KATRINA Y, COSCOLLUELA GENICA THERESE ENDALUZ JUDGE JAIME FORTUNATO A. CARINGAL, “IRAMES ERVIN VELASCO HAZEL ORTEGA ATENEO CENTRAL BAR OPERATIONS 2079. JORGE ALFONSO C. MELO LEILAS. UM ATENEO CENTRAL BAR OPERATIONS PATRICK EDWARD GALISONG JONATHAN VICTOR NOEL JORN STEPHEN PANGILINAN ‘ATTY, JORGE ALFONSO C. MELO ATTY, STEPHEN GEORGE 5.0. AGUINO "ATTY. RONALD C. CHUA ATTY, EUGENIO H. VILLAREAL MICHELLE KRISTINE ANTE JERRY SANTOS JR. MEGAN MARCOS ROSEL RICA VALLE BIANAISABEL SORIANO MA, REGINE CALLUENG (MAYUMI GLOR MATSUMURA “JENNIE ANN SEE PETER PAOLO OI EUNICE A. MALAY FRANCES CHRISTINE F. SAYSON GIA MoRDENO ‘GERARD ANDRE BARRON CHRISTIAN CANDELARIA LEIGHNUFUAR CCZARINA CHER CUERPO BENIGNO ENCISO oA SALAZAR DEBBIE VRREVERRE NICOLE VELANDRES ‘GARB! SUNGCADMARIA ANGELICA TORIO IMYREEN RAGIN ALURPANDAPATAN REYHALEIGH DELOS REYES IMikKY BORQIA (cHOOGEE GUERRERO IAV-EM CUNTAPAY evRIQUE LOPEZ [WENDELL LAXAWANAATENEO CENTRAL AR OPERATIONS 2019 REMEDIAL LAW = GENERAL PRINCIPLES IN REMEDIAL LAW ‘TOPIC OUTLINE UNDER THE 2019 SYLLABUS 1A. Substantive law vs. Remedial law... 8. Rule-making power of the Supreme Court. . Principle of judicial hierarchy... . Doctrine of non-interferencaljudicial stability T._JURISDICTION ‘A. Classification of Jurisdiction 6 4. Original vs. Appellate 2. General vs. Special 3, Exclusive ve. Concurrent Doctrines of Hierarchy of courts and Continulty of jurisdiction... . Jurisdiction of various Philippine courts. ‘Aspects of jurisdiction... 4. Jurisdietion over the parties 2. Jurisdiction over the subject matter 2. Jurladietion over the lastes 4. Juriediction over the res or the property in tigation “Jurisdiction vs. Exercise of jurisletion.. sen 23 ‘Jurisdiction vs, Venue... 23 G. Jurisdiction over eases covered Bornaey ‘Conciliation, Small Claims cases, and cases ‘covered by Summary Procedure... 24 CIVIL PROCEDURE ‘TOPIC OUTLINE UNDER THE 2019 SYLLABUS General provisions (Rule 1). Cause of action (Rule 2). Bart to cv actions (i . Venue (Rule 4)... Pleadings... Kinds (Rule 6) Parts ofa pleading (Rule 7) Manner of making allegations (Rule 8) Effect offallure to plead (Rule 9} ‘Amended and supplemental pleadings (Rule 10) When to file responsive pleadings (Rule 11) F. Filing and service of pleadings, judgments, final orders, and resolutions. 68 4, Rules on payment of docket fees; effect of non-payment 2. Rule 13, mpop>‘Summons.. 64 4. Nature and purpose of summons in relation to actions in personam, in rem, and quasi in rem 2 Rule 4 1. Motions... R ZErALS pero i. Computation of ime (Rule 23} Modes of discovery. >. Trial (Rule 30)... 4. In general (Rule 18) 2. Motion to dismiss (Rule 16) 3, [Motion for bill of particulars (Rule 12) Dismissal Proctrial (Rule 18)... Intervention (Rule 19}... Subpoena (Rule 21), 4. Depositions (Rules 23 and 24) 2. Interrogatories to partos (Rule 25) 3. Admission by adverse party (Rule 26) ‘4. Production or inspection of documents or things (Rule 27) 5. Physical and mental examination of persons (Rule 28) 8. Refusal to comply with mods of discovery (Rule 29) Gonsolidation or severance (Rule 31). Demurrorto Evidence (Rule 33), Judgments and final orders.. 4. Judgment on the pleadings (Rule 34) 2. Summary judgments (Rilo 25) 3. Rendon and enty of judgments and final order (Rule 36) Postjudgmont remedi fen 11. Motion Tor new tial or reconsideration a. Rule 3? bb. Remedy against denial and fresh-period rule 2 Appeals “Judgments and final orders subject to appeal 1. Matters not appealable; available remedias Doctrine of fnaltyimmutability of judgment Modes of appeal from judgments or final orders of various courts (Rules 40, 44, 42, 43, and 48) 1.” Perod of appeal |i, Perfection of appeal Hil Issues to be raised «. Reviow of judgments or final orders of the COA, COMELEC, CSC, and the ‘Ombudsman Review of judgments or final orders of quasi-judicial agencies 4g. Dismissal, reinstatement, and withdrawal of appeal Petition for relief from judgment (Rule 38), Annulments of judgment (Rule 47) Collateral attack on judgments xecution, satisfaction, and effect of judgments (Rule 39)... 409 442TV; PROVISIONAL REMEDIES pain cnr lesencaa saa ener ‘TOPIC OUTLINE UNDER THE 2019 SYLLABUS A. Settlement of estate of deceased persons.. tnnnnineisnnnne BAN Venue and process (Rule 73) ‘Summary settlement of estates (Rule 74) Allowance or disallowance of wills (Rule 76) Claims against the estate (Rule 88) Payment ofthe debts of the astate (Rule 88) ‘Sales, mortgages, and other encumbrances of property of decedent (Rule 69) Distribution and partition (Rule 90)B, Escheat (Rule 91) snes 237 C. Guardianship. ase 4. Venue (Ruie 82) 2. Appointment of guardians (Rule 93) 3. General powers and duties of guardians (Rule 96) 4. Termination of guardianship (Rule 97) D. Wirt of habeas corpus... 243 4. Rule 102 2. Writ of habeas corpus in relation to custody of minors (A.M. No. 03-04- 04-SC) E. Change of name (Rule 103).. 249 F. Cancellation or Correction of entries in the Civil Registry (Rule 108). G. Clerical error law (RA 9048), Vi CRIMINAL PROCEDURE A. GENERAL MATTERS. -0 266 4. Criminal jurisdiction; Concept and Requisites for Exercise 2. When Injunction may be issued . PROSECUTION OF CRIMINAL OFFENSES (Rule 110). oe 274 PROSECUTION OF CIVIL ACTION (Rule 111). COLI 290 . PRELIMINARY INVESTIGATION... 295 4. Executive vs. Judicial Determination of Probable Cause 2, Rule 112 ‘ARREST (Rule 113), BAIL (Rule 114). ARRAIGNMENT AND PLEA (Rule 116). MOTION TO QUASH (Rule 117)... PRE-TRIAL (Rule 118) TRIAL (Rule 119), &. JUDGMENT (Rule 120). NEW TRIAL OR RECONSIDERATION (Rule 121) APPEAL (Rule 122, 123, 124 and 125) SEARCH AND SEIZURE (Rule 126). PROVISIONAL REMEDIES (Rule 127) Rovised Guidelines on Continuous Trial (A.M, No. 15-06-10-SC). 3. The Rule on Cybercrime Warrants (A.M, No. 17-11-03-SC).. Vii, EVIDENCE pYOZErALoZOmm A. General concepts. 369 1. Proofs. evidence 2. Burden of proof vs. burden of evidence 3. Equipoise rule B. Admissibi 373 1. Requisites (Rule 126) 2 Exclusionary rules, 3. Judicial notice and judicial admissions (Rule 128)Object (Real) Evidence (Rule 130, A). D. Documentary Evidence (Rule 136, 8). Definition Bost Evidence rule Secondary evidence Parol Evidence rule Interpretation of documents timonial Evidence (Rule 130, C. Qualification of witnesses Testimonial privilege Admissions and confessions Previous conduct as evidence ‘Testimonial knowledge Hearsay and exceptions to the hearsay rule Opinion rule Character evidence F. Burden of proof and presumptions (Rule 131). G. Presentation of evidence (Rule 132). “1 Examination of witnesses 2. Authentication and proof of documents 3, Offer and objection H. Judicial Affidavit Rule (AM, No, 12-8-8-SC). 457 I. Weight and sutficiency of evidence (Rule 133). Rules on Electronie EVIGONCE ens 307 390 E, Tes 00 IK, WRIT OF AMPARO..u ane 466 X. WRIT OF HABEAS DATA. an Xl, RULES OF PROCEDURE ON ENVIRONMENTAL CASES, ANNEXATENEO CENTRAL BAR OPERATIONS 2039 REMEDIAL LAW [GENERAL PRINGIPLES INREMEDIAL LAW] _ CONCEPT OF REMEDIAL LAW J0Ple OUTLINE UNDER THE 2018 SYLLABUS REMEDIAL LAW ‘Substantive law vs. Remedial aw tis @ branch of law that presorbes the methoss of B Rulemehingpowes fhe Supreme Court enforcing rights and obigatons creaed by substantive C. Principle of juicll hierarchy lan: I provides procedural system for oblaning redress D. Doctrine of nonsnterforencafudicial stability for the Invasion of righs and Veksions of ties. also ‘rescrbes rules as o how sults are fled, wed and deiced ‘pon by the courts. (Bustos v. Lucero, G.R. Ne, L-2088, 1048) AL_SUBSTANTIVE LAW AS DISTINGUISHED FROM REWEDIAL LAW. SUBSTANTIVE LAW | REMEDIAL LAW Substantive wis hat —| Remedial aw preserbes partofthe law waich | the method of enforcing ‘eates, defines nd | rights obtain redress for regulates gh, or which | thir invasions. regulates thavights ena | (Prins w. Ocampo, utes which give re oa | G.R. No, L-6120, 1959) ‘ause of acon; that park ofthe law which courte fre establned to Administer, as opposed to Aagjectve or remedial, rmathod of exforeing ights or obtain redress for thelinvasion, (Busi, Lucero, GR. no. 2068, 1948) ‘Makes vostedrighis | Na vest ighis may possible, ailach to nor arise thorerom (Go w Sunbanun, GR. Ne, 162240, 2011) rospacive in appeain. | Revoacive n pplication (Calacaiav. Repu | Gir. No, 154415, 2005) ‘Orghaes Ferme Tres not orginate Torn legate the legisature buthas the force and effect of aw if notin confit wth ‘substantve aw. (Alero v Dota Rosa, G.R. No. L- 285, 1046), B.RULEMAKING POWER OF THE SUPREME CouRT Power to Promulgate Procedural Rules Page 143ATENEO CENTRAL AR OPERATIONS 2049 REMEDIAL LAW ‘The Supreme Coun shal have tie poner to BomUpSS rules conceming the protection and. enforcement of constiutional rights, leading, pracie, and procedure in a courts, he admission 10 the practice of law, the Integrated Bar, and legal assistance to the under privteged (Phi Const. at i, $55) Applicabilty ofthe Rules of Court The Rules of Court shal apply in al cours, except as otnerise provided bythe Supreme Court (Rule 1, Sac. 2} General Rule: The Rules wil not be applicabl {ellowing cases: (NICOLE) 1 Election Cases; Land Registration Cadaatal Ces: ‘Naturakzaion 3 4 5. Insolvency proceedings: and 5, Other eases not provides for the Rules of Cou, inthe Exceptlon: The Rules of Court willbe applicable In the abovementioned cases by analogy or ina suppletary ‘charactor and whenever practicable and conveniont. (Rute 1, Sec. 4) Application of procedural rules to pending setions: exception General Rule: Tho retroatve applicaon of procedural laws do not vistale any perso rights Because no vestes fights may attach to nor ree thereto. (in tho Mato 'o Destare in Contemp of Court Hon. Simeon Datumanong, GAR No, 180274, 2006) Excaption: Tho ule does rt apply where tha taut sat expressly or by necessary implication provides that pending scons ace exceples rom ts operation, oF where to apply Ito pending proceedings wou imal vested ‘gh. Under sppropriat ckeumstances, cours my deny tha revoacive application of procedural laws in he event {hatto.do so would not be feasibieor would work nus. (Tan v. CA, GR. No, 136368, 202) 4. LIMITATIONS ON THE RULE-MAKING POWER OF ‘THE SUPREME COURT 1. The les shall provide 2 sinaifed and inexpensive procedure fr the speedy dspostion of cases; , The les shall be uniform for courts ofthe some ode; and The rules shal nat diminish, increase, or my substantive rights, (Pri, Const. a Vi, § 3), 2. POWER OF THE SUPREME COURTTO AMEND AND ‘SUSPEND PROCEDURAL RULES. Power to Relax/Suspend Procedural Rules The Supreme Court's coostitilonal power lo promulgate res of practice ad procedure and te amen or epeal the fame necessarly cares wih l the power 10 overum doll precodents on poins of remedial law through the fmendment of the Rules of Cour. (Pinge v. Hers of ‘Santigge, GR. No, 170364, 2008, It has the sole prerogative to amend, repeal or even ‘establsh new rubs for a mere simpiied nd inexpensive process, andthe speedy deposition of casos. (Noypes v Court of Appeal, GR. No, 11524, 2008) Complance withthe procedural rls isthe general ue, ‘and abandonment thereof should ony be dane inthe mest texceptonal circumstances. (Pop v. Heirs of Briones, GR Mo, 150176, 2007), “The courts have the power eax or suspend techsisl or procedural rules or to excepts case fom thor operation Ian corpalng rene no iran whan th rp oF usice requires i what constiules good and suffeient cause that would ment suspension of the rules. discretionary upon te cours. (Commissener of Intel Rovenue v. Migrant Paghiso Corporation, C.R. No, 15959, 2005) hat inp the Court to sot aside its ras i not the parts emply invocations of iberaty butte mest of Bars pasion so that he same may not be obsruced by mera deficiencies in form (Munoz ¥. People, G.R. No. 162772, 2008). Reasons that would warrant the suspension of the Roles! 7, Wost persuasive and weigh ressons: To relieve aiigant rom an injustice not commensurate wi is ale to comply wth the preseebed procedure; Good faith ofthe detauiiog party by immediately paying within reasonable ime tom tet of the defo The exstence of specla ox compeling circumstances; ‘The mente ofthe ase: ‘cause ret entralyatolablo to he foul or nogigence of he party favored by the suspension ofthe ules, ‘lack of any showing thatthe review sought is merely frivolous end cata: ‘The other party wil ot be unjustly prejudiced thereby,ATENEO CENTRAL BAR OPERATIONS 2019 REMEDIAL LAW Fraud, aealdont, mislake a7 oxeusabIenglgonen whoa appellants fet Peculiar logal and equitable crcumstances atone to Inthe name of substantial jusice ae fir pay Importance ofthe ives involved: nd Erercse of sound dscraton by the judge guided by a the attendant creumstances. (Labao v Flees, GR. No 18764, 2010) Power to Discipline Judicity Employees for Non= Compliance with Rules and Regulations ‘The CSC has administrative [ursdicion over the chi sorce. However, the Constuiion provides that the Supreme Court is given exclishe administrative supervision over al cours end judicial personnel, Only he Supreme Cou that can oversee the [vages’ and court poreornets compliance wih all lous, les and fegulations, No ather branch of goverment may intrude Into tis power, whout running afoul ofthe decrne of separation of powers ‘dinitrate jusdion over @ cout employee belongs to te Supreme Cour, regardless of whether he offense ‘was commits before or ater empaymentin te judy (eran Ampang. C50, GF No. 107946, 26 August 2000) NATURE OF PHILIPPINE COURTS. 