PRACTICAL EXERCISES:

PLEADINGS

Presented to:

Judge Cyril R. Regalado

In Partial Fulfillment of the Requirements

For the Remedial Law Review

Proponent:
Ronan Brent S. Santoalia

October 2023
 PART I

1. Define Cause of Action. Distinguish from Right of Action

Cause of action is the act or omission by which a party violates the rights of
another.

On the other hand, a Right of Action is the right of a plaintiff to bring an action
and to prosecute that action until final judgment.

The former is determined only from the allegations of the pleading and not from
evidentiary matters and may be raised as an affirmative defense in the
defendant’s answer, whereas, the latter is resolved only on the basis of the
evidence he presented in support of his claim raised in a demurrer to evidence.

2. When is a complaint deemed filed?

Jurisprudence dictates that a case is deemed filed on the date and time it
actually received by the Court and only upon payment of docket fee regardless
of the actual date of filing of the case in Court.

3. What must the Court do once an ordinary civil case is filed and raffled to
it?

Jurisprudence dictates, that a case once raffled to a Court belongs to that

Court unless re-raffled or otherwise transferred to another branch in
accordance with the established procedure. The judge who takes over this
branch inherits all these cases and assumes full responsibility for them. He
may decide them as they are his cases.

By serving summons, the court acquires jurisdiction over the person of the
defendant. Trial and judgment without such service are null and void. The four
modes of serving summons are: 1) personal service; 2) substituted service; 3)
constructive service; 4) extraterritorial service.

4. What are the grounds for dismissal? How shall they be invoked in a case?
What must the judge do if there are ground for dismissal raised?

As provided by the Revised Rules, a motion to dismiss is a prohibited pleading

except when it raises any of the following grounds: (1) the court’s lack of
jurisdiction over the subject matter of the claim; (2) the pendency of another
action between the same parties for the same cause; and (3) the cause of action
is barred by a prior judgment or by the statute of limitations

Moreover, the Rules provide that, the adverse party may file an opposition to
the motion to dismiss within five (5) calendar days from receipt thereof without
need of an order from the court. The motion to dismiss shall then be resolved
by the court within fifteen (15) calendar days from its receipt of the opposition,
or upon expiration of the period to file such opposition. It is within the
discretion of the court whether to call for a hearing on the motion within fifteen
(15) calendar days from filing. When the grounds for a motion to dismiss are
 instead raised in the answer as affirmative defenses, the court may conduct a
summary hearing within fifteen (15) calendar days from the filing of the answer,
and shall motu proprio resolve these defenses within thirty (30) calendar days
from the filing of the answer.

5. What are the different kinds of pleadings? Define and state their
functions. What is the difference between a pleading and a motion?
As provided by the Rules of Court, the different kinds of pleadings are:

a. Complaint - The complaint is the pleading alleging the plaintiff’s or claiming

party’s cause or causes of action. The names and residences of the plaintiff and
defendant must be stated in the complaint.

b. Answer - An answer is a pleading in which a defending party sets forth his or

her defenses.

c. Counterclaim, Counter-Counterclaim - A counterclaim is any claim which a

defending party may have against an opposing party. A counterclaim may also
be
asserted against an original counter-claimant.

d. 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.

e. Cross-claim, Counter 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.

f. Reply - 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.

g. 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.

h. Answer to third (fourth, etc.)-party complaint - A third (fourth, etc.)- party

 defendant may allege in his/her answer his/her 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/she may also
assert a counterclaim against the original plaintiff in respect of the latter’s claim
against the third-party plaintiff.

6. When can a Plaintiff file a Reply to the Answer.

Under the Revised Rules, an Answer is to be filed within 30 calendar days after
service of summons. A 30-day extension to file the Answer may be allowed for
meritorious reasons. The longer period is necessary in view of the additional
requirements that must accompany the Answer, as discussed above.

It is important to note that any motion for extension to file any other pleading,
other than with respect to an Answer, is prohibited.

A Reply may be filed within 15 calendar days from service of the Answer.
However, a Reply may only be filed if an actionable document is attached to the
Answer. A Rejoinder may also be filed only if an actionable document is
attached to the Reply and the Rejoinder is limited to the said actionable
document.

7. Define Ultimate Facts and Evidentiary Facts.

Under the Rules, Every pleading shall contain in a methodical and logical form
a plain, concise, and direct statement of the ultimate facts, including the
evidence on which the party pleading relies for his or her claim or defense, as
the case may be.

Ultimate facts are the essential facts of the claim. A fact is essential if it cannot
be stricken out without leaving the statement of the cause of action inadequate.

Evidentiary facts are those facts which are necessary for determination of the
ultimate facts; they are the premises upon which conclusions of ultimate facts
are

8. What is “Joinder of Issues”

Case law provides that there is a joinder of issues when the answer makes a
specific denial of the material allegations in the complaint or asserts affirmative
defenses which would bar recovery by the plaintiff. Where there is proper
joinder of issues, the trial court is barred from rendering judgment based only
on the pleadings filed by the parties and must conduct proceedings for the
reception of evidence. On the other hand, an answer fails to tender an issue
where the allegations admit the allegations in support of the plaintiff’s cause of
action or fail to address them at all. In either case, there is no genuine issue
and judgment on the pleadings is proper.
 9. Is a Third Party Defendant an original party? How does the trial court
acquire jurisdiction over a Third Party Defendant?

