WEEK 5 CONT.
- Where the plaintiff is
What is a class suit? What are its requisites?
Class suit. - When the subject matter of the
controversy is one of common or general interest to
many persons so numerous that it is impracticable
to join all as parties, a number of them which the
court finds to be sufficiently numerous and
representative as to fully protect the interests of all
concerned may sue or defend for the benefit of all.
Any party in interest shall have the right to
intervene to protect his individual interest. (Rule 3,
Section 12)
- Definition: A class suit is an action where
one or more parties may sue for the benefit
of all if the requisites for said action are
complied with.
- Requisites:
(1) The subject matter of the
controversy is one of common or
general interest to many persons,
and
(2) The interested persons are so
numerous that it is impracticable to
join them all as parties (instead of
impracticable to join them all before
the court”, as provided in the former
rules, which could be construed as
physical impracticability);
(3) The parties bringing the class suit
are sufficiently numerous or
representative of the class and can
fully protect the interests of all
concerned.
Discuss Banda v. Ermita, G.R. No. 166620,
20 April 2010.
Distinguish class suit from joinder of causes
of action.
- A class suit is an action where one or more
parties may sue for the benefit of all if the
requisites for said action are complied with.
- A joinder of causes of action is the uniting of
two or more demands or rights of action in
one action; the statement of more than one
cause of action in a declaration. It is the
union of two or more civil causes of action,
each of which could be made the basis of a
separate suit, in the same complaint,
declaration or petition.
Explain alternative defendants?
Alternative defendants.
uncertain against who of several persons he is
entitled to relief, he may join any or all of them as
defendants in the alternative, although a right to
relief against one may be inconsistent with a right
of relief against the other. (Rule 3, Section 13)
- An action may be brought against an agent
and a principal as alternative defendants. If
the agency is proved, the principal would be
liable on a contract entered into by the
agent in his name and for his account;
otherwise, the agent would be liable.
What must a plaintiff do when there are
unknown defendants?
Unknown identity or name of defendant. -
Whenever the identity or name of a defendant is
unknown, he may be sued as the unknown owner,
heir, devisee, or by such other designation as the
case may require; when his identity or true name is
discovered, the pleading must be amended
accordingly. (Rule 3, Section 14)
May an entity without juridical personality
is be sued as a defendant?
Entity without juridical personality as defendant. -
When two or more persons not organized as an
entity with juridical personality enter into a
transaction, they may be sued under the name by
which they are generally or commonly known.
In the answer of such defendant, the names and
addresses of the persons composing said entity
must all be revealed. (Rule 3, Section 15)
- Yes, two or more persons transacting as an
entity without juridical personality may be
sued under the name by which they are
generally or commonly known, but they
cannot sue under such name.
What happens when a party to a pending
action dies?
Death of party; duty of counsel. - Whenever a party
to a pending action dies, and the claim is not
thereby extinguished, it shall be the duty of his
counsel to inform the court within thirty (30) days
after such death of the fact thereof, and to give the
name and address of his legal representative or
representatives. Failure of counsel to comply with
this duty shall be a ground for disciplinary action.
The heirs of the deceased may be allowed to be
substituted for the deceased, without requiring the
appointment of an executor or administrator and
the court may appoint a guardian ad litem for the
minor heirs.
The court shall forthwith order said legal
representative or representatives to appear and be
substituted within a period of thirty (30) days from
notice.
If no legal representative is named by the counsel
for the deceased party, or if the one so named shall
fail to appear within the specified period, the court
may order the opposing party, within a specified
time, to procure the appointment of an executor or
administrator for the estate of the deceased and the
latter shall immediately appear for and on behalf of
the deceased. The court charges in procuring such
appointment, if defrayed by the opposing party,
may be recovered as costs. (Rule 3, Section 16)
What is the effect of the death of client to the
attorney-client relationship?
- As attorneys are agents of their clients, the
death of the latter terminates the relation of
attorney and client.
What is the duty of counsel in case of death
of his client who is a party in a pending
action?
- It is the duty of the counsel to inform the
court about the death of his client and to
give the name and address of the legal
representative of the deceased within 30
days after such death.
What is the test to determine if an action
will survive the death of a party?
- The question as to whether an action
survives or not depends on the nature of the
action and the damage sued for.
- In the causes of action which survive, the
wrong complained of affects primarily and
principally property and property rights, the
injuries to the person being merely
incidental.
- In the causes of action which do not survive,
the injury complained of is to the person,
the property and rights of property affected
being incidental.
Discuss the rule in case of death or
separation of a party who is a public officer.
Death or separation of a party who is a public
officer. - When a public officer is a party in an
action in his official capacity and during its
pendency dies, resigns, or otherwise ceases to hold
office, the action may be continued and maintained
by or against his successor if, within thirty (30)
days after the successor takes office or such time as
may be granted by the court, it is satisfactorily
shown to the court by any party that there is a
substantial need for continuing or maintaining it
and that the successor adopts or continues or
threatens to adopt or continue the action of his
predecessor. Before a substitution is made, the
party or officer to be affected, unless expressly
assenting thereto, shall be given reasonable notice
of the application therefor and accorded an
opportunity to be heard. (Rule 3, Section 17)
- It is no longer necessary to aver that the law
enforced by the predecessor in office is in
violation of the Constitution of the
Philippines.
