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FORM Baguio City, 23 August 2016 Place and Date when the complaint

Leave it Blank was made

PARTS OF A COMPLAINT Office of the Clerk of Court
1. HEADING shall fill it in- raffles the case Atty. Lawyer’s Name
Republic of the Philippines This is because if it is a multi- Counsel for the Plaintiff or
sala court, there are many The lawfirm is the lawyer of
First Judicial Region branches the plaintiff
Regional Trial Court If single sala, no need to leave ABC Legal Eagle
Branch __ it blank By name of lawyer/ Counsel for the plaintiff
Baguio City #1 Session Road, Baguio City
PTR # including date of issue place of issue
2. TITLE IBP # including date of issue place of issue
Docket Number: Lifetime Member
To be filled by the Office
of the Clerk of Court MCLE court may refuse to accept if none
If Corporation,
ABC, Roll No.
ABC Corporation
Represented by Plaintiff Civil Case No.
_____________ (For vs 2016-CV-4000  No signature produces NO legal effect
it can only act through a DEF, For:
natural person)
Defendant Damages Verification
x----------------------------------------------------------------------------x Certificate of Non- Forum Shopping must be signed by the plaintiff
put the complete name of the defendant such Means  Both are sworn statements
that they will easily be recognized as defendants nothing That plaintiff caused the preparation of the pleading and that he
read all the allegations
a. You have not filed a similar case involving the same parties
b. There is no pending case and if there is, indicate status
3. BODY c. If there is a case filed, inform the court 5 days from knowledge.
Comes now the plaintiff, unto this honorable Court and  If there are several plaintiffs, all should sign
respectfully manifest that: However, this rule was relaxed. In the case of Alonzo vs DAR the
1. SC upheld the validity of the CNFS even if only 1 spouse has
Personal Circumstances of the plaintiff and defendant
Indicate address of defendant, to know where the signed. There is a common interest between them.
2. summons shall be served (usually 1st pargraph)
The rules of court mandate that the paragraphs are  The lawyer cannot sign a certificate of non- forum shopping
numbered separately for easy reference
3.  Material facts should be clear concise statements
Effect of absence of VERIFICATION:
chronologically or sequentially arranged as they
happened  not fatal as it can be cured by amendment
 it does not affect the jurisdiction of the court
PRAYER Effect of absence of CNFS (mandatory but NOT jurisdictional)
Wherefore, it is specifically prayed that prayer  cannot be cured by amendment
 the case can be dismissed
Other reliefs just and equitable  general prayer The Court shall conduct a hearing to inquire as to its absence
- if the court is convinced, it can require the submission If the EJ is convinced, - litigation as indigent
of a late CNFS litigant in the meantime
- if the court is NOT convinced, the case will be dismissed And if the judgment will be in favor of the indigent,
without prejudice (the case can be filed again, pay another docket fees shall be satisfied through the damages awarded
docket fee)  Client of PAO
- SC allows them to be litigated for free, PAO has test of
indigency before it accepts clients
1. File the complaint in court 3. Office of the Executive Judge conducts raffle
1 copy for the court 4. If anchored on lack of jurisdiction
1 personal - Outright dismissal without prejudice (absolute)
1 for each defendant If prescription
2. Pay docket fees – mandatory and jurisdictional Dismiss if the material dates showing prescription
o if no payment, court never acquires jurisdiction are apparent on the face of the complaint.
a. Incapable of Pecuniary Estimation
- there is a specific or fixed amount The Court acquires jurisdiction over the person of the defendant through
b. Capable of Pecuniary Estimation the service of “SUMMONS (writ) ”
- Based on the amount of claim  When defendant is required to submit an answer within 15 days
- The Supreme Court said that in monetary claims, the  Directs defendant to answer
claim should be CLEARLY SPECIFIED in the prayer. In not,  Attached to the summons
the Court will not accept the case  Served by the sheriff
- If claim for damages is only incidental to the cause of
action, pay docket fee for the MAIN CAUSE  There is voluntary surrender when defendant answers even
e.g. without summons
assessed for specific performance  IF the summon is not properly served, it could be a ground
amendment: +damages for dismissal
can be assessed
 There can be partial payment provided that the MODES OF SERVICE OF SUMMONS
entire amount is paid before the action prescribes 1. Personal Service
Indigent Litigant / Pauper (beggar) Litigant  Priority mode- 1st mode always to be applied
How to apply: File for a motion to be treated as an indigent litigant  All efforts must be exhausted to effect personal service
Go to executive judge and prove indigency  Giving of a copy to the defendant and the defendant alone
Attach certificate of indigency; or “Tender” physical gesture of giving
Certificate from assessor’s office (no property); or
Certificate from treasurer’s office (no tax);or The Sheriff shall make a RETURN after service or even if he was not
Cert from BIR (tax exemption) able to serve it to:
The Executive Judge call for hearing a. The court
b. The plaintiff’s counsel- to know when to reckon the 15 day Once a week for three (3) consecutive weeks
period  The defendant should answer within 60 days from last
e.g publication.
