Rule and Principles 1.

Omnibus Motion Rule The rule is a procedural principle which requires that every motion that attacks a pleading, judgment, order of proceeding shall include all grounds then available, and all objections not so included shall be deemed waived (Sec. 8 Rule 15) The objections (1. That the court has no jurisdiction over the subject matter; 2. That there is another action pending between the same parties for the same cause [litis pendencia]; 3. That the action is barred by a prior judgment [res judicata]; and 4. That the action is barred by the statute of limitations [prescription]) are not deemed waived even if not included in the motion. 2. Rule on Joinder of Parties The causes of action joined should arise out of the same transaction or series of transactions and there exists a question of law or fact common to both. The joinder shall not include special civil actions or actions governed by special rules. ** The joinder of causes of action is not compulsory but merely permissive. 3. Totality Rule Where the cause of action accrue to one plaintiff against one defendant, the provisions of Sec. 5 of Rule 3 allow a party to assert in one pleading as many causes of action as he may have against an opposing party provided he does not join special civil actions or those subject to special rules. 4. Doctrine of Primary Jurisdiction Courts will not resolve a controversy involving a question which is within the jurisdiction of an administrative tribunal, especially where the question demands the exercise of sound administrative discretion requiring the special knowledge, experience and services of the administrative tribunal to determine technical and intricate matters of fact. 5. Doctrine of Continuity of Jurisdiction (adherence of jurisdiction) Once jurisdiction has attached, it cannot be ousted by subsequent happenings or events, although of a character which would have prevented jurisdiction from attaching in the first instance, until the court has done all that it can do ion the exercise of that jurisdiction. 6. Two Dismissal Rule The second notice of dismissal will bar the refilling of the action because it will operate as an adjudication of the claim upon the merits. 7. Negative Pregnant Effect: Does not qualify as a specific denial. It is conceded to be actually an admission. 8. Affirmative Defenses When it alleges new matters which, while hypothetically admitting the allegations of the pleading of the claimant, would nevertheless, prevent or bar recovery by the claiming party (fraud, statute of limitations, release, payment, illegality, statute of frauds, estoppels, former recovery, discharge in bankruptcy, and any other matter by way of confession and avoidance. 9. Pro Forma Motion A motion for reconsideration that does not specify the findings or conclusions in the judgment which are not supported by the evidence or contrary to law, making express reference to the pertinent evidence or legal provisions.

10. Fresh Period Rule If the motion or any final order or resolution is denied, the movant has a fresh period of fifteen (15) days from receipt or notice of the order denying or dismissing the motion for reconsideration within which to file a notice of appeal. It applies not only to Rule 41 governing appeals from the RTS but also to Rule 40 governing appeals from the MTC to the RTC; Rule 42 on petitions for review from the RTC to the CA; Rule 43 on appeals from quasi-judicial agencies to the CA and Rule 45 governing appeal by certiorari to the SC. 11. Single Motion Rule A party shall not be allowed to file a second MR of a judgment or a final order. Be reminded that the prohibition does not apply to a MR of an interlocutory order. 12. Affidavit of Merit Must be one showing the facts (not mere conclusions or opinions) constituting the valid cause of action or defense which the movant may prove in case a new trial is granted 13. Material data (date) rule 3.46 There are three material dates that must be stated in a petition for certiorari brought under Rule 65: 1. The date when notice of the judgment or final order or resolution was received; 2. The date when a MNT or MR when such was filed; and (3) the date when notice of the denial thereof was received 14. Residual Jurisdiction The authority of a trial court to issue orders for the protection and preservation of the rights of the parties which do not involve any matter litigated by the appeal, approve compromises, permit appeals of indigent litigants, order execution pending appeal in accordance with 3.39, and allow withdrawal of the appeal provided these are done prior to the transmittal of the original record or the record on appeal even if the appeals have already been perfected or despite the approval of the record on appeal or in case of a petition for review under Rule 42, before the CA gives due course to the petition.