- It suffices that it is satisfactorily shown to
the court by any party that there is a
substantial need to continue or maintain the
suit against the successor and that the
successor adopts or continues or threatens
to adopt or continue the action of his
predecessor.
What happens when a party becomes
impotent or incapcitated?
Incompetency or incapacity. - If a party becomes
incompetent or incapacitated, the court, upon
motion with notice, may allow the action to be
continued by or against the incompetent or
incapacitated person assisted by his legal guardian
or guardian ad litem. (Rule 3, Section 18)
- In case a party becomes incompetent or
incapacitated, the action survives and may
be continued by or against the incompetent
or incapacitated person assisted by his legal
guardian ad litem who is his legal
representative.
What happens when there is transfer of
interest?
Transfer of interest. - In case of any transfer of
interest, the action may be continued by or against
the original party, unless the court upon motion
directs the person to whom the interest is
transferred to be substituted in the action or joined
with the original party. (Rule, Section 19)
What happens to an action on money claims
upon death of defendant?
Action on contractual money claims. - When the
action is for recovery of money arising from
contract, express or implied, and the defendant dies
before entry of final judgment in the court in which
the action was pending at the time of such death, it
shall not be dismissed but shall instead be allowed
to continue until entry of final judgment. A
favorable judgment obtained by the plaintiff therein
shall be enforced in the manner especially provided
in these Rules for prosecuting claims against the
estate of a deceased person. (Rule 3, Section 20)
- The death of the defendant does not affect a
pending action for money, whether the
death occurs while the case is pending in a
Municipal Trial Court, a Regional Trial
Court, or an Appellate Court.
- The defendant is substituted by his executor
or administrative or legal heirs and the
action continues until a final judgment is
entered. Once a final judgment is entered
against the estate of the deceased, it shall be
enforced as a money claim without need of
proving the same.
What is an indigent party?
Indigent party. - A party may be authorized to
litigate his action, claim or defense as an indigent if
the court, upon an ex parte application and hearing,
is satisfied that the party is one who has no money
or property sufficient and available for food, shelter
and basic necessities for himself and his family.
Such authority shall include an exemption from
payment of dock et and other lawful fees, and of
transcripts of stenographic notes which the court
may order to be furnished him. The amount of the
dock et and other lawful fees which the indigent
was exempted from paying shall be a lien on any
judgment rendered in the case favorable to the
indigent, unless the court otherwise provides.
Any adverse party may contest the grant of such
authority at any time before judgment is rendered
by the trial court. If the court should determine
after hearing that the party declared as an indigent
is in fact a person with sufficient income or
property, the proper dock et and other lawful fees
shall be assessed and collected by the clerk of court.
If payment is not made within the time fixed by the
court, execution shall issue or the payment thereof,
without prejudice to such other sanctions as the
court may impose. (Rule 3, Section 21)
- An indigent party is one
(1) Whose gross income and that of his
immediate family does not exceed
the amount double the monthly
minimum wage of an employee; and
(2) Does not own real property with a
fair market value of more than
P300,000.00.
When is notice to the Solicitor General
required under Section 22 of Rule 3?
Notice to the Solicitor General. - In any action
involving the validity of any treaty, law, ordinance,
executive order, presidential decree, rules or
regulations, the court, in its discretion, may require
the appearance of the Solicitor General who may be
heard in person or through a representative duly
designated by him. (Section 22, Rule 3)
- Applicable to any court.
Read Rule 4.
What is the venue for real actions?
Venue of real actions. - Actions affecting title to or
possession of real property, or interest therein,
shall be commenced and tried in the proper court
which has jurisdiction over the area wherein the
real property involved, or a portion thereof, is
situated.
Forcible entry and detainer actions shall be
commenced and tried in the municipal trial court of
the municipality or city wherein the real property
involved, or a portion thereof, is situated. (Rule 4,
Section 1)
- Real actions are those affecting the title or
possession of real property such as partition
or expropriation or foreclosure of mortgage
on, real property.
What is the venue for personal actions?
Venue of personal actions. - All other actions may
be commenced and tried where the plaintiff or any
of the principal plaintiffs resides, or where the
defendant or any of the principal defendants
resides, or in the case of a nonresident defendant
where he may be found, at the election of the
plaintiff. (Rule 4, Section 2)
- The venue of the action should be the place
of residence of the beneficiary, not the
trustees.
What is the venue for actions against
non-residents?
Venue of actions against nonresidents. - If any of
the defendants does not reside and is not found in
the Philippines, and the action affects the personal
status of the plaintiff, or any property of said
defendant located in the Philippines, the action
may be commenced and tried in the court of the
place where the plaintiff resides, or where the
property or any portion thereof is situated or found.
(Rule 4, Section 3)
When is the rule on venue not applicable?
When Rule not applicable. - This Rule shall not
apply ­
(a) In those cases where a specific rule or law
provides otherwise; or
(b) Where the parties have validly agreed in
writing before the filing of the action on the
exclusive venue thereof. (Rule 4, Section 4)
- Improper venue may be raised in the answer
if no motion to dismiss has been filed.
Distinguish between venue and jurisdiction.
- Jurisdiction is conferred by law and not
subject to stipulation of the parties. It
relates to the nature of the case.