September 13 – receipt of summon  In default- no answer but technically was not served
September 28 – due date 4. Extraterritorial Service
 Wherever defendant may be located, the Sheriff must serve the - Outside of Philippine jurisdiction
summon within a reasonable period of time (it depends on the - Applies to non-resident defendants
circumstances of the case) a. Those that affects the personal status of the plaintiff
 E.g. annulment of marriage
b. Those that affect the properties of the defendant in the Philippines
2. Substituted Service  Attach property of defendant
 If used immediately without personal service, the service shall  For the court to acquire jurisdiction over the res (attach
be defective since there is an invalid service of summon property of defendant)
 The sheriff must first outline all circumstances to serve personal
May be served: How?
 at home Registered mail to last known address of the defendant
- to a person of sufficient age and discretion residing  Leave of Court is required
 office / place of business o Personal
- to a competent person (should be made aware of the o Publication
consequences of a summon) in charge of the office - Once a week, 3 consecutive weeks
- Defendant has 60 days to answer
3. Constructive Service
 For compliance with due process Reminders:
 Must be with leave of court 1. Wife abroad is the defendant, the summon cannot be served to the
 JOHN DOE defendants (possible) husband in the Philippines.
 It applies to any kind of action, real or personal 2. The defendant is temporarily abroad
 Unidentified defendant - The sheriff must just wait for the defendant to
 Whereabouts of defendant is unknown personally serve the summon, extraterritorial service
 Resident defendant (Republic of the Philippines) should not be used
 Motion of Leave of Court to serve summon - Except if the defendant is a contractual worker-
How? By publication considered as a non-resident defendant
- Newspaper of general circulation where defendant last 3. Corporation- defendant
resided or at the discretion of the court The summon must be served to (EXCLUSIVE LIST):
- The newspaper must be accredited by the court a. President of the Corporation
What to publish? b. General Partner
Summon and complaint c. Managing Partner
d. Corporate Secretary  By leaving the pleading with the Clerk of Court
e. Treasurer  There must be a written explanation
f. In- house counsel (employed by the corporation, not the
retainer) Pleading vs Motion
4. If the defendant is a foreign corporation- serve to the resident agent PLEADING MOTION
Same format, both asking for relief
 Requires that anything filed in court must be served to the adverse a. Litigated Motion
party (TO THE LAWYER)  Affects the rights of the adverse
 Service to counsel is service to client but service to client is NOT party
 There must be a hearing
service to cpunsel
 There must be a NOTICE OF
Except: Complaint- the Court does it as it issues summons HEARING addressed to the adverse
party (not to the Clerk of Court)
MOVANT- the party who files for a
FILING OF PLEADINGS Specifically named in the rules motion and sets it for hearing
=> if addressed to another/ to a wrong
- Bringing it to court More detailed person- IGNORED by the court
e.g. complaint, answer, counterclaim e.g. motion to dismiss
Which comes first, filing of pleading or service of pleading? Please set this motion for hearing on Friday,
SERVICE OF PLEADING 23 September 2016 at 2pm(time for motions)
Friday afternoon- time and day for motion
 Because when you file, you must also present proof of service
 So as not to interfere with trials
b. Non- Litigated Motion
MODES OF SERVICE OF PLEADING  Can be acted ex-parte
1. Personal  Notice to the clerk of court
 Given to the adverse party’s lawyer e.g. Motion to postphone
 If the lawyer is not around, it can be served to:
a. Competent person in-charge; or The Notice of Hearing shall comply with
b. Person of sufficient age and discretion still personal service  3-day notice rule
 Priority mode - Adverse party should receive a copy of the motion at least 3
2. Registered Mail days before the date of hearing
 the date of mailing is the date of filing - To give the adverse party sufficient time to prepare for the
If not post office (LBC, Air21m 2go, etc) hearing.
