Distinguish between joinder of parties and causes of action (cite requisites)

Joinder of Causes of Action Joinder of Parties

As to nature
Permissive GR: Permissive
XPN: Compulsory in case of indispensable
parties

As to requisites
1. The plaintiff asserts numerous
causes of action in one pleading
2. The causes of action are against
the same opposing party
3. The party joining the causes of
action complies with the rules on
joinder of parties
4. The joinder shall not include
special civil actions or actions
governed by special rules
It is well to remember that the joinder of
causes of action may involve the same
parties or different parties. If the joinder
involves different parties, requisites for
joinder of parties must also be complied
with.
1. The right to relief arises out of the
same transaction or series of
transactions, whether jointly,
severally or in the alternatively
2. There is a question of law or fact
common to all the plaintiffs or
defendants which may arise in the
action; and
3. Such joinder is not otherwise
proscribed by the provisions of the
ROC on jurisdiction and venue

Effect of misjoinder / non joinder

GR: Not a ground for dismissal Not a ground for dismissal

XPN: when the subject matter of one of the In case of non-joinder of compulsory
misjoined cause of action is not within the indispensable party, all the subsequent
jurisdiction of the court proceedings in the action as well as the
- If the court has no jurisdiction to try judgment are null and void
the misjoined action, then it must
be severed. Otherwise,
adjudication rendered by the court
with respect to it would be a nullity

As to remedy in case of misjoinder / non joinder

A misjoined cause of action may, on Parties may be dropped or added by order of
motion of a party or on the initiative of the the court on motion of any party or on its
court, be severed and proceeded with own initiative at any stage of the action and
separately on such terms as are just.

Any claim against a misjoined party may be

severed and proceeded with separately

Remedy for non-joinder of indispensable

party:
- Motion to implead – the court will
order to implead the indispensable
party
- Plaintiff’s failure to comply with the
 above order – maybe a ground for
dismissal under Rule 17, Sec. 3
- If the case will proceed and a
judgment be rendered despite non-
joinder of the indispensable party –
Petition for Annulment of Judgment

What are the requisites for securing a declaration of default and what are the
remedies against a declaration of default?

 If the defendant fails to answer within the time allowed therefor, the court shall
declare the defending party in default upon motion of the claiming party with
notice to the defending party, and proof of such failure.

Thereupon, the court shall:

a) Proceed to render judgment granting the claimant such relief as his

pleading may warrant; or

b) In its discretion, require the claimant to submit evidence.

 Remedies:

a) Before notice of order of default – file a motion to admit answer

giving justifiable cause for the delay in the filing of the answer. The
court should admit the answer in order to resolve the case on the
merits rather than on technicalities.

b) After order of default but before judgment – file a motion to set aside
the default order under oath upon proper showing that his failure to
answer was due to FAME and that he has a meritorious defense.

c) After judgment but before it becomes final – file a motion for new trial
on the ground of FAME under R37. If denied, the defendant may
appeal within 15 days from receipt of the order denying the said
motion.

d) After judgment becomes final – file petition for relief under R38. If the
defendant was wrongly declared in default, file a special civil for
certiorari setting aside the judgment.

e) After period to file a petition for relief has lapsed – file a petition for
annulment of judgment based on extrinsic fraud under R47.

What are the remedies against a default judgment?

a) Appeal
 b) Motion for reconsideration

What are the undertakings implied in signature of counsel in pleadings?

 If the counsel fails to state his signature on the following matters, the pleading
is considered as not having signed:

a) Address
b) PTR OR number for the current year
c) IBP OR number for the current year
d) Roll number
e) Number and date of issue of MCLE COC/COE for the current or
immediately preceding compliance period
f) In pleadings filed with the SC, he should indicate his contact details
(phone, fax, CP, or email)

What are the remedies against splitting a cause of action?

 The defendant may file:

a) Motion to dismiss on the ground of:

i. litis pendentia, if the first complaint is still pending; or

ii. res judicata, if the first complaint is terminated by final judgment.

b) Answer alleging either of the foregoing grounds as affirmative defense.