- Venue pertains to the place where case may
be filed. It may be waived and subjected to
the agreement of the parties provided that it
does not cause them inconvenience.
- Venue has nothing to do with jurisdiction,
except in criminal cases. Both are not
synonymous concepts.
additional forum, not as limiting venue to
the specified place.
Discuss Ley Construction and Development
Corp. v. Sedano, G.R. No. 222711, 23 August
2017.
What happens if there is improper venue?
- Venue, simply, is the place of trial or
geographical location in which an action or
proceeding should be brought. In civil cases,
venue is a matter of procedural law. While
rules are provided as to where a civil case
must be filed, the other party must object to
an improper venue, otherwise, the objection
is deemed waived and the court can
proceed.
- When improper venue is not objected to in a
motion to dismiss, it is deemed waived.
Read Rule 5.
What do you understand by uniform
procedure?
Uniform procedure. - The procedure in the
Municipal Trial Courts shall be the same as in the
Regional Trial Courts, except (a) where a particular
provision expressly or impliedly applies only to
either of said courts, or (b) in civil cases governed
by the Rule on Summary Procedure. (Rule 5,
Section 1)

May venue be the subject of stipulation?

- Yes. The parties are not precluded from

agreeing in writing on an exclusive venue
before the filing of the action.

What is restrictive stipulation on venue?

- Written stipulations as to venue may be

restrictive in the sense that the suit may be
filed only in the place agreed upon.
- As regards restrictive stipulations on venue,
jurisprudence instructs that it must be
shown that such stipulation is exclusive. In
the absence of qualifying or restrictive
words, such as "exclusively," "waiving for
this purpose any other venue," "shall only"
preceding the designation of venue, "to the
exclusion of the other courts," or words of
similar import, the stipulation should be
deemed as merely an agreement on an
WEEK 6
a. Read Rule 6.
b. Define pleadings.
Pleadings defined. — Pleadings are the written
statements of the respective claims and defenses of
the parties submitted to the court for appropriate
judgment. (Rule 6, Section 1)
c. What are the pleadings allowed?
Pleadings allowed. — The claims of a party are
asserted in a complaint, counterclaim, cross-claim,
third (fourth, etc.)-party complaint, or
complaint-in-intervention.
The defenses of a party are alleged in the answer to
the pleading asserting a claim against him or her.
An answer may be responded to by a reply only if
the defending party attaches an actionable
document to the answer. (Rule 6, Section 2)
d. What is a Complaint?
Complaint. — The complaint is the pleading
alleging the plaintiffs or claiming party's cause or
causes of action. The names and residences of the
plaintiff and defendant must be stated in the
complaint. (Rule 6, Section 3)
- A complaint states a cause of action only
when it has its 3 indispensable elements,
namely:
(1) A right in favor of the plaintiff by
whatever means and under whatever
law it arises or is created;
(2) An obligation on the part of the
named defendant to respect or not
violate such right; and
(3) An act or omission on the part of
such defendant violative of the right
of the plaintiff or constituting a
breach of the obligation of defendant
to the plaintiff for which the latter
may maintain an action for recovery
of damages.
e. What is an Answer?
Answer. — An answer is a pleading in which a
defending party sets forth his defenses. (Rule 6,
Section 4)
f. What are the kinds of defenses?
Explain each.
Defenses. — Defenses may either be negative or
affirmative.
(a) A negative defense is the specific denial of
the material fact or facts alleged in the
pleading of the claimant essential to his
cause or causes of action.
(b) An affirmative defense is an allegation of, a
new matter which, while hypothetically
admitting the material allegations in the
pleading of the claimant, would nevertheless
prevent or bar recovery by him or her. The
affirmative defenses include fraud, statute
of limitations, release, payment, illegality,
statute of frauds, estoppel, former recovery,
discharge in bankruptcy, and any other
matter by way of confession and avoidance.
Affirmative defenses may also include grounds for
the dismissal of a complaint, specifically, that the
court has no jurisdiction over the subject matter,
that there is another action pending between the
same parties for the same cause, or that the action
is barred by a prior judgment. (Rule 6, Section 5)
- Negative defense:
- A specific denial is a negative
defense.
(1) A defendant specifies each
material allegation of fact the
truth of which he does not
admit and, whenever
practicable, sets forth the
substance of the matters he
relies upon to support his
denial, or if he denies only a
part of the averment, he
specifies so much of it as is
true and denies the
remainder
(2) A defendant states that he
does not have knowledge or
information sufficient to
form a belief as to the truth
of a material averment.
- The defense of denial being a
negative defense, if not
substantiated by clear and
convincing evidence, would merit no
weight in law and cannot be given
greater evidentiary value than the
testimony of credible witnesses who
testified on affirmative matters
- Affirmative defense:
- An affirmative defense does not
require that the defending party
admit, expressly or impliedly, the
material allegations of the
 complaint. It is an allegation of new
matter which, while hypothetically
admitting the material allegations in
the pleading of the claimant, would
prevent or bar recovery.
- Some of these affirmative defenses
are statute of limitations, release,
payment, former recovery or
discharge in bankruptcy, and statute
of frauds.
i. What are the additional
affirmative defenses? Explain
each.
