CHAPTER IV: PLEADINGS AND MOTIONS 3.

COUNTERCLAIM (S6, R6) – any claim which a defending party

may have against an opposing party.
I. PLEADING
A. GENERAL PRINCIPLES ON PLEADINGS HOW IS A COUNTERCLAIM SET UP OR PLEADED? MAY A
COUNTERCLAIM BE SET UP IN A MTD?
PLEADINGS – Written statements of the respective claims and  It is a separate and independent pleading, but by common
defenses of the parties submitted to the court for appropriate practice – it is pleaded or set up in an answer (S8 R11)
judgment (Sec 1, Rule 6) Thus the practice of denominating such an answer as
“ANSWER WITH COMPULSORY/PERMISSIVE
Purpose: intended to secure a method by which the issues may be COUNTERCLAIM/S
properly laid before the court.  Counterclaim cannot be set up in a MTD – because there
are no provisions in the rules which provides that
Construction of Pleadings: counterclaims may be set up in a MTD
 Shall be liberally construed as to do substantial justice
 Rule: a party is strictly bound by the allegations, statements or Q: P files a case against D. D files a counterclaim against P.
admissions made in his pleadings and cannot be permitted to May P file a counterclaim against D’s counterclaim.
take a contradictory position.
A: YES. A counterclaim may be asserted against an original
Construction of ambiguous allegations in pleadings: counterclaimant.
 Must be construed most strongly against the pleader and that
no presumptions in his favour are to be indulged in Q: INSTANCE WHEREIN A COUNTERCLAIM MAY BE ASSERTED
 Rule: it is the pleader who selects the language used and if this BY THE DEFENDING PARTY AGAINST ONE WHO IS NOT AN
pleading is open to different constructions, such ambiguities OPPOSING PARTY
must be at the pleader’s peril
A: Under S13 R6, a Third-Party Defendant may in proper cases
Pleadings allowed by the ROC (Sec 2, Rule 6) assert a counterclaim against the original plaintiff in respect of
1. COMPLAINT (Sec 3,Rule 6) – Pleading alleging the plaintiff's or the latter’s claim against the Third-Party Plaintiff (See S13 R6)
claiming part’s cause of action.
 The names and residences of the plaintiff and defendant KINDS OF COUNTERCLAIM
must be stated in the complaint. COMPULSORY PERMISSIVE
DEFINITION
2. ANSWER (S4 R6) – A pleading in which a defending party sets One which arises out of or is One which is not compulsory
forth his defenses. connected with the transaction counterclaim
 Note: Answer may be responded by a reply only if the or occurrence constituting the
defending party attaches an actionable document to the subject matter with the other
answer. requirements set forth in S7 R6
AS TO PRECLUSION IF NOT RAISED
KINDS OF DEFENSES: (S5 R6) If not set up in an action – it If not set up in an action – it is
NEGATIVE DEFENSE AFFIRMATIVE DEFENSE shall be deemed barred not barred
Specific denial of the material An allegation of an new matter AS TO PAYMENT OF FILING FEES
fact/s alleged in the pleading which, while hypothetically Payment of filing fees is Filing fees need to be paid filed
of the claimant essential to his admitting the material suspended with the RTC
cause/s of action allegations in the claimant’s AS FOR NEED TO ANSWER
pleading, would nevertheless Need not be answered It should be answered.
prevent or bar recovery by him Otherwise, the plaintiff could
Examples: (S5(b) R6) be declared in default.
a. Frauds AS FOR PROHIBITION UNDER THE RULE ON SUMMARY
b. Estoppel PROCEDURE
c. Former recovery It may be availed It may not be availed
d. Discharge in Bankruptcy AS FOR REQUIREMENT OF CERTIFICATON AGAINST FORUM
e. Any other matter by way SHOPPING
of confession and It need not be accompanied by It must be accompanied.
avoidance a certification against forum
shopping
It may also include grounds for
dismissal of a complaint: RULE ON COMPULSORY CLAIM
a. Court has no jurisdiction GR: S7 R6 provides that a compulsory counterclaim not raised
over the subject matter in the same action is barred.
b. There is an action pending
between the same parties XPN: Unless allowed by the ROC
for the same cause
c. Action is barred by a prior REASON: To achieve resolution of the whole controversy at one time
judgment and in one action and to avoid multiplicity of suits