What is the rule on partial default? Discuss.

 When a pleading asserting a claim states a common cause of action against

several defending parties, some of whom answer and the others fail to do so,
the court shall try the case against all upon the answers thus filed and render
judgment upon the evidence presented.

 Paragraph (c) of Section 3, Rule 9 only provides for the manner in which the
trial will be conducted in a case where a defendant filed no Answer although
his co-defendants did. The paragraph provides only that the case will be tried
upon the Answers filed by the responsive defendants. Nowhere does it state
that the Rule on default does not apply. It is not an exception to a defendant
being declared in default.

 Paragraph (c) of Section 3, Rule 9 thus provides for the manner of the trial’s
conduct in a situation where one party among several, but not all, were
declared in default pursuant to the first paragraph of Section 3, Rule 9. It
contemplates the existence of a default in one of the defendants. It is,
therefore, not an exception to the rule on default, but a consequence.
Distinguish between the ultimate objective approach from the textual approach in
determining whether the subject matter of a complaint is beyond pecuniary
estimation

Ultimate Objective Textual Approach

It is dependent on the supposed ultimate In determining court jurisdiction, its basis is
motive or true objective of the complaint in the body of the complaint and the relief
sought without reference to extraneous
facts not alleged or evidence still to be
presented
The court considers the true objective of the Courts must adhere to the Textual
complaint beyond what is written in the Approach and not on the True Objective
pleading in determining whether the
complaint is incapable of pecuniary
estimation

 It is clear that subject matter jurisdiction cannot be dependent on the

supposed ultimate motive or true objective of the complaint because this will
require the judge to speculate on the defenses of the plaintiff beyond the
material allegations contained in the complaint.

 Likewise, in attempting to pinpoint the true objective of the complaint at the

initial stages of trial, the judge might end up dictating the result outside of the
evidence still to be presented during the trial, opening up the judge to charges
of partiality and even impropriety.

What is the Manotoc doctrine? Discuss the characteristics of an ideal sheriff and how
these are reflected in his return of service

 The court’s jurisdiction over a defendant is founded on a valid service of

summons. Without a valid service, the court cannot acquire jurisdiction over
the defendant, unless the defendant voluntarily submits to it. The defendant
must be properly apprised of a pending action against him and assured of the
opportunity to present his defenses to the suit. Proper service of summons is
used to protect one’s right to due process.

 The Sheriff’s Return must show that serious efforts or attempts were exerted
to personally serve the summons and that said efforts failed.

 These facts must be specifically narrated in the Return.

 To reiterate, it must clearly show that the substituted service must be made on
a person of suitable age and discretion living in the dwelling or residence of
defendant.

 Otherwise, the Return is flawed, and the presumption cannot be availed of. As
previously explained, the Return of Sheriff Cañelas did not comply with the
stringent requirements of Rule 14, Section 8 on substituted service.
What are the consequences of failure to attend pretrial for the plaintiff and for the
defendant?

 For the plaintiff, failure to appear without valid cause shall cause the dismissal
of the action with prejudice, unless otherwise ordered by the court.

 With respect to the defendant, failure to appear without valid cause shall allow
the plaintiff to present his evidence ex-parte within 10 days from termination of
pre-trial, and the court to render judgment on the basis of the evidence
offered.

 In both instances, it shall result in a waiver of any objections to the

faithfulness of the reproductions marked, or their genuineness and due
execution

What should the initiatory pleading contain and how is it verified?

 Initiatory pleading:

a) Caption – name of the court, title of the action, and the docket number, if
assigned.

b) Body – its designation, allegations of the party’s claim or defenses, relief

prayed for, and the date of the pleading.

c) Signature and address – includes the signature of the counsel stating the
following matters (PIRMA):

(i) PTR OR for the current year

(ii) IBP OR for the current year
(iii) Roll number
(iv) MCLE Certificate of Compliance/Exemption number and date for
the current or immediately preceding compliance period
(v) Address
(vi) SC – contact details

 A pleading is verified by an affidavit of an affiant duly authorized to sign said

verification and shall allege the following attestations:

a) The allegations in the pleading are true and correct based on his
personal knowledge or 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.