4. MEANING OF A COURT Its an organ ofthe government belonging to the judicial department, he uncton of whichis the appcain ofthe laws to controversies breught before tas wel asthe pubic ministration of justice. lac’, 5 Eaiton, 356 a8 ced fn Risno, Cit Procedure: A Restatement forthe bar, 2° 0, 2008), It isnot tht where an administrative ebunaté fonction patakos of the jul functons, ts exercise is sled quasi judicial” bul such administrative agencies are not considered counts; they are nether part of the judicial sytem nor are they domed jul tiburals (De Lean, Aaininistratve Law: Tox and Cases, & ed, 2010) 2) COURT AS DISTINGUISHED FROM A JUDGE wupge |A publ ofcer appointed to presi over cote forthe purpose of administering aw “ough the isms fave otion boon eTaneaushy sed inlerchangasbly, they are et sly synonymous a they have the folowing ditions: ‘couRT “JUDGE |ts sim on ofcer fs | own pub fcr ‘bunt ofciay ‘assembled under suey flaw anoles ‘an oxen ofthe government witha Porson who sts onthe Personality separate & | eourt, iin! rom he joe “Toe continuity ofa cour ane the fieacy of is proceedings are not affected by the death, resignation, or cessation from te service of te judge presiding over fin oer words, the Judge may esiga, become incapacitated, or be ‘squalid o hol office, bl the cout remain, 2, CLASSIFICATION OF PHILIPPINE COURTS. SUPERIOR AND INFERIOR COURTS. ‘Superior courts are courts with convling author over some other court or courts, and wth catia inal Jutedcton ff own, Inferior courts are those which are subordinate to other courts and whose judgments and decrees Feviewed by the higher tribunals. ‘COURTS OF RECORD AND NOT OF RECORD A court of record is one keeping a wien account of proceedings which impor venty, or which ls 20 denominated by he statute of its creation. A court not of record is one which not keeping a writen account ote proceedings Note: RA. No, 6031 mandetes al Municipal Tal Cours 'o.be coun of ecard, PROBATE COURTS Courts whose basic jrisdleton Is 19 administer justice in raters relating lo decedent estates. 2) COURTS OF ORIGINAL AND APPELLATE “JURISDICTION Original courts are those wherein a ease arises. On the ‘her hand, appellate courts are tase wherein e208 le reviewed.ATENEO CENTRAL REMEDIAL LAW >) courts oF JURISDICTION GENERAL AND SPECIAL General courts are courts which take cognizance ofall cases, cil or ciminal, ofa paricuar nature, or cours ‘nose judge are conclusive unl modiied or reverseg fan det alls, and who are competent 0 dai on ther om jurist, ‘Special courts are those which can take coprizance of special jisicton fora particular purpse, or are clothed with special powers for the performance of spectied ul, beyond which bey have no authorty of any kind Exclusive jurisdiction is held by cours that have juisicéon over a subject matic to the exclusion of cher concurrent jurisdiction 1s held by courts which have usdetion over the same subject matier and within the Same tertary and wherein Higants may in the fret inetane rset i thor eur en ‘) CONSTITUTIONAL AND STATUTORY COURTS Constitutions! courts are crated by the Constitution, ‘The Supreme Court i he only constitutional curt inthe Philipines. ‘Statutory courts ae crested by mere statute, Note:The Sanciganbayan is nota consitutona cour, but only 8 consttuionally-mandated cour. (Garcia v. ‘Sodiganbayan, GR. No. 174195, 1994) <8) COURTS OF LAW AND EQUITY [court of law is any tibunal duly administering he awe ofthe and. [A court of squity is one which adninisors justice ‘carding to the vles and principles of equly tippine courts ar both cours of tw and aquty. (US ¥. Tamparong, GR No. (9527, 1915) CC. PRINGIPLE OF JUDIGIAL HIERARCHY "Tre Judea syster fOlows a Todderized scheme WRN TA essence requires the loner cours (oily decide on & ‘ose bolo iis considered by a higher cour ‘Aigher cour wi not entetsindrectesoc tunes the ‘edteas cannot be oblained in the appropriate cours (Santogov. Vasquez, G.R. Nos. 99289.90, 1993) ‘such concurrence does nel allow unrestricted freedom of choice of the court forum. A ect invocation of the ‘Supreme Cour's erga juledetion to igsue ths wait should be allowed only when there ate special and important reasons, clea and specscally sat aut in the Delton. Fist Unted v. Paro Point, GR Mo. 178789, 2009) In several cases, however, the Supreme Cour has alewod rect invocation of the Supreme Courts original jtscicton to issue wits of cerlorar on the ground of “special and important reasons claty satedin the pation; ‘hen delted by pub welfore and the advancemant of Dube poly, when demanded by the broadorilarest of hustice; when the challenged orders were patent rules; or when analogous exceptional and comeing ‘roumstances calles for an used our immediate and ‘Sract handing olthe case, (Repubiev. Caguion, .A-No. 174386, 2013) D. DOCTRINE OF NONJNTERFERENCE OR DOCTRINE OF JUDICIAL STABILITY General Rule This prince holds that cours of equal and coordina Jurisdiction cannot interfere wi each other's: orders. (Lapurlapy Development and Housing Corp v. Group Management Cop, GR. No. 141407, 2002). Hence, # Regional ial Court has na power or aunty to rulty & enoin the enforcement of @ wrt of possession Issued by another Regional Til Court. (Suico Indust Corporation v. Court of Appeals, GR. No, 123060, 199) ‘The princi aso bare a court rom reviewing oitertring wit he judgment af @ eo-equal court over whieh thas no ‘Sppelsiejusciction or power of review. (Vilamery. Salas, GR No. 101084, 1991), This doctine appbes with equal free 10 administrative bodies: hen tho law provides fr an appest thos the ) Quasteantac or ©) Contact The evforcoment ofa barangay anicabe solirnerior an abivaton award ivaving a money claim covered by the Rule KATARUNGANG PAMBARANGAY (Ac, No. 14-93), General Rule ALL putes babieen indiviualsnatral persons ore subject fo barangsy concoion pursuant to te Revised Katarungang Pambarangay Law and prior recourse thereto ie pre-condon before fling a complaint in court or any government oles is owes, ‘There must have been confontaton between the parties bore the upon chaiman o pangkat and a showing that ‘ete was no setlemantresched or that twas repudiated by the partes before a complaint, peltion, acton or proceeding may be fled of intituted In court of Ina ‘overmentofes for adsieaton. Exceptions: 11 Where one party she government, or any Subvsion orinetumentally threo ‘wire one party is’ public fcr or employee and the ‘depute relates tothe performance of heal neon, ‘Wire the dispute tvolves real proparies located In diferent cites ond munipettes, unless tho partes thereto agree to submit ther liference to amicable sotlement by a appropriate Lupen; [ny complaint by oF against corporations, panne or Juries ents, since onl incviduals shal be pares to Berangay conllaion proceedings elher as comealnants fr respondents. (See. 1, Rule Vi, Kataungang Pamibarangay Riles) Disputes volving pares uho actualy esde in barangays af diferent cites or municpalies, excent where such barangay uns adjoin each other and the pares thereto ‘greet submit the dlerences o amicable setlement by {an sppropriate Lupa Offenses for whicn he lw prescribes a maximum penally of imprisonment exceeding ore (t] year ora fine of over +25, 000.00, Offenses where there is no private eflended party Disputes where urgent legal acon is necessary te provent injustice from boing commited or further contned, special the folowing: ') Criminal caees where accused 1 under police custody oF detention [See. 412 () (1), Revised Ketarongang Pemberangay Lawl b) Petitons for habeas corpus by & person tlegally Aeprved of Fis right custody over another or 2 Pago 240485ATENEO CENTRAL, [BAR OPERATIONS 2079 REMEDIAL LAW orson Wegally Gepived of oF oo acing in Re banal ©) Actions coupled with provisional remedies such as Prelrinary injunction, attachment, debvery of personal propery and support” dung the endeney of he action: 4) Actons which may be barred by the Statue of Limiatons, ‘Any class of ciputes, which the Present may determine inthe terest of sie or upon the recommendation efthe Secretary of Justee; ‘whore the dispute arises fom the Comprehensive ‘Agrarian Retorm Law (Secs. 46 & 47, R.A. 6657) Laver disputes or controversies arising fom employer employee relations (Montoye v. E2cayo, etal, GR. NO. '82211-12, 1969) (Ar. 226, Labor Code) ‘Actions to annul judgment upon 2 compromise tat may be fied creat in cour (Sonaher v. Topas, GR. No. 76600, 1908) [A case fled in cout without comgliance with prot Borengay conciaton, whichis a pre-condion fer formal ‘adjudeation, ‘may be Gsmissed upon mation of ‘efendanuls on the ground of fare to comply with & Condon precedent. The nomreferral of @ caso for Barangay conction Is not )usectonal nature, thus necessiates a mmoton to. dismias before may be considered by the Cou. A pre recourse to barangay consti isa pre-condition belore fing’ a complaint In cout oF any! government ofees. Non-complence wih thecal conion pocedent oul tft the suiicincy of he plant's cause of acon ‘2nd make his complaint vulnorabl to dismissal on ground of lack of cause of action or pomaturty, but the some ‘would nt prevent a cout of competent [urssion trom rising ts power ofadudicaton over the case before winare the defendant fad to object to such exerci of Juiedcton. (Sps. Santos v. Sps. Lumbao, GR. No. 169128, 2007) Interruption of Prescriptive Period: Whie the dispute under mediation, conciliation, or atiraton, the presrpive peross for elfen and cause Df acon under existing lave shal be interrupted up li ‘fhe complaint wth the Ponong Barangay. Agreement to Arbitrat: ‘Tne paries may, at any stage of the proceosings, 2groe in wring to nave the matorin spute decided by abivaton bythe Lypon Chain or Pangiat RULE ON SUNIMARY PROCEDURE “The rule shall govern the summary procedure in the Motopottan Tl Cours, Municipal Tél Courts in Cites, Manipal rit Cours, and the Munpal Creu Til ‘Courts in eases fang within ter json 4. Civil cases 8) All'cases of force erty and uriawil detsiner, lrospectve ofthe amount of damages or unpaid rontaie scugh to be recovered. Where attorneys {cos are awarded, the same shall not exceed ‘wontythovsané pesos (P20,000) ) All oher cases, except probate proceedings, ‘where the total amount ofthe paints caim does not exceed one hundred. thousand pesos (100,000) or two Tundted thousand pesos (200,000) in Metropattan Manila, exclusive of Ingres and cost. (AM. No, 02-11-09-50) Criminal Cases 2) Visations of ffi lawo, ules and regulations: 1). Voations of be rota iw ©). Vslatons of munipal or ely ordinances 4). Violations of &P. 22 (Bouncing Checks Law) 2) Al oer criminal cases where the penalty preserbed by Jaw for the offense charged Is Impisonmont ot exceeding ix (8) mans, or 2 {ing nat exceeding (P1000), or bot, irespectve of other impossble penaies, accessory of ‘therse or ofthe cv aly arising theretroms Proved, however, that in offensas involving damage fo property though criminal negligence, this Rule shall gave where tho imposable ne does not exceed ten thousans pesos (P 0,000} Exception The Rule on Summary Proceedings shall not apply to 2 ivi case where the plaints cause of action is pleaded in ‘he same complaint vith anather cause of action subject to the orinary procedure. Nor sit applicable to a criminal case where the offense charged § necessary related to another criminal case tutjeat othe ordinary prosedure Prohibited Pleadings: 1. -Motion to diamiss the compsint or to quash the complaint or information except on the ground of 3) Tack of juradcton aver the subject mater, of fale {ecorply with tne preceding section;[ATENEO CENTRAL BAR OPERATIONS 2019 REMEDIAL LAW ‘ator fora bilof pariedare, Notion for new al, rf teconsideraton of judgment, or for reopening fi Pelion fr rele from judgment; Motion for extension of time to fle pleadings, aidavts or any other poper Memeran Pelion for cerorar, mandoms, or probit against any ileroclory order ieee by he our: Notion to declare te defendantin data Diatory mations for estpanement Rely Third party complaints: and Interventions Appeal: ‘The jidgment or nal erder shall be appslabe tothe spproprisie Regional Tal Court ‘The decision ofthe Regional Ti Court in il cases governed by thie Rule, ncusing fore en and unit detainer, shal be immediatly executor, whout preusicn to rth eppea that may be taken terahom, (Gn mation of the prevating psy with notice othe adverse pany fied inthe tial cout whe thas jusdicton over the tase and iin possession of either the orignal cord th record on appeal, a the case may bo, at bo time of the fling of such mation, sid court may, ints cretion, ‘tder execution ofa jodgment or final der even before ‘he explain ofthe period to appeal Aer the til court hes oat istiebon the movin for execution pending ‘appeal may be fled in the appelate cour. Discretenary ‘execution may only rue upon good reasons lo be sated ina pecial order after due nearing. (Rule 98, Sexton 2) ‘TOTALITY RULE mere there re several dims or causes of acton botween the same oF ciflornt parts, embodied in the sama comalsin the amount ofthe demands shal be the totaly ofthe claims in al the causes of acto, srespective of whether the causes of acon arose ut ofthe same oF Giferent-wansaclons. (BP. Big. 129, Sec. 33; Pntanco Noch Express. Standard Insurance, GR. No 140746, 2008) ‘The Jurssetional Amount Excludes: 4. inlrest 2 Damages of whatever king 3, Allomey’s fees nd “gation omperses and coals (Exceal where demogesinteret i the main couse of aclion or eat treo. in whien case, the amount of damages and interest sal be inchused i the jurislevonal ‘mourn In smal claims cass, the along amounts are excluded in determining jarisalcional amount 4. Interest 2. Coste OTHER CONCEPTS IN JURISDICTION Intracorporat cases Not every allegation of raud dane in a corporate sting or perpetrated by corporate officers wil rng the case within the special commercial cours jurisdiction. There must be ullelent nexus showing thatthe corporation's nature, tutu, or powars were used to feiitate the fraudulent deviea of echeme. In cates governed by the Interim Rules of Procedure on Ina-Corporate Contoversies, 2 bil of pareatars is 2 ‘prohibit pleading is exventalfor the complaint to snow ‘ct the complainant wiehes to voke tha courts special commercial rsdn, (Oscar Rayas v. RTC Moka, GR No. 265744, 2008) ond of topic —ATENEO CENTRAL BAR OPERATIONS 2019 REMEDIAL LAW CHIE PROCEDURE inet denial and Wresh-period ‘TOPIC OUTLINE UNDER THE 2019 SYLLABUS * PP estdpments and nal orders subject to appeal A. General provisions (Rule 1) »b, Matters not appealable; available 2 Cause of ation (ule 2) remedies (C Barties to civil ations (Rule 3) & Doctrine of nalityimmutabitty of 1. Venue (ule 4) judgment E. Pleadings (Rule 5) 4. Modes of appeal trom judgments of final 4. Kinds (Rule 6) ‘orders of various cours (Rules 40, 4,42, 2, Pars of plaaing (Rule 7) 43, and 48) 3. Manner of making alegatons (Rule 8) Period of appeal 4. Effect of alure to plead (Rute 3) IL Perfection of appeal 5. Amended and supplemental pleacings (Rule ii, Teaues tobe raised 10) ©. Review of udgments or final orders ofthe &. When to file responsive pleadings (Rule 11) GOA, COMELEC, OSC, and the F. Fillng and service of pleadings, judgments, final ‘Ombudsman ‘orders, and resolutions ‘i Roviow of judgments of final orders of TT Rules on payment of docket fees; effect of ‘quasijudilal