- date of receipt is the date of filing
 If this mode is resorted to before personal service:  10-day hearing rule
a. a written explanation must be provided; - You should set the hearing of the motion within 10 days from
b. absence of written explation shall consider the pleading as the filing of the motion
not filed - To prevent delay
Purpose: to avoid delay
3. Substituted
Effect of non-compliance with the 3-day notice rule and 10-day  Remedy: The order declaring him in default must be lifted.
hearing rule:
The motion will be considered as a mere scrap of paper Possible effect if defendant is declared in default
 The Court cannot motu propio declare defendant in default a. Complaint is submitted for decision
because every litigant is entitled to the cold neutrality of an - If the Court believes that the evidence is sufficient to
impartial judge warrant judgment
If there is no answer filed, plaintiff may file (based on the return of  However, the Court cannot award damages except
the sheriff- to know when the 15-day period should be counted) Liquidated damages (already stipulated in the
 Motion to declare Defendant in default contract between the parties)
- (NON-LITIGATED)  Allegations in the complaint are not sufficient proof to award
- However, there must still be a notice of hearing. damages
 What if defendant you want to declare in default had been b. Plaintiff may present evidence ex-parte
summoned through publication?  Must be directed to the clerk of Court
- Publish again, once is enough
 To regain his standing, the defendant must file his motion to lift
 Whenever any legal notice is published, affidavit of publication of order of default (litigated motion- plaintiff will be affected), on the
the publisher including the clippings of the newspaper must be following GROUNDS (FAME):
presented as proofs A. Fraud
o To ensure that publisher has been paid - Extrinsic, it has nothing to do with the proceedings of
the Court
The defendant may: B. Accident
1. Not File an answer C. Mistake
2. File a motion to dismiss D. Excusable negligence
3. File a motion for bill of particulars  AFFIDAVIT OF MERITS
4. File an answer - Attached to the motion to lift order of default
- It is a sworn state of whoever alleges FAME
I. The defendant may NOT FILE AN ANSWER - Allege that there is a meritorious defense
1. Plaintiff may file a motion to declare defendant in default (NON-  Non-compliance with the affidavit of merits- the motion will be
LITIGATED) treated as a mere scrap of paper
- The court cannot motu propio declare defendant in
default  If the motion to lift order of default is granted, the Defendant
- Every party is entitled to the cold neutrality of a partial regains his standing in Court, he must already file his answer
judge  If motion to lift order of default is denied, D may file a petition for
2. Notice of Hearing certiorari under Rule 65
3. Court issues an order declaring the defendant in default
 The defendant loses his standing in court II. The defendant may FILE A MOTION TO DISMISS (LITIGATED
e.g. He may no longer file a motion to dismiss even if he has a good MOTION) – Rule 15, Sec 1 A-J of the Rules of Court
case A. Lack of Jurisdiction over the subject matter
Non-waivable- It can be raised at any stage of the proceeding even 21- age of emancipation
for the first time on appeal 18- age of majority
Exceptions:  For corporations, allege that it is duly organized under
1. Estoppel; existing laws to show capacity to sue
2. Laches- unreasonable delay in the enforcement of one’s rights i. MINORITY
B. Lack of jurisdiction over the person of the defendant - must be assisted by parents/ guardians
Waivable- ii. INSANITY
How? E. Failure to State a Cause of Action
a. through voluntary appearance, Waivable
b. seeks relief from the Court  it is not the same as Lack of Cause of Action
 as to form or as appearing on the face of the complaint
 Happens when there is improper service of summons/ no service of o the way the complaint is expressed
summon o cause of action is not clearly stated in the complaint

What if, aside from lack of jurisdiction over the person the defendant, there e.g.
are other grounds to dismiss? Is it a waiver of his right to question the The plaintiff came upon this parcel of idle land so he started improving the land, he
started planting, he started to build a swimming pool and nobody complained. After all
jurisdiction of the Court? (because he is asking for relief from such court) these improvements, here comes the defendant saying he owns the land. Plaintiff wants
No. to be declared as owner of the land because he owns all the improvements.
OMNIBUS MOTION RULE Defendant files a motion to dismiss on the ground of failure to state a cause of
If you file a motion to dismiss, you should include any and action. Grant or deny
all grounds available. Otherwise, you are deemed to have waived Test (how to know if there is failure to state a cause of action)
the waivable grounds. - if you believe all allegations to be true, would you be able to
C. Improper Venue render a valid judgment?
Waivable- must be raised in the earliest possible opportunity - If not, there is a failure to state a cause of action
Deny! In the example, the plaintiff is trying to say that whoever owns the
Real Action- where the property is located
accessory also owns the principal. This is wrong! Based on that, would you be able to
Personal Action- where the plaintiff/ defendant resides at the render a valid judgment? No.
