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Pleadings  What must be in the complaint?

o Claims a cause of action o Must contain allegations – brief and concise statement of ultimate facts, devoid of evidentiary matters  You can also allege as to fraud, mistake, malice, illegality, condition of the mind, etc.  As to matters of fraud, how must it be alleged? o With particularity  As for mistake, how must it be alleged? o With particularity  If it’s a condition of the mind (malice, intent, knowledge, etc.)? o Generally  You can also base your claim on an actionable document. How to do you allege it? o 1. You can attach or append the document  To show the court that this is where your cause of action arises o 2. You can reproduce the contents of the document in the pleading en toto  (But in practice, just always append anyway)  How do you deny an allegation under an actionable document? o Specifically denied, under oath o What is the exception to when you need to specifically deny under oath an allegation from actionable document?  1) When the adverse party is not a party to the instrument  2) When there is an order for inspection and it is refused  What is the effect of failure to specifically deny under oath an actionable document?

o It is an admission ONLY as to the genuineness and due execution of the actionable document  But what about the rights and obligations of the parties arising from that document? o It is up to the court to determine it.  What is the period to file an answer? o 15 days after service of summons o Could it be 30 days after receipt of summons?  For foreign corporation and service is done to government official designated by law  What are the defenses available in answer? o 1) Affirmative defense  If you only hypothetically admit, without raising any defense, what happens?  In this case, there is no more issue. This will lead to a judgment on the pleadings (Rule 34)  This occurs when the answer does not tender an issue or admits the material allegations o 2) Negative defense  Specific denial of facts alleged essential to the cause of action.  What are the kinds of specific denial?  1) general denial  2) specific denial  3) disavowal of knowledge (lack of knowledge and belief to form a specific denial)  Is the counterclaim or cross-claim in a separate pleading? o No.

a compulsory counterclaim is not answered. .  Is there a period to answer a cross claim? o 10 days  Do you need leave of court to file a counter or cross claim? o No.  For a third party complaint. who feels that he should file a complaint against someone that court has yet to acquire jurisdiction from. do you need leave of court? o Yes. He can file a cross claim against a coparty.  This is the reason why there is need for leave of court. The counterclaim defendant is the original plaintiff. You need to have the third party impleaded. whether it be a permissive/compulsory counterclaim or a cross claim.  What is the period to answer a counterclaim? o 10 days o (In practice.  Can there be a counterclaim defendant cross claim? o Yes.)  What is a cross claim? o Made against a person/party on the same side. What is a compulsory counterclaim? o Arises out of the transaction constituting subject matter of the action  What is a permissive counterclaim? o Arising from an event unrelated. You cannot just file a third party complaint. no. In practice. o Who is usually the third party plaintiff?  The defendant in the main case. you only answer a permissive counterclaim.

 Subrogation  Any other similar ground o What is the period to answer a third party complaint?  15 days. B sued A for indemnification. etc? o Pre-trial  Three important things: o Signature.  What do you do in a reply? o To controvert the new matters raised in the answer  What is the effect of failure to file a reply? o All new matters stated in the answer are deemed controverted o What is the reason for this?  [Didn’t answer]  What happens after answer. and CNFS  What is the effect of a lawyer affixing his signature in a pleading? o Indicates that he has read the pleading. because it is treated as an entirely new complaint  Is the reply a mandatory pleading? o No. C sued B.  What is the period to file a reply? o 10 days. verification. Why would you want a third party complaint?  To contribute or indemnify o Classic case: car crash  a hit b hit c. the information is correct . and to the best of his knowledge.