Q: Plaintiff files a complaint against B and C who are made co- HOW IT IS SET UP: At the time he files his answer
defendants. C files an answer serving a copy to P. Does C also
need to serve a copy to B? SHOULD A DEFENDANT WHO HAS A COMPULSORY COUNTERCLAIM
FILE A MTD? NO. SC stated that he should not file a MTD to dismiss
A: No. A co-defendant does not need to serve a copy of the but an answer with a counterclaim, with the ground for the MTD
answer against co-defendant. being asserted as an affirmative defense pursuant to S6 R16
EXCEPT: where there is a cross-claim in the answer or in
case of S5 R62 in interpleader where the conflicting claimants
should serve a copy of the answer on their co-defendants.
REQUIREMENTS IN ORDER THAT A COUNTERCLAIM IS CONSIDERED
COMPULSORY: COUNTERCLAIM CROSS-CLAIM
a. It must be cognizable by a regular court of justice. AS TO WHOM DIRECTED
b. It arises out of or is connected to the transaction or occurrence It is directed against the It is directed against a co-
constituting the subject matter of the opposing party’s claim. opposing party party
c. It does not require for its adjudication the presence of third AS TO CONNECTION WITH THE MAIN ACTION
parties over whom the court cannot acquire jurisdiction. It may or may not arise out It always arises out of the
d. It must be within the jurisdiction of the court both as to the of the transaction transaction or occurrence
amount and nature. constituting the subject that is the subject matter of
matter of the opposing the original action or of a
EXCEPTION: In an original action before the RTC, the party’s claim counterclaim
counterclaim may be considered compulsory regardless of the AS TO COMPULSORINESS
amount It may or may not be It is always compulsory
compulsory
e. It must be existing at the time the defendant files his answer AS FOR NEED TO ANSWER
It need not be answered if It must be answered,
HOW TO DETERMINE WHETHER A COUNTERCLAIM IS the counterclaim is otherwise the party against
COMPULSORY OR NOT: compulsory whom it is pleaded may be
a. Are the issues of fact and law raised by the claim and by the declared in default upon
counterclaim largely the same? motion
b. Would res judicata bar a subsequent suit on defendant’s claims,
absent the compulsory counterclaim rule?
5. THIRD-PARTY COMPLAINT (S11 R6) – A claim that the
c. Will substantially the same evidence support or refute plaintiff’s
defendant may file against a person not a party to the action
claim as well as the defendant’s counterclaim? And
for contribution, indemnification, subrogation or any other
d. Is there any logical relation between the claim and the
relief, in respect of his opponent’s claim (CISO). The defendant
counterclaim?
should obtain leave of court in order to file a third-party
complaint.
COMPELLING TEST OF COMPULSORINESS – Where conducting
separate trials would entail a substantial duplication of effort
FOURT-PARTY COMPLAINT – A claim that the third-party
and time by the parties and the court.
defendant may file against a person not a party to the action
for contribution, indemnification, subrogation or any other
WOULD THE GRANT OF THE COUNTERCLAIM NECESSARILY
relief, in respect of his opponent’s claim (CISO). The defendant
DEFEAT OR NEGATE THE COMPLAINT:
should obtain leave of court in order to file a fourth-party
 If YES – It is a compulsory counterclaim
complaint
 If no – it is a permissive counterclaim
THIRD-PARTY COMPLAINT THIRD-PARTY CLAIM
SHOULD THE FILIING FEES BE PAID ON COMPULSORY
AS TO ITS NATURE
COUNTERCLAIMS? – No, while it is subject to filing fees – the
It is a pleading It is not a pleading but an
payment has been suspended by the SC
affidavit or paper
WOULD THE DISMISSAL OF THE MAIN COMPLAINT ALSO AS TO WHO FILES
RESULT IN THE DIMISSAL OF THE COUNTERCLAIM PLEADED? It is filed by a party to a case It is filed by a stranger to a case
 NO. The defendant has the option of prosecuting the AS TO PURPOSE
counterclaim in the same or separate action (See S6 R16, It is for the defendant to bring It is for the third-party to notify
S2 and 3 R17) in a stranger as a party to the the sheriff of his right or claim
 Exception S2 R17 case over the property attached,
levied, or seized by the sheriff
4. CROSS-CLAIM (S8 R6) – any claim by one party against a co-
party arising out of the transaction or occurrence that is the EXAMPLES ON GROUNDS FOR A 3rd PARTY COMPLAINT
subject matter either of the original action or of a counterclaim 1. CONTRIBUTION
therein.  If D and X are liable for tort against P, and P sues D only –
 Such cross-claim may cover all or part of the original claim. D may file a 3rd Party complaint against X for Contribution,
since joint tort-feasors are solidarily liable under Art 2194.
Note: Payment of filing fees on cross claims is not suspended
 A cross-claim may include a claim that the party against 2. INDEMNIFICATION
whom it is asserted is or may be liable to the cross-  P sues the surety to recover the loan the surety had
claimant for all or part of a claim asserted in the action guaranteed. The surety may file a 3rd Party Complaint
against the cross-claimant against the principal debtor for indemnification – at any
rate, a judgment against the surety is also binding upon
IS THERE A PERMISSIVE CROSS-CLAIM? the principal debtor who had notice f the action or
 In a sense YES, A cross claim which either matured or was proceeding and an opportunity at the surety’s request to
acquired by a party after serving his pleading is not join in the defense (S46 R39)
compulsory (S9 R11)
3. SUBROGATION
IS A CROSS-CLAIM SUBJECT TO THE PAYMENT OF DOCKET FEE  X recklessly drives his car and collides with P’s car
 If filed before the MTC – not subject to a docket fee destroying it. P sues the insurer to recover damages on his
 If filed before the RTC – subject to a docket fee car insurance policy. The insurer can file a 3 rd Party
complaint against X since it would be subrogated to the
rights of the insured upon payment to P