option of the plaintiff
Can be stipulated F. Payment,Condonation, Novation, etc
o In writing; Waivable
o Executed prior to action  And all other modes of extinguishing obligation
o Couched in mandatory terms G. Litis Pendencia (pending case)
D. Lack of Capacity to Sue Non-waivable
Waivable Presupposes 2 cases and as between the first and second case,
 It is not the same as the lack of personality to sue (not real party-in- there is:
interest); 1. Identity of parties;
 In order to have capacity to sue, the plaintiff must: 2. Identity of subject matter;
 be in full possession of mental faculties; 3. Identity of relief sought
 proper age
Illustrative Examples a. There must be 2 cases
1st case:  Identity of parties
P files a case against D for recovery of a parcel of land. However  Identity of subject matter
defendant died. b. The first case must have already been decided after trial on the
2nd case merits by a Court of competent jurisdiction
Plaintiff files a case against Defendant’s son for recovery of the  First case that has already been decided becomes the res
same parcel of land. judicata/ law of the case
Is there litis pendencia? 1. Bar by former judgment (regular res judicata)
Identity of parties also refers to identity of interest they represent. 1st case: Plaintiff vs Defendant for Cancellation of Deed of Sale
The son succeeded the father in the case. There was identity of the Deed of Sale allegedly executed by plaintiff in favor of the
subject matter and of the relief sought. defendant
The second case should be dismissed because it is the second case  After trial, the case was dismissed
that gives rise to litis pendencia Ruling of the court: Deed of Sale was upheld

1st case: Forcible Entry Subsequently, plaintiff passed away

Plaintiff vs Defendant 2nd case: Plaintiff’s child vs D for recovery of ownership
2nd case: Quieting of Title Plaintiff’s child claims that there is no proper transfer
Defendant vs Plaintiff Defendant Filed motion to dismiss, should it be granted?
Is there litis pendencia?  There is identity of parties
None. No identity of relief sought.  Identity of subject matter
1ST CASE: Ejectment 2. Conclusiveness of Judgment
2nd case: to establish ownership 1st case: Plaintiff vs Defendant for recovery ownership
1st case: Recovery of Possession Plaintiff claims that the title in the name of the defendant has
Plaintiff vs Defendant been secured through fraud. If a property is fraudulently titled in
2nd case: Quieting of Title the name of a person and the period of incontrovertibility has
Defendant vs Plaintiff passed, the title is secured. Thus, plaintiff claims as the rightful so
Is there is Litis Pendencia? he filed a case for reconveyance.
Yes. Both A and B would want to be declared as owner.  The case was decided in favor of plaintiff. The defendant
Which case should be dismissed/ retained? was ordered to reconvey the property to the plaintiff. A
General Rule: 2nd case deed of reconveyance was executed by the defendant but
Exception: the property was never transferred to plaintiff.
Retain case that will best resolve all the controversies between the Defendant’s son sold the property to H.
parties. After 20yrs
In the example, quieting of title. 2nd case: Plaintiffs’s son filed a case against H for recovery of
H. Res judicata possession + damages because H built a structure in the premises
Non-waivable and was renting it out to several tenants.
According to H: There is already res judicata. Plaintiff should  He must be directed to manifest whether or not he shall
not file the 2nd case; instead, what he must file before the Court is a pursue the counterclaim or pursue it in another case
motion for execution.  Court issues order granting the dismissal WITHOUT PREJUDICE
The judgment has never ever been executed 3. Because of the plaintiff
Is the judgment already conclusive?  Fails to present evidence within a reasonable time
There is res judicata but the case could no longer be  Fails to comply with the order of the court
reopened. e.g. failure to show cause as to why the case should not
Although the procedure was wrong because the case for be dismissed
revival was filed only after the prescriptive period for action to  Fails to observe the rules of procedure
revive judgment, the only remedy was to file the case again,  Unreasonable delay
conclusiveness of judgment will be reinstated. e.g. failure to present evidence
 Court issues order granting the dismissal WITH PREJUDICE
What if in the preceding example, the first case was
dismissed. The title of defendant was upheld and there was no Rule applicable to plaintiff alone
reconveyance, will such dismissal be conclusive on the 2nd case? 2-dismissal rule- the plaintiff cannot file a case and have it dismissed more
than twice
Prescriptive periods:
Motion for execution – within 5 years from finality of judgment e.g.