What are the contents of the verification? o That the affiant has read the pleading and the allegations are true. what is his duty? o Inform the court. Can the lawyer sign it? o General rule. Must it be under oath? o Yes. . Who signs the verification? o The party filing the pleading. no. o But why do the SC and CA dismiss cases for failure to attach verification?  Although it can be cured. o Is there a way to cure it?  If counsel can show it is due to mere inadvertence and not for delay o Will the court just give effect to the pleading or will it still require actual signing?  [Didn’t answer] If a lawyer changes his address. Is it mandatory? o No. Failure to do so may lead to disciplinary action. Only when the law requires you to verify. Failure to attach is not fatal. the court may dismiss a pleading for failure to comply with procedural requirements.        o And that the filing of the same is not for the purposes of delay There are some pleadings that are left unsigned. Is it jurisdictional? o No. Unless there is some compelling reason. What happens? o It has no legal effect at all.

but see note below) For co-owners or those in the same residence? o Signature of one is enough if there is common interest. Can a married person sign by himself or herself? o One spouse is enough. o BUT in practice. (N.       o For example. and there are only 15 days to file. CNFS: What about a juridical entity? Who can sign? o [Anyone.B. but see note below) TAKE NOTE: The key when it comes to multiple parties. if there is a common interest among the parties. o Also. tribunal. but only if there is common interest. However.B. the distance of the petition from the counsel (ex. the party’s father is to be buried on the day of filing of the petition – the court allowed it. (N. as long as authorized by a board resolution] What are the contents of the form? o Plaintiff/principal party shall certify under oath that he has not filed a similar complaint involving the same issues in another court.) Can a minor sign? o Must be assisted. all of them have to sign. report fact within 5 days to the court Why does the law require that it is the party that signs? . provide status o If he learns about similar action. the petitioner is in the USA and the counsel is in Manila. a signature of a number of them may be enough. do not take chances. QJ agency o If there is any other pending claim.

Just re-file. since there is no juridical personality. CA o There was a CNFS filed in the first place. What was not attached was the board resolution showing the authority of the Vice President to sign . What is the effect of non-compliance? (Note: this occurs when there is a CNFS. but you also deliberately disregard it) o Dismiss the case with prejudice  What kind of dismissal?  Summary dismissal – cannot contest o Placed in direct contempt without opportunity BPI v. that knows whether there is another action. the defect cannot be cured by an amendment. What is the effect of absence of CNFS? (Note: noncompliance is different from absence) o It will be dismissed. who signs? o All the parties. it’s not only false.      o Because it is only the party. For those with no separate juridical existence. Can it be amended to cure? o No. but you did not respect your commitment under the CNFS) o Indirect contempt (Failure to comply with order or process of court) o Administrative and criminal cases (since you lied under oath) o Dismissal of the case What if there is willful and deliberate forum shopping? o (Meaning. It can be re-filed because it is without prejudice. and not even the lawyer.

Seng o There was no forum shopping. Donato o Here. when the court dismissed the initial case. not the party. the lawyer signed the verification. There was liberal interpretation of this provision for these reasons. it is without prejudice. the lawyer cannot sign. When a case is dismissed because of that. The second case was whether the court approved the compromise agreement in the first place. This was validly excused by the court since the party was in the US. Young v. Kaakbay o No need for a CNFS for a compulsory counterclaim New Sampaguita o There was no forum shopping here. and that party can file the same case again. and could not sign the pleading in time given the 15 day period. because the first case was dismissed due to lack of cause of action. because the first case questioned whether there can be a writ of execution when the parties agreed to compromise in the first place. This authorization was submitted on the MR. o BUT as a general rule. NLRC decision) and not the prior one (Labor Arbiter in this case) Tan v. o Failure to disclose this fact is not a violation of the CNFS. o NOTE: There was a valid CNFS. OSM Shipping o Requires a duplicate original or CTC for the decision being appealed (here. There was physical impossibility.      the CNFS on behalf of the company. These are different. Solar o Is the rule on personal service mandatory? .

For this reason. whether as to matter of form or substance  After plea. can you still amend? .  Musa o What are the material dates here?  Period only commences to run from date of receipt of the decision  Date of filing of the MR  Date of receipt of denial of the MR Amendments and supplements  There is amendment for civil cases and there is amendment for criminal cases. the reference point is not an answer. but you have to make an explanation.  Before plea. can you amend? o Yes. Yes. BUT this is not the rule. you can do it by registered mail. amendment may either be: o 1) As a matter of right o 2) With leave of court  When is it a matter right? o Before an answer or within 10 days of service of reply o What do you need to file?  NOTICE to amend  When do you need leave of court? o After an answer has been made o What do you need to file?  Motion to amend  For criminal cases. Instead. the decision of the court to allow it was based on its reasonable discretion. it is plea. it was made by registered mail and there was no explanation. If you cannot do it by personal service. The rule is priority is by personal service.  For civil cases. o In this case.