4. OTHER RELIEF IN RESPECT OF HIS OPPONENT’S CLAIM

 P sues D to recover real property. D may file a 3 rd Party
complaint against X, who sold the real property to him, for
breach of warranty against eviction (Art 1548, CC). Insured
sues insurer to recover on the policy issued by the insurer.
 The insurer may file a 3rd Party complaints against the re-  If the plaintiff wishes to interpose any claims arising out of
insurer. the new matters so alleged – he shall set forth such claims
in an amended or supplemental complaint

WHEN MAY THE 3rd or 4th PARTY COMPLAINT BE DENIED

ADMISSION: WHEN IS THERE A NEED FOR THE PLAINTIFF TO FILE A REPLY
 It shall be denied admission, and the court shall require  If the defending party attaches an actionable document to
the defendant to institute a separate action, where: his answer and the plaintiff wishes to contest the
a. 3rd Party Defendant cannot be located within 30 days genuineness and due execution of the actionable
from the grant of such leave; document – he should file a reply (S10 R6)
b. Matters extraneous to the issue in the principal case  Such a reply must be verified in accordance with S8 R8.
are raised; or Otherwise the genuineness and due execution of the
c. The effect would be to introduce a new and separate actionable document are deemed admitted by the
controversy into the action plaintiff.

TEST TO DETERMINE THE PROPRIETY OF A 3 rd PARTY WHEN DEFENDANT MAY FILE A REJOINDER
COMPLAINT:  If an actionable document is attached to the reply – the
a. Is the 3rd Party defendant’s liability to the 3rd party plaintiff defendant may file a rejoinder if the same is based solely
premised on the latter’s liability to the plaintiff? on an actionable document (S10 R6)
b. May the plaintiff directly assert a claim against the 3 rd
party defendant. RULES ON SUMMARY PROCEDURE

