Professional Documents
Culture Documents
When you say venue, it refers to the place, right? The place of So, if the parties have agreed that the venue shall be on that
what? place, then it can only be filed on that place?
It refers to the place of trial. Yes, if there are restrictive or qualifying words
What is a venue for a Civil Action? Not necessarily where the plaintiff or defendant resides?
When subject matter is real property, what is the venue of an So, it should be in that place? Even if that agreement as to venue
action? did not contain an exclusive clause?
The venue is the proper court which has jurisdiction over the No, there has to restrictive or qualifying words, dean.
place where the real property is located.
Can the agreement as to venue be disregarded by the court?
What about if it is a personal action, what is the venue?
Yes. In cases of contracts of adhesion.
If it is a personal action, the venue is the residence of the plaintiff
or defendant, at the option of the plaintiff. For corporation, If the parties have agreed or there is a contract between the
residence is its main/head office. parties and if the contract states that the venue shall be on that
place, can the Court disregard that?
The venue will be determined from what is stated in the
complaint? Yes, dean.
No. If it is personal, it is at the residence of the plaintiff or When can the court disregard that agreement?
defendant at the option of the plaintiff. If it is real, it is at the In a case of contract of adhesion, dean.
proper court which has jurisdiction over the place where the real
property is located. And what is a contract of adhesion?
Versoza It is a contract prepared by one of the parties and the other party
is forced to agree to it.
Can you sue a non-resident defendant?
Yes.
When can you sue a defendant who is no longer found in the In court.
Philippines? When can you sue a non-resident defendant?
What are the different kinds of pleadings that you can file in
When the action affects the personal status of the plaintiff, or any court?
property of the defendant locate in the Philippines.
A complaint, answer, counterclaim, crossclaim, reply, 3rd party
complaint, complaint-in-intervention
MIKAY
What is a complaint? answer? Will it mean waiver of his right to recover from the
plaintiff?
It states the causes of action on the part of the
complainant/plaintiff. It depends, dean.
What should you allege in the complaint? If it is a compulsory counterclaim, failure to allege a counterclaim
which is necessarily connected to the plaintiff’s claim, is deemed
The four elements of the causes of action, dean. (ROVD) as waiver of the right to recover from the plaintiff.
The right of the plaintiff, the obligation of the defendant to If it is not necessarily connected, then such failure can’t be
respect such right, Violation of the defendant of such right, and considered as a waiver because, such counter claim can still be
damage caused to the plaintiff. filed in an independent action.
What is an answer? For example, you filed a case against me for damages, you are
It is a pleading by which the defending party sets forth his asking for 500K damages, and then when I answered I said, okay.
defenses. But you also borrowed money from me last year you forgot about
it. It’s also 500K, you failed to pay that.
What are the defences that the defendant can set up against a
complaint? Can I set that up as a counterclaim against your claim for
damages against me?
It may be either negative or affirmative defense.
Yes, as a permissive counterclaim.
What is an affirmative defense?
When the CC is directly connected to the subject matter of the
It is an admission of material averments but it sets up a defense complaint, what kind of CC is that?
that bars the plaintiff from recovery.
Compulsory Counterclaim.
Now you said that an affirmative defense is one where the
defendant admits the allegations of the complaint but it will What then is a permissive counterclaim?
prevent the plaintiff from recovering his claim from the A permissive counterclaim is one where the CC is not directly
defendant. Now, what are the defences that will prevent the connected to the claim of the plaintiff.
plaintiff from recovering and will serve as an affirmative
defense? Can I set up a permissive counterclaim against the claim of the
plaintiff?
The defenses are:
Yes.
1. Prescription
2. Statute of Frauds What is the effect if I failed to set up a compulsory CC?
3. Illegality
4. Estoppel, Release, Payment You are now barred from recovering such counterclaim from the
plaintiff.
For example, you filed a case against me because your car and my
Ramirez car collided and you were the first to file a case against me for
damages. Then in my answer, I said, it is not my fault. It is your
What is a counter-claim? fault. Then during the trial of the case, I was able to prove that it
It is a claim of the defending party against the plaintiff. was really your fault. So, the Court dismissed the case that you
filed against me.
Could the defendant make any claim against the plaintiff as a
counterclaim Now, after the Court has dismissed the case, I said, now I will file
a case against you for damages. Can I do that?
Yes.
No. Because it is a compulsory CC, hence, if you failed to set that
Is the counter-claim of the defendant necessarily needs to be up, then such CC is considered waived.
connected to the claim of the plaintiff?
What is a reply?
What happens if you failed to specifically deny the material
A reply is the plaintiff’s answer to the defendant’s answer averments of the complaint?
The plaintiff, atty. As an answer to the defendant’s answer. Is that true all the time? No exceptions?
No. A reply is a response of the plaintiff to the defense set up by What happens if I denied the allegations in the complaint based
the defendant in his answer. on sufficient knowledge.. ????
Do you have to answer my counterclaim? When is specific denial not enough if it is not under oath?
Yes.
No.
Except when:
What happens if you did not answer the CC? Is it the same as not
filing a reply?
No. because when you don’t answer a counterclaim, then you are
deemed to have admitted such claims.
However, if you did not file a reply, all matters are deemed
controverted