect of a justified non-inclusion of a necessary party c. Actions to recover damages for an injury to person
- The non-inclusion of a necessary party does not or property
prevent the court from proceeding in the action, d. Action to recover damages arising from delicts
and the judgment rendered therein shall be also survive
without prejudice to the rights of such necessary e. Actions based on the tortious conduct of the
party defendant survive the death of the latter
f. Action for quieting of title with damages is an
Unwilling Co-Plaintiff action involving real property. It survives and the
- An unwilling co-plaintiff is a party who is claim is not extinguished by the death of a party
supposed to be a plaintiff but whose consent to be g. An ejectment case survives the death of a party
joined as a plaintiff cannot be obtained as when he h. Actions for the recovery of money, arising from a
refuses to be a party to the action. contract express or implied are not extinguished
- Under Sec. 10 of Rule 3, said unwilling co-plaintiff: by the death of the defendant
a. may be made a defendant, and
b. the reason therefor shall be stated in the Class suit
complaint - A class suit is an action where one or more may
sue for the benefit of all if the requisites for said
Alternative defendants action are complied with.
- Where the plaintiff cannot definitely identify who
among two or more persons should be impleaded Requisites of a Class Suit:
as a defendant, he may join all of them as 1. The subject matter of the controversy must be of
defendants in the alternative. common or general interest to many persons
2. The persons are so numerous that it is
Misjoinder and Non-joinder of Parties impracticable to join all as parties
- A party is misjoined when he is made a party to the 3. The parties actually before the court are
action although he should not be impleaded. sufficiently numerous and representative as to
- A party is not joined when he is supposed to be fully protect the interests of all concerned; and
joined but is not impleaded in the action. 4. The representatives sue or defend for the benefit
- Under the Rules neither misjoinder nor non- of all
joinder of parties is a ground for the dismissal of
an action. CHAPTER 4: Pleadings and Motions

Unknown identity or name of the defendant Pleadings

- He may be sued as the unknown owner heir, - written statements of the respective claims and
devisee, or by such other designation as the case defenses of the parties submitted to the court for
may require. appropriate judgment
- When his identity or true name is discovered, the - cannot be oral because they are clearly described
pleading must be amended accordingly. as “written” statements.
- the allegations made by the parties to an action or
Effect of death of a party on the attorney-ciient proceeding for the purpose of presenting the issue
relationship to be tried and determined, whether such issue is
- The death of the client extinguishes the attorney- of law or of fact
ciient relationship and divests a counsel of his - formal statements by the parties of the operative
authority to represent the client. facts which constitute their respective claims and
Duty of counsel upon the death of his client
- Whenever a party to a pending action dies, it is the Pleadings allowed by the Rules of Court:
duty of the counsel of the deceased party to 1. complaint
inform the court of such fact within thirty (30) 2. answer
days after such death. 3. counterclaim
- The counsel has also the obligation to give the 4. crossclaim
name and address of the legal representative of 5. third (fourth, etc.)-party complaint
the deceased. 6. complaint- in-intervention
7. reply
Variance between Caption and Allegations in the Pleading - The court however, is authorized to allow the
- It is not the caption of the pleading but the pleader to correct the deficiency if the pleader
allegations therein which determine the nature of shows to the satisfaction of the court, that the
the action and the court shall grant relief failure to sign the pleading was due to mere
warranted by the allegations and proof even if no inadvertence and not to delay the proceedings.
such relief is prayed for.
Significance of the signature of counsel
Parts of a Pleading - His signature constitutes a certificate by him that
a. he has read the pleading,
Caption of the pleading: b. that to the best of his knowledge,
1. the name of the court information and belief there is good
2. the title of the action ground to support it, and
3. the docket number, if assigned c. that it is not interposed for delay