Note: An affirmative answer to any of these questions means NOTES: (RIGUERA, 2020)
that the 3rd party complaint is proper. CIVIL CASES GOVERNED BY THE RULE ON SUMMARY PROCEDURE
1. Ejectment Cases
ANCILLIARY JURISDICTION OVER 3rd PARTY COMPLAINT:
Where the RTC has jurisdiction over the main case, it also has Q: The court dismissed the complaint for failure of the plaintiff
ancilliary jurisdiction over the 3 rd party complaint even though to appear during the Preliminary Conference – Plaintiff filed a
the amount claimed falls below the jurisdiction amount. A 3 rd MR of the dismissal order – Defendant contends that the
party complaint is merely auxiliary to and is a continuation of dismissal had become final and executory since MR is
the main action. prohibited pleading. Hence, does not suspend the reglementary
period. Defendant correct?
Note: Doctrine of Anciliary Jurisdiction is applicable mutatis
mutandis to cross-claims. A: No. MR prohibited under Rule on Summary Procedure is
that which seeks reconsideration of a judgment rendered by
3rd Party complaint is independent and distinct from main the court after trial on the merits. The Dismissal order is not a
complaint: A judgment on the 3rd party complaint may become judgment on the merits after the trial of the case
final and executory without waiting for the final determination
of the case. 2. Cases where the total amount of the plaintiff’s claim does not
exceed P100k or P200K in MM, exclusive of interests and cost.
ANSWER TO 3rd PARTY COMPLAINT (S13 R6) – A 3rd party
defendant may allege in his answer defenses that the 3 rd party Example:
plaintiff may have against the original plaintiff’s claims. Q: P filed a suit against D to collect the sum of P100L in MeTC
LP – The court rendered judgment in favor of P – D appealed to
6. COMPLAINT-IN-INTERVENTION RTC which affirmed the challenged decision. D filed with CA a
motion for extension of 15 days to file a PetRev. May P move
7. REPLY (Sec 10, Rule 6,) – A pleading, the function of which is to for the execution of the judgment as a matter of right?
deny, or allege facts in denial or avoidance of new matters
alleged in or relating to an actionable document attached to the A: Yes. Decision of RTC in civil cases covered by Rule on
answer. Summary Procedures shall be immediately executory, without
 All new matters alleged in the answer are deemed prejudice to a further appeal that may be taken.
controverted.
 If the plaintiff wishes to interpose any claims arising out of PLEADINGS IN SUMMARY PROCEDURE
the new matters so alleged, (Riano, 2016/Riguerra, 2020)
- Such claims shall be set forth in an amended or ALLOWED PROHIBITED
supplemental complaint. a. Complaint a. MTD or MTQ except where
 However, the plaintiff may file a reply only if the b. Compulsory the ground is non-referral
defending party attaches an actionable document to his Counterclaim to barangay conciliation
or her answer c. Cross claim; and and lack of subject matter
 Reply is a pleading, the office or function of which is to d. Answers jurisdiction
deny, or allege facts in denial or avoidance of new matters b. Motion for Bill of
alleged in, or relating to, said actionable document Note: All pleadings must be Particulars
 In the event of an actionable document attached to the verified c. Motion for postponements
reply which are dilatory
- The defendant may file a rejoinder if the same is based d. MR of a judgment, re-
solely on an actionable document opening, and new trial
e. Motion for extension of
WHEN A PLAINTIFF FILE A REPLY time to file pleadings or
 A plaintiff may file a reply only if the defending party papers
attaches an actionable document to his answer f. Motion to declare
defendant in default
IS THERE A NEED FOR THE PLAINTIFF TO FILE A REPLY g. Third Party Complaint
 NO. Reason: If a plaintiff does not file such reply – all the h. Memoranda
new matters allege in the answer, including those alleged i. Petition for relief from
in or relating to an actionable document attached to the judgment
answer, are deemed controverted j. Intervention
k. Reply
 l. C/P/M against  Decisions in small claims cases are final, executory and
interlocutory orders unappealable.
 Remedy of Aggrieved Party: Special Civil Action for
Certiorari in case of GADALEJ
 Petition for Certiorari is filed with the RTC. Since MR is a
prohibited pleading – a party must file the petition for
certiorari without filing a MR of the judgment.

MEDIATION/JUDICIAL DISPUTE RESOLUTION DOES NOT APPLY TO

CASES NOT GOVERNED BY THE RULE ON SUMMARY PROCEDURE SMALL CLAIMS CASES: Because the parties may enter into
1. Probate Proceedings compromise at any stage of the proceedings.
2. SMALL CLAIMS CASES, arising from:
a. Contract of Lease Note:
b. Mortgage  Instead of filing a complaint, a small claims action is
c. Loan commenced by filing with the court an accomplished and
d. Services verified Statement of Claim. No other formal pleading is
e. Sale necessary to initiate a small claims of action
 Instead of filing an answer, the defendant shall file with the
RULES ON SMALL CLAIMS CASES court and serve on the plaintiff a duly accomplished and
verified Response.
CASES GOVERNED BY REVISED RULES OF PROCEDURE FOR  Any claim, which the defendant has against the plaintiff, shall
SMALL CLAIMS CASES be filed as a counterclaim in the Response where the
 Actions for payment of money where the value of the counterclaim is compulosy
claim does not exceed P300K in MTC, or P400K in MeTC,  Defendant may elect to file a counterclaim (permissive) against
exclusive of interest and costs the plaintiff even if it does not arise out of the transaction or
occurrence that is the subject of the plaintiff’s claims provided
MTC SHALL APPLY THE REVISED RULES OF PROCEDURE FOR its amount and nature are covered by the Rule
SMALL CLAIMS CASES
 In all actions which are purely civil in nature, where the Petition for a Writ of Amparo or Habeas Data
claim or relief prayed for by the Plaintiff is solely for
payment or reimbursement of sum of money. 1) Prohibited Pleadings:
 The Claim or demand may be for: (MLB) a. Counterclaim
a. For money owed under a contract of lease, loan, b. Cross-claim
services, sale or mortgage c. Third-party complaint
b. For Liquidated Damages arising from contracts d. Reply
c. The enforcement of a barangay amicable settlement e. Intervention
or an arbitration award involving a money claim
covered by this Rule pursuant to Sec 417 of LGC Rules of Procedure for Environmental Cases