agencies, ror-payment Dismissal, renstatement, and withérawal 2 Rules? of peal 6. Summons 3. Potition for rai from judgment (Rule 38) {1 Natute and purpose of summons in relation to 4. Anmulments of judgment (Rule 47) ‘etlons in personam, in fem, and quastin rem ‘5 Collateral atack on judgments 2. Rule td Execution, satisfaction, and effect of judgmonts ‘Rue 39) 4 tn genera (Rule 15) 2. ation to demise (Rute 16) 5. Motion for il of particulars (Rule 12) Dismissal Pretrial (Rule 12) Intervention (Re 19) Subpoene (Rule 21) ‘Computation of tim (Rule 22) Modes of discovery 4 Deposttions (Roles 23 and 24) 2. Imteregatories ta parties (ule 25) 4 Admission by advereo party (Rule 26) 4 Produetion or inspection of documents or things (ule 27) ‘5. Physical and mental examination of persons (Rule 28) 6. Rosato comply wih modes of dlacovery (ule 25) “ral Re 30) Consolidation or severance (Rue 31} Demurrerto Evidence (Rule $3) ‘2c, not oniy a6 tothe absent parias but even a those present (MISS v. Cour of Appeals, G.AL No. 126000, “008) ‘wen an indispensable ary isnot before the cour, the action shoud be dimissed, However ought emiaeal's hot the immediate remedy for falure 10 imslead an indispensable party, partes may be cropped or added at ‘any stage upon motion of any party or on courts oon Inte; only when the order ofthe cour to implead an lndspensabie party goes unheeded may the case be missed. (Rano, 2044p. 279) In an acon forthe cancelation of memorandum annetated al the back ofa certfcate of tl, the persons caneldered fas indepensatie Include those whose lene oppesr 2° ‘annotations pursuant to Section 108 of Presidential Deco (PO) No, 1529, The reason behind the compulsory lender ot ncepensabl partes i the compete determination of fai possible issues, ‘pot only between the parles thomsolves but eso as regards other persons whomay be affected by the judgment. (Cisologo v. JEW Ago, 6.8 No. 196894, 2074) NOTE: While the genera uo is hat joiner of pares is petmissve, Rbecomes compulsory when the one iavlves % an indepensable party Necessary Party Arnecessary paty Is not an incepensatle pary. He bs ‘ough tobe joined 28 a party if COMPLETE RELIEF Is 19 be accorded 5 to those already partlos: he should be Joined whenever posse. “The non incision ofa necessary party does NOT prevent the cout rom proceeding in the ation andthe judgment rendered therein shall be wihout pejce to tha igh of ‘uch necessary pany. (Agro Conglomerates, Inc. v. CA, GR No. 117600, 2000) Distinction between anindispensable anda Necessary Party Inalsponcable Party Neceasary Party Must be joined under any| Should be and all conditions| whenever possible yond Page 350483ATENEO CENTRAL BAR OPERATIONS 2019 REMEDIAL LAW No final decree con bed in] Atal Gace can bot) caso of absence | despite aosence (aro, 20, p 289) Duty of a Pleadar Wnen a Necessary Party is NOT Joined: 4 Setfort the name of the ead necessary party, known; and 2, Stata the reason why the nacossary pary/s omitted (Rule 3 Sec. 9) NOTE: Ifthe reason given for the nominder of the ocessary party is found by the cout o be unmertorous, 'may order the pleader to join the omited pty i Jueditlon over hie person may be obtained. Fale to ‘comply with such order without jsiiale cause shall be ‘Seemed 8 waver of th calm against sucn pay. (Rule 3, Sec.9) mer the obgation ofthe paresis soar, eter of the partes is indispensable, and the other isnot even a necessary party bocause complete relief is evalaba rom tier. (Cerezo. Tuazon, GR. Ne, 141838, 2004) Representatives 2s Parties Even whore the acon is allowed to be prosecuted or defended by a representative party or someane acing a a Feucary capacty, the beneisary shal be Inclugod in the lil ofthe case ana shall be deemed lo beth real partyin Inert (Rule 3, Soe. 3) NOTE: Impleeding we benefiiay se 9 party Is mandatory. The sitemey in fact of the principal paint fled the complaint in hi residence An allorny in fats not 8 2a ary in interes. Hens, his residence is imate. A real ary in intrest isthe party who, by the substantive aw hoe the igh sought to be enforced. Nowhere in Rule 3 See. 3 15.8 stated of imped that the reprocentatve i= Towse deemed as the real partyin inerest. The Rule simpy states that in actions which ore alowed to be rorecuted or defended by 9 represeniave, the Deneiary shal be deemed te rol party i interest ana ene, shoul be incloded in the tile ofthe case. (Ang v ‘og, GR. Ne, 185903, 2012) {Uf «complain i fed for and in behalf ofthe pint (by fone} who not authorized fo 60 0, the complaint not doemedied. Anunautnorized complaint doesnot produca Diy Tegal efec. Hence, ha Sour Souls damiss We ‘complaint onthe ground that thas no judsdition over the ‘complaint andthe paint (Paimisno Salvador v. Angoes, GR No. 171298, 2012) Grandchieren-nie wl ony be dacmed io have 2 material inlerest over the subject land - and the rest of the decedent's estate for thal mallee ~ if the right of represestation provided under Artzle 970, in reation 10 ‘cla $82, ofthe Civd Code fs svallabe to them. In tis sluaton, epresenatves wil be ealed to the succession by the law and not by the person represented and the reoresentaive does not succeed the person represented but the one whom the person represeniad would have succeeded (Ang Pacune, .R-Ne, 206928, 2015) Indigent Party ‘A party may be authorized to iigate a8 an indigant the court is eased that the party is one who has no menoy oF propery euifiient and avalabe for food, sholler and basie necasstos. ‘Te epplization and the hearing Itgart may be made ox pat. gate as an indigent tones authorized to Higa 98 on indigant, such autheriy shal inlude an exemption from the payment of docket fees, end of tanscrips of sonographic notes, which the court may arder tobe furished by nin However, the amount ofthe decket and other aw ees, \ahich te Inaigont was exampt tor paying, shall be len fn the judgment rendered in tho ease favorabie'to the indigent. ‘Aon onthe judgment shal not arise ifthe court provides otherwise, (Rule 3, Sec. 21) \ymen an appicston to gate ae an insigentitigant Is fed, the court smal determine i he appieant complies vih'te income and property Standards presced inthe present Section 19 of Rule 141—tat i, the appicant’s [705s income and that ofthe applicants immediate fry do not exceed an amount double the monty minimum ‘wage ofan employee: andthe appicant does not oun eal property with a fer market valve of more than Thee Hundred Thousand Pesos (PAP 300,000.00). Ihe ia cout finds tht the applicant meets the income and. property requremente, tne sulhony to ligne 25 incigentigant i atomavaly granted and he rantis 8 rater of igh. However, te a cou ds that ano or Page 35 0f483ATENEO CENTRAL REMEDIAL LAW ‘th raquvarmanta hava rot boon met an B woud Gata hoaring to enable the pplcant to prove that the applicant has ‘no money or property sulient and availabe fr food, shelter and basic necessties for hmlf and hs fay.” (Spouses Algura v. Cy of Noga, GR. No. 150135, 2006) Only a natural party Itigant may be regarded as an Indigent Wigant (Re Query of Me. Roger C. Provesch, AM No, 08-5:.8C, 2009) Alternative Defendant Where the plait eannot deftly kentty who among wo or more persons should be imploaded a 2 defendant, he may ja all of them 2s defendants inthe allomatv, although aright orale aganst one may be inconsistent Wit 8 ght ofr against th ater. Rule 3, Sec. 13) ‘General Rule: Husband and wie shall sue or be sued joc Exception: When the gaion pertains tothe excusing property of spouse or when theres abendonment ule 3, Sec 4 Minors or neompatents 38 Parties ‘ suit may be brought by OR against @ minor or incompetent but with te assistance of his parents or hie ‘guardian. (Rule 3, Sec. 5) 2. DISTINCTION BETWEEN REAL PARTY ININTEREST ‘AND LOCUS STANDI ‘A real party in interest isthe party who stands to be enattad ornare bythe judgment in te sult oF he party entled to the avals of the suk. Unless thence authorized by law oF these Rules, every ation mut be prosecuted or defended in te name of the real party in Imre. (Rue 3, See. 2) Legal Standing or locus stands the ability ofa party to emensirate tothe court sufiiant conection to and harm from the low or acon challenged to suppor that pary's Pteipation inthe ease, (White Light ¥. Cy of Mons, GR No, 122845, 2008) 3. COMPULSORY AND PERMISSIVE JOINDER OF PARTIES General Rule: Joinder of parties i not compulsory, but marly permissive, Brcaplion: When Tralee to onder of Waepencabls aries. Rule 3, Soe. 7) Regulates for Joinder of Parties: 1. The ght io rebel should aise ou of the SAME transaction or series of ranactions; end ‘Thal thre exits 8 common question a lwo fact NOTE: Same transaction means that t pertains to trancscton connected wih the same subject mater ofthe NOTE: Tho plaintiff i mandatod to implead all the Indlopenssble partes, considering thatthe absence of one ‘such party renders all subsequent acons of te court ru and void for want of autheriy to act net ony 2s to the ‘absent pares, but even asto tose present. (Rlano, 2014, p28) 4.IMSJOINDER AND NON-JOINDER OF PARTIES 1 party ie MISJOINED when he i made 2 party tothe acton athough he should nob inpleades. [A prtyis NOT JOINED when he is cupposad to be joined bulls not impleaded in the acon Netter ofthe to a ground forthe sisal ofan action, 195 arias may be epped or added by order ofthe cout (or on moton of ery pary OR on its one inatve at any ‘lage othe setion anon such ters ae rest In contrac, a msjinder of eause of ection, the court can ‘order severance. Tare fs no ue en conection. (Rule 302.13} NOTE: However, the flue to obey the order ofthe court to drop or add 2 partis @ ground forthe dismissal ofthe complaint, because itis a dscbedience to the order of a court 5. CLASS SUIT ‘Aciass suits an action where one o more may sue forthe Dono of all ifthe requisites for sid ton are complies wth ‘An acon doesnot become @ loss sit merely because t is cesignated as such nthe pleadings: depends upon he attendant facts. (Banda v. Emmta, GR. No. 166620, 2010) Requistes of a Class Sut: Page a of 83ATENEO CENTRAL [BAR OPERATIONS 2019 REMEDIAL LAW 7"Sitject matter of he convoveray atcomman or general interest many persons: Persons ae So numerous thats impracticable to join alas partes ‘The pares setualy belo the cour are suicienty numerous ané representative. and ‘The representatives sue or defand forthe beni of al. {duana Complsr | Homecaners Associeon v.FivEstate Land, G.R. No, 152272, 2012) ‘The subject matter ofthe complint Is of commen snd ‘general inereat not justo several, but 9 alltizans of the Philpines. Consequenlly, since the partes are 50 numerous, becomes inpraceala, if net totaly impossible, 19 bring al of them before the court. We Howse decare that the plains tern are pumercus and repesentave enough to ensure tha ful protection of all concemed interests. Hence, al the requis for the fing ofa va cats sil under Seton 12, Rule 3 of he Revised Rules of Cour are present both in the sad civ case and in the instant pln, the ltr being but an Incident to te former. (Opose v. Factoran GR. Ne. 101083, 1993 Common Interest {As a requis for a class sult to prosper, common intorst in the evbject mater (e.g. money, land, chal) ofthe Iigation is required. dos not pertain to the delet oe wong cornmitod by the defendant. ‘Adequacy of Representation tn éelermiing. the question of fer and adequate Fepresentaton of members of a clas, the cout must consider: ‘2 Whether the intrest of the ramped pany is coestonsive wit the interest ofthe other members ofthe class , The propotion of those made a party, 28 itso bears, to he total membership ofthe cass: and Any other fcior bearing onthe ably ofthe named Dery to speak for the rest of the cass. (Banda v. Ena, GR. No, 106520, 2010) 6. SUITS AGAINST ENTITIES WITHOUT JURIDICAL PERSONALITY \inen wo or mere persone not organized as an erty with |usccal personaly enter nto @ Wansacton, they may be sued under the nome by which thoy are gonerally oF oman known, Tndar tha sama provalon, bo eaponsive pleading OTS ently sved must gloss the names and adaresses ofits rmombor since they are tne persons ulimetly Habe tothe pian. (Rule 3, Seo. 15) NOTE: These entities may be a defendant but not 8 Blaintif asthe provision states "may be sued 'An unicansad foreign corpovaton doing business inthe Philpgines cannot eve before Prine cours. On the ther hand, an unloenses frsgn corporation nt Song business in the Philppines can sue before Philippine ‘outs (Van Zuidenv. GTVL, GR. Ne. 147905, 2007) In sults where an agent represents pty, the principal is the real portyn-inierest, an agon cannot le osu nis ‘nn name on behall of he principal. The agent, howeve ‘may 20 oF be suBd solely In ts awn namo and witout jsining the principal when the folowing slemens concur (§yAgert acted nis own name during te transaction, (2) [Agent acted forthe benefit ofan unceelesed principal nd {@) Transaction cd nat invelve the prope ofthe pencnal In this case, only the ist element Is present A Corp, therefoe, doesnot have he capac to sue because being in this case. (V-Gent v. Moming Star, G.R. No. 185205, 2018) 1. EFFECT OF DEATH OF PARTY LITIGANT ‘The death ofthe cfent exinguishes the sttoney-cont relaonehip and vests @ coun! of hs authority to reprezent ta cient neither doos Ne become the counsel ofthe hie of the deceased uness said hairs engage his Whenever a party to # pending acon ses, and the claim Ie nat thereby extinguished, N ahall be the duty of is couneal = 4. Inform the coun within they (30) days ater such death of he fact thereof, and 2. Give the nama and edéress of hi legal representative lor representatives. (ue 3, Sec. 16) Failure of counsel to comply wih this duty shall be 8 ‘round fer scipinay ston. ‘The hake of the deceased may be allowed to be substivied for the deceased, wihout requting the ‘epeiniment of en executor or administrator an the court may apponl a guardian ad lam forthe miner hes, (Rule 3, Sec. 15) ge a8 483ATENEO CENTRAL {BAR OPERATIONS 2049 REMEDIAL LAW ‘The purpose behing hie rule i he protection ofthe right to due process of every party to he Higaton who may be feciod by te intarvering death The deceased liga is nasa or hime” protected as helshe coninves to be properly represented inthe eilthrough the duly appointed legal epreseniatve of his esate, Duty ofthe Counsel upon Death of Hs Client \Wmenever a party to a pending action dies tis the duty of the counse! of tbe deceased party