Affirmative defenses may also include grounds for
the dismissal of a complaint, specifically, that the
court has no jurisdiction over the subject matter,
that there is another action pending between the
same parties for the same cause, or that the action
is barred by a prior judgment. (Rule 6, Section 5)
- The 2019 amendments provides for
additional affirmative defenses that are also
grounds for the dismissal of a complaint,
such as lack of jurisdiction over the subject
matter, pendency of another action between
the same parties for the same cause (litis
pendentia), and bar by a prior judgment (res
judicata).
(1) lack of jurisdiction over the subject
matter
- Jurisdiction over the subject
matter is the power to hear
and determine the general
class to which the
proceedings in question
belong; it is conferred by law
and not by the consent or
acquiescence of any or all of
the parties or by erroneous
belief of the court that it
exists.
- When a court has no
jurisdiction over the subject
matter, the only power it has
is to dismiss the action,
(2) pendency of another action between
the same parties for the same cause
(litis pendentia)
- Litis pendentia is a sanction
of public policy against
multiplicity of suits.
- Litis pendentia as a ground
for the dismissal of a civil
action refers to that situation
wherein another action is
pending between the same
parties for the same cause of
action, such that the second
action becomes unnecessary
and vexatious.
- The underlying principle of
litis pendentia is the theory
that a party is not allowed to
vex another more than once
regarding the same subject
matter and for the same
cause of action. This theory is
founded on the public policy
that the same subject matter
should not be the subject of
controversy in courts more
than once, in order that
possible conflicting
judgments may be avoided
for the sake of the stability of
the rights and status of
persons.
- The requisites of litis
pendentia are:
(a) the identity of parties,
or at least such as
representing the same
interests in both
actions;
(b) the identity of rights
asserted and relief
prayed for, the relief
being founded on the
same facts; and
(c) the identity of the two
cases such that
judgment in one,
regardless of which
party is successful,
would amount to res
judicata in the other.
(3) bar by a prior judgment (res
judicata)
- "Bar by prior judgment" is a
general term. It has two
kinds: res judicata and bar on
re-litigation of an issue. Most
textbooks refer to "res
judicata" as "bar by prior
judgment."
- Bar by prior judgment is the
doctrine of res judicata which
bars a second action when
there is identity of parties,
subject matter and cause of
action. This means that a
judgment has already been
rendered by a court or
 tribunal of competent
authority and, subsequently,
an action or petition
involving the same parties,
subject matter and cause of
action is filed in court. In
such a case, the remedy is to
file a motion to dismiss on
the ground of res judicata
(meaning "the thing has
already been adjudicated").
g. What is a counterclaim?
Counterclaim. — A counterclaim is any claim which
a defending party may have against an opposing
party. (Rule 6, Section 6)
h. What is a compulsory counterclaim?
Compulsory counterclaim. — A compulsory
counterclaim is one which, being cognizable by the
regular courts of justice, arises out of or is
connected with the transaction or occurrence
constituting the subject matter of the opposing
party's claim and does not require for its
adjudication the presence of third parties of whom
the court cannot acquire jurisdiction. Such a
counterclaim must be within the jurisdiction of the
court both as to the amount and the nature thereof,
except that in an original action before the Regional
Trial Court, the counterclaim may be considered
compulsory regardless of the amount. A
compulsory counterclaim not raised in the same
action is barred, unless otherwise allowed by these
Rules. (Rule 6, Section 7)
- A counterclaim is compulsory when its
object "arises out of or is necessarily
connected with the transaction or
occurrence constituting the subject matter
of the opposing party's claim and does not
require for its adjudication the presence of
third parties of whom the court cannot
acquire jurisdiction."
i. What are the requisites of
compulsory counterclaim?
(1) It must arise out of, or be necessarily
connected with, the transaction or
occurrence that is the subject matter
of the opposing party’s or co-party’s
claim;
(2) It does not require for its
adjudication the presence of third
parties of whom the court cannot
acquire jurisdiction; and
(3) The court has jurisdiction to
entertain the claim both as to its
amount and nature, except that in an
original action before the RTC, the
counter-claim may be considered
compulsory regardless of the
amount.
j. What is the effect of failing to raise a
compulsory counterclaim?
A compulsory counterclaim not raised in the same
action is barred, unless otherwise allowed by these
Rules. (Rule 6, Section 7)
- Unlike permissive counterclaims,
compulsory counterclaims should be set up
in the same action; otherwise, they would be
barred forever.
k. What is a permissive counterclaim?
- It is permissive "if it does not arise out of or
is not necessarily connected with the subject
matter of the opposing party's claim."
- A permissive counterclaim is essentially an
independent claim that may be filed
separately in another case.
l. What is a cross-claim?
Cross-claim. — A cross-claim is any claim by one
party against a co-party arising out of the
transaction or occurrence that is the subject matter
either of the original action or of a counterclaim
therein. Such cross-claim may cover all or part of
the original claim. (Rule 6, Section 8)
m. What is a counter-counterclaim?
Counter-counterclaims and counter-crossclaims.
— A counter-claim may be asserted against an
original counter-claimant.
A cross-claim may also be filed against an original
cross-claimant. (Rule 6, Section 9)
a - A counter-counterclaim is a counterclaim
asserted against an original
counter-claimant.
n. What is a counter-cross-claim?