Title of the action Verification in a pleading

- contains the names of the parties whose - Pleadings need not be under oath, verified or
participation in the case shall be indicated accompanied by affidavit, except when so
required by law or a rule.
Body of the pleading - The verification requirement is significant, as it is
- sets forth its designation, the allegations of the intended to secure an assurance that the
party’s claims or defenses, the relief prayed for, allegations in a pleading are true and correct and
and the date of the pleading not the product of the imagination or a matter of
speculation, and that the pleading is filed in good
Headings; designation of causes of actions joined in one faith.
complaint - A pleading required to be verified but lacks the
- When two or more causes of action are joined, the proper verification shall be treated as an unsigned
first cause of action shall be prefaced with the pleading.
words, “first cause of action,” or second cause of
action.” How is a pleading verified
- A pleading is verified by an affidavit.
Allegations of ultimate facts - This affidavit declares that:
- The rule requires that a pleading should contain a. the has read the pleading,
only allegations of “ultimate facts,” i.e., the facts b. that the allegations therein are true and
essential to a party’s cause of action or defense or correct of his personal knowledge or
such facts as are so essential that they cannot be based on authentic records
stricken out without leaving the statement of the
cause of action inadequate Certification against forum shopping
Relief - The certification against forum shopping applies
- The complaint must contain a statement of the to the complaint and other initiatory pleadings
relief sought from the court and to which he asserting a claim for relief.
believes he is entitled. - The certification against forum shopping is a
- The rule requires that the pleading shall specify sworn statement in which the plaintiff or principal
the relief sought although the statement may party certifies in a complaint or initiatory pleading
include a “general prayer for such further or other to the following matters:
relief as may be deemed just or equitable.” 1. that he has not commenced any action or filed any
claim involving the same issues in any court,
Signature and address tribunal, or quasi-judicial agency and, to the best
- Every pleading must be signed by the plaintiff or of his knowledge, no such other action or claim is
counsel representing him stating in either case his pending therein;
address. This address should not be a post office 2. that if there is such other pending action or claim,
box. a complete statement of the present status
- In the absence of a proper notice to the court of a thereof; and
change of address, service upon the parties must 3. that if he should therefore learn that the same or
be made at the last address of their counsel of similar action or claim has been filed or is
record. pending, he shall report that fact within five (5)
- A signed pleading is one that is signed either by days therefrom to the court wherein his aforesaid
the party himself or his counsel. complaint or initiatory pleading has been filed