to inform the cour of such fotwthin 30 days ater such death Counsel also has the obligation to give the name and adress ofthe logl representative of he deceased: ‘Such duty lg MANDATORY and fale to comply sa (ground fo disciplinary acon Actions ofthe Court upon Notice of Death Upon ecnipt of the notice of death, the court shall determine whether or not the clan is exingabed by auch death Examples of claims NOT extinguished by death are: +1 Recovery af eal and personal property against he Enforcement of ens on such properties: and Recover for an inary to person or propery by reason of totter dat commited bythe deceased (ono, 2044,» 280) Rules in Cases whore the Action Survives Death ofthe Pany Contractual Money Claim Plait ies Plant's heirs or legal sepreseniatves willbe substitu for him and case wl proceed, Before entry of final judgment ‘The case shal rol be diamiseed but shall be allowed to sontinve unt erry o fia judgment Rule 3, Sec. 20) “Tne judgment faverble to the plan shal be les as ‘| money cli against the estat, Alter entry of final judgment but before execution Fie odgrantsa Gaim agarattne oeate Tho pit ‘cannel move i execute under Rue 59 [ter evy or execution but before auction sale Tne property actually sold may be sold for the satsfacon ofthe judgment obigation, (Rule 3, See, Ted Non-Contractual Money Claim Substitution of partes Hf the deceased left an heir and the claim is not extinguished by death, the hel may be alowed to be ubsttuied Yor the deceased wihout need for an appointment ofan administrator or executor. Senice of surnmons is NOT necessary to effect such subettiton ae” the court shall order auch legal represeniatve to sppear and be subsituied for the ‘decanted within tity (3) days trom noice Requirement fr Substitution ‘Substtuton ofthe doceased by his rpreseriatve or heir Is efectod by the order of substitution and is sence, and ret by the amenément of he pleasing. Nor-compliance wit therule on substitution ofa deceased party renders the proceedings and judgment of the vial ‘outinform, because the tal cour acquired no jurisdiction ‘over the persons of the logl representatives oF the hers ‘on whom the til and judgment would be binding on. (@eioso v.RisMariano, 6. No. 132765, 2003) |When Formal Substitution s Not Necessary Foimsl subetsion of hairs is not necessary when the hos themselves vluntaly appeared, parcated inthe case and presented vidence in defonse of deceased delendant. (Vo, de Salazar v. CA, GR, No. 121540, 1995) ‘The rule on substtuion by hes iS nolo matter of jursdcdon, but 2 coquiroment of due process. Non- ‘arplince with the Rules reeitsin the denial of he ght to due proces forthe neks who, dough not dlynetties ofthe proceedings, would be substanialy affected by the ‘cision rendered therein, Thus, Ris ony when thee is 2 Ceri of due process, 35 when the deceased i not represented by any logal representative or het, that te court nulls: the. ial proceedings and the resulting Judgment therein. (Saraba v. De Te, G.R. No. 175910, 2009)[ATENEO CENTRAL BAR OPERATIONS 2019 REMEDIAL LAW ‘hare tha decaaeed hae no hole, fe coun shal aque the appomiment ofan execu: or edminitrato the he isa mice, guareon ad Mem. (RUG 3, Sec. 16) No. proference fer legal representative of the ‘The heirs may be alowed to be substuted for the deceased without requting the appointment of an scminisratror executor, However ihn the spec Period a lego representative fais 0 appear, the court may ender the opposing counsel, within 2 specified Perle, to process the appointment ofan administator txoculor who shalimmeditaly appear fr th estate of the decaboed (San Juan . Cruz, GR. No 167321, 2008) It Is Possible That the Court May Order the Opposing Party to Procure the Appointment of an Executor of [Administrator for the Estate ofthe Decoased When: 1 The counsel forthe deceased dees not name 2 log representative; or 2. There isa representative named but he fais o appear vith the specie period, (Rue 3, Sec. 16) Al court charges In procuring such appointment, if Setrayed by te epposing petty may ve recovered as cost, (RUB 3, Sec. 17) Death or Separation of Party WhoIs @ Public Offcor Requisite: 4. salsfaciry proof by any party that there is Substantial need for continuing of maintsining the 2, the successor adopts or continues or treatens 10 ‘adopt or connie the ats of oF hor predecessor, 2. the eubstiton must be elected within 30 days ater the suocessor assumes offee or within the te graried by the cour: and, 4, ales ofthe apples tothe other pat. (Rus sordna, OR. No, 141834, 2007, P.VENUE 4. VENUE VERSUS JURISDICTION VENUE is the piace, or the geographic! aea where an acon isto be fed ad ted. (ana Reread Company v. ‘Atomey Genera, GR. No. L-7688, 1912) “TORISDICTION re the power and autrty ae Wounal to hear, ty and decile ease. (Vanerecion v. Mancile, GR. Mo, 158298, 2008) Comparative Table: Venue and Jurisdlcton JURISDICTION |The place where the case e to be hoard or Wied (@3., |The authority to hear and Regional Trial Court_of| determine a ease Makati Cry or Quezon Ciy) ‘Amater of procedurat tow | Tatter of substanive By Estabishes | 2 relator | establishes relation amc” panos,» aon Strano ptnr ang aaa cou en reson May be conferred bythe or agreement ofthe parios (04. the paries can incode the folowing stipulation in a contract oflease: "incase ot tsosteatsing. trom hs feonvact, pary shall le a Sunt wih the Regional Tal Cout of Pasig City" OR “In case of dispute arising fom | this contact, 2 pary shal fle a suit exclusively with the Ragional Til Court of Pasig iy” Fed by law anc-eannot be conferred by agreement of the pares Not a ground for @ motu|Lack of juris over proprio dismissal (except in| the subject mater is 2 ages subject to Summary | ground fora motu proprio Procedure) Semisal May be waived ony in ev caves. In criminal cases, | Cannot be waved venve is jurisltiona, Venue Analysis ‘The fet stp isto detain whether the ation is persoral real 2. VENUE OF REAL ACTIONS. Venve is local; hence, the action may be commenced and ted Page 1.0163ATENEO CENTRAL REMEDIAL LAW iv proper court wich Fas fredcion over the orem wherein he real propery involved, or parton thereat, Stvaled, orcible entry and detsiner actons shall be commenced and ted inthe municipal til aur of tre municipality or ly wherein the eal propery involved, oa porton thereat i siuated, (Rule, Sec 1) '. VENUE OF PERSONAL ACTIONS Vonuo is Transitory. Hence, the Action May Be 11 Where the painter any ofthe principal plintits resi: 2. Whore the defendant or any of he principal Selendaris resides: of 8, Inthe case ofa non-resident defender, whare he ‘may be found, All atthe election of the PLAINTIFF. RESIDENCE means physical actual habitation or actual residence or place of aboda, (Fula v. CA, G.R. No. L- 40502, 1976) yinetoer permanent cr tomporary 28 long hhe resides wits contully end. consistency therein. (Dangwa Transportation Co ¥. Sarmiento, GR. No. L- 22788, 1977) ‘when there is mote than one paitifn 9 personal acon cate, the residences ofthe rina paras should be the bass for determining proper verve, According te Justice Feria, the werd principal has boon faded in order to prevent the paint am choosing the residence ofa miner plant of defendant as the venue.” Eliminate the qualifying term “pncipal and the purpose of the Rule would be deleated where a nominal or formal ary i inpleades i the aio sce the latter woud not have the degre of interest in the subject of the ection ‘which would warrant and enial the desirably actve portipaion expected of Iigants ina case, (Morcos: ‘rane v, Cam GR. No, 154098, 2008) ‘As regard he venue of dervaive sus, Section 5, Rule 1 of AM. No. DY-2-04-5C states: SEC. 5, Venue. All acions Covered by those Rules shall be commenced and rid in the Regional Trial Cour, which has jurteéeion over the tincpal office of the corporation, parership, or fssociaton concemed, Where the pncipalofce of the Corporation partnership of association s register in te ‘Secviies and Exchange Commission as Metro Mania, Te salon munibe Red ne ay or munlopaly where he head office slcsted. (HViet Realy, Inc. v. CA, G.R No, 166863, 2008) Based on the allegations of the complaint, the respondent seeks the nulfestien of promissory notes, omining surely sgreements, checks and morgage sereements for being executed against ther wil and ‘tated by raquo, not the recovery of tho possession ‘rile tothe propertes burdened by the mongoges, than ‘he acon s personal n nature and noteal, therefore, the ‘rope venue would be governed by Rule 4 Secton 2) of ‘he Rules of Coun (BPI v Hontanasas, G.R. No. 157163, 2014) 44. VENUE OF ACTIONS AGAINST NON-RESIDENTS Wt Defendant Does Not Reside But IS FOUND in the Philippines Whar itis @ personal action, the action may be commenced and tad in he cour ofthe place where the plait resides or where the defendant may be found {G.I the defendants US. resident, buts vacation in ‘Makati, summons may be served on defendant in Maka), Wf there ore sever! defendants, but one of thom Is. 3 resident of a nonresident but can be found in the Philippines. the acion may be commenced where the Paint resides or where the resident efendentresdes Where the nonresident defendant may be foun When'tis areal acon (e., recovery of real property). the ‘ation may be commenced where the property or ny portion there is situated or found, 41 None of the Defendants Reside In the Philippines ‘and None are Found in the Philippines Winer he action affcts the personal status of the Pisin, he action may be commenced ond Wied i the our af ine pace where the paint reices, when the scion fects the property ofthe defondant locate in he Phippnes, tne action may be commences ‘where the propery er any portion theret is stuated or found, ‘The proper venus In an action for revival of judgment depends on the determination of whether the present action or revival of udgient is areal ation or personal ‘eton, The allogatons in the complaint for evial of hgment detemsne whetheritis areal actin ora personal ‘2ton, (none v. Avan Bulers,G.R. No. 158596, 2006)ATENEO CENTRAL BAR OPERATIONS 2010 REMEDIAL LAW 5. WHEN THE RULES ON VENUE DO NOT APPLY The tues on venue ae not applicable in any af the fatowing cases: {Whore aspect ul low provides otherwi: or Winer the pales have vlly agreed in wring bofore the flng ofthe acon on the exclushe venve threo (Rule 4 Sec.) Fist Exception: Where a specifi rule or law provides otherwise, Venve of Derivative Suits Regional Talal Cour which has jurisdiction over the princpsl offce of the corporation, partnership, or {ssoclaton concerned Where the principal ofc ofthe corporation, partnership or astociaon is registered inthe Secures and Exchange ‘Commission a6 Metro Marla, the action must be fed in ‘ly or municipality where the head office ts located. (Pale 1 ef AM. No, 012-04-SC, Secon 5) Venue of Action of Nulity of Martlage where their conjugal home is located. Venue of Adoption ‘Where the prospective parents reside, Venue of Probate Wine decedent died in the Philippines: Where the deceased iat resided ats tim of death, Ir the decedent died sbroad: In any of he province where he has prope. Wit of habeas corpus on residence of minor General Rule: Regonal Tat Court whare the minor is supposed tobe found. Exception: When place Is unknown er minor cannet be found, it can be fled in the Cour of Appeais or the Supreme Court. ‘Second Exception: Where the pares have val agreed in wing belore the fing of the acon on the excise venue tereot, Example: incase of dispute arcing trom this eonrac, 2 party shal fle 28 exclusively withthe Regional Tal Court of Pasig Cyto he exclusion of al ether cours Venus of Libel General rule: 1. The erminal and cul action for damages 2, Ineases of writen defamations 5: shallbe ted smuitaneously or separately withthe RTC of the provinee or ely where the Tibelous ate is printed and st published or b. whare any ofthe offended paries actually resides at the te ofthe commission ofthe offense, Exception; 1. Where one of the oended pati isa pubic offcer whose ofa iain the Cy of Manisa het ofthe ‘commission ofthe ofene, the acon shall be Med in tne RTC ofthe Ciy of Mana, o ofthe ly oF province where the libelous artes pines ae fst puished In case such publ fee does nat hol office in the City ff Manda, he acon shall be fied inthe RTC ofthe Province or cy where ha hed ofes a he time ofthe Cornmisson ofthe offense or whore the Ibelous atc is Printed and frst published. the action shall be fled in the RTC ofthe provineeor Gly wars he actualy resides athe tie ofthe commission Gf theoflense ar where the Hbelovs mati i panted ane ‘rt pubished. (Revsed Penal Code, At. 360) Note: The ci action shells fled inthe ame court whore the ciminal action f fled and vee versa (Revised Penal (Code, Art. 30), Note: The cout where the einal ation orci ston for damages is fst fled, shat acquire juridicton to the clusion of other cours. (Revised Pens! Code, Ar. 360) 6. EFFECTS OF STIPULATIONS ON VENUE “The Stipulation on Venue Must Be: 1 inwiog, 2, Made befor the fing of the action: and 3, Exchisive as tothe venue. ‘The mere stipulation on the venue of an action is ot rough to pralude pares fam bringing 2 case in other venues. In the absonce of qualifying or restrictive words, the sipulaton should be deemed 88 merely on ‘grbemant onan ational orm, 10% a5 lmting venue the spociied place. (Spe. Lanun v. Lanton, GAL Ne. 150058, 2008) Page 42 of 48[ATENEO CENTRAL REMEDIAL LAW Examples of quatiyng or restive words: “exclusively” and waiving fr this purpose any other venue," “shall only’ preceding the designation of venue, Ya tho excsion the other cars," or words of similar import. (Auction in Matta, nev Luyabon, 6. No. 173979, 2007) Excisive venue stipulation embotied in contact resviets or confines panies thereto ONLY when the sut felates to breach of sald contract. Sinco the chor {causes of action in potitone’s complaint donot relate to the breach of the agroement i forged embodying the exclusive venue stipulation, they should rot be subeet to {he exclusive verve. The stpuaton should be sticty confined to the speciic undertaking of agreement. (Uninide v. Cruz, GR. No. 171456, 2007) If te complaint wes essaling the valdty ofthe written instrument tse the pares should not be bound by the exclusive venve stipulation contained therein and shoul be filed in accordance withthe ganeral ules on venue It ‘would be inherently Inconsistent for 8 comin