CIVIL PROCEDURE IS APPLICABLE TO SMALL CLAIM CASES: but 1) Pleadings allowed:

only suppletory as they are not inconsistent with the Rules a. Complaint
b. Answer which may include a compulsory counterclaim
SMALL CLAIMS ACTION COMMENCED: By filing with the court
an accomplished and verified statement of claim/s 2) Prohibited Pleadings:
a. Reply
VENUE: b. Rejoinder
GR: MeTC/MTC c. Third-party complaint

XPN: Plaintiff engaged in the business of banking,

lending ,and similar activities, and has a branch
in the municipality or city where the defendant
resides – It shall be filed where that branch is
located

PROHIBITED PLEADINGS AND MOTIONS

a. MTD or MTQ on whatever grounds
b. Motion for Bill of Particulars
c. Motion for postponements which are dilatory
d. Motion for Reconsideration of a judgment, re-opening,
and new trial
e. Motion for extension of time to file pleadings or papers
f. Motion to declare defendant in default
g. Third Party Complaint
h. Memoranda
i. Petition for relief from judgment
j. Intervention
k. Reply
l. C/P/M against interlocutory orders

DEFENDANT MAY FILE A PERMISSIVE COUNTERCLAIMS

 Defendant may elect to file a counterclaim (permissive)
against the plaintiff that does not arise out of the
transaction or occurrence. Provided that the:
a. Amount and nature are covered by the Rule; and
b. Prescribed docket and other legal fees are paid

DECISIONS IN SMALL CLAIMS ARE NOT APPEALABLE

 d. When two or more persons not organized as an entity with
juridical personality enter into a transaction, they may be
sued under the name by which they are generally or
commonly known. In the answer of such defendant, the
names and addresses of the persons composing said entity
must all be revealed (S15 R3)

B. PARTS OF A PLEADING Q: May a court adjudge a defendant liable for P1M where the
specific amount prayed for in the complaint is only P800K and
PARTY OF A PLEADING: there is no general prayer for such further or other relief as
a. CAPTION (S1 R7)– This sets forth the name of the court, the may be deemed just or equitable?
title of the action, and the docket number if assigned.
b. BODY (S2 R7) – This sets forth its designation, the allegations of A: YES, provided the evidence so warrants and the defendant
the party’s claim or defenses, the relief prayed for, and the date fails to object to the introduction of evidence on the additional
of the pleading. P200K. In such a case the plaintiff shall pay the additional filing
c. SIGNATURE AND ADDRESS (S3 R7) – It must include the fee on the P200K, which shall constitute a lien on the judgment
matters stated in answer to the next question. award (S5 R10/S2 R141)