A cross-claim may also be filed against an original
cross-claimant. (Rule 6, Section 9)
- A counter-cross-claim is a cross-claim filed
against an original cross-claimant.
 o. What is a Reply?
Reply. — All new matters alleged in the answer are
deemed controverted. If the plaintiff wishes to
interpose any claims arising out of the new matters
so alleged, such claims shall be set forth in an
amended or supplemental complaint. However, the
plaintiff may file a reply only if the defending party
attaches an actionable document to his or her
answer.
A reply is a pleading, the office or function of which
is to deny, or allege facts in denial or avoidance of
new matters alleged in, or relating to, said
actionable document.
In the event of an actionable document attached to
the reply, the defendant may file a rejoinder if the
same is based solely on an actionable document.
(Rule 6, Section 10)
p. When is a reply necessary?
- Where the defense in the answer is based on
an actionable document, a reply specifically
denying it under oath must be made;
otherwise, the genuineness and due
execution of the document will be deemed
admitted.
q. What is a third-party complaint?
Third, (fourth, etc.)-party complaint. — A third
(fourth, etc.)-party complaint is a claim that a
defending party may, with leave of court, file
against a person not a party to the action, called the
third (fourth, etc.)-party defendant for
contribution, indemnity, subrogation or any other
relief, in respect of his opponent's claim.
The third (fourth, etc.)-party complaint shall be
denied admission, and the court shall require the
defendant to institute a separate action, where: (a)
the third (fourth, etc.)-party defendant cannot be
located within thirty (30) calendar days from the
grant of such leave; (b) matters extraneous to the
issue in the principal case are raised; or (c) the
effect would be to introduce a new and separate
controversy into the action. (Rule 6, Section 11)
- May be filed by a defendant, in respect to
the complaint; by a plaintiff, in respect to
the counterclaim; or by a co-party, in
respect to the cross-claim
- If a court has jurisdiction over the main
action, it has jurisdiction over a third-party
complaint which is ancillary thereto
- Has to yield to the jurisdiction and venue of
the main action
- Not proper in an action for declaratory relief
r. What are the requisites of a
third-party complaint?
(1) The party to be impleaded must not yet be a
party to the action;
(2) The claim against the third-party defendant
must belong to the original defendant;
(3) The claim of the original defendant against
the third-party defendant must be based
upon the plaintiff’s claim against the
original defendant; and
(4) The defendant is attempting to transfer to
the third-party defendant the liability
asserted against him by the original
plaintiff.
s. What is leave of court?
- The grant by the court of something, which,
without such grant it would have been
unlawful to do.
- Leave of court to file a third-party complaint
may be obtained by m0tion under Rule 15.
t. When is a third-party complaint
denied admission?
- A third-party complaint is denied admission
when:
(a) the third (fourth, etc.)-party
defendant cannot be located within
thirty (30) calendar days from the
grant of such leave;
(b) matters extraneous to the issue in
the principal case are raised; or
(c) the effect would be to introduce a
new and separate controversy into
the action. (Rule 6, Section 11)
u. When is bringing new parties
allowed?
Bringing new parties. — When the presence of
parties other than those to the original action is
required for the granting of complete relief in the
determination of a counterclaim or cross-claim, the
court shall order them to be brought in as
defendants, if jurisdiction over them can be
obtained. (Rule 6, Section 12)
- If one or more of the defendants in a
counterclaim or cross-claim is already a
party to the action, then the other necessary
parties may be brought in under this section
 i. Discuss Lafarge Cement
Philippines, Inc. v. Continental
Cement Corporation, G.R. No.
155173, 23 November 2004.
v. Distinguish between bringing new
parties and third-party complaint.
- A third-party complaint is proper when not
one of the third-party defendants therein is
a party to the main action. But if one or
more of the defendants in a counterclaim or
cross-claim is already a party to the action,
then the other necessary parties may be
brought in under this section
w. Discuss answer to third-party
complaint.
Answer to third (fourth, etc.)—party complaint. —
A third (fourth, etc.) — party defendant may allege
in his answer his defenses, counterclaims or
cross-claims, including such defenses that the third
(fourth, etc.) — party plaintiff may have against the
original plaintiff's claim. In proper cases, he may
also assert a counterclaim against the original
plaintiff in respect of the latter's claim against the
third-party plaintiff. (Rule 6, Section 13)
x. Read Rule 7.
y. What is a caption?
Caption. — The caption sets forth the name of the
court, the title of the action, and the docket number
if assigned.
The title of the action indicates the names of the
parties. They shall all be named in the original
complaint or petition; but in subsequent pleadings,
it shall be sufficient if the name of the first party on
each side be stated with an appropriate indication
when there are other parties.
Their respective participation in the case shall be
indicated. (Rule 7, Section 1)
z. Discuss the parts of the body of a
pleading.
The body. — The body of the pleading sets fourth its
designation, the allegations of the party's claims or
defenses, the relief prayed for, and the date of the
pleading.
(a) Paragraphs. — The allegations in the body of
a pleading shall be divided into paragraphs
so numbered to be readily identified, each of
which shall contain a statement of a single
set of circumstances so far as that can be
done with convenience. A paragraph may be
referred to by its number in all succeeding
pleadings.
(b) Headings. — When two or more causes of
action are joined the statement of the first
shall be prefaced by the words "first cause of
action,'' of the second by "second cause of
action", and so on for the others.