ofthis nature to recognize the exclusive venua stipulation when infact, precisely assallsthe vali ofthe ineument in wich such stipulation i contained. (Diianes v. Court of ‘Appeats, GR No. 204444, 2018) {A restctve stipulation on the venue of ations contained ina promissory note apples to the surety agreoment ‘Supporting, because the nature ofthe two contacts ond ie focal crcumetancee surrounding ter execution re mirivined of interconnected. The surely agreement is moray an accessory to the principal Joan agreement bole ine promissory note. Hence, the enforcement ‘ofthe former depends upen the later. (PSCOM v. Lin, GAR No, 188138, Api 12,2005) “The siptlation of venues 38 executed by the partes does rot apply to 9 Peition for xrajcldel Foredosure because the provisions of Rule 4 pertain to venue of factors, which an extrajudicial feraisure is, does not anton the stpuaton of venues. (Ochoa v. Chinabank, GR. No, 192877, 2017). \Wnere venue stipulation finial —vslates public pty (Sweat Lines v.Toves, G.8. No. -37750, 1978) Waiver of Venue ‘The rund of impropey lad venue must be raised eazonably, else it is deemed welved. Where the defendant faleg to ether fle a motion to dames onthe ground of improper verwe or incude the same as an ‘iiratve Seer, he Ts dewrned Wo Nave WaWeG TR, {objec to improper verve Inthe case al bonch,poitones raised atthe earliest tne possible, mearing “win the tne fr but Before fing the ‘answer to the complain.” the matter of improper venue, (Marcos-aroneta v. Court of Appeais, GR. No. 154096, 2008) ‘Venue fora ease for revival of judgment The proper venue depends on the determination of whether the present actlon fr revival of fudgmentia real ‘ton ora personal action. Appyng the afore-qoted rues fon verve, i te action for revival a judgment affect tle {ocx possession of eal propety,o interest herein then {areal acton tat must be fled withthe cou of he place ‘ete th ral property Is lostag, euch acon doos nat {all under the category of el actos, its then a personal action that may be fed wih te court ofthe pace where the plait or defendant oxides, (vane v. Aran Builders, GAR No, 158896, 2007) E.PLEADINGS PLEADING The weiten statements of the respective csims. ond Gelerses of the parce. submitted to the court for ‘ropa jucgment (Rule 6 Soe. 1) MOTION ‘An application fore other than by 2 pleading. “Thomules that apply to pleatings shal sso apply writen rotons so far a concerns espion,deslgnaton, signature, nd over mates of frm, (Rule 15, Se. 10) PLEADING MOTION 15 @ submission of daims|ts an application for an Jor cofonees —for|order nol ineuded in the appropiate judgment [judgment ay be intatoy [Cannot be intitory 8 motions are mada in a case teady led in cour cst be writen Way be ora when made fn [open court orn the course { of shearing or tat Page «80489ATENEO CENTRAL AR OPERATIONS 2019, REMEDIAL LAW ater judgment PLEADINGS ALLOWED BY THE RULES OF COURT: 1 Complaint 2. Anawer 3. Coumtertsim 4 Croeecaim 5, Third eurh, ete. party complaint 5. Complaintinintervention 1. Reply 2) COMPLAINT ‘Te complains he pleaing alleging the paints cause cor causes of action, The names and residences ofthe Diailif and defendant must be sled in the complaint (ue 8, See. 3) Db) ANSWER ‘An anawer is pleading in which a defending party sols fornia defenses. (Son 6, le 4) may be an answer to compli counterclaim or 8 crosecaim. Defenses (1)NEGaTIVE DEFENSES Negative defenses refer to the specife denial of the ‘materi ato facts aagedin he plating ofthe csimant ‘ssantl to his couse or causes of action. Ceniasin the answer must be epee or based on a lack cl inforationsuflent te form a bel a to the tush of ‘he aegaton nthe complain. ‘Specie Danial ~ A specie dria is made by epeciving 280) material allegation of fact. the th of which the elendant does not admit and, whenever practeabl ‘s2ttng forth the substance ofthe matters upon which be relies to suppor hs denial. (UA vs. Watlem Philppinos ‘Shipping, nc GR. No, 171997 ly 11,2012) ‘The purpose of requting the defendant to make a specie dona s to make him alcose the mates aleged in the campsin which he succinctly intends to dsprove atte tral ogether wth the matter whieh he rood upon to ‘upon te dona (guiay ve Tbong, GR. No. T6BTOR, 2006) Folure 10 make a speciic deal wil be considered an ‘mission of tat parla allegation nthe complain. Denis! Amounting to Admissions: General Denk ‘Aganeral dena is one which pu in ss al the material {verments ofthe complain or peition, and permits the Sefendant to prove any snd all facts which tond to negate {tose svermanta or someone oral of them. (Loyola vs. House of Representatives Electoral Tibunal, G.R. No. 109026, 1994) (2) NEGATIVE PREGNANT Negative Pregnant Where @ facts laged with some qusliying or mosiying lengage, end tie denial i conjncinve, ‘nogatve pregnant exes, and ony the qualification or modtfetion fs danied, wile the fac ise admites. denial inthe form of 2 negative pregnant is an ambiguous slescing, ‘nce it cannot be ascertained whather its tho fact or only ‘he quolfeston that ls intended tobe deniod: (Goofa ¥ Noe Bon Sing, No. 22018, 1808) Example: A complaint, n par. 4 alleged thatthe plainttt was unable to lake cal possession of the property because of the “unwarranted adverse claim of rights of ciwnership and possession by tne defendant, aieging sale bya cariain Fe of eas property to defendant, which wus, had no right whatsoever to legally aspose the above desorbed property not being the onner thereol In respense, the answer of the defendant sttod: “The defendant denies the material averments contained in pat ‘4. the uth being, thal the defendant never asserted ts of Ciwnership tothe property deserted inthe complaint to anybody, much less 16 the herein pain vit of any deed of conveyance exeosted in favor af tne defendant by tne Fe, nor daimed any possessor right over the said property, ether by himself or trough another. ‘Te Court ld that here was 9 negative pregnant inthe doterdante reply, woh sto be construed as an implied ‘admission. Parca, when the plainti alleged that his Inatltoeke actual possession ofthe parcel of land due to 'an unwarranted adverse claim of righ of ownership tnd. possassion by the defendant” folowed by an ‘ilegaion of how auch claim wos. exerlsed, the leterdants denial le 22 to "he material avormonts Contained in por. 4 ofthe Complaint” canoines wh hisATENEO CENTRAL BAR OPERATIONS 2019 REMEDIAL LAW ‘acinar of dora or possonsary Agi Oe anor alleged in the complain. It thus appeared that he denied the avermonts in pa. #, ut he dd not deny the fect of ‘unarship and right to possession ofthe plenif.(Galola v. Nee Bon Sing, GR. No, L-220%8, 1968) 600s not quay 2a specific denial but is conceded to be actually on admission. (Fiano, Civil Procedure: A Restatement fort Bar, 2" 0, 2009} (0) AFFIRMATIVE DEFENSES: ‘An sfiative defense is an allegation of a new matter which, "while hypothetically adhiting the material allegatons in tho pleading of the claimant would nevertheless prevent or bar recovery by. him. The Sfvmative defenses include aud, state of Ftation, Felagse, payment, iogaliy, statute of frauds, estoppel, former recovery, cischarge in bankruptcy, and any other ‘mater by way of confession and avoidance, Before an alogaon qualifies 2s an affirmative defense, it ‘must be of such nature ato bar the pli fom eliming tn his cause of acon (Posane Animas Mongoo v. Pryce Properties Corp, G.R. No, 158474, 2005) ©) COUNTERCLAINS ‘Acountorlaim is any esi, which 9 defending party may have against an opposing pat When @ defendant files 2 counterclim against he pai, he Bocames the plaintifin the counlerim nd the ‘ginal plait becomes the defendant. ‘A counterclaim may be COMPULSORY cr PERMISSIVE, (1) ComPuLsoRy counTeRctam Elements of Compulsory Countertsim 4 Braes out of oris necessary connect withthe transection or octurence which s the subjec maller tte opposing part's ls: 2, does not reqie forts adjudication the presence of {hid parties over whom the court cannot soar Juisieion: {3, The court ns jurisicbon over the amount nd nature ofthe case, 4, Must be cogniasble by the regular cours of justice; 5, lis alroadyin existence atthe te thatthe defending paty les his answer Test to Determine Whether 2 Counterclaim is Compulsory or Permissive 1B the ese ol fac or aw raised bythe ean and the counterlsi trp the sare? 2, Would es jdleata bar subsequent sult on defendants claim absent he compulsory countecoim ‘ul? 3, Wil substantially the same evidence supporto refute plaintiffs dolm aswell asthe dofendant's counterclaim’? an ‘4 Is hore any logical relation btwaen the caim and te counterclaim’? Amati answers tote 9000 ‘eros indicate the existence of compulsory éountercaim. (See Financial Bulg v. FPA, 6. No 199179, 2000) Despite he lck of uration a the cout o sdueate on the counterciain, the same may nevertheless be pleaded In he same action, not o obtain affrmatve rte because ‘he court for wantofjusdion cannotd so. The purpose ‘would merly be as a defense to weaken the plaints ‘aim, (Macedav.CourtofAppesis, G.R. No. 83545, 1968) ‘A party who desires to plaad a compulsory counlrcain Should NOT flea motion to céamise he Res @ mation to miss and the complaint Is dismissed there will be no tance to invoke the. counterlaim. (Rano, Chal Procedure A Rastatament forthe ber, 2nd ed, 2009) 1A dismizeal of the compiint does mot cory wih it tho ‘ismissal of the counterclaim. Rule on Barring of Compulsory Countereaims General Rule: A compulsory counterclaim not intly set upin the answer is barred. (Rule 9, Sec. 2) Exception AA counterclaim not sot up because of the pleadar's ‘versigh,nadvertence, excusable neglect o when justice Feques, ray be setup, by leave of court by amendment ofthe plesdngs before judgment (Rue 1, Sec. 10, a compulsory countercaim matures or wae acquéed by {8 parly aller soring hie anewer, tho compulsory ‘ounloriim snot deemed bares ad may be pleaded by ‘ng @ supplemental answer or loading before judgment. (Rue 1, Sec 9) Difference between Countercsims fled in the Municipal Tal Court! Metropolitan Tal Court and in the Regional Teat Court: Page a5 0f 8[ATENEO CENTRAL AR OPERATIONS 2019, REMEDIAL LAW ‘Kcoontedin Wed in ie Wunlpal Tal Cour orn te Mtopoitan Tiel Cour must be within the court's Jursdetion both ast the nature ae to the amount ofthe ‘aim. ‘A counterclaim fled in the Region! Tal Court may be ‘Seamed compulsory regardless ofthe arpount butt must be whine pedition ae to nature Lean RTC cannot tyan uae dtainer case as a countess, but may take cognizance of 2 counerlsim invoWing n amount Delow ts jureieona heshold (i, smal amounts) The payment of docket fees for compulsory counter ienolonger require. AM. No, 04-2-04-5C which included the payment of docket feos of pemisive courerlans and compulsory counteciaims hasbeen suspended since September 2, 2004 by vivo of OCA Cul 95-2008. (@) PERMISSIVE COUNTERCLAIM | counter fs periseve I any of th elements of 2 compulsory counerclelm is absent (see above}. ‘The mast commenly tested feature of perissive ‘cauntersaim isis absence ofa loge coanecton with the fubject mater of te complain. (ntematanal Containor Terminal Serves inc v.CA, G.R. No, 90530, 1992) A pemisivecountrcaim doesnot necessary vise out ‘far ls not directly connectes wth the subject mater of the fist chim; Wt can be fled 2s = separate case ogether Thre i 2 need io pay fr dockat ees sinc it SS soon as a diferent acton altogether with dofendants becoming ‘pilin respect of seh counterclaim {Rilo v. San Jose, GR. No. 165395) “The counterclaim must be existing atthe time of the filing the snawer, though nota the commencement of the action fr under Seaton 3 ofthe former Rule 10, the tnurterclam or eoss-clim must be ane which he may have a tha ime” againe| the opposing party. (200 v. CA, GAR No. 160354, 2005) 1 te compulsory counterclaim ie by reason of an Unfounded sul then & may prosper even if he main Complaint le demissed. The cause of action of the ‘ounteriamant i nl elinsied by the mere dismissal of tha main complain. (Palla v, Globe Asiabque, GF. No. 207976, 2014) The fue that “he additonal docket fee therefor shall cantiute aon on Ue jodgrent applies ony to damages “ig ater he fig of ho complain or omar pleading, forthen twit be possible forthe claimant to speciy nor speculate as to fhe amount theret. (GSIS v. Caballero, GR No. 158090, 2010) Corticate of NonForum Shopping for Juve Entities Ins true that he power of corporation o sue andbe sued is lodged In the board of director that exercises ts corpraie powers. Physical acts of tre corporation, kes Signing of documents, can be performed ony by natural portons duly authorized for the purpose by corporate bye laws orby a Specie ct of the board af cirectors. (Republe Goalie int, GR. Ne, 161838, 2010) However, the flowing officals of employees of the ‘company can sign the vsieaton and caication without the need of a board resolution: (1) The Chairperson ofthe Board of Directors; (2) The President ofthe Corporation; {@) The Genera Manager or Acting Ganeral Manager (@) Personnel Offcor, an {6) An Employment Speciale ina labor case Thi is not an exclusive list. The determination of the ‘ufeioncy of the authority fs done on a case to cas bass {Pesos , PCG, G.R. No, 192394, 2013. CONPULSORY PERMISSIVE ‘COUNTERCLAIM ‘COUNTERCLAIM Thal be contained inthe] May be sol up a5 an ‘answer If nat get up it | independent action and wil | Shall be barre, fot be bored if not ‘contained in the answer to the complain. Tcl hata pleading | An iniatony pleading. aes not require | Should be accompanied by certification of "forum | a certiieaton against shopping. forum shopping and ‘whenever required by law, 2 cortiieate to fle acion Issued by Lupong L Tagapemayepa._ z campuleory | Must be answered by he Counterclaim that merely | pary against whom 1 Is reiterates special | Itorposed there, he elenses are deemed | may be declared in dtout ‘ontroverted even without | 2 othe countoraim, | aren. Page 460183ATENEO CENTRAL Tes Ta] The answer nual be meee ‘counterclaim are deemed | within ten (10) days rom ‘automaticaly joined by | seni. the algations of the ‘complaint which noed not be answered ‘ne which area ou or [1 does nal ate oof noe necessarly conmeced | 2 necessary connected wth the tansaction or | withthe subject matter of occurrence that isthe | the oppacing partys claim. subject mater of the cppering party's dai. No requirement for the | May —roque Tor Te