WHAT MATTERS OR INFORMATION SHOULD BE STATED BY Note: However, a judgment rendered against a party in default
COUNSEL BELOW HIS SIGNATURE (PIRMA) cannot exceed the amount nor be different in kind than that
a. His address which should not be a post-office box prayed for (S3(d) R9)
b. His PTR OR for the current year
c. His IBP OR for the current year Q: May the court in its final judgment award a claim not
d. His Roll Number alleged, or relief different from, or more than that claimed in
e. Number and date of issue of his MCLE Certificate of the pleading?
Compliance/Certificate of Exemption for the current or
immediately preceding compliance period A: YES (S2 R141). The evidence on record should so warrant and
f. In papers and pleading filed with the SC, the counsel the provisions of S5 E10 should be taken into account. The
should indicate his contact details. docket fees on such award shall constitute a lien on the
judgment (S2 R141)
EFFECT IF THE COUNSEL FAILS TO STATE BELOW HIS
SIGNATURE Nos 1 to 4 above: The pleading is considered as RULE ON SIGNING OF PLEADINGS
having not signed  Every pleading and other written submission to the court must
be signed by the party or counsel representing him (S3 R7)
EFFECT IF THE COUNSELFAILS TO INDICATE IN HIS PLEADING
THE NUMBER AND DATE OF ISSUE OF HIS MCLE CERTIFICATE Note: Only the signature of either the party himself or his
OF COMPLIANCE/COE FOR THE CURRENT/IMMEDIATELY counsel operates to validly convert a pleading from one that Is
PRECEDING COMPLIANCE PERIOD: Subject to appropriate unsigned to one that is signed.
penalty and disciplinary action but would no longer cause of the
dismissal of the case and the expunction of the pleadings from Counsel’s authority to sign a pleading is personal to him and
records. may be delegated only to another lawyer pursuant to Rule 9.01
 The non-compliant lawyer shall be discharged from the of CPR. Hence, Counsel’s blanket authority, whether express or
case and the client shall be allowed to secure the services implied, for just anyone to sign was void.
of a new counsel with the concomitant right to demand
the return of fees already paid to the non-compliant Effect: Pleading’s being unsigned, it produces no legal effect.
lawyer However, the court in its discretion may allow the defect of an
unsigned pleading to be remedied if the failure to sign was
Q: Is a prosecutor required to indicate in the information the inadvertent and not intended to delay.
number and date of issue of his MCLE Compliance Certificate?
May the court dismiss the information in case of failure? THE SIGNIFICANCE OF COUNSEL’S SIGNATURE ON A PLEADING:
 The signature of counsel constitutes a certificate by him that he
A: YES, the prosecutor is required because an information is a has read the pleading and document; that to the best of his
pleading. The court should not dismiss the information but knowledge, information, and belief, formed after an inquiry
simply require the investigating prosecutor to indicate the reasonable under the circumstances:
required information. a. It is not being presented for any improper purpose, such as
to harass, cause unnecessary delay, or needlessly increase
RULES ON THE INCLUSION OF THE PARTIES’ NAMES IN THE the cost of litigation;
PLEADINGS: b. The claims, defenses, and other legal contentions are
a. The names of all the parties should be included in the warranted by existing law or jurisprudence, or by a non-
original complaint. frivolous argument for extending, modifying or reversing
o In Subsequent pleadings, it is sufficient if the name of existing jurisprudence;
the first party on each side be stated with an c. The factual contentions have evidentiary support or, if
appropriate indication when there are other parties, specifically so identified, will likely have evidentiary
such as the by using the word “et al” (S1 R7). support after availment of them odes of discovery under
o The names of all parties in an appeal shall also be these rules; and
indicated in the notice of appeal and record on appeal d. The denials of factual contentions are warranted on the
(S5 and 6 R41) evidence or, if specifically so identified, are reasonably
b. IN A CLASS SUIT – it is sufficient if the names of those based on belief or a lack of information (S3(b) R7)
appearing in the complaint as plaintiffs or in the answer as
defendants be sufficiently numerous and representative as
to fully protect the interests of all concerned (S12 R3)
c. Whenever the identity or name of a defendant is
unknown, he may be sued as the unknown owner, heir,
devisee, or by such other designation as the case may
require. When his identity or true name is discovered – the
pleading must be amended accordingly (S14 R3)
CONSEQUENCE IF THERE IS A VIOLATION OF S3(b) R7)
 It may impose an appropriate sanction or refer such violation to
the proper office for disciplinary action, on nay attorney, law PLEADINGS REQUIRED TO BE VERIFIED:
firm, or party that violated the rule, or is responsible for the a. Petition for Relief from Judgment (S3 R38)
violation b. Petition for Review on Certiorari (S1 R45)
 Absent of exception circumstances, a law firm shall be held c. Petition for review from the RTC to the CA. (S1 R42).
jointly and severally liable for a violation committed by its d. Appeal from quasi-judicial bodies to the CA (S5 R43).
partner, associate or employee. e. Petition for annulment of judgment of the RTC (S4 R47).
 The sanction may include, but not limited to: f. Petition for review of judgment of the CA and COMELEC (S5
a. Non-monetary directives or sanctions R64)
b. An order to pay a penalty in court; or g. Complaint with application for preliminary injunction or
c. If imposed on motion and warranted for effective temporary restraining order (S4 R58).
deterrence, an order directing a payment to the movant of h. Complaint with application for appointment of receiver (S1
part or all of the reasonable attorney’s fees and other R59)
expenses directly resulting from the violation, including i. Complaint with application for support pendente lite. (S1 R61 ).
attorney’s fees for the filing of motion for sanction. j. Petition for C/P/M (R65).
 The lawyer or law firm cannot pass on the monetary penalty to k. Petition for quo warranto. (S1 R66).
the client (S3(c) R7) l. Complaint for expropriation. (S1 R67).
m. Complaint for forcible entry and unlawful detainer. (S1 R?O).
Q: Is it required that a pleading be under oath, verified or n. Complaint, compulsory counterclaim, crossclaim, and the
accompanied by affidavit? answers thereto under the Rule on Summary Procedure. (Sec.
3[8], Rule on Summary Procedure).
A: Pleadings need not under oath, verified or accompanied by o. Petition for appointment of a general guardian. (S2 R93).
affidavit, Except when otherwise specifically required by law or rule p. Petition for leave to sell or encumber property of an estate by
(S4 R7) an guardian. (S1 R95).
q. Petition for the declaration of competency of a ward. (S1 R97).
HOW IS A PLEADING VERIFIED? r. Petition for habeas corpus. (S3 R102).
 It is verified by an affidavit of an affiant duly authorized to sign s. Petition for writ of amparo and writ of habeas data. (Sec. 5,
said verification. Rule on the Writ of Amparo; S6 Rule on the Writ of Habeas
 The authorization of the affiant to act on behalf of a party, Data).
whether in the form of a secretary’s certificate or SPA, should t. Petition for cancellation or correction of entries in the civil
be attached to the pleading, and shall allege the following registry. (S1 R108).
attestations: u. Petition to take deposition in perpetuam rei memoriam. (S1
a. The allegations in the pleading are true and correct based R24).
on his personal knowledge, or based on authentic v. Petitions governed by summary judicial proceedings under the
documents; Family Code. (Articles 223, 225, 235, 239, 249, and 253 of the
b. The pleading is not filed to harass, cause unnecessary Family Code).
delay, or needlessly increase the cost of litigation; and w. Suit between members of the same family. (Art 151, FC).
c. The factual allegations have evidentiary support or, if x. Petition for declaration of nullity or annulment of marriage or
specifically so identified, will likewise have evidentiary for legal separation. (Sec. 2(b)(3) SC Rule on Legal Separation;
support after a reasonable opportunity for discovery. Sec. 5, SC Rule on Declaration of Absolute Nullity of Marriage
 The signature of the affiant shall further serve as a certification and Annulment of Voidable Marriage).
of the truthfulness of the allegations in the pleading (S4 R7) y. Statement of Claim/s and Response in Small Claims Cases