Effect on an Unsigned Pleading Forum Shopping

- “an unsigned pleading produces no legal effect.” - There is forum shopping “when a party
repetitively avails of several judicial remedies in
different courts, simultaneously or successively, Effect of willful and deliberate forum shopping
all substantially founded on the same transactions - summary dismissal
and the same essential facts and circumstances, - dismissal with prejudice constitute direct
and all raising substantially the same issues either contempt, as well as cause for administrative
pending in or already resolved adversely by some sanctions
other court. Effect of submission of a false certification
- indirect contempt of court without prejudice to
the corresponding administrative and criminal
Three ways of committing forum shopping: sanctions
1. filing multiple cases based on the same cause of Effect of non-compliance with the undertakings
action and with the same prayer, the previous - shall constitute indirect contempt of court without
case not having been resolved yet (where the prejudice to the corresponding sanctions
ground for dismissal is litis pendentia)',
2. filing multiple cases based on the same cause of
action and the same prayer, the previous case Allegations in the Pleading
having been finally resolved (where the ground - The pleading asserting the claim or the cause of
for dismissal is res judicata); and action must contain only the ultimate facts.
3. filing multiple cases based on the same cause of - “Ultimate facts” refer to the essential facts of the
action, but with different prayers (splitting of claim. A fact is essential if it cannot be stricken out
causes of action, where the ground for dismissal is without leaving the statement of the cause of
also either litis pendentia or res judicata) action inadequate.
- Evidentiary facts must be omitted.
Who executes the certification against forum shopping - The same should not contain mere conclusions,
- It is the plaintiff or principal party who executes whether of fact or law, because conclusions are
the certification under oath. not facts.
- The certification must be executed by the party,
not the attorney. Conditions Precedent
- It is the petitioner and not the counsel who is in - matters which must be complied with before a
the best position to know whether he or it actually cause of action arises.
filed or caused the filing of a petition. - example: exhaustion of administrative remedies is
- A certification signed by counsel is a defective required in certain cases before resorting to
certification and is a valid cause for dismissal. judicial action
- failure to comply is an independent ground for a
Effects of non-compliance with the rule on certification motion to dismiss
against forum shopping Pleading alternative causes of actions or defences
- The failure to comply with the required - a party may set forth two or more statements of a
certification is “not curable by a mere claim or defense, alternatively or hypothetically,
amendment” and shall be a cause for the dismissal either in one cause of action or defense or in
of the action. separate causes of action or defenses.
- Dismissal is without prejudice to the refilling of - Same rule also authorizes suing two or more
the complaint defendants in the alternative
- The failure to submit a certification against forum - “When two or more statements are made in the
shopping is a ground for dismissal, separate and alternative and one of them if made independently
distinct from forum shopping as a ground for would be sufficient, the pleading is not made
dismissal. insufficient by the insufficiency of one or more of
the alternative statements”
Exceptions to the effects of non-compliance
- “generally not curable by its subsequent Pleading actionable documents
submission or correction thereof, unless there is a - A substantial number of cases reaching the courts
need to relax the Rule on the ground of show that the plaintiff’s cause of action or the
“substantial compliance” or there is the presence defendant’s defense is based upon a written
of “special circumstances or compelling reasons.” instrument or a document.
No appeal from an order of dismissal - The document used in such cases is what is
- This is because an order dismissing an action commonly termed an “actionable document which
without prejudice is not appealable. in current usage is referred to as the document
- The remedy provided for under Sec. 1 of Rule 41 is relied upon by either the plaintiff and the
to avail of the appropriate special civil action defendant as when the plaintiff sues on a written
under Rule 65, petition for certiorari. contract of lease.