After such period, can it still be executed? Yes. 1st case: Plaintiff filed a case against D- P filed a motion to Dismiss and was
Action to revive judgment: 10 years granted
2nd case (same as 1st case) - P filed a motion to dismiss- granted
 Res judicata is not always trial on the merits 3rd case (same as 1st case)
JUDICATA  Are not self-executory or automatic
a. Dismissal by plaintiff  Thus, defendant must file a motion to dismiss based on res
1. By mere notice judicata (2-dismissal rule)
 Before answer is served
 It does not matter what kind  An order of dismissal is a final order
 Court must issue an order confirming the dismissal Final order vs Interlocutory Order
- In order to determine when the order becomes final Final Order Interlocutory Order (in between
movements or proceedings)
- Within 15 days from receipt of the order by the plaintiff
Disposes the case; e.g. Order declaring defendant in
WITHOUT PREJUDICE- plaintiff can file again
The court has nothing to do default
 presumption
2. By motion
Remedy: Appeal to the CA Remedy: Petition for Certiorari
- Answer is served, Dismissal is limited only to the
under Rule 65
- If answer is with a counter-claim, defendant can pursue
his case I. Prescription
Non-waivable Plaintiff may appeal Petition for Certiorari under
Statute of Limitations Rule 65-grave abuse of
J. Statute of Fraud discretion shall be filed
Waivable  Filed in the next higher
Article 1403 Court
- Transactions that should be in writing Effect if granted: The order
- If not, unenforceable denying order to dismiss is
E-commerce act lifted and set aside
 Statute of fraud is complied with if transaction has been duly Preliminary injunction:
authenticated  Granted by the court where petition for certiorari, mandamus etc is
K. Failure to comply with a condition precedent pending
Waivable To enjoin the lower Court from going on with the case while a
e.g. petition for certiorari under Rule 65
1. go to lupon before going to Court;
2. Family Code- if suit is between family members, earnest efforts Defendant did not agree to the denial of motion to dismiss
must be exerted to reach a compromise agreement Defendant filed a petition for certiorari under Rule 65
- any action Pending: accomplishment of Order for defendant to answer
- FAMILY MEMBERS shall mean - siblings, parents and children So as not to be declared in default, and not to forego of the remedy of
e.g. petition for certiorari under Rule 65, File an answer ad cautelam
a. Sister vs Sister (precautionary answer)
b. Case: Sister and husband vs Sister and husband
Motion to dismiss based on failure to comply with a condition How many days to file an answer?
precedent, i.e.earnest efforts to reach compromise agreement 15 days from receipt of summon
between family members
Grant or deny? Rules in computing
Deny. The spouses are no longer considered as family a. Exclude first day, include last day;
members contemplated under the law. b. Days falling on Saturdays, Sundays, and holidays shall be included;
3. Failure to exhaust administrative remedies - If it fell on these days, it does not run until the next
working day
At the earliest possible opportunity means:
a. To raise as a ground for a motion to dismiss; Examples:
b. File as affirmative defense in answer 1.

Summons served on August 1

Motion to Dismiss 15 days
Granted Denied Due Date to file answer August 16
Court issues a Final order The Court will order the
Filed motion to dismiss August 8
defendant to file an answer
Hearing August 12
(interlocutory order)
Denied (motion to dismiss) August 22  Court sets it for preliminary you know is the truth
Received denial August 25
hearing If not: (effect of no explanation)
Aug 1 – Aug 7 = 6 days (August 8 is excluded as this is the event
which the period)
Deemed as an admission
(15 days- 6 days) 9 days from August 25 – September 3 saturday e.g. I specifically deny because I don’t
The defendant has until September 5 to file the answer have sufficient information to for as to
the truth
Prayer for every answer: Dismissal of the complaint
Summons served on August 1
Filed motion to dismiss August 14 15 days
Hearing August 16 Due Date August 16
Denied (motion to dismiss) August 20 “ never ever prepare disrespectful pleadings”
Received August 25
August 1- 13= 12 days  A certificate of non-forum shopping is NOT required.
15-12= 3 days  As a rule, it does not require VERIFICATION
5 days from August 25 Except: if the complaint is based on an ACTIONABLE DOCUMENT
August 30
Automatically 5 days,
Actionable document is a document that gives rise to the complaint
 Remaining period is less than 5 days
e.g. promissory note (collection of sum of money), deed of sale
Why is it that if it is based on an actionable document there must be
 When Defendant reads the complaint and says that he
Because the specific denial must be under oath
cannot understand the same because it is vague
How can a specific denial be under oath? Through the verification
 In effect is asking the plaintiff to be more particular
No verification = not under oath
Denied Granted
Defendant must file for an Plaintiff must comply (how)  Effect: deemed to have admitted the DUE EXECUTION (that it
answer an amended complaint was executed regularly, nobody was forced) and GENUINESS
Remaining days, but not to 2. submit compliance which (signature- real) of the actionable document.