When one or more paragraphs in the answer
are addressed to one of several causes of
action in the complaint, they shall be
prefaced by the words "answer to the first
cause of action" or "answer to the second
cause of action" and so on; and when one or
more paragraphs of the answer are
addressed to several causes of action, they
shall be prefaced by words to that effect.
(c) Relief. — The pleading shall specify the
relief sought, but it may add a general
prayer for such further or other relief as may
be deemed just or equitable.
(d) Date. — Every pleading shall be dated. (Rule
7, Section 2)
aa. Discuss signature and address.
Signature and address. — (a) Every pleading and
other written submissions to the court must be
signed by the party or counsel representing him or
her.
(b) The signature of counsel constitutes a certificate
by him or her that he or she has read the pleading
and document; that to the best of his or her
knowledge, information, and belief, formed after an
inquiry reasonable under the circumstances:
(1) It is not being presented for any improper
purpose, such as to harass, cause
unnecessary delay, or needlessly increase
the cost of litigation;
(2) The claims, defenses, and other legal
contentions are warranted by existing law or
jurisprudence, or by a non-frivolous
argument for extending, modifying, or
reversing existing jurisprudence;
(3) The factual contentions have evidentiary
support or, if specifically so identified, will
likely have evidentiary support after
availment of the modes of discovery under
these rules; and
(4) The denials of factual contentions are
warranted on the evidence or, if specifically
so identified, are reasonably based on belief
or a lack of information.
(c) If the court determines, on motion or motu
proprio and after notice and hearing, that this rule
has been violated, it may impose an appropriate
sanction or refer such violation to the proper office
for disciplinary action, on any attorney, law firm, or
party that violated the rule, or is responsible for the
violation. Absent exceptional circumstances, a law
firm shall be held jointly and severally liable for a
violation committed by its partner, associate, or
employee. The sanction may include, but not
limited to, non-monetary directives or sanctions; an
order to pay a penalty in court; or, if imposed on
motion and warranted for effective deterrence, an
order directing payment to the movant of part or all
of the reasonable attorney's fees and other expenses
directly resulting from the violation, including
attorney's fees for the filing of motion for sanction.
The lawyer or law firm cannot pass on the monetary
penalty to the client. (Rule 7, Section 3)
bb.When is a lawyer subject to
disciplinary action according to
Section 3 of Rule 7?
- If the court determines that this rule (Rule
7) has been violated, it may impose an
appropriate sanction or refer such violation
to the proper office for disciplinary action,
on any attorney, law firm, or party that
violated the rule, or is responsible for the
violation.
cc. What is verification?
Verification. — Except when otherwise specifically
required by law or rule, pleadings need not be
under oath or verified.
A pleading is verified by an affidavit of an affiant
duly authorized to sign said verification. The
authorization of the affiant to act on behalf of a
party, whether in the form of a secretary's
certificate or a special power of attorney, should be
attached to the pleading, and shall allege the
following attestations:
(a) The allegations in the pleading are true and
correct based on his personal knowledge, or
based on authentic documents;
(b) The pleading is not filed to harass, cause
unnecessary delay, or needlessly increase
the cost of litigation; and
(c) The factual allegations therein have
evidentiary support or, if specifically so
identified, will likewise have evidentiary
support after a reasonable opportunity for
discovery.
The signature of the affiant shall further serve as a
certification of the truthfulness of the allegations in
the pleading.
A pleading required to be verified that contains a
verification based on "information and belief," or
upon "knowledge, information and belief," or lacks
a proper verification, shall be treated as an
unsigned pleading. (Rule 7, Section 4)
- Verification is an averment by the party
making a pleading that he is prepared to
establish the truth of the facts which he has
pleaded. A pleading is verified by an
affidavit stating that the person verifying
has read the pleading and that the
allegations thereof are true of his own
knowledge. Verification based on
"information and belief," or upon
"knowledge, information and belief" shall be
deemed insufficient.
dd. How is a verification made? Who
makes the verification?
- How is a verification made: A pleading is
verified by an affidavit that the affiant has
read the pleadings and that the allegations
therein are true and correct of his personal
knowledge or based on authentic records.
Verifications based on "information and
belief," or upon "knowledge, information
and belief," shall be deemed insufficient.
- Who makes the verification: The party does
not need to sign the verification. A party’s
representative, lawyer, or any person who
personally knows the truth of the facts
alleged in the pleading may sign the
verification. Verification is deemed
substantially complied with when one who
has ample knowledge to swear to the truth
of the allegations in the complaint or
petition signs the verification, and when
matters alleged in the petition have been
made in good faith or are true and correct.
i. Discuss Altres v. Empleo, G.R.
No. 180986, 10 December
2008. [Take note of the
rules/jurisprudential
pronouncements regarding
compliance or non-compliance
with verification of pleadings
and execution of certificate
against forum shopping]
ee. When is a pleading required to be
verified?
 - As a general rule, pleadings need not be
verified, unless there is a law or rule
specifically requiring the same.
- Verification is required to secure an
assurance that the allegations in the petition
have been made in good faith or are true
and correct, and not merely speculative.
ff. What is a certification against forum
shopping?