o Second kind – if the other party objects. What are these? o First kind – no objection on the part of the other party. it will be allowed even after judgment. you may file a motion to amend the pleading to conform to evidence  There are two kinds of amendments to conform to evidence.o Yes. What is alleged must be proven. o If the evidence you presented went beyond the allegations. if it is a mere formal (typo) amendment  2. For this reason. Yes. even if it’s a matter of form?  If the original defense of the accused will not change.  Can you amend a complaint when it originally has no cause of action? o If in the first place there is no cause of action. o Can the court order an amendment even if there is no application to amend?  1. the court can either order compliance OR an amendment . but only as to matters of form. no amendment will cure such an absence. the amendment is left to the sound discretion of the court. For bill of particulars. for as long as it will not prejudice the rights of the accused  Don’t forget that last bit! o What is the test when it will prejudice the rights of the accused.  What is “amendment to conform to evidence”? o This is section 5 of Rule 10 o Allegations are found in the body of the complaint/answer.

occurrences. is there a need for issuance of new summons? o No. or order an amendment  There was an amendment of an original complaint. 3. o HOWEVER. which was the basis for the issuance of summons. If the original complaint is amended and that is granted by the court. o Can there be a supplemental complaint?  Yes o Can there be a supplemental answer?  Yes o Can there be a supplemental reply?  Yes o Can there be a supplemental petition?  Yes  So what is the general rule? o You can file a supplemental pleading as long as there are new transactions. o What is the exception?  Usually you cannot do this to the Supreme Court. Motion to dismiss – the court can either grant. if you already lawfully obtained jurisdiction over the defendant through summons or voluntary appearance. because you cannot file something to it unless it asked for it. pursuant to new transactions. not a question of amendment. new summons must be served to them. occurrences.  What is a supplemental pleading? o A pleading filed in addition to a prior one that has been filed. or events that have arisen. or events that occur after the filing of the first pleading. You would be asked to explain why you are submitting such. o It is a question of jurisdiction over the person. . if there are additional defendants. deny.

Otherwise it will be forever barred.B. Lack or absence of cause of action  This is different from Rule 16 (that the pleading states no cause of action)  N. or occurrence only arose after the filing of the original pleading. o What are the exceptions?  1. 2: What is the rule on failure to allege a counterclaim? o Any compulsory counterclaim or cross claim not set-up: barred forever o In special proceedings – a claim against the estate must be made in the period provided for in the notice. What is the exception? . Prescription o What is the fifth exception provided by jurisprudence?  5. Lack of jurisdiction over SM  2. but were not placed in the pleading. There was just an omission. What is the difference between amendments and supplements? o Amendments pertain to events.  Always with leave of court Default  N. transactions. Res judicata  3.  May be filed without leave of court (before responsive pleading) o For supplements. Litis pendentia  4.B. or occurrences that exist during the filing of the original pleading. the events. 1: What is the rule on objections? o General rule: all objections on grounds not raised in an answer or motion to dismiss are deemed waived. transactions.

Failure to attend during pre-trial  Called “as in default” in the 1964 Rules of Court  If the defendant fails to attend. forever barred. Fraud (extrinsic fraud)  2. the plaintiff can present evidence ex parte  When do you know when a party is in default? o 1. In actions in rem. the claim can be raised as a counterclaim. If there was a suit started by the estate against you.  There are no defendants. o 2.  N. without necessarily giving an answer o What kind of fraud is needed?  Extrinsic fraud. Mistake  4. and motion for annulment of judgment? . There is proof of such failure  You have to show the return  How can you set aside an order of default? o o 1) File a motion on any of these grounds:  1. so notice is made to the public that all oppositors have to come forward and object. 3: How many kinds of default do we have? o 1. Excusable negligence o 2) It has to be under oath o 3) State that you have a meritorious defense. Otherwise. there is a general order of default. Did not file responsive pleading o 2. o Is the fraud needed here the same fraud needed for motion for new trial.B. Accident  3. petition for relief from judgment.