exceed 5 says must fall part of the complaint  Plaintiff may file MOTION FOR JUDGMENT ON THE
PLEADING (since there is no more issue)
Effect of non-compliance by the plaintiff
o Defendant provides the issue
 All allegations shall stricken out of the complaint
IV. The defendant may FILE AN ANSWER
Plaintiff filed a case against Defendant for collection of sum of money
Answer- a responsive pleading to the complaint
because of a promissory note executed by Defendant
Format- same as the complaint
Affirmative Negative I promise to P or order P1,000,000
(sgd) D
 Includes the grounds for a  Specific denials
motion to dismiss - Explain, revel / tell what
Defendant may specifically deny and aver that he never signed the Van owner filed a case against the truck owner- > RTC- R1
promissory note and the signature that appears is a forgery. The truck owner filed a motion to dismiss on the ground litis pendencia
stating that the van owner’s claim must be stated in the counterclaim
A. COUNTER-CLAIM (RECOUPMENT) The van owner states that his claim exceeds the truckowner’s claim,
 Defendant’s complaint P500,000 is within the RTC’s jurisdiction
 Claim of defendant against the plaintiff  NOT a compulsory counterclaim
e.g  There could be conflicting judgments between the 2 courts
Plaintiff files a complaint Remedy: Ask for consolidation in one court; one venue
Defendant files answer + counter-claim  Petition should be made before the Supreme Court because
KINDS: if the subject matter involves different jurisdiction and
i. Compulsory Counter-claim venue, only the SC can give permission for such
- Arises from the same transaction, subject matter of the consolidation
complaint  Thus, the case should be decided by RTC Region 1 because
 The Court must have jurisdiction over the subject one of the parties has a claim above P300,000 (P500,000).
matter in the counter-claim
If subject matter is within the same jurisdiction, it can be consolidated in the
Answer with By way of counter PRAYERS
Court with the least docket- > more of an agreement between the Courts
Counter-claim claim 1.As for the
5. _______ 1. _______ complaint is  The dismissal of the complaint DOES NOT necessarily LEAD to the
6. _______ 2. _______ concerned- dismissal compulsory counter-claim
2. Counter-claim-
7. _______ 3. _______
decision be renderd
8. _______ 4. _______
in favor of D
ii. Permissive Counter-claim
_ _  Does not arise from the same subject matter, transaction of the
 It must be raised in the same proceeding, including payment of docket fee required?
otherwise, the defendant will forever be barred Compulsory Counterclaim Permissive Counterclaim
from raising it. No. because the claim arises YES. Because it is treated as an
 It may be filed ANYTIME BEFORE JUDGMENT from the same transaction initiatory pleading
But, belated counterclaim must be with LEAVE of Court anyway
+ explanation  Must be within the jurisdiction of the Court

Illustrative example: Examples:

Collision between a truck and van 1. Plaintiff files a case against Defendant for recovery of
P500,000 damage to the van owner personal property
P160,000 damage to the truck owner By way of counter-claim, defendant prays for recovery of sum
Truck owner filed a case against the van owner - > MTC, Region 2 of money against the Plaintiff
 This is a permissive counter-claim
 Rationale: to avoid multiplicity of suits Contribution
2. To continue the example as above- stated, in the sum of Indemnification must be related to the complaint
money, the defendant avers that the sum of money is due to Subrogation
unpaid salary as an employee of the plaintiff
- Plaintiff files motion to dismiss of the counterclaim Other Relief
- M to D should be granted because the Court has
jurisdiction. NLRC has jurisdiction.  Must be with LEAVE OF COURT
 Answer to counterclaim (for permissive) - Motion for leave for Third party complaint
- Answer of plaintiff  It is classified as an initiatory pleading, thus, certificate of
non- forum shopping and verification are required
B. CROSS-CLAIM  If court says that it is proper, docket fees should be paid
 Always compulsory, meaning, it must arise out of the same  Wait for the court to grant motion for leave for third
transaction, subject matter party complaint before payment of docket fees
 Includes more than one defendants
- Claim of one defendant against the other defendant Illustrative Examples:
ILLUSTRATIVE CASE: D and E are solidary debtors of Plaintiff P1,000,000
D and E are joint debtors of the Plaintiff – P1,000,000 Plaintiff filed a case against D
D gave his share of P500,000 to E trusting the latter to give it to P.  If D is made to pay P1,000,000,
But to D’s surprise, Plaintiff files a case against D and E for collection of sum D may file a third party complaint against E for his contribution in
of money. Thus, through a cross-claim, D files a case against E. the amount paid, thus,
 Thus, if judgment is rendered in favor of the plaintiff, judgment will D(3rd party plaintiff) vs E (3rd
party defendant)
also be rendered against E who shall be directed to pay the
P500,000 debt of D to P as well as his own debt. 2. INDEMNIFICATION
Plaintiff vs Defendant (Damages)
 There is a need for Certificate of Non-Forum Shopping, Verification
and docket fee because a cross-claim is classified as an initiatory
D (3rd party plaintiff) vs Insurance Company (3pd)
Claim of P500,000; judgment was rendered in favor
of Plaintiff
 If the complaint is dismissed, the cross-claim should also be
Does it mean that the insurance company should also
indemnify D for P500,000?