An original party is the plaintiff that filed the case in Court of the Defendant
that filed an answer to the complaint filed by a plaintiff. A third-part defendant
is not an original party. He is merely impleaded into the case because he has
violated a right of the defendant.

The court can acquire jurisdiction over the third-party defendant upon a motion
to implead the third party coupled with service of summons.

10. In a permissive counterclaim, can a counterclaimant implead a

stranger to the case? If so, how can the court acquire jurisdiction over the
new defendant in the permissive counterclaim? What are the requirements
for a permissive counterclaim. (Read, LaFarge Cement Philippines, Inc. vs
Continental Cement Corporation, G.R. No. 155173, November 23, 2004)

In case decided by the Court, a counterclaim is permissive if it does not arise

out of or is not necessarily connected with the subject matter of the opposing
party's claim. It is essentially an independent claim that may be filed separately
in another case.

Determination of the nature of counterclaim is relevant for purposes of

compliance to the requirements of initiatory pleadings. In order for the court to
acquire jurisdiction, permissive counterclaims require payment of docket fees,
while compulsory counterclaims do not.

Jurisprudence has laid down tests in order to determine the nature of a

counterclaim, to wit:

(a) Are the issues of fact and law raised by the claim and the counterclaim
largely the same? (b) Would res judicata bar a subsequent suit on defendants'
claims, absent the compulsory counterclaim rule? (c) Will substantially the
same evidence support or refute plaintiffs' claim as well as the defendants'
counterclaim? and (d) Is there any logical relation between the claim and the
counterclaim? A positive answer to all four questions would indicate that the
counterclaim is compulsory

Part II
Republic of the Philippines)
City of Makati ) S.s.
X---------------------X

VERIFICATION / CERTIFICATION AGAINST FORUM SHOPPING

I, JORGE GONZALES, Filipino, of legal age, and with residence at

Makati City, after having been duly sworn to in accordance with law, hereby
depose and state:

1. I am the complaninant in the above-entitled case and have caused

this complaint to be prepared;

2. I attest that the allegations in the pleading are true and correct
based on my personal knowledge, or based on authentic
documents;

3. This pleading is not filed to harass, cause unnecessary delay, or

needlessly increase the cost of litigation;

4. The factual allegations therein have evidentiary support or, if

specifically, so identified, will likewise have evidentiary support
after a reasonable opportunity for discovery.

5. I have not commenced any other action or proceeding involving

The same issues in the Supreme Court, the Court of Appeals, or
different Divisions thereof, or any other tribunal or agency;

6. To the best of my knowledge and belief, no such other action or

proceeding involving the same issues is pending in the Supreme
Court, the Court of Appeals, or different divisions thereof, or any
other tribunal or agency; and if I should learn that a similar action
or proceeding has been filed or is pending before the Supreme
Court, the Court of Appeals, or different divisions thereof, or any
other tribunal or agency, I shall notify the court within five (5)
calendar days from knowledge thereof;

7. I have executed this verification/ certification to attest to the truth

of the foregoing facts and to comply with the provisions of Adm. Circular No.
19-10-20- SC of the Honorable Supreme Court.

JORGE GONZALES
 Affiant
Philhealth ID No. 01710278

REPUBLIC OF THE PHILIPPINES

National Capital Judicial Region
REGIONAL TRIAL COURT
Branch 138
Makati City

JORGE GONZALES, Civil Case N. 99-1324

Plaintiff,
FOR: DAMAGES

-Versus-

EXON BANK, Defendant,

x------------------

TO: GABRIELLE SMITH

General Manager, Exon Bank
JP Rizal Street, Makati City 1207

GREETINGS
You are hereby required, within fifteen (15) days after service of this summons upon
you, to file with this Court and serve on the plaintiff your ANSWER, copy of which is
attached, together with the annexes. You are reminded of the provision in the IBP-
OCA Memorandum on Policy Guidelines dated March 12, 2002 to observe restraint in
filing a motion to dismiss and instead allege the grounds thereof as defenses in the
Answer. If you fail to answer within the time fixed, the plaintiff will take judgment by
default and may be granted the relief applied for in the complaint.

WITNESS my hand under the seal of this Court, this 20TH Day of August 2023

Ojo Nacionales
Clerk of Court V
3. What is/are the basis of filing fees? Explain.

Jurisprudence provides that all complaints, petitions, answers and other

similar pleadings should specify the amount of the damages being prayed for
not only in the body of the pleading but also in the prayer, and said
damages shall be considered in the assessment of the filing fees in any case.

In other cases the Rules of Court under Rule 141 provides the basis of the filing
fees.