How do you set aside an order of “as in default” [or allowance for plaintiff to present evidence ex parte for the plaintiff]? o Saguid: Remedy is to file an MR or relief from order of default also on the ground of FAME o Do you have to add that you have a meritorious defense?  No need since there is already an Answer. and E. So be careful. D. He is in default. B. When there is failure to file answer. Can the court render a judgment after an order of default. while A to D did. o This has not been asked in the Bar examination yet. o Can A to D’s evidence be used against E or in favor of E?  Yes. you need extrinsic fraud. o In a case where you file a case against A. Where can there be no order of default? o 1. In fact.     YES. C. E did not file an answer. E can still win the case along with the others. without presentation of evidence ex parte? o Yes. o Will E be allowed to present evidence?  No. there can be judgment rendered by court. Nullification/annulment/legal separation o Can there be default in Summary Procedure?  No. . Will A to D be allowed to present evidence?  Yes. For all of these. Can there be partial default? o Yes. This is a new provision introduced only in the 1997 Rules of Civil Procedure.

e. affidavit of merit (that you have a good defense). the court renders a decision without hearing defendant’s defense. so the defendant is declared in default o Judgment by default – after the defendant is given notice of the court processes. like interpleader where the special rules are deficient so there is suppletory application of the ROC  Cerezo v.o 2. so there can be no declaration of default  Are there SCAs where there can be declaration of default?  Yes. Rule 65 certiorari  Remington Steel: . and you have to show you have a good defense)  SSS v. Certiorari. which he lost o Remedy for an order of default?  Motion to set aside or lift an order of default based on FAME (under oath. If this is missing. the motion is lost. Tuazon: o Order of default – failure to submit an answer.  Some SCAs require a comment. and notice of hearing. o Remedy for a judgment by default?  MNT (FAME)  within period for filing an appeal  After the reglementary period (i. when there is entry of judgment)  Petition for relief from judgment: 6 months from entry of judgment AND within 60 days from knowledge  If there is GADALEJ. etc. Chavez: This must be accompanied by a verification (under oath). Prohibition.

Rule 116. . Sec. Your remedy is to re-file a case or file for a petition for certiorari. What is the definition of BOP? o 2.  Can you file a motion for BOP after an answer has been filed? o No more. what do you want to achieve? o A more definite statement of facts that appear in the complaint that are not averred with sufficient particularity o You are to identify the defects and the details desired. because issues have already been joined. What is the consequence of failure to comply with order to file a BOP?  When you file for a BOP. o Amendment to conform to evidence – What if it was not allowed. What is the action taken by the court in BOP? o 4. Bill of particular  Can there be Bill of Particulars in criminal cases? o Yes. It is valid. even if one has already answered. appeal is not a remedy.  Philippine Export and Foreign Loans: o When it is a dismissal without prejudice. can there be a valid judgment based on that evidence?  Yes.  Only four things to remember in BOP: o 1. you may amend the complaint as a matter of right as to the other – since there is no defense yet that would be affected or altered by the amendment. but the evidence was proven. even if it is not consistent with what was alleged.o When there are multiple defendants. 9. What is the period to file a BOP? o 3.

not eleven.  What action can the court take on a BOP if you fail to comply? o 1. the motion is interrupted. How many days do you have? o You still have Five days. Personal o 2. SB) – Rule 17. [VERY IMPT] o This is the same way you count a motion to dismiss. o But there can be service by ordinary mail.  What are the requirements for personal and registered mail? . What is the effect of filing a motion for BOP on the period? o The period is interrupted upon filing. but you always have at least five days to file the answer after.  [Same facts] If you filed a motion for bill of particulars on December 14. Sec 3: non-compliance with court order  What if the person fails to file an answer in the time left? o Will be declared in default Service and summons Filing  What are the modes of filing? o 1.  Deadline to file an answer is December 15. How many days do you have? o TWELVE. You don’t count the day causing the interruption. Registered mail  Can there be filing by ordinary mail? o None. You filed a motion on December 5. The case can be dismissed (Virata v. Because here there is no way the court can find out when you filed it. Motion to strike out o 2.