No. It depends on the insurance contract between
C. Third-party Complaint (not the same as third-party claim)
defendant and insurance company.
 Initiated by the defendant
 Bringing of a third party
 Outside of the main complaint
Defendant is the lessee of Plaintiff
 Brought into the picture by the defendant because of:
After a wild party, the floors house of Plaintiff became Defendant appealed
one   Defendant should only appeal 1 decision not both
Thus, Plaintiff vs Defendant for damages (lessee) In
According to defendant, he did not cause the damage because he D3pp vs Sublessee 3pd, the case was decided against the sublessee,
subleased the property (the one who caused the damage) but he did not appeal.
Thus, If defendant wins the appeal, it does not mean that the sublessee
Defendant (3pp) vs Sub lessee (3pd) shall also win, hence, sublessee shall still be liable to pay the defendant.
 An appeal will only benefit the one who appealed.
 Moral lesson of the case: avail of remedies whether or not in
Why can’t the plaintiff file the case directly against the sublessee?
the main complaint or 3rd party complaint
 Because the contract of lease is between the plaintiff and
Answer with counterclaim and cross-claim is possible
 1 document with 3 pleadings
Sublessee can file a counter-claim against the original plaintiff and
Must a co-defendant answer a cross-claim? YES
aver that since his house has only 3 posts the foundation was very
weak which caused the damage, party-goers were injured and are
D. REPLY (optional pleading)
asking him to pay for hospital fees.
 Whether or not you file a reply, you achieve the same
 Filed by plaintiff
 Anything that
 Purpose: to controvert, deny, rebut allegations in the answer
If you deny, you put what you believe is the truth
How the decision shall look like
When can a reply be mandatory?
When the answer is based on an ACTIONABLE DOCUMENT
 Specific denial must be under
P _____________________ oath
________  How: file reply
On the MC 1
x- - - - - - - x Wherefore, Example:
D, third party plaintiff _______________ Plaintiff files a case against Defendant for recovery of ownership
Vs On the 3rd party
rd complaint, 2
and possession.
X, 3 party defendant
Wherefore,__ The answer presents as evidence a deed of sale (actionable
x- - - - - - - - x
_____________________ document) executed by the plaintiff
 The plaintiff may deny the existence of a Deed of Sale signed by him
through Reply
 2 separate decisions independent o That the signature appearing therein is a mere forgery
of each other  There must be a VERIFICATION
Plaintiff filed a case against defendant o If none, the plaintiff is deemed to have admitted the forged
P secures a favorable judgment document
 The plaintiff CANNOT:
a. Include additional defendant;  The Court will order the Plaintiff to amend (include moral damages)
b. Add another cause of action in the reply/

AMENDMENT: change/ alteration/ modification 1. Supersedes the pleading amended

Complaint Amended Complaint
1. That D is single 1. That D is married but is sued Complaint Amended Complaint
due to paraphernal property Remains as part of the records Controlling
Kinds e.g.
1. Amendment as a matter or right 1. _____________________ 1.______________________
 Can only be availed ONCE before responsive pleading is served 2. D owes P1,000,000 and only paid 2. D owes P1,000,000 but did not
 Things you want to include are already existing at the time of the P100,000 pay a single centavo.
filing of the complaint
Only paid P100,000
e.g. Extrajudicial admission; can be used against the plaintiff
Plaintiff filed a case against defendant for forcible entry with the
RTC (no jurisdiction) 2. Filing of amended complaint does not retroact to the date of filing
Defendant filed a motion to dismiss the original complaint
Plaintiff filed an amended complaint and changed forcible entry to
recovery of possession SUPPLEMENTAL
 Amendment to confer the court jurisdiction  Circumstances did not yet come to the picture upon the
 Is this allowed? YES time of filing
 Reply should be made 10 days from receipt of answer  Arises after the subject matter of the complaint
 Occurs after the filing of pleading
2. Leave of Court  There must be leave of court
 Second Amended Complaint- Recovery of Possession with damages Supplemental Complaint
 No longer a matter of right  Requires certificate of non- forum shopping, verification, payment
 Any and all subsequent amendments wherein a matter of of docket fee
right no longer applies, there must be a leave of court  Defendant must answer, otherwise he may be declared in default
on the supplemental complaint (Answer to supplemental
3. Formal complaint)
 Clerical
 Does not affect the parties MOTION TO INTERVENE
E.g. 1,000,000 one million pesos (MOTION FOR INTERVENTION)
4. Amendment to conform to evidence  Must be with leave of Court
Plaintiff filed a case against defendant for actual damages
Witness stand: plaintiff said “because of the event my bf left me ” e.g.