Certification against forum shopping. — The
plaintiff or principal party shall certify under oath
in the complaint or other initiatory pleading
asserting a claim for relief, or in a sworn
certification annexed thereto and simultaneously
filed therewith: a) that he has not theretofore
commenced any action or filed any claim involving
the same issues in any court, tribunal or
quasi-judicial agency and, to the best of his
knowledge, no such other action or claim is pending
therein; (b) if there is such other pending action or
claim, a complete statement of the present status
thereof; and (c) if he should thereafter learn that
the same or similar action or claim has been filed or
is pending, he shall report that fact within five (5)
calendar days therefrom to the court wherein his
aforesaid complaint or initiatory pleading has been
filed.
The authorization of the affiant to act on behalf of a
party, whether in the form of a secretary's
certificate or a special power of attorney, should be
attached to the pleading.
Failure to comply with the foregoing requirements
shall not be curable by mere amendment of the
complaint or other initiatory pleading but shall be
cause for the dismissal of the case without
prejudice, unless otherwise provided, upon motion
and after hearing. The submission of a false
certification or non-compliance with any of the
undertakings therein shall constitute indirect
contempt of court, without prejudice to the
corresponding administrative and criminal actions.
If the acts of the party or his counsel clearly
constitute willful and deliberate forum shopping,
the same shall be ground for summary dismissal
with prejudice and shall constitute direct contempt,
as well as a cause for administrative sanctions.
(Rule 7, Section 5)
- A certification of non-forum shopping is a
certification under oath by the plaintiff or
principal party in the complaint or other
initiatory pleading asserting a claim for
relief or in a sworn certification annexed
thereto and simultaneously filed therewith,
(a) that he has not theretofore commenced
any action or filed any claim involving the
same issues in any court, tribunal or
quasi-judicial agency and, to the best of his
knowledge, no such other action or claim is
pending therein; (b) if there is such other
pending action or claim, a complete
statement of the present status thereof; and
(c) if he should thereafter learn that the
same or similar action or claim has been
filed or is pending, he shall report that fact
within five (5) days therefrom to the court
wherein his aforesaid complaint or
initiatory pleading has been filed.
gg. How is it made and when is it not
required?
- How is it made: To curb the malpractice of a
party from instituting two or more actions
or proceedings grounded on the same cause
with the intention of getting a favorable
decision from one or the other courts, the
Rules now require that every case filed must
be accompanied by a "Certificate of
Non-Forum Shopping". The plaintiff or the
principal party shall certify under oath in
the complaint or other initiatory pleading
asserting a claim for relief that he has not
commenced any action or filed any
complaint involving the same issues in any
other court and that no such other action is
pending therein. Without such certification,
the case will be dismissed (Section 5, Rule 7
Rules of Court)
- When is it not required: Certificate of
non-forum shopping is not required in a
compulsory counterclaim.
hh. What are the tests to determine
forum shopping?
- The test in determining the presence of
forum shopping is whether in the two (or
more) cases pending, there is identity of (a)
parties, (b) rights or causes of action, and
(c) reliefs sought.
ii. What are the sanctions for forum
shopping?
- Forum shopping consists of filing multiple
suits in different courts, either
simultaneously or successively, involving
the same parties, to ask the courts to rule on
the same or related causes and/or to grant
the same or substantially same reliefs. The
Supreme Court has condemned this practice
 as it creates the possibility of conflicting
decisions being rendered by the different
fora upon the same issue.
- If the acts of the party or his counsel clearly
constitute willful and deliberate forum
shopping, the same shall be ground for
summary dismissal with prejudice and shall
constitute direct contempt, as well as a
cause for administrative sanctions. (Rule 7,
Section 5)
jj. What are required to be included in a
pleading stating a party’s claims or
defenses?
Contents. — Every pleading stating a party's claims
or defenses shall, in addition to those mandated by
Section 2, Rule 7, state the following:
(a) Names of witnesses who will be presented to
prove a party's claim or defense;
(b) Summary of the witnesses' intended
testimonies, provided that the judicial
affidavits of said witnesses shall be attached
to the pleading and form an integral part
thereof. Only witnesses whose judicial
affidavits are attached to the pleading shall
be presented by the parties during trial.
Except if a party presents meritorious
reasons as basis for the admission of
additional witnesses, no other witness or
affidavit shall be heard or admitted by the
court; and
(c) Documentary and object evidence in
support of the allegations contained in the
pleading. (Rule 7, Section 6)
kk.Study the Judicial Affidavit Rule
(A.M. No. 12-8-8-SC).
ll. What is a Judicial Affidavit?
Scope. - (a) This Rule shall apply to all actions,
proceedings, and incidents requiring the reception
of evidence before:
(1) The Metropolitan Trial Courts, the
Municipal Trial Courts in Cities, the
Municipal Trial Courts, the Municipal
Circuit Trial Courts, and the Shari' a Circuit
Courts but shall not apply to small claims
cases under A.M. 08-8-7-SC;
(2) The Regional Trial Courts and the Shari'a
District Courts;
(3) The Sandiganbayan, the Court of Tax
Appeals, the Court of Appeals, and the
Shari'a Appellate Courts;
(4) The investigating officers and bodies
authorized by the Supreme Court to receive
evidence, including the Integrated Bar of the
Philippine (IBP); and
(5) The special courts and quasi-judicial bodies,
whose rules of procedure are subject to
disapproval of the Supreme Court, insofar
as their existing rules of procedure
contravene the provisions of this Rule.1
(b) For the purpose of brevity, the above courts,
quasi-judicial bodies, or investigating officers shall
be uniformly referred to here as the "court."