o REGISTERED MAIL: Pay for registry receipt and you have to accomplish a return card  What is the proof that you personally filed? o Primary: if the pleading is found in the records of the court. and signed by the clerk of court. o 3. party serving to court. Ordinary mail  What does rule 14 cover? o 1. dated. Registered mail o 3.o PERSONAL: Stamped. o 2. you can present the received copy  What is your proof of registered mail filing? o Registry receipt o Affidavit of the person mailing o Return card Service  What are the modes of service? o 1. and the court itself serving notices (section 9)  If the person to whom you are serving is not available. then how do you file substituted service? o Delivery to the clerk of court with proof of failure of both personal service and service by mail. o There should be proof of both failure of personal service and service by mail. o If it does not appear. Covers party serving to another party. o [This is different from substituted service of summons]  How do you prove service by ordinary mail? o Affidavit  What is completeness of personal service? o Actual delivery . Personal o 2.

plus before you file.  Service of pleadings should be made to whom? o To the counsel. What do you do to prove delivery? o You have to file the return card plus the unclaimed document. we do not. What is completeness of registered mail? o Actual receipt or 5 days after notice of postmaster o whichever comes first  What about ordinary mail? o 10 days after mailing  What are the proofs of personal service? o Written acknowledgement o Affidavit of the person serving o Official return of server  This refers to service by the court  What are the proofs of registered mail? o Registry receipt o Return card  What are the proofs of ordinary mail? o Affidavit of person serving  What if I used registered mail.  What is the priority of service? o Personal service is always preferred o What is the effect of filing by registered mail?  Put an explanation why you did not serve it through personal service o What if you don’t comply?  As if the pleading was not filed.  Take note that a return card is required by law to be filed. secure a certification from the post office. . but I got back the return card ALONG WITH the document itself (showing it is unclaimed). but in practice. if the party is represented by counsel.

Otherwise. you annotate it on the title of the property. You have to serve it to counsel. you give an explanation o Same as filing – priority is personal.  When do you need court approval? o When you intend to cancel the notice. Just send a memorandum to the ROD. title. This is a quasi-judicial action. (Heir of Lopez)  Atlantic Erectors: You can only apply for Lis Pendens if the property is the subject of the action.  I file a case in the bureau of lands to declare null and void a title. What if service was made to a security guard on the ground floor of a condominium building and your office is on the 3oth floor? o You cannot. or interest over a property. even without court involvement.  What is Lis Pendens? o In an action involving right. Notice of lis pendens only applies to judicial cases. o Can you put a notice of lis pendens in a partition case?  Yes. you give an explanation. not quasijudicial. If you cannot do it personally. Can this be subject to a notice of Lis Pendens? o No.  Do you need court approval to effect a notice of Lis Pendens? o Not at all.  United Pulp: . o Grounds:  1) purpose is to molest other party  2) no need for the notice to protect the rights of the parties who caused it  Payongayong: o Priority of service is ALWAYS personal.

Summons  Can personal service and substituted service work simultaneously? o No.o Hypothetical – There is a principal who is out of the Philippines. and this is the priority. You cannot have these simultaneously.  Is there a set of standards given by law on how many times you have to try to serve?  A case says that it must be at least three times on two different days. and he designates X as his attorney-in-fact. because the principal is out of the country. o Proof of this: defendant cannot be served summons after all efforts have been exhausted. There must be a specific authorization and clear authority given in the SPA that he can sign the CNFS. he cannot. o There has to be an explanation. What do you mean by this? . Always remember the James Yap rule. Can X sign the certification against non-forum shopping?  In general.  What are the requirements for substituted service? Under what circumstances? o Only if personal service is IMPOSSIBLE. Personal service first.  Where? o WHEREVER HE IS FOUND. o Where will the explanation appear?  In the sheriff’s return  Summons must be served within reasonable time. But in this special case. o What is the test?  Mere representation is not enough. he can.