WHO MAY MAKE A VERIFICATION? CERTIFICATION OF FORUM SHOPPING:

 Made by:
a. The Party FORUM SHOPPING – Act of a party who as a result of an adverse
b. Party’s lawyer or representative opinion in one forum, seeks a favorable opinion (other than by
c. Any person who personally knows the truth of the facts appeal or certiorari) in another, or who institutes two or more
alleged in the pleading. actions or proceedings grounded on the same cause, on the gamble
 If made by a person other than the party – such person’s that one or the other court would make a favorable disposition
authority to sign the verification, whether in the form of a
secretary’s certificate or SPA should be attached to the Q: Why is forum shopping prohibited
pleading.
A: Because the vexation caused the court and parties-litigants by a
EFFECT OF PLEADING NOT VERIFIED or LACKS PROPER party who asks different courts or administrative agencies to rule on
VERIFICATION the same or related causes or to grant the same or substantially the
GR: Treated as unsigned pleading (S4 R7), which produces no same relief, in the process creating the possibility of conflicting
legal effect. decisions being rendered by the different fora the same issues.

XPN: The court may, in its discretion, allow such deficiency to be TEST FOR DETERMINING WHETHER A PARTY VIOLATES THE RULE
remedied if it shall appear that the same was due to mere AGAINST FORUM SHOPPING
inadvertence and not intended for delay. a. Whether a final judgment in one case will amount to res
judicata in the action under consideration
Note: SC has been strict with the requirement for b. Whether the elements of litis pendentia are present – If yes,
verification in petitions filed before it there is forum shopping
CERTIFICATION AGAINST FORUM SHOPPING – it is a certification XPN:
under oath by the plaintiff or principal party in the complaint or a. If the party is a juridical person in which case the
other initiatory pleading asserting a claim for relief or in a sworn lawyer could sign. The lawyer must be specially
certification annexed and simultaneously filed therewith, stating authorized by a board resolution.
that: b. If for reasonable or justifiable reasons, the party-
a. He has not commenced any action or filed any claim involving pleader is unable to sign – he must execute a SPA
the same issues in any court, tribunal or quasi-judicial agency; designating his counsel of record to sign on his behalf
b. To the best of his knowledge, no such other action or claim is
pending. If there is such other pending action or claim, a
complete statement of the present status; and
c. If he should learn that the same or similar action or claim as
been filed or is pending – he shall report that fact within 5 days
to the court wherein his complaint or initiatory pleading has
been filed.

