Referral to Barangay: Sec 412 of LGC of 1991

GR: barangay conciliation required – complaint, petition, action or proceedings involving any
matter within the authority of the Lupon
 May be grounds to file MTD in ordinary civil cases and in summary proceedings, BUT
MAY BE WAIVED
 Dismissal WITHOUT PREJUDICE. May be revived by motion before the finality of the
dismissal. Must be refiled if the dismissal has attained finality.
 Dismissal based on this is NOT APPEALABLE, because this is without prejudice! Remedy
is the refiling of the case or revival by motion.
 Can the court motu propio dismiss based on this? NO. (Rule 9 Sec 1)
o EXC if summary or small claims; motu propio dismissal allowed.
 But in small claims, only motu propio dismissal is allowed under this rule.
No MTD is allowed.
 Can you file a MTD on interpleader on this ground? YES.
EXC: Sec 408 RA 7160, Sec 412(b) LGC, CARP, Labor Cases, Tribal Courts

JOINDER OF CAUSES OF ACTION (Rule 2 Sec 5)

1. Comply with joinder of parties
2. One of the claims must be with RTC – then RTC has jurisdiction
3. Totality Rule
4. Cannot join special civil actions

JOINDER OF CLAIMS (in small claims)

 If aggregate amount of claims does not exceed the allowable amount

PARTIES
Only natural and juridical persons are allowed
Citizen Suit – suit filed by any Filipino citizen in representation of others in an action to enforce
environmental laws

Real parties in interest in a derivative suit – THE CORPORATION ITSELF!

VENUE
Geographical location where the case shall be instituted, heard, and tried
Waivable in civil cases
May be subject of stipulation
 In writing
 Signed by the parties
 Must contain words of exclusivity

PERSONAL ACTIONS – where the plaintiff or the defendant resides, at the election of the
plaintiff
REAL ACTION – where the property is situated
May be subject to a MTD to be filed before a responsive pleading is filed. But, this dismissal is
without prejudice. Remedy if MTD is granted is to refile the action.

WHEN WILL VENUE NOT BE APPLICABLE

 Extra-judicial foreclosure of mortgage (because “extrajudicial” is not an action; only
actions may be subject to rule 4)

PLEADINGS
“SET OFF” – permissive counterclaim
“recoupment” – compulsory counterclaim

Though the main action is dismissed, both kinds of counterclaims will subsist!

New parties may be brought in to afford the parties complete relief (Rule 6 Sec 12)
 The court will allow the amendment of the pleading so that new parties may be brought
in

Compelling test of compulsoriness – logical relationship between the claim and the
counterclaim

In case the counterclaim is decided on and the main case is still pending, remedy is certiorari
R65!

PARTS OF THE PLEADING

Certification Against Forum Shopping – for ALL INITIATORY PLEADINGS
 This is a condition precedent for all initiatory pleadings. MTD grounded on failure to
comply with condition precedent. This is without prejudice! Remedy is to refile.
 Cannot be the subject of amendment
 No motu propio dismissal is there is no certification

Acts of Forum Shopping:

1. Splitting cause of action
2. Litis pendentia
3. Res judicata
a. Same parties
b. Same cause of action
c. Same relief

There is motu propio dismissal in case there is forum shopping! Dismissal with prejudice
because it is based on litis pendentia. (remember – forum shopping is different from the
certificate against forum shopping!)

EFFECT OF FAILURE TO PLEAD