15-30 days according to jurisprudence. o What does “in charge” mean? . your complaint can be dismissed for failure to prosecute. But a house helper can. to whom must it be served? o To a a) competent person b) in charge. X receive summons for Mr. o A visitor or a transient cannot receive summons. to what kind of substituted service does this apply? o To service at the residence. When you talk about suitable age or discretion for substituted service. o Then you can apply for alias summons. what do you mean? o There is nothing in the law that says there must be age of majority but from Manotoc to Pascual. This must concur with “suitable age or discretion.     o For the sheriff. For offices. o Can a middle manager the same rank as Mr. the court will require the sheriff to submit the return. X?  He must be in charge of receiving summons in the office. o Why is this important?  If you file a complaint and you don’t see to it that the summons is served. unserved. After the 30th day. What is alias summons? o If the original summons has been lost or the original summons was returned to court. there is consistent jurisprudence that it must be age of majority. When do you talk about suitable age or discretion.” So these are two elements. Who must it be? Could it be a house helper? o She or he must reside therein.

as clarified by the SC. In Secs. o Section 14: Defendant is unknown or his whereabouts are unknown. None as a general rule. For corporations. 15 does not talk about this situation. But for personal cases of an individual. o [Sec. 14. Inhouse Counsel o Memorize this. .  In what kind of case?  Whatever kind of action. 15. You cannot do substituted service to a non-resident. Managing Partner. but it’s very narrow. what is the special rule? o President. Corporate Secretary.  Do you even have to try personal service?  No need for personal service (since you don’t know him or where he is). Corporate Treasurer. Sec. General Manager. 15 talks about non-resident and cannot be found. will the office receive it for you? Can substituted service be served on nonresidents? o No. But there must a a) resident spouse b) who was previously appointed as attorney-in-fact.      In charge of the office.  How do you do this?  Just publish. and 16: how can summons be done? o By publication. Distinguish. President or manager.] o Is there an exception?  Yes. whether in rem or in personam – you can do it by publication. It is a closed list.

 How does publication in 14 differ from 15 and 16?  In 14. Take note of this. Other modes deemed applicable by the court o Section 16: Temporarily absent  Can he be a resident of the Philippines?  Yes.  In what subject matter?  1. Publication AND service by registered mail in his last known address o N. Involving personal status of the defendant  2. It does not require service by registered mail in the last known address.  3. Not just in rem or quasi in rem anymore. Both must concur.B. . Where defendant has actual or contingent interest over property  What are the modes of service?  1. ONLY publication is needed. Property is attached  4. 15. Personal service outside the Philippines  2. o Section 15: Extra-territorial service  Against who?  Against a defendant that does not reside in the Philippines and is not found in the Philippines. But he’s just temporarily absent. Property of non-resident defendant  3.  What is the length of time needed here?  None provided  How do you do serve summons?  Any of those in Sec.

o Old rule: you have to separate the MTD based on lack of jurisdiction. etc. but if there is voluntary appearance. if there is impossibility and there are earnest efforts to serve. his residence is known and he is just temporarily absent. summons can be dispensed with. Samarino v.         Add: Substituted service. What is the proof of service of summons? o Sheriff’s return. even if you join other grounds other than lack of jurisdiction. Here. So substituted service is not proper. Maximo v. the sheriff did not prove that facts and circumstances that would allow substituted service (repeated failure to personally serve. you are not deemed to have submitted to the jurisdiction of the court. the petitioner filed a petition to annul the judgment .) – it must be shown in the sheriff’s return Ancheta: o There are only a few remedies when the judgment is already final and executory. What is the purpose of summons? o So the court can peg a date when it acquired jurisdiction over the person. Montalban: o In this case. Ralu: o Here. What is the rule on Motions to Dismiss? o If you file a Motion to Dismiss. Note the rules on: o Provinces o Prisons What is the rule on voluntary appearance? o It is not equivalent to summons.

It now extends likewise to actions in personam.based on lack of jurisdiction over the person (because “lack of jurisdiction” is used. CA: o Does it mean that if you are talking about an in rem action you can venture on trying to serve it personally?  You can still do personal service. in case you find him somewhere in the Philippines by chance. . it can cover both lack of jurisdiction over both SM and the person).  Gomez v. o Section 14 before limits itself to in rem or quasi in rem.

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