How to contest an actionable document; oath required

- The party who has no intent of admitting the sworn copy of the notice given by the postmaster
genuineness and due execution of the document, to the addressee.
must contest the same by :
1. specifically denying the genuineness and due
execution of the document under oath; Kinds of Pleadings
2. setting forth what he claims to be the facts
When an oath is not required: - The complaint is the pleading alleging the
1. When the adverse party does not appear to be a plaintiffs cause or causes of action.
party to the instrument, or
2. When compliance with an order for an inspection Answer
of the original instrument is refused - is a pleading in which a defending party sets forth
his defences
Meaning of ‘filing’ - This pleading may be an answer to the complaint,
- Filing is the act of presenting the pleading or other an answer to a counterclaim or an answer to a
papers to the clerk of court cross-claim.
- There is no answer to a reply but there could be
Meaning of ‘service’ an answer to a third- party complaint or
- Service is the act of providing a party with a copy complaint-in-intervention.
of the pleading or paper concerned
Negative Defense
Upon whom service shall be made - when the material averments alleged in the
- IIf a party has not appeared by counsel, then pleading of the claimant are specifically denied
service must be made upon him. - is the specific denial of the material fact or facts
- If a party has appeared by counsel, then service alleged in the pleading of the claimant essential to
upon said party shall be made upon his counsel or his cause of action or defense
one of them, unless service upon the party himself
is ordered by the court Kinds of specific denials:
- Service upon the parties’ counsels of record is 1. Absolute Denial - The defendant specifies each
tantamount to service upon the parties material allegation of fact the truth of which he
themselves, but service upon the parties does not admit and, whenever practicable, sets
themselves is not considered service upon their forth the substance of the matters upon which he
lawyers relies to support his denial.
2. Partial Denial - he denies only a part of the
There are two modes of filing: averment.
1. by presenting the original copy of the pleading, 3. Denial by disvowal of knowledge – “is without
notice, appearance, motion, order or judgment knowledge or information sufficient to form a
personally to the clerk of court; or belief as to the truth of a material averment made
2. by registered mail - the date of mailing as shown in the complaint.
by the post office stamp on the envelope or
registry receipt shall be considered as the date of Negative Pregnant
filing, payment or deposit in court - It is a negative implying also an affirmative and
which although is stated in a negative form really
How to prove service: admits the allegations to which it relates.
1. Proof of personal service shall consist of the
written admission of the party served. It may also Affirmative Defense
be proven by the official return of the server, or - when it alleges new matters which, while
the affidavit of the party serving, containing full hypothetically admitting the allegations of the
information of the date, place and manner of pleading of the claimant, would nevertheless,
service. prevent or bar recovery by the claiming party
2. If the service is by ordinary mail, proof thereof
shall consist of the affidavit of the person mailing Default
of the facts showing compliance with Sec. 7 of Rule - Default is a procedural concept that occurs when
13. the defending party fails to file his answer within
3. Service is by registered mail, the proof shall the reglementary period
consist of such affidavit of the person mailing and
the registry receipt issued by the mailing office. Requisites before a Defending Party may be Declared in
The registry return card is to be filed immediately Default:
upon its receipt by the sender, or in lieu thereof 1. There must be a motion to declare the defending
the unclaimed letter together with the certified or party in default filed by the claiming party;
2. Summons has been validly and previously served - It partakes of a complaint by the defendant
upon him against the plaintiff.
3. The defending party must have failed to file his - It is a pleading and has an independent cause of
answer within the reglementary period or within action.
the period fixed by the court;
4. There must be proof of the failure to file the A compulsory counterclaim is one that:
answer; 1. arises out of (or is necessarily connected with) the
5. The defending party must be notified of the transaction or occurrence that is the subject
motion to declare him in default matter of the opposing party’s claim;
6. There must be a hearing set for the motion to 2. falls within the jurisdiction of the court and
declare the defendant in default. 3. does not require for its adjudication the presence
of third parties over whom the court cannot
Failure to file response under the Rule of Procedure for acquire jurisdiction,
Small Claims Case
- motion to declare the defendant in default is a Otherwise, a counterclaim is merely permissive.
prohibited motion under the Rule of Procedure for Permissive counterclaim is when there is the absence of a
Small Claims Cases logical connection with the subject matter of the
- Should the defendant fail to file his response complaint.
within the required period, and likewise fail to
appear at the date set for hearing, the court shall Distinctions between a compulsory and a permissive
render judgment on the same day as warranted by counterclaim
the facts.
- Should the defendant fail to file his response
within the required period but appears at the date
set for hearing, the court shall ascertain what
defense he has to offer and proceed to hear,
mediate or adjudicate the case on the same day as
if a Response has been filed.

Effect of a declaration/order of default

- The party declared in default loses his standing in
court. The loss of such standing prevents him from
taking part in the trial.

Remedies of a defending party declared in default:

1. Remedy after notice of order and before judgment
— A party declared in default may, at any time
after notice thereof and before judgment, file a
motion under oath to set aside the order of default
and properly show that
a. the failure to answer was due to fraud,
accident, mistake, or excusable negligence
(FAMEN), and
b. he has a meritorious defense, i.e., there
must be an affidavit of merit
2. Remedy after judgment and before judgment
becomes final and executory — If the judgment
has already been rendered when the defendant
discovered the default, but before the same has
become final and executory, he may file a Motion
for New Trial under Rule 37. He may also appeal
from the judgment as being contrary to the
evidence or the law.
3. Remedy after the judgment becomes final and
executory— The defendant may file a petition for
relief from judgment under Rule 38.

- Is any claim, which a defending party may have
against an opposing party