Discuss the concept of forum shopping and its legal consequences

 It is prohibited because of the vexation caused the courts and parties-litigants

by a party who asks different courts or administrative agencies to rule on the
same or related causes or to grant the or substantially the same relief, in the
process creating the possibility of conflicting decisions being rendered by the
different forums upon the same issues.

 Failure to comply under the rules on forum shopping shall cause for the
dismissal of the complaint without prejudice, unless otherwise provided.

 Dismissal with prejudice if such dismissal order so provides or if the acts of

the party or his counsel clearly constitute willful and deliberate forum
shopping.

Distinguish personal service of the writ of summons from that of pleadings and other
papers

Personal Service of Writ of Summons Personal Service of other Pleadings and

Papers
What is being served
Write of summons with a copy of - Judgment
complaint, and order of appointment of - Resolution
guardian ad litem, if necessary - Order
- Pleading subsequent to the
complaint
- Written motion
- Notice
- Appearance
- Demand
- Offer of judgment
- Or similar papers
By whom served
- Sheriff - Court officer
- His/her deputy - Any party, even the defendant
- Other court officer
- Plaintiff when authorized by the
court
- Counsel when deputized by the
court

To whom served
Always to the defendant - If a party has appeared by counsel,
service upon such party shall be

How service made
- the summons shall be served by
handing a copy thereof to the
defendant in person and informing
the defendant that he or she is
being served, or,
- if he or she refuses to receive and
sign for it, by leaving the summons
within the view and in the presence
of the defendant.
made upon his or her counsel,
unless service upon the party and
the party’s counsel is ordered by the
court.
- Where one counsel appears for
several parties, such counsel shall
only be entitled to one copy of any
paper served by the opposite side.
- Court submissions may be served by
personal delivery of a copy to the:
o party or to the party’s
counsel, or
o to their authorized
representative named in the
appropriate pleading or
motion, or
o by leaving it in his or her
office with his or her clerk, or
with a person having charge
thereof.
o If no person is found in his or
her office, or his or her office
is not known, or he or she
has no office, then by leaving
the copy, between the hours
of eight in the morning and
six in the evening, at the
party’s or counsel’s
residence, if known, with a
person of sufficient age and
discretion residing therein.

When complete
Upon receipt of the defendant and upon Personal service is complete upon actual
informing him/her that he/she is being delivery
served

Or upon leaving of the copy in the

presence of the defendant
Proof of Service
Contained in the Sheriff’s Return Proof of personal service shall consist of:
- a written admission of the party
served, or
- the official return of the server, or
- the affidavit of the party serving,
containing a statement of the date,
place and manner of service

Effect of failure to serve

- for action in personam, it is - no due process
jurisdictional – improper service of - On some instances, reglementary
summon is a ground for dismissal period will not commence
or can be asserted as an affirmative
 defense– the court will not acquire - For motions, it will not be resolved by
jurisdiction over the person of the the court (under Rule 15)
defendant
- for action in rem and quasi in rem it
is a matter of due process

Distinguish substituted service of the writ of summons from that of pleadings and
other papers

Substituted serve of Writ of Summons Substituted service of pleadings and

other papers
When substituted service be made
If, for justifiable causes, the defendant cannot - If service cannot be made
be served personally after at least three (3) personally or by mail
attempts on two (2) different dates - The office and place of residence
of the party or his or her counsel
being unknown
How substituted service made
(a) By leaving copies of the summons at Service may be made by delivering the
the defendant’s residence to a person copy to the clerk of court, with proof of
at least eighteen (18) years of age failure of both personal service and
and of sufficient discretion residing service by mail. The service is complete at
therein; the time of such delivery
(b) By leaving copies of the summons at
[the] defendant’s office or regular
place of business with some
competent person in charge thereof.
A competent person includes, but is
not limited to, one who customarily
receives correspondences for the
defendant;
(c) By leaving copies of the summons, if
refused entry upon making his or her
authority and purpose known, with
any of the officers of the homeowners’
association or condominium
corporation, or its chief security officer
in charge of the community or the
building where the defendant may be
found; and
(d) By sending an electronic mail to the
defendant’s electronic mail address, if
allowed by the court.