A vs B for recovery of possession (LITIGATED MOTION)
B leases the property to C who fully paid rental for 2 years.  Filed by the plaintiff
According to C, “What if A wins, I aready paid 2 years to B”  Pleadings include complaint and answer (just these)
C believes that he has an interest to be protected and right to Why?
uphold, he thus wants to enter the case. Because the answer filed by the defendant tenders no issue
 C must file a Motion to intervene and attach his answer in
intervention Limitation if it is judgment on the pleadings:
 Motion for leave to file answer in intervention must also be filed No award of unliquidated damages
Only liquidated damages can be awarded because it is already clear
ANSWER – IN- INTERVENTION COMPLAINT – IN – INTERVENTION and apparent on the face of the contract.
Joins the cause of the defendant Joins the cause of the plaintiff
No need to file CNFS, verification, Initiatory pleading  The defendant may file objection to the motion
payment of docket fee Need for CNFS, verification, payment e.g.
of docket fee. The answer states:
I am totally bankrupt because of the flood that reached even my
 Any intervenor who claims a right in the case may file a ears, even my dog does not like the things I was able to save. I am asking the
motion to intervene provided that judgment has not plaintiff for his consideration.
yet been rendered P files a motion for judgment on the pleadings. Grant or deny?
Grant. There is no more issue on the answer. The defendant is only
making an excuse.
Vs When answer is filed, issues are deemed joint. It is incumbent upon
D the plaintiff to file a motion to set case for pre-trial
x- - - - - - - x  Ex parte motion
 Let the plaintiff prosecute his case
x- - - - - - - - x
Plaintiff should show cause:
Upon receipt of motion to set case for pre-trial:
Court issues a notice of pre-trial to the :
 If the case filed by plaintiff is dismissed, motion to 1. Lawyers – directing them to appear to the pre-trial and submit their
intervene is also dismissed. pre-trial briefs
In the above-stated example, what does the prayer of C contain if  Mediation and JDR are not yet enunciated in the rules:
ever A wins: Why are we doing it?
1) That A recognize the contract of lease because of the 2-year Rule 18:
payment of rental; or What to do during pre-trial
2) That rental payment is returned.  Submission of the case to alternative modes of dispute resolution
Pre-trial brief
Motion for judgment on the pleadings  Facts you want the other party to admit
e.g. genuiness of promissory nothe  JDR judge can be pre-trial judge as well if the parties agrees in
Stipulations: writing
Issues to encounter,  Conducts pre-trial
Both testimonial and documentary evidences
Who should appear in the pre- trial?  Everybody is present
1. Counsel  If there is authority, such must be presented to the adverse party
2. parties
 Submission of pre-trial briefs
Effect of absence:  Submission of judicial affidavits
 if counsel/s is absent but party is present: The court may issue show
cause order or ask the counsel to pay fine. 1. Judge makes pre-trial order
 If plaintiff is absent: o Outlines what happened in pre-trial
o Dismissal of the complaint I. Preliminaries
o Defendant may present counterclaim I. Stipulation of
 If defendant is absent Facts
o Counterclaim may be dismissed Admitted Disputed
o Plaintiff may present evidence ex parte 1) Due execution of 1) Amount
Defendant in default promissory note given not
- No longer in the rules sufficient
- Non-existent 2) 2) Partial
If the parties cannot be present during pre-trial, the party may be payment
represented through a special power of attorney.  Judicial affidavits may already be submitted after pre-trial
II. Outline the issues:
Mediation is conducted by the Philippine mediation center III. Evidence
 Accredited mediators by the Supreme Court must be at least 30 A. Plaintiff
years of age Documentary
 JDR and mediation Exh “a”, a-1 a-2
o Canadian Institute of Development Authority 2002 Testimonial
 In CAM, if settlement is reached, the Court renders judgment based B. Defendant
on compromise agreement Documentary
o If mediation fails, bring to jdr Testimonial
o If jdr fails, judge gives up the case and the same will be re- Motion for summary judgment
o JDR is not jurisdictional  Only after pre-trial
Pre-Trial Judge  Can be filed either by plaintiff or defendant
 Notified by JDR judge  Basis: admissions during pre-trial; pleadings
 Questions of law, no more factual issue
If granted:
Parties will be directed to submit their respective position papers
Centered on questions of law
How do you think it should be interpreted?
 However, no unliquidated damages can be awarded.

 There may be some errors,

please check