 The authorization of the affiant to act on behalf of a party, Q: RC filed a complaint for the annulment of foreclosure sale
whether in the form of a Sec Cert or SPA, should be attached to against Bank V. In its answer, Bank V set up a counterclaim for
a pleading. actual damages and litigation expenses. RC filed a motion to
dismiss the counterclaim on the ground that Bank V's answer with
Note: Failure to file a certification of forum shopping shall be cause counterclaim was not accompanied by a certification against forum
for the dismissal of the complaint without prejudice unless shopping. Rule.
otherwise provided. It is not curable by mere amendment of the
complaint or other initiatory pleading. A: Denial of the motion to dismiss. SC held that a CFS is not required
for asserting a compulsory counterclaim since it is not an initiatory
REMEDY FOR DISMISSAL OF THE COMPLAINT: pleading or incipient application but merely auxiliary to the main
a. May refile the complaint and annex the certification against proceeding. Here, the counterclaim is for actual damages and
forum shopping – because the dismissal for failure to comply litigation expenses and thus compulsory since it arose out of the
with the requirement of annexing a sworn certification is a transaction or occurrence which is the subject matter of RC’s
dismissal without prejudice complaint. Hence, the MTD should be denied.
b. May file a special civil action for certiorari in order to set aside
the dismissal order – if the order was made with GADALEJ WHO ARE CORPORATE OFFICERS/EMPLOYEES WHO MAY SIGN THE
VERIFICATION AND CFS WITHOUT NEED OF A BOARD RESO?
Appeal may not be taken from an order dimissing an action a. Chairperson of the BOD
without prejudice (S1 R41) b. President
c. General Manager/Acting GM
Q: is the submission of a false certification against forum d. Personnel Officer
shopping a ground for summary dismissal with prejudice? e. Employment Specialist in a Labor Case

A: NO. A violation of S5 R7 – other than through willful and Q: Notarial Certificate of the Verification/CFS attached to
deliberate forum shipping – does not authorize the court to private respondents’ petition before the CA did not state
dismiss a case without motion and hearing. Even the whether they presented competent evidence of their
submission of a false certification of non-forum shopping does identities, or that they were personally known to the notary
not automatically warrant dismissal of the case, even if it might public. Should the petition be dismissed?
constitute contempt of court
A: YES. Under Sec 6, 2004 Rules on Notarial Practice. a jurat
Q: When would a dismissal for the violation of S5 R7 be with refers to an act in which an individual on a single occasion
prejudice? appears before the Notary Public and is personally known to
the notary public or identified by the notary public through
A: If the dismissal order so provides or if the acts of the party or competent evidence of identity as defined by the Rules. Hence
his counsel clearly constitute willful and deliberate forum the Verification and CFS are fatally defective for failure to
shopping (S5 R7) comply with the said Rules.

Q: A Petition for review was filed with the CA. The verification Non-compliance with the Non-compliance with the
and CFS attached thereto however lacked the notarial seal requirement on or submission requirement on or submission
although the notary public’s signature and stamp were present. of DEFECTIVE VERIFICATION of DEFECTIVE CFS
Shall this be a cause for the dismissal of the petition? Non-compliance/defect does Non-compliance/defect is
not necessarily render the generally not curable by its
A: NO. The verification and CFS were in fact submitted. An pleading fatally defective. The subsequent submission or
examination of these documents shows that the notary public’s court may order its submission correction, unless there is a
signature and stamp were duly affixed. All the requirements for or correction or act on the need to relax the rule on the
the verification and certification of documents were complied pleading if the attending ground of substantial
with except for the notarial seal. Hence, there was substantial circumstances are such that compliance or presence of
compliance with the requirements on the verification and CFS. strict compliance with the Rule special circumstance or
may be dispensed with in compelling reasons.
Q: Petitioners are H and W. They filed a Petition for Certiorari order that the ends of justice
before the CA but only the H signed the CFS. Is H’s signature may be served thereby
sufficient?
Verification is deemed GR: It must be signed by all the
A: YES. Husband’s signature alone Is sufficient compliance with substantially complied with plaintiffs/petitioners in a case;
the rule of CFS when one who has ample otherwise, those who did not
knowledge to swear to the sign will be dropped as parties
MAY A COUNSEL FOR A PARTY SIGN THE CFS? truth of the allegatins in the to the case.
GR: NO. The CFS needs to be signed by the party himself since complaint or petition signs the
he is in the best position to state the matters therein. verification, and when matters XPN: Under reasonable or
alleged in the petition have justifiable circumstances:
 been made in good faith or are a. when all the c. A party desiring to raise an issue as to the legal existence
true and correct plaintiffs/petitioners of any party or the capacity of any party to sue or be sued
share a common interest in a representative capacity, shall do so by specific denial,
and invoke a common which shall include such supporting particulars as are
cause of action or defense peculiarly within the pleader's knowledge.
- the signature of only
one of them