presence of third parties | adjudication the presence ‘whom the court eannet | of tha partes over wham sequle jutdicion over | the coun cannot acqure {or ts adjudication, Jueicton. Not reauied Requires docket fess Faire lo angwer i nat [Must be anewered by Be (gound to be decared in| pay gains whom it Is etout. interposed. Otherwise, the arly may be declared in solaun () EFFECT ON THE COUNTERCLAIM WHEN ‘THE COMPLAINT Is DISMISSED The defending party has tho right to prosecute the counterclaim inthe same or separate action rnotwiistanding the lsmissl of ne complaint, and wiht regard as tothe permissive or compulsary nature of the Ccounterelim. (Rule 17, Secs. 2and 3) Three situations involving the effect ofa dismissal of ‘8 complaint on the counterclaim already sot up What contemplated In this stuaion is that the elendant does no fle a moton to dismiss. Instead, he Bes an nswer, wien ndudes a counterlaim, an Ulizes cersin grounds for a maton to dismiss 26 aimative defenses, During the hearing, the cout acids to dismiss tho complaint. The sisal o the complain shallbe without pejuice tthe prosecution inthe same or separate action of @ counters pleaded in the answer. (Fle 16, So. 6) ‘Second situation: when the paint rimsell thes a mofonte dsmisshis complain after th delendarthas pleaded hs anawer wih a counterclaim, ane the court rants he motion, Again, beds shall be without Projuce tthe right ofthe detent to prosecute his REMEDIAL LAW ‘ounierdaim in & separate olen unless witin 1 ays tom notice of the motlon he manlests his praference to have bis ooUnlerlaim resolved the fame acton. (Rule 17, Sec. 2) ‘6. When complaint is dismissed though 0 plats faut and ata te when a counteraim has already been getup. The dismissal is without projucice othe right othe defendant o prosecute his counterclaim in the same or separate action, (Rule 17, See. 3) )CROSS-CLAINS ‘cross-claim is any claim by oe paty against a copay fatsing out ofthe vansacton or oxcurenca that fs he fubject mater ether of the arginal action or of & ‘counterclaim tharin ‘Such crost-ctaim may include @ clolm thet the party ‘agenet whom tie asset is oF may be abe tothe crose Claimant fr al or part ofa claim asserted in the action ‘agains the cross-claimant. (See. 8 Rule 6) ‘A cross-lal that a party as atthe time the answer is 1. Alain by ono party against co-pay, 2. Must arise cut of the vaneacton or occurence thas the abject matter eter ofthe original action o of ountereiim; and 3. Tho coss-daimant ls preluiced by th claim against him by te epposing pat. Effect of Failure to File Cross-Claim General Rule: A erose elim whi isnot sel up inthe ‘scion Is bared. (Rule 9, Sec. 2) Exceptions 1. When tious the jrtStion ofthe court 2, ne court cannot squire jurisdiction ove thi partes whose presence is necessary for he ‘djuieation of ead crose-laim. In which e350, ho ‘rose csim is considered PERMISSIVE 3. Gross claim that may mitre or maybe aoquled after serie of the ans, ‘A woss-laim cannetbe setup orth fst ine on appeal (Lovdimacirs Customs Sonicos ¥. Glodel Brokerage Co, Gi. No, 179846, 2017) Page a of 483ATENEO CENTRAL BAR OPERATIONS 2019 REMEDIAL LAW ‘The amosa ihe complant caries wih Whe Gamesal ofa exoas-lim whichis purely defensive, but net across ‘im seeking an afrmative reer. (Tames v. CA, GL. No 125809, 1973) ‘A counter-counar claim is fled whan there is @ im ‘aganst he ogra countercaimant | counter-crossaim Is fled aguinst an orignal cross dlsimant Rule 6 Sec 2) GROSS GLAM | COUNTER: | SRO PARTY cua |_comPLainT Rgast oo] Againet an | Again person jes ‘opposing party. | nat a party tothe [Ro —nesdfor] No need for] Leave ofcourt | leave cfeout. | loaveof cour. | reauired ‘stars cuter | May arse outa ust be the. tansacton | or be | respect of the the | necessarty | opponents tr of | connected wih | (Plain clam. the ofginal | the wansacton faction of of aor that is the Counterclaim | subject mater of therein the opposing partys claim In wien case, ts called a compulsory counterisim, or may notin vwnien cate Ris | coed a counter, «) THIRD, FOURTH, ETC) PARTY COMPLAINT ‘Acai that a defending party may, with leave of court, fle against a person rot a party tothe action, calle the third (fourth, eta)—pary defendant, for contbution, Indemnity, subrogation oF any other ale, in respec of nis ppanent’s lim. (Rule 6, Sec 9) A prorequsie to the exerese of such ight ls that some ‘substantive bass fora thrc-party claim be found to ex cihather The bate be one of Tndomy, IDpaION, Contbotion or other substantive right. There must be 2 ‘causal connection between the cei ofthe plait n his ‘complaint and a claim fr contrbuton,inéermty or other ‘elf ofthe defendant against the hr pary defendant. ‘Tests to Determine Whether the Tir Is in Respect of Plants Claim: 1 Whether arses out ofthe same tranetion on which the paint clam i base or athough arising aut of ‘another or diferent ransaction, i canectad withthe Dla claim, Whether the tid pary defendant would be faba othe paint orto the defendant for allo part of he plaints {aim against the criginal defendant and \Wihener the tid party defendant may assert any delerses thatthe third party paint has o may have to plaints claim. (Asian Consintian & Devt Comp v. CA, &.R. No, 160242, 2008) Party Complaint ‘Summens on thi, fouthete-paty defendant must be sowed for the cour o oblain jurssction over his person, ‘Soe he f not an orginal pay. ‘so hae uriaioton over the tint party comps regardless of the srount invdved a6 a thet pany Complaint is merely ali to ans coniruaton othe ‘ala ation, Bringing new patios This is availed of when none of he partes desired to be brought into the action em part of the maln ation Requisites fora third-party action 1. The party tobe impleaded must not yet be a party to the aon 2, The claim against the thirtpary defendant must bolong to the origina dtendan 3, The claim ofthe ariginal defendant against the ti ary defendant mst be based upon the paints aim agsinst the orignal defendant: ard 4. The defendant is attempting to raster tothe tie party defendant the billy asserted against him the ‘gal paint. (Phitranco Services v. Paras, G.R No. 161909, 25 Api 2012) ) COMPLAINTNANTERVENTION INTERVENTION {legal proceeding by which 2 person who's nota party to the acion is permitted by the court to become a party byATENEO CENTRAL BAR OPERATIONS 2048 REMEDIAL LAW ‘Rarening i pending actor afar nosing he candiions and requirements ofthe Rules of Cour Pisro) 1 he purpote ofthe mation for intervention iso assert 2 cdaim against ether oF all of the orginal pares, the pleading eball be ciled 2 COMPLAINTN- INTERVENTION, Intervention is an action tht ie nether compulsory nor mandatory bul ony oponal and permissive; the court has the fl discretion in permliag or afowing the same. Requistes: 4. Motion for intervention must be fled before judgment: 2. Movant must show that he has the legal interest ‘ha (2) mater in gation, () he success of ether pares, or (against both partes: 3. Movant willbe adversely affected by the judgment and 4, Intervention mist NOT unduly delay oF prejudice the addiction ofthe rights ofthe rginal parts and mat the movant rights may not be fly protectes by 2 separate procaeding. (Rlano, Ci Procedure: A Festatomont forth bor, 2nd 0, 2008) Te mation to Intarvene may be fled at any time before rendition judgment by te tal cour. Client may settle even if attorney does not intervene in Alani hat an undoubied ight to Sette her ligation tithout the inorventon ofthe ettomay, forthe former ia (generally conceded to have exchsive contol over the subject ator of re tigation and may a any tine, acting in good tah, sete and adjust the cause of ston out of court before. judement, even wihout the stiomey's intention. (Madar v. Ket Food Phils, Inc, GR. No, 183982, 2013). o)REPLY A pleating, the ofce 0° funalon of which isto deny, or allege facts In denial or avoidance of new maters alleged byway of defense in ha answer and thereby jin or make Istue a5 to sich new matters Wa parly does not fle such reply, all he new mats ‘loge i the answer are deemed contovertes x denice No admiesion flows fromthe eure toe a reply (Sec. 6, Rue 19) “pany carnal, ne rp, amend hs ue oF aban not Inreduce therin any now or ado} causes of action. Filing of @ Reply is NOT Mandatory, EXCEPT: 1 When the defense inthe answer is based upon an actionable document (Rule @ See. 7:0 2, Toot up afiemave defenses on the counterclaim ‘Thue, where the defense in the Answer i based on an actionable document, @ Reply special denying under ‘ath must be made; aterwis, the genuineness and due ferecuon of the cocument wil be deemed dmited {Casent Reaty v. Phibankng, GR. Ne 150731, 2007) 2, PLEADINGS ALLOWED IN SMALL CLAIMS CASES ‘AND CASES COVERED BY THE RULE ON SUMMARY ‘The RULES OF PROCEDURE FOR SMALL CLAIMS ‘CASES shall apply in Al Actions which are: 1. Purely cin nature where the dam a for by te plait fe eoely for payment or reimbursement of sum of mane. 2, The cl aspect of eins! actions ei fled before the intuion ofthe criminal sein, a reserved upon the fling ofthe criminal action n cour. (Section 4, Fule of Procedure for Smal Clans Cases) f prayed ‘Asal claims case is fed wih the MTC inte cy: 4. Where te plaini ese 2. Vinere the Gefandantresises of 5. ithe plaints engaged inthe business of lending, Denkng ona sil sets nthe ty where the defendant resides, he plain has a branch that oy. ‘Atenas action commenced by fling wth the court ‘on accomplishes and vetfed Statement of Claim in ‘upleae, accompanied by a Cariicaton of Nomforun Shopping, and two (2) duly cad photocopies of the conte documents subject fhe cai, a well 3 he aida of winesses ane other evidence to suppor the tlaim. (Section 5, Rule of Procedure for Small Claims Cases) ‘The defendant shal fis his Response and serve the same upon the painlil. He shal fle @ Counterlaim wih the Response IF the countrcinim ie 1. Wain the coverage ofthe Rule exclusive of interests Page 40183ATENEO CENTRAL AR OPERATIONS 2019, REMEDIAL LAW ‘2 Rens alot ie sam Wasson or even alse subject matter of he sins cal, 2, Does nat requir te jindr of thir pats; and 4. Is note subject of nether pending acon. Prohibited Pleadings in Small Clolms Cases 1. Matin to aismiss the complaint Motion fo abil parteuars; Matin for new tial, fr recanlderation ofa judgment, oto eopening ofa Pettion frre from judgment: oto fr extension of te tol pleading, afdais or ‘any ator paper, Memorandsi Pelion for certiorari mandamus, or prohibition against ‘any inlorlocutery order ssued by the court Matin to daclare the defendant n default Diazory metions fr postponement Reply “Thie-party complaints; and Intoventons ‘The RULE ON SUMMARY PROCEDURE shall apply the following STAI oases of forcible enty and uniawiul_doainr, respective of the aroun of damages or unpald rentals sought be recovered 2, Al ober cases, excent probata proceedings, where the teal amount of the plan's aim doesnot exceed one hundred thovsand pesos (P100,000) or wo hundred Thousand pesos (P200,000) in Metepolian Maria, excise of interests and costs, (AM. No, 02-11-09 50) ‘Allowed Pleadings in Summary Procedure Cases 4. Complaint 2. Compulsory Counter 3. GrossClais pleaded inthe Answer, 4 Avswers to these pleadngs (Secon 2, Rules on Summory Prcedure) Prohibited Pleadings 1 Maton to dismiss the complaint or 10 quash the ‘complaint or Infrmatio except on the ground of ack of juisiclon evr the subject mater, or fare to comply ‘wth te precacing section 2, Motion fora bil of parca 2. Motion for new til ofr reconsideration of udament, ‘orfor opening ofl, 4, Peon or ell om judgment, S iioton for enonton ot ie To We pleadings, aos or any thor paper, 6. Memoranda 7, Petton for centorah, mandamus, or prohibition against any Intelocutory order issued by te court 8, Mati to declare the defendant in delult 9, Diltary motions lor postponement 0. Reply, 11. Thiet party complaints; 12. interventions 3. ARTS OF A PLEADING 2) CAPTION The caption contains te folowing 4. The name ofthe cout 2. Tho tile of the aetion and 3. The docket number, iasigned. (Rul 7, Sec. 1) Body “Tne body ses orth 4s designation, 2. The allegation ofthe part's claims and defonéss; 3. Te retetsprayea for: ana 44 The dae ofthe pleading, (Rule 7, See. 2) ven wihout the prayer fora spect remedy. propor oie ray be granied by the court if tho fects alleged In the ‘orplaint and the evidence nioduced so warrant, The prayer inthe complain for ater rele equtable ad jst inthe promis juss the grant ofa rele not otherwise speciealy prayed fr. (Prine Transport v. Garcia, GR. ‘No. 167284, 2011) ») SIGNATURE AND ADDRESS ‘The compisnt must be signed by the plalntif OR counsel reprezeting himMer mnieabng hiner aderess. Insuffelency in form and substance, 2¢ 9 ground for demiaeal of tne corpiint, should not be ased on the ile ‘or coption, especially when the allegations a he alescing Support 2n action, (Sps. Munsalid v. NHA, GR. No, 167181, 2008) ‘An UNSIGNED PLEADING produces NO LEGAL EFFECT. The cout authorized, however, to allow the pleadar to caret the deiciony H the pleader shows, to the satisfaction of the court, tht the fare to sign the Pope 500483ATENEO CENTRAL BAR OPERATIONS 2018 REMEDIAL LAW FTasaing was toe t the mere hadverence ard nolo olay the proceesings. (Rule 7, Se. 3) ©) VERIFICATION and CERTIFICATION AGAINST VERIFICATION General, 2 pleading need not be vtiied EXCEPT only \ahen veiieaton i requred by 2 low ar by aul. (Rul 7, See. 4) Effect of Lack of Verification A pleading which is roquired to be verfed but lacks the rope verification sal be resiad 9 an unsigned pleading ‘which produces a legal effect ands dismiss, However, ithas been held that he requrement regarding verifcaton ofa plescng is formal not usdctonal—non ampllance with which does not necessarly render the pleading falaly dotecive. Tho court may order the orection of the pleading i verifeation is lacking or act on the pleasing although iis not vere, ifthe atening ‘roumstances are such that the stt compliance wit the rules may be dspansed with in order thal the ends of fusion may thereby be soved. (Republic v. Cosine Intemational Phipps, Ine, GA. No. 161834, 2010) [APleading is verified by an AFFIDAVIT which decares that 5. The atant has read the pleading: and 2. That the alegatons therein are tue and corect of his personal knowledge or based on authenle rocords on ia. (Rule 7, Sec. 4) CERTIFICATION AGAINST FORUM SHOPPING FORUM SHOPPING Ik consists of fing