Distinguish the modes of service from the modes of filing pleadings and other papers

Service Filing
Act of providing a party with a copy of the Act of submitting the pleading or other
pleading or any other court submission paper to the court

Personal service – court submissions may Personal service – by submitting

be served by personal delivery of a copy to personally the original, plainly indicated as
the party or to the party’s counsel, or to such, to the court. The OCC shall endorse
their authorized representative named in on the pleading the date and hour of filing.
the appropriate pleading or motion, or by
leaving it in his or her office with his or herThe filing of a pleading or any other court
clerk, or with a person having charge submission shall be proved by its existence
thereof. in the record of the case. If the pleading or
any other court submission is not in the
If no person is found in his or her office, or record, but is claimed to have been filed
his or her office is not known, or he or she personally, the filing shall be proven by the
has no office, then by leaving the copy, written or stamped acknowledgment of its
between the hours of eight in the morning filing by the clerk of court on a copy of the
and six in the evening, at the party’s or pleading or court submission.
counsel’s residence, if known, with a
person of sufficient age and discretion
residing therein.

Registered mail – by depositing the copy Registered mail – the date of the mailing,
in the post office, in a sealed envelope, as shown by the post office stamp on the
plainly addressed to the party or to the envelope or the registry receipt, shall be
party’s counsel at his or her office, if known, considered as the date of their filing,
otherwise at his or her residence, if known, payment, or deposit in court. The envelope
with postage fully pre-paid, and with shall be attached to the record of the case.
instructions to the postmaster to return the
mail to the sender after 10 calendar days if If the pleading or any other court
undelivered. submission was filed by registered mail, the
filing shall be proven by the registry receipt
If no registry service is available in the and by the affidavit of the person who
locality of either the sender or the mailed it, containing a full statement of the
addressee, service may be done by date and place of deposit of the mail in the
ordinary mail. post office in a sealed envelope addressed
to the court, with postage fully prepaid, and
Note: ordinary mail is not available in filing with instructions to the postmaster to return
the mail to the sender after 10 calendar
days if not delivered.

Substituted service – if personal service

or service by mail cannot be made, the
office and place of residence of the party or
his counsel being unknown, service may be
made by delivering the copy to the OCC
with proof of failure of both personal service
and service by mail.

The service is complete at the time of such

delivery.

Accredited courier service – proof of Accredited courier service – the date of

service shall be made by an affidavit of the mailing, as shown by the post office
service executed by the person who stamp on the envelope or the registry
brought the pleading or paper to the service receipt, shall be considered as the date of
 provider, together with the courier’s official their filing, payment, or deposit in court. The
receipt or document tracking number. envelope shall be attached to the record of
the case.

Service by electronic means – by sending Service by electronic means – by sending

an e-mail to the party’s or counsel’s
electronic mail address, or through other
electronic means of transmission as the
parties may agree on, or upon direction of
the court.
an e-mail to the party’s or counsel’s
electronic mail address, or through other
electronic means of transmission as the
parties may agree on, or upon direction of
the court.

Service by facsimile – by sending a

facsimile copy to the party’s or counsel’s
given facsimile number.

Distinguish personal and substituted service of the writ of summons on private

domestic juridical entities

 Personal – service may be made on the P, MP, GM, CS, T, or IC of the

corporation wherever they may be found, or in their absence, on their Secs.

 Substituted – if such service cannot be made upon any of the foregoing

persons, it shall be made upon the person who customarily receives the
correspondence for the defendant at its principal office.