(Section 1, A.M. No. 12-8-8-SC)
Submission of Judicial Affidavits and Exhibits in
lieu of direct testimonies. - (a) The parties shall file
with the court and serve on the adverse party,
personally or by licensed courier service, not later
than five days before pre-trial or preliminary
conference or the scheduled hearing with respect to
motions and incidents, the following:
(1) The judicial affidavits of their witnesses,
which shall take the place of such witnesses'
direct testimonies; and
(2) The parties' documentary or object
evidence, if any, which shall be attached to
the judicial affidavits and marked as
Exhibits A, B, C, and so on in the case of the
complainant or the plaintiff, and as Exhibits
1, 2, 3, and so on in the case of the
respondent or the defendant.
(b) Should a party or a witness desire to keep the
original document or object evidence in his
possession, he may, after the same has been
identified, marked as exhibit, and authenticated,
warrant in his judicial affidavit that the copy or
reproduction attached to such affidavit is a faithful
copy or reproduction of that original. In addition,
the party or witness shall bring the original
document or object evidence for comparison during
the preliminary conference with the attached copy,
reproduction, or pictures, failing which the latter
shall not be admitted.
This is without prejudice to the introduction of
secondary evidence in place of the original when
allowed by existing rules. (Section 2, A.M. No.
12-8-8-SC)
Contents of judicial Affidavit. - A judicial affidavit
shall be prepared in the language known to the
witness and, if not in English or Filipino,
accompanied by a translation in English or Filipino,
and shall contain the following:
 (a) The name, age, residence or business
address, and occupation of the witness;
(b) The name and address of the lawyer who
conducts or supervises the examination of
the witness and the place where the
examination is being held;
(c) A statement that the witness is answering
the questions asked of him, fully conscious
that he does so under oath, and that he may
face criminal liability for false testimony or
perjury;
(d) Questions asked of the witness and his
corresponding answers, consecutively
numbered, that:
(1) Show the circumstances under
which the witness acquired the facts
upon which he testifies;
(2) Elicit from him those facts which are
relevant to the issues that the case
presents; and
(3) Identify the attached documentary
and object evidence and establish
their authenticity in accordance with
the Rules of Court;
(e) The signature of the witness over his printed
name; and
(f) A jurat with the signature of the notary
public who administers the oath or an
officer who is authorized by law to
administer the same. (Section 3, A.M. No.
12-8-8-SC)
Sworn attestation of the lawyer. - (a) The judicial
affidavit shall contain a sworn attestation at the
end, executed by the lawyer who conducted or
supervised the examination of the witness, to the
effect that:
(1) He faithfully recorded or caused to be
recorded the questions he asked and the
corresponding answers that the witness
gave; and
(2) Neither he nor any other person then
present or assisting him coached the witness
regarding the latter's answers.
(b) A false attestation shall subject the lawyer
mentioned to disciplinary action, including
disbarment. (Section 4, A.M. No. 12-8-8-SC)
- Affidavit is a written, out-of-court statement
taken before a notary public or any person
authorized to administer an oath.
- The form of the judicial affidavit was
presented in the Interim Rules stating that
the “affidavits shall be in question and
answer form, and shall comply with the
rules on admissibility of evidence” (Section
8, Rule 2, A.M. No. 01-2-04-SC). It further
stated that “[O]nly persons whose affidavits
were submitted may be presented as
witnesses… [t]he affidavits of the witnesses
shall serve as their direct testimonies,
subject to cross-examination in accordance
with existing rules on evidence” (Section 1,
Rule 5, A.M. No. 01-2-04-SC).
- It aims to significantly reduce the amount of
time spent in litigation by mandating the
submission of written affidavits of witnesses
in lieu of their being subjected to direct
examination on the witness stand.
mm. What is the effect of failure to
attach the judicial affidavit of
witnesses to the pleading?
Effect of non-compliance with the judicial Affidavit
Rule. - (a) A party who fails to submit the required
judicial affidavits and exhibits on time shall be
deemed to have waived their submission. The court
may, however, allow only once the late submission
of the same provided, the delay is for a valid reason,
would not unduly prejudice the opposing party, and
the defaulting party pays a fine of not less than P
1,000.00 nor more than P 5,000.00 at the
discretion of the court.
(b) The court shall not consider the affidavit of any
witness who fails to appear at the scheduled
hearing of the case as required. Counsel who fails to
appear without valid cause despite notice shall be
deemed to have waived his client's right to confront
by cross-examination the witnesses there present.
(c) The court shall not admit as evidence judicial
affidavits that do not conform to the content
requirements of Section 3 and the attestation
requirement of Section 4 above. The court may,
however, allow only once the subsequent
submission of the compliant replacement affidavits
before the hearing or trial provided the delay is for
a valid reason and would not unduly prejudice the
opposing party and provided further, that public or
private counsel responsible for their preparation
and submission pays a fine of not less than P
1,000.00 nor more than P 5,000.00, at the
discretion of the court. (Section 10, A.M. No.
12-8-8-SC)