multiple suits diferent cout, ether simullaneously or successively, involving the. same arias, to ask the cours to rule on the Same related {auses andlor lo grant he sare or substantial the same ‘abit ‘The CERTIFICATION AGAINST FORUM SHOPPING is executed by the PLAINTIFF or the PRINCIPAL PARTY Under oath and must be signed by the paryhimsaitharsll and not merely by his atomey. Acertteaton against frum shopeng signe by courses defective. certicaton that is eaullent to non- Compliance wih the roquerent and constitutes a vai ‘ause Ter Be daniel ofthe potion (7 -be Zuzana) 7 Vilorsa, GR. No. 189786, 2010) ‘The Certifation Against Forum Shopping is 2 Sworn ‘Statement Certifying tothe Following Matters: 1. That he party has not commences any action or fled any claim involving the Same Issues in any cout tnbuna, or quasijudies! agancy and, to the best of ister knowledge, no such other eclion or dlaim i ponding therein, 2. That there is such other pending action or claim, 2 complete statement of the present status thereat 4, That hefehe shoud thereat learn thatthe some oF similar action of claim has been fed or 1 pending, hls shal report that fact win 5 days therefrom to the cout wherein hishher complaint orinatory pleading was been fled, (Rul 7, Sec. 8) ‘The conieste of nonfrum shopping '¢ 2 mandatory requtement i fing & complaint and other inkiatory pleadings asserting claim ar all. (Rub 7, So. 5) Aninitatory pleading includes 1 Permissive counters 2. Grose 3. The (our lc) Party complaint 4 Complaintininterertion; and 5. Petiton or any application in which » pry assets his sim for rele (A.M. No 04.94) Faure to comply with the requirements isnot curable by mere amendment ofthe pleading but shall be cause for Gsmsss! of the case, WITHOUT prejudice, unless tiherwise provided. Dismissal shall bo UPON MOTION and AFTER hearing ‘To determine Forum Shopping, the test Is to si eter Inthe wo or more eases pending, there is 4. Idetiy of pate: 2 Identy of rights and causes; and 3. loeniy of rite sought. {Fhibonboa v. Cancepcon, GR. Ne, 183785, 2006) ‘Thus, frum shopping axis when the elements of iis ‘andenta ae present or ware a fal judpment in one ‘ase wil amourl ores cata in anor “Tnrge Ways of Commiting Forum Shopping 1. Fling mute cases based onthe same cause of action ‘ad wth he same prayer, he provous nl having been resolve (its pendenca Pope iotaATENEO CENTRAL BAR OPERATIONS 2019 REMEDIAL LAW {F Fiing mp casa based one ane cause acon ‘nd withthe same prayer, the previous having boon resolved wih finality re judicata); end 4. Fling multiple cases based on the same causes of salon but with aferent prayers (sping causes of ‘Seton where the grund froma i alse ele is pendentia oro cca). 1 the forum shopping is not will and deliberate, the ‘subsequent cases shal be dismissed wioul prejudice on ‘ne of tho wo rounds mentioned abova. But the forum ‘Shopping wll snd deberat, both (ral tere are ‘mow. than we) actions. shall be dismissed wih Pelusice Mors oF Sato v. Pace, GR. No. 159691, ara) Effect of Submission of False Cartfication or Non= ‘Compliance with the Undertakings Therein: {1 ndret contempt anc 2. Without prjudee to the fling of admliseative and criminal actions. Effects of Witful and Deliberate Forum Shopping: {. Shallbe ground for urnmary demissl oft case wlth; 2 Direct contempt: and 23, Reause for administrative sancens In order to be held Hale for wilful an deberate forum hopping, there should ba, on the partys pat ier 3 falure 12 Inckde the cerifeation Jn one's ato ading, of @ misrepresentaton 2616 the pandency of frather case Involving the same Issues, patos, rd ‘avees of ations withthe second complaint. But where flan flea hie second complain, afer the eau wih Jutsditon over heft compsin hae grantes a dismissal ‘rer, and such dismissal order has atained finaly, the flsinit cannot be made lble for forum shopsing {Daswaniv. 800 Universal, GR. No. 190083, 2015), (0) REQUIREMENT OF A CORPORATION EXECUTING ‘THE VERIFICATION! CERTIFICATION OF NON-FORUM SHOPPING The conication may be executed by an authorized person ae long 2 heishe is duly authorized by the poration and hae personal knowledge of the facts required to be disclosed inthe cerfeation against foram ‘shoppin, the ceritcaion maybe signed bythe sutrrized lawyer, (Notional Slee! Carpevaten v. CA, G.R. No 194468, 2002) T the pelioner eo carpraton, a Board recon ‘authoring corporate offen to executa the cerifetion ‘gains forum shopping Ie necassary—a coticaian not Signed by a duly authorized person renders the pation ‘ubject ta demise. (Gonzales v. Cmax hing Lid, 452 ‘SCRA 607, 2005) mere a general manager of @ corporation signs the vereaton and eetiieation egainst forum shopring Without ataching therewith a Corporate Secretary's Certiteate or board resolution that he's authorized to ‘sgn for and on behalf of the petione:-coporaion, sueh {allure is NOT fetal to the complaint ofthe corporation. ‘hie is especialy ue where the requisite board resolution war subsequently submitted to the court together vith the pertnent documents. The csmissal on a purely techicl ground is rowed upen especial it wil Fesultin untoimess. The ules of procedure ought nolo be ‘ppled in avery rgd, echnical sone fer they have been ‘doped to help secure, not ovetiée, substantial justo. (dieand Pasig Land Dovelopment Co. v. Mario Tablane, GR. No, 162924, 2010) ‘There is substantial compliance wih the rules regarcing tnhen a corporate ofc, previously empowered va bard Fesolulion to sign the cattoalon agains forum shoppin, ‘xecutes 2 special power of attorney in favor ofa manger of the corporation, and i i the baller who sign the ‘eeleation and cereale againet foram shopping. Inocher ‘word, the powor granted by corporation to 2 corporate ‘fcr to sign the verfeation and canfeate may be further Gelegate, via special power of altrney to another. (FU Televison Network. Espiritu, GR. No. 20804445, 2014) ‘Verification and Certification Against Forum Shopping ‘When Petitioner isa Government Entity Whore the pstiione is @ government entity created bythe Consttuon, and headed by its Chairman, there is no need for the Chaimman fimee! to sign the verification. is repeasentaive, lavyer or any person who personaly knew the truth ofthe fees alleged n the pti could sgn the vetfeation, HOWEVER, with regard to the cotication of nonforum shopping, the asain rue is at must be executed by the plainif or any ofthe piaipal pares and not by counsel, Failte 10 show such euthorty 10 execute the paiiton on behalf ofthe paint or principal party renders the petton dmissibie, (Pape v. ry, GR. No. 187749, 2010)ATENEO CENTRAL {BAR OPERATIONS 2019, {SV EFFECT OF THE SIGNATURE OF COUNSEL WA PLEADING ‘The signature of a counsel in a pleading consiutes craton by hiner at 4. Halehe has read the pleading; 2. That othe best of hishner knowledge, formation anc boli ther is good ground to supper and 3, That itis not interposed for day. ‘A.Counsel Shall be Subject to Diselpinary Aetion In ‘the Following Cases: 1. When hese deiberatalyfles an unsigned pleading: 2, When heise signs 9 pleading in vtaon ofthe Rules, 5. When helshe aleges in the pleading scandalous or Indecent mater, 4. When helshe falls to promptly report the court 8 change of ishhr adress, (Ru 7, Soe. 3) Diferentiating the Rules on Verification and Gertieate Against Forum Shopping (Fuj Television Network v Espn, GR. No, 20494445, 2014) VERIFICATION | CERTIFICATE AGAINST Non-compliance _or _a|Non-compllance ora defect defect therein does not| therein, is generaly not necessarily render the curable by ka subsequent Pleasing fatally detective. | submission or correction Tre court may order is|thereot, unless thre ie 2 ubmision, correction of [need to relax the Rule on ‘acon. the pleading the ground of “substantia depending on compliance” or presence of silencing crcumetancss. | "spacial crcumstances or competing reasons ‘Substanialy complied| Must be signed by all the with when one who has] plants in 2 case: those ple koawiedge 10) who aid nol sign wil be Sear to the truth of the | éropped as pares, flegaiens inthe complaint signs the| Under Juste vereaton ereumstances, however, as nen all the” plaints’ or pettoners share 2 common terest and. invoke 2 [common cause of action or éetense, the signature of REMEDIAL LAW oy oe of hem substantially complies wth the Rue, 4 ALLEGATIONS IN A PLEADING Every pleading shat contain in a methodical and logical tultimate facts on which the party pleading relies forhis daim ar defense, as the case may bo, omiing the slatament of mere evidentiary acs. (RU &. Soe. 1) MANNER OF MAKING ALLEGATIONS “The pleading must contain only ULTIMATE FACTS, which ‘eter tote essental facts of the clan. It must ert the ‘statement of mere evidentiary fact, The ULTIMATE FACTS are the important and substan {acts which fore tre basi of the pimary ight fhe palit ‘and which maka up the wrengful act or omission ofthe ‘defendant the utimale facts ace nal loged, the ease of action would be Insuictent (Fiano, Cl Proceduro: A FRestetement er the ber, 2nd ed, 2009) Test of Sufficiency of Facts Alloged in the Complaint to Constitute a Cause of Action (Lazorov,Brewenasler, G.R. No. 182772, 2010} [A pleading should only contain ULTIMATE FACTS, which are essenialtoa party's cause of action or defense itmust be slated ina logical fom and in a pain end concise What ae NOT Utimate Fact: 4, Evidenary or enmateral fats 2. Legal conclusions, canchsions of inferences of facts not slate, or incorrect inferences or conclusions from fact tated 3. The Geiss of probative matiar or particulars of evidence, stalemenls of law, inferences ond arguments; 4, An allegation that contract is valid or vod is @ mere conelusion ofa EVIDENTIARY FACTS ~ refer to thote which ae necessary to prove the ulimate fat of which fueish fevidenes ofthe existence of some cher facta (1) CONDITION PRECEDENT Page 53.483ATENEO CENTRAL {BAR OPERATIONS 2019 REMEDIAL LAW CONDITIONS PRECEDENT are maters which must be complied wih betore a cause o action arises. (Reno, Cai Procedure: A Restaloment orth bar, 2d ed, 2000) CConcons. precedent and a general averment of jis cccurrence most be sited in he pleading ‘others, wil subject tha complain to cial, even fon appeal, on the ground that condlon precedent for fang the csim has nol be complied wih (Rule 16, Sec 1” (2) FRAUD, MISTAKE, MALICE, INTENT, KNOWLEDGE [AND OTHER CONDITION OF THE MIND, JUDGMENTS, OFFICIAL DOCUMENTS, AND ACTS In avermants of fraud oF mistake, the evcumstances onettuing such fraud oF misiake must be stated with PARTICULARITY. Malice, Intent, knowledge or othor conditions of the mind of a person may be averred GENERALLY. (Rule 8, Soc. 5) Inpleading judgment, is sutcieno verte judgment or cecsion without alleging maters showing. 0 Jiiediction to render judgment or decision, (Rule 8 Sec. 6) In pleading a document or an 2c, tis suficient to aver thatthe documento act was ised or done in compliance wi aw. (Rule 8 Se. 8) Facts that May be Averred Generally 1. Condons precedent (BUT thore must stil bean lagaion that the spec condlion precedent has ‘been complied wih, oenvse, I wil bo dismissed) (00.3 2, Capatiy to sue orbe suse; (See. 4) 5. Capacity to sue or be suodin a representative capacity (00.4) 4, Legal existence of an organization; (Se. 4) 5. A party desiing to fise an ive as to the logo! esto or eapacty of any party to sue or be sued in 8 representave capacity shall do co by SPECIFIC DENIAL which shall ince supporting parclars ‘within the pleader'sknowedge. 6, Malice, fon, knowledge, oF other condion of the mind: (See 5) 7, Judgments of domestic or foreign cours, tribunals, boards, of offers (no need to show jurisdeton): and (See. 6) 8, Of! document or se. (See. 9) Facts hat must be averred pariculiy Crcumstarces showing FRAUD or MISTAKE in all vermis of fraus or mistke, (See. 5} b) PLEADING AN ACTIONABLE DOCUMENT Actionable Document ‘A documant is actonatle when an action or defense is ‘rounded upon such writen inerument of document (Asin Concisetion & Dav" Corp. v. Mandoze, G.R. No. 176048, 2012) Pleading an Actionable Document: Tho Ploador Must 4. Selforth inte loading the auoetance ofthe intrument cr the document, and to attach tne original ofthe copy of the document ta he pleading as an exhibit and which shall faum part ofthe pleacng: or 2 Set forth in the loading sald copy of the instrument or acumen (Rul 8, Sec. 7) How to Contest an Actionable Document 4. By spect denial under eth; and 2. By eating forh whats claimed to be the fact, the Failure to Specifically Deny UNDER OATH the ‘Same Results in 1. The adssion ofthe genuineness and due execution of said document, EXCEPT that an oath is NOT reauires 2, Ven the saveree pary was not a parly 10 the instrument or b, When comptanee with an order for an inspection was reced 2, Thedocument need note frm oferedin evdonce. For tay be considered an acme fact. (Philamgen v, Sweet Lines, GR. No. 7434, 1992) Even documents submitted in an Answer must b> speciicaly deniod under oath in @ Reply, or else the enineness and due execution of the documents filached lo the Answer are deemed acted. Thi the ‘ate even tis vue that 2 Roly is generally optional Thus, where a plant fae to fle a Reply with specie deriis under oath of documents attached in the Answer, is fale contiues a udical admission which should be considered by Be judge, even in resaling 3 demure to ‘evidence (Casent Realy v Phibanking, GR. No. 190731, 007) [GENUINENESS means that the documents Page 54 01483ATENEO CENTRAL BAR OPERATIONS 2019 REMEDIAL LAW ‘Not sporoos, counaral, or of afarentimpaa on is {face fom the one executed bythe pat oF 2. That the party whose signature it beers hes signed it 4. Thal al the te it was signed, 8 wos in words and Agutes exactly a8 set autin the pleadings (notated) UE EXECUTION ‘This means thatthe document was: 1. Signed voluntary and krowngly by the pary whose signature sppeats thereon 2. If slgned by somebody ase, such representative had the aut to do so 3. NU was duly delivered, and that the formaltos were comple. ‘The Following Defenses Fallure to Deny under Oath Payment ‘Want or itegalty of consideration Fraud: Mista Compromise; Statute of Linton Estonpe Duress: and Minty or imibeity. fe NOT Walved Despite eee ‘The aforementioned defenses are NOT inconsistent wih the ganuineness and due execution ofthe document ‘The Following Defenses ‘are Walved: 4. Forgery inthe signature; Unsutnorizad sgnatire, Signing for his prea ‘The corporation was not auhorlzed under is chatr to sign the instrument Want of divers or [the timo the document was signed, was ntin words and Sgures exact asset out in the pleading. inthe case of an agent Falure to specitelly deny under oath the genuineness ‘and due exaeution of an actionable document generally ‘mabe an admission of the same by the ote party. However, sch IMPLIED ADMISSION 1S" DEEMED WAIVED i tho party asserting the same has allowed the ‘dveree party to present evidence contrary tthe contents 8f such document without bjecion. (Cantal Surety v. Hodges, GR. No, L-28633, 1975) ©) SPECIFIC DENIALS "Types of Specie Denials 1" Absolute denial ~The defendant species wach ‘atria allegation of fact the tlh of whieh he dos nol admit and, whenever practicable, sets foc the Substance af he mars upon which he ai 0 support his denial. (Rue 8, Secton 10) 2, Partial denial ~The defendant spies the part of {wath of whieh he ads and dries only the reminder. 3. Denial by isavowal of knowledge ~ The defendant alleges that hee without browse or nfrmation to forma beet a othe uth of armatoral averrnant image in the complain. This must be made sincerely sand in good fa tn a cae where 2 copy of the morgage deed is attaches to the complaint, I Is enor for the defendants, in thir ‘newer, to dany the underyng debt by saying tha hoy “are vithost knowledge or information sullen to orm 8 betas fo Die Wath of the material everments” Since 3 ‘apy ofthe deed was given othe defoncans, twas wibin thai powerto thoroughly attack he complaint onthe base of more specie denials, rather than 2 general denial ‘Sing lack of nono al the wth. ‘The rule, which spacically eutorzes an answer of the Geterdant that he has no knowledge or information ‘sufelont to form a betet tothe tah of an averrent ond ‘ahi would have an effec ofa ceri, does rot apply ‘nara the fat as to which want of knowledge le asserted Js to the knowledge of the court as play and necessarily within the Sefendant’s knowledge that his avennent of ignorance must be palpebly uniue. (Wamer Bomes v. ayes, GR. No. L-0531, 1955) ‘mere an answer states thatthe defendants “speciaty deny the allegations in pars. 2 and 3 ofthe compl for ‘want of knowledge or Infoematonsuficient o form abet {a5 the tah thereat, the th of the mater Being those ‘ileged in the special and affmatve defenses of the defendants.” desis consicerod @ vai dora, 9 the explanation i sid tobe provided fr inte afimative and special defenses. (Gaza. Lim, GR. No, 126863, 2003) ‘The purpose of requting tho dofondant 1 make a specie denial i Io make him csclase the mallers alleged in he ompleint whieh he suesinely intends to csprove a he ‘Wal together wih the mator which he relied upon to support tha denial. The ports ara compelled to ay ther ‘arden Ine abe. Peltioner only asserted ta respondent Pg 55.183ATENEO CENTRAL BAR OPERATIONS 2019, REMEDIAL LAW {Biod o show eidencs offs supposed remaining Uy, ‘This is ol on assertion ofthe wun and subetance ofthe mater, is merely a statement tat a far as peitoner is Concerned, respondent does nat have evgence to prove te clam. (Friov Consirvcion, ne. v Aegis Integrated ‘Stuctre Corp., GR No. 191086, 2016) (1) EFFECT OF FAILURE TO MAKE A SPECIFIC DENIAL, General Rule: Alagatons NOT specially denied are ‘deemed admitted Excaptions: 1. Algalions as othe amount of unliquidated damages: 2 Allegations immaterial sto the cause af action; and 3 Conclusion of (2) WHEN A SPECIFIC DENIAL REQUIRES AN OATH 1. Denia of an ctonabe document 2. Denil of allegations of usury ina complain to recover suis intrest Rule 8 Sac. 11) ‘men a Specific Denial Does NOT RRequie an Oath 1 The advers® party doesnot appear tobe a party to the document 2, Complance wih an exer for an inspection of the ‘nignal document is efised. (Re 8, Sec 8) Striking Out of Pleading oF Matter Contained therain Is initiates 1 Upon motion bys party before responding to a pleading; 2, Upon motion bya party win 20 days ater sevice of the ploading upon him ino responsive leading is permit; or 2, Upon cous ovm ntatve at ny tine. [Abegations of merely evidentiary or immsteril facts may ‘be expunged ‘rom the pleading or may be sticken out upon maton, SLEFFECT OF FAILURE TO PLEAD 1) FAILURE TO PLEAD DEFENSES AND OBJECTIONS (implied Admissions) General Rue: Defenses and objections not ploaded either inamationtocsmis rin the answer are doomed waived, (Rule, See. 1) Grounds Not Deomed Waived (LLRP) 4. Lackof uredeton over the subject mater 2. Ls pendent; 3. Ros eat of 44. Proserpion (State of tations) General Rul: Lack of jsdction over he subject mater ‘may be raised at any stage of the proceedings, even on the fst ime on appeal Exception: Estoppel by laches (Tham v. Sibonghanoy, GR No 21450, 1968) ») FAILURE TO PLEAD A ‘COUNTERCLAIM OR CROSS-CLAIME computsory {A compulscry counters, of ross-laim, not set up at ‘he time 9 defending party fles his answer, shal ‘An AMENDED ANSWER is prope ifthe counterclaim or cross dsim ALREADY EXISTED atthe time the orginal Shomer wos fle, bu due to oversight, inadvertence, oF fxcussdleneglet wes nat stu. A SUPPLEMENTAL ANSWER is proper it the ounlarlaim or eose-aim matures ors aoqured AFTER the answers fe, DEEAULT DEFAULT (Rule 9) Procedural concept when the defending pat als ole his ANSWER wan te reglementary per. It does not ‘oxur rom the fale ofthe defendant to atlond either the rotor te ‘The defendants nor-appearance in the hearing and the faiure to adduce evidence does NOT consitule deault lien an answer has been fled within the rglementary prod. Instead, famous toa waiver ofthe detendants fight to object to the evidence presented during such hearings and to cross-examine the winess prasented, {Manzon «. Spe Relova v. Ado Propertvs, C.F. No. 17182, 2008) Pago 8 of 483[ATENEO CENTRAL BAR OPERATIONS 2049 RENEDIAL LAW ‘ST WHEW A DECLARATION OF DEFAULT IS PROPER Requisites Before 9 Party May be declared in Default: 1. Summons has been validly and previously SERVED upon him: DDelandant FAILS TO ANSWER within the tine alowed thereon, ‘There must Be @ MOTION TO DECLARE the defendant in fat '2. NOTICE tothe defendant by serving upon him a ‘xpy af sch motion ae », , HEARING ofthe motion to dedisre the efendant in default (Rano, Cli Procedure: A Resatement forthe bar, 2nd ed, 2000) Remedies ofa Party Decared in Default 1. Before jodgment: maton under ath to set ssde erder of deat when fale fo anes sed on fras, accion, mis ae, oxovsble negligence and 2, Beloe judgment becomes fal and execttr: motion for new iil 3. When omental and exact: politin fr eh evidence ow " 5 Potton for cortorarta deci ality of judgment by Gofal (Gomez v. Montalban, GR Mo. 174814, 2000) “The court has NO authority to motu proprio dedare the defendant in default. A MOTION to declare the defending pesy MUST BE FILED by the dlsiming par before = Gedlraion of default Is made by the count (RUE 9, See. > Filing a motion tosis ora motion ora bilo particulars ui Interop the running othe period to fe an anwee ‘Thus. these two motions are fd, a defendant may NOT be declared in defel pancing the resolution of theee two ‘Two Stages of Defauit 1. Declaration or Order of Defaut and Rendon af Judgment by Defoult General Rue: A default order and consequent, a defaut judgment ‘re teggered by the fal tole the requires nswerby the defending pat. Exceptions: Despta_an- answer being Ted, a JUDGMENT BY DEFAULT may stil be rendered inthe following eccumslanees {Loita pary retuses to obey an order requiring hi to comply wth th vaious modes of eiscovery: ot Ia pany or offer or managing agent ofa party wily fai to appear alow the offear who 10 take hs ‘eposton. a defendant as to appear athe pre-ial, the plait is ‘lloned o prasethis evidence expare and the cour shall Fender judgment onthe bass threo The fle of 9 detendant ole the pret! be! worants the same effect a flare to appear at prea ‘order vs. Judgmont by Default ‘ORDER OF DEFAULT TODGHENT EY DEFAULT. Tssued by tre cour upon | Rendered by @ cour afar plaints motion or alure | a defaut order has been ofthe defendant tof his | issued or after has fesponsive plating | received, ex. pate, wehin the reglementay | paints evdonce. vio. [raseuary Order Nor} appesiable through nary appeal ~Ropealble- Fallureto File an Answer in Cases covered by the Rule ‘on Summary Proceeding ‘The defendant who fais o file an answer seaconably fs [NOT supposed to be deciared in deat Insieed, the cour, motu previo OR upon motion of the ‘sink shal rendor judgment as may be warranted by te facts alleged inthe complaint anc ite to whats prayed fo ») EFFECT OF AN ORDER OF DEFAULT ‘The Court may, upon its ow discretion: 1. Proceed to render judgmant: OR 2. Requie the pain o presen nis evidence ex parte according to usc deren, The recepion ofthe evidence may be done by the court or delegated to the clark of court ‘The party decared in detaut LOSES his standing la coun, Page 7 of 13ATENEO CENTRAL BAR OPERATIONS 2018 REMEDIAL LAW \while the defendant can no longer take pat inthe al, he is nevertholess niles to nolices of subsequent proceedings. He may paricipate inthe bial not as @ party ol as a witness, (Cavil v Florendo, GR. No. 73039, 1987) ‘A Paty in Defaults ented to Notice of 4. Maton to declare him in defo ‘Order decaring him in detat, ‘Subsequent proceedings; and Snvice of fra orders and judgments. declaration of defaults NOT an admission ofthe th or he vay of he plant's dims. (Monarch Insurance v. (A, GR. Na 92735, 2000) A declaration o onde of default it esued a8 a punishment for unnecessary delay in joining the issues. (Viason Entoprisesv. CA, GR. Nos. 121862-84, 1999) Complainants are not automaticaly entitled tothe root prayed fer, once the defendants are dediared in default worabe rl! ean be granted enly afer the court has {scorned tnt ine rele e warranted by the evidence ‘ered an the facta proven by ta presenting party ‘Quantum of proof ef paint remains tho tame even wih defendants dofaut. (Sajeo v. Traders Royal Bank, GR. ‘Mo. 151098, 2006) Defaun should be tested asthe exception rather than the ‘ale because te plc ofthe law sto have every liigant’s ase ied on tha mers as much as posse. «) RELIEF FROM AN ORDER OF DEFAULT Alter Notice of Order and Before Judgment ‘The defendent must fle a MOTION TO SET ASIDE (ORDER OF DEFAULT under oath and show that 1. The faire to answer was due Yo fraud, accident mistake or excusable negligence (FAME) and tat 2, The defendant nas 2 mertorious defense ~ affcait of matt, [Aftor Judgment and Before Judgment Becomes Finat and Bxeeutory ‘The selendort may fle @ MOTION FOR NEW TRIALIRECONSIDERATION under Rue 27 ofthe Rules of Coun. He may also appeal rom the judgment a5 being onary tothe evidence or the aw. After Judgment Becomes Final and Executory Five 1) PETITION FOR RELIEF OF JUDGMENT under Rule 38 ofthe Rules of Court or 2, ANNULMENT OF JUDGMENT under Rule 47 Rolie for Improvident Declaration of Default, File a Patten for Gerora under Rule 65 (Aerospace Universi v. CHED, GR, No.138971, 2001) ) EFFECT OF A PARTIAL DEFAULT Partial Default 1. The default asserting a aim sates a common {eause of action agaist several defending patos; 2, Some ofthe defending partes answer and he others fail todo so; and 3, The answorinlrposes a common defense Effect of Partial Default ‘Wen a pleading asserts cisim against saver defending paties and some fle and sere ther anowers but the ‘thers do nol, the cout shall ty the case against ALL tho Selending pares based onthe answers fled and rerdor lent Upon the evidence presentsd wher the claim ‘alas 2 ofmmon e2use of acton agaist tbem. (RUE 8, See. 3) The rule on pata! defout does not apply where the efenses ofthe snswering defendsnis wore personal to them, auch a8 forgery. (Luzon Surty Co.» Magbanus, GR No. L-47005, 1976) 9) EXTENT OF RELIEF + ‘A sudgmant Rendered Against a Party Declared in Default Shall NOT 4. Excoed tho amount prayed fr 2. Be dtlerertin Kind fom thal prayed fr 3. Award unlgldated damages. {) ACTIONS WHERE DEFAULT IS NOT ALLOWED 1. Annulment of mariage 2, Dediaraton of nulty of mariage; 23, Legal Seperation; 44 Special ell acions of conoar, prohibition and ‘mandamus where comment instend of an answers required o be fled; and 5, Summary procedure. Page 80 83[ATENEO CENTRAL SAR OPERATIONS 2019 REMEDIAL LAW HUNG AND SERGE OF LEADS FILING The act of presenting the pleading oroner paper othe (CLERK OF COURT. (Rule 13, Se. 2) For the purpose of fing, be original must be presented personaly tothe clerk of court or by sending the same by registred mall. (RUC 13, S0e. 3) SERVICE ‘The act of proving a party with a COPY ofthe pleading cor paper concemed, “The Following Papers Are required to be FILED in Cour and SERVED upon the parties affected: “udgments Resolutions: Preasings subsequent tothe complaint irten motion Notices ‘Appearances; Demande, Offers of judgment: and 1.Simar papers. (Rule 13, Se. 4) 1. PAYMENT OF DOCKET FEES ‘The payment of the docket fee vests the court with json over the subject mate. “The cout requires that 2 complaint, pellons, answers, and smi pleadings must spect the amount of damages boing prayed for both inthe boy of the pleading and in the prayer. (Manchester Development Corp v. CA, GR. ‘Mo. 78019, 1987) Any defect In the ofgnal pleading resulting in the inerpayment of the docket {ee cannot be cured by ‘mendment, such as by the reducon af the dim as or allega purposes, here is no erga complaint over which the cour has acuied justin, Plan, while the payment ofthe prescribed docket fee is 2 junaditonal requmert, evens pon-paymont atthe time offing doos net automaticaly cause the dismissal of the caso, as long asthe foo is paid wah the spplcale presariptve or reglemenary period, rmere so when the ary involved demonstrates a wlingness to abide by he ‘ules presebing such payment. (Hairs of Berto Hinog (Hon. Achlles Melon GR. No, 140954, 2008) 7. FILNG VERSUS SERVICE OF PLEADINGS FILING OF PLEADINGS SERVICE OF PLEADINGS 7al_ ot prosoning The pleading or other paper to ‘he cok of cout Tat providing wary wih 2 copy ofthe pleading oF Paper concerned, odes of Fling 1. Personaly t0 the elo of cout or 2. Sending them by registered mal, Page 9 of 483 haga ‘orders are ‘counsel, EXCEPT: “When he hss no 2ivnen counsel of record can't be located or ‘men party tise i direst by cout 10 show cause (2. canter) ‘it reprsented by 2 counsels, notee may be ‘served upon beth er either ofthem, Modes of Service 1. Personal 2M on