 Service by electronic means – if allowed by the court, it may only avail if there
is a refusal on the part of the persons above-mentioned to receive summons
despite at least 3 attempts on 2 different dates.

Discuss the scope and subject matter of small claims under the Expedited Rules in
first level courts

 This Rule shall govern the procedure in actions before the MeTCs, MTCCs,
MTCs, and MCTCs.

 For payment or reimbursement of a sum of money where the value of the

claim does not exceed P1,000,000.00

Distinguish prohibited pleadings in summary procedure under the Expedited Rules

from the previous Rule in Summary Procedure

Old New

Sec. 19. Prohibited pleadings and motions. Sec. 2. Prohibited pleadings and motions. –
– The following pleadings, motions, or The following pleadings, motions, or
petitions shall not be allowed in the cases petitions shall not be allowed in cases
covered by this Rule: governed by these Rules:

(a) Motion to dismiss the complaint or to (a) In civil cases, a motion to dismiss the
quash the complaint or information complaint or the statement of claim,
 except on the ground of lack of
jurisdiction over the subject matter,
or failure to comply with the
preceding section;
(b) Motion for a bill of particulars
(c) Motion for new trial, or for
reconsideration of a judgment, or for
reopening of trial;
(d) Petition for relief from judgment;
(e) Motion for extension of time to fi le
pleadings, affidavits or any other
paper;
(f) Memoranda;
(g) Petition for certiorari, mandamus, or
prohibition against any interlocutory
order issued by the court;
(h) Motion to declare the defendant in
default;
(i) Dilatory motions for postponement;
(j) Reply;
(k) Third-party complaints;
(l) Interventions
Sec. 16. Prohibited Pleadings and
Motions. – The following pleadings,
motions, or petitions shall not be allowed in
the cases covered by this Rule:
(a) Motion to dismiss the Statement of
Claim/s;
(b) Motion for a bill of particulars;
(c) Motion for new trial, or for
reconsideration of a judgment, or
for reopening of trial;
(d) Petition for relief from judgment;
(e) Motion for extension of time to fi le
pleadings, affi davits, or any other
paper;
(f) Memoranda;
(g) Petition for certiorari, mandamus,
or prohibition against any
interlocutory order issued by the
court;
(h) Motion to declare the defendant in
default;
(i) Dilatory motions for postponement;
(j) Reply and rejoinder;
(k) Third-party complaints; and
(l) Interventions.
Discuss the concept of presumptive service
and in criminal cases, a motion to
quash the complaint or information,
except on the ground of lack of
jurisdiction over the subject matter or
failure to comply with the requirement
of barangay conciliation, pursuant to
Chapter VII, Title I, Book III of
Republic Act No. 7160;
(b) Motion to hear and/or resolve affi
rmative defenses;
(c) Motion for a bill of particulars;
(d) Motion for new trial, or for
reconsideration of a judgment on the
merits, or for reopening of
proceedings;
(e) Petition for relief from judgment;
(f) Motion for extension of time to fi le
pleadings, affi davits or any other
paper;
(g) Memoranda;
(h) Petition for certiorari, mandamus, or
prohibition against any interlocutory
order issued by the court;
(i) Motion to declare the defendant in
default;
(j) Dilatory motions for postponement.
Any motion for postponement shall be
presumed dilatory unless grounded on
acts of God, force majeure, or physical
inability of a counsel or witness to
personally appear in court, as
supported by the requisite affi davit
and medical proof;
(k) Rejoinder;
(l) Third-party complaints;
(m) Motion for and Complaint in
Intervention;
(n) Motion to admit late judicial affi
davit/s, position papers, or other
evidence, except on the ground of
force majeure or acts of God;
(o) Motion for judicial determination of
probable cause in criminal cases.
  There shall be presumptive notice to a party of a court setting if such notice
appears on the records to have been mailed at least 20 calendar days prior to
the scheduled date of hearing and if the addressee is from within the same
judicial region of the court where the case is pending, or at least 30 calendar
days if the addressee is from outside the judicial region.

Discuss the instances when electronic service in not allowed

 It is not authorized by the court. This is because under R13 S5, it provides
that “as may be authorized by the court”.

 Service of judgments, final orders or resolutions. It shall only be served either

personally or by registered mail.

 When conventional service is required under R13 S14. It shall not be served
or filed electronically unless express permission is granted by the court.

 When the Rules provides for other specific modes of service.

Discuss preliminary conference proceedings under the Expedited Rules for First
Level Courts

 Notice of Preliminary Conference:

1. The BCC shall issue a notice within 5 calendar days after the last
responsive pleading is filed.

2. Content:

i. Preliminary conference (within 30 CD from the filing of the last

responsive pleading).

ii. CAM (within an unextendible period of 30 CD from date of

referral from mediation).

iii. JDR in the court’s discretion (within an unextendible period of 15

CD from notice of failure of the CAM).

 Preliminary Conference Brief:

1. The parties shall file with the court and serve on the adverse party in
such a way to ensure receipt at least 3 CD before the scheduled
Preliminary Conference.

2. Contents:

i. Summary of admitted facts

 ii. Summary of disputed facts and proposals for stipulations on the
same
iii. Statement of factual and legal issues
iv. List of testimonial, object, and other documentary evidence
offered in support of the party’s claims or defenses, and their
markings, if any

 Preliminary Conference Order:

1. Immediately after the preliminary conference and issues have been

joined, the court shall issue a Preliminary Conference Order referring
the parties to the mandatory CAM and JDR which shall be conducted
in accordance with the 2019 guidelines for CAM and JDR in civil cases.

2. The court may, in the same Preliminary Conference Order, declare the
case submitted for judgment if, on the basis of the pleadings and their
attachments, as well as the stipulations and admissions made by the
parties, judgment may be rendered without need of submission of
position papers.

3. The court shall render judgment within 30 CD from issuance of the

order. Note that the judgment is not subject of MR, Petition for CPM,
but may be among the matters raised on appeal after judgment on the
merits.

4. If the court, however, deems the submission of position papers still

necessary, it shall require the parties, in the Preliminary Conference
Order, to submit their respective position papers within 10 CD from
receipt of such order.

5. No other judicial affidavits or evidence will be admitted even if filed with

the position papers.

Distinguish and discuss the grounds for a motion to dismiss from those of Affirmative
Defenses / Discuss Court action on Motions to Dismiss and on Affirmative Defenses

Affirmative Defenses subject “Confession and Avoidance” Affirmative Defenses under Rul
to Motion to Dismiss – Rule 6, Affirmative Defenses under 8, Section 12
5c and Rule 15, Sec. 12a Rule 6, Sec. 5b
Grounds

a. That the court has no a. Fraud a. That the court has no

jurisdiction over the b. Statute of limitations jurisdiction over the person
subject matter c. Release the defending party
b. That there is another d. Payment b. That the venue is improper
action pending between e. Illegality laid
the same parties for the f. Statute of frauds c. That the plaintiff has no leg
same cause g. Estoppel capacity to sue
c. That the cause of action
is barred by prior
judgment
d. That the cause of action
is barred by the statute of
limitations
a. In a Motion to Dismiss –
anytime even during
appeal; XPN: estoppel by
latches
b. In the Answer by way of
an affirmative defense
How resolved by the Court
- if raised in an answer:
The court shall motu
propio resolve within 30
CD from the filing of the
answer
- If in a motion
the opposing party shall
be given 5 CD to file
his/her opposition from
receipt of the motion.
(Sec. 5, Rule 15)
(sec. 12d, Rule 8)
The court may conduct
hearing – the court shall
serve notice of hearing to
the parties (sec. 6, Rule
15)
Then the court will resolve
it within 15 CD form
receipt of the opposition
of after the expiration of
such period or 15 CD
from hearing
Motion to dismiss is
litigious motion under
Sec. 5 par. A.2 Rule 15
h. Former recovery
i. Discharge in bankruptcy
j. Any other matter by way
of confession and
avoidance
How set/raised:
- In the Answer by way of
an affirmative defense
- It must be raised at the
earliest opportunity; if not,
constitute a waiver thereof
- The court shall motu
propio resolve within 30
CD from the filing of the
answer
- The court may conduct a
summary hearing within
15 CD from the filing of
the answer, then resolve
by the court within 30 CD
from the termination of the
summary hearing
d. That the pleading asserting
the claim states no cause o
action
e. That a condition precedent
filing the claim has not been
complied with
- In the Answer by way of an
affirmative defense
- It must be raised at the
earliest opportunity; if not,
constitute a waiver thereof
XPN:
- For the ground that the cou
has no jurisdiction over the
person of the defending pa
may be raised in a Motion t
Dismiss under (Sec. 23, Ru
14) but it must be the only
ground raised
- The court shall motu propio
resolve within 30 CD from t
filing of the answer
- No summary hearing requir
(sec. 12 c, Rule 8)
 Effect of Dismissal

- With prejudice - With prejudice - without prejudice

- Shall bar the refiling of the - Shall bar the refiling of the - Basis: Rule 15, Sec. 13
same action or claim same action or claim
- Basis: Rule 15, Sec. 13 - Basis: Rule 15, Sec. 13

Remedy if denied:
- If by motion – Motion for
Reconsideration; and If
with grave abuse of
discretion – Petition for
certiorari, prohibition or
mandamus
- If by answer – proceed
with the case, wait for
final judgment, and
include it as a ground for
appeal
Remedy if Denied
Remedy if denied:
- Not subject of motion for reconsideration or petition for certiorar
prohibition or mandamus
- Include as among the matters to be raised on appeal after a
judgment on the merits (Sec. 12e, Rule 8)
Prohibited motion under Rule 15, Sec 12:
- Motion to hear affirmative defenses
- Motion for reconsideration of court’s action on the affirmative
defenses
XPN: motion to dismiss on the ground of lack of jurisdiction over the
person of the defending party – may be subject of MR and Petition for
Certiorari, Mandamus or Prohibition

Discuss the rule on class suits

 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.

 Requisites:

1. The subject matter of controversy is one of common or general interest

to many persons;

2. The parties affected are so numerous that it is impracticable to bring

them all to court; and

3. The parties bringing the class suit are sufficiently numerous or

representative of the class and can fully protect the interests of all
concerned.

Distinguish amended pleadings from supplemental pleadings

Amended Pleading Supplemental Pleading

As to matters
 Refer to facts existing at the time of the Refers to transactions, occurrences or
commencement of the action events which have happened since the date
of the pleading sought to be supplemented

How made
Either as a matter of right or by leave of Always by leave of court
court
Court’s action
If a matter of right – mandatory to accept Always discretionary
the amended pleading

If by leave of court – discretionary

Effect to the previous pleading

It supersedes the pleading that it amends Merely supplements and exists side-by-side
with the original

Requirement for filing

a new copy of the entire pleading, No such requirement
incorporating the amendments, which shall
be indicated by appropriate marks, shall be
filed

Discuss the concept of amendments to conform with the evidence

 A defect in the designation of the parties and other clearly clerical or

typographical errors may be summarily corrected by the court at any stage of
the action, at its initiative or on motion, provided no prejudice is caused
thereby to the adverse party.

 Conditions:

1. There is an issue not raised in the pleading, but the issue was tried
with express or implied consent of the parties.

2. The issue shall be treated as if it has been raised in the pleading.

3. As such, amendment of the pleading is no longer necessary to cause
them to conform to the evidence.

Discuss the matter of actions which survive the death of a party

Actions that survive Actions that do not survive

The wrong complained of affects primarily The injury complained of is personal to the
and principally property and property rights person
Injuries to the person are merely incidental Property and property rights affected are
incidental

Ex: actions to recover real property, Ex: action for support, annulment of
collection of sum of money, actions to marriage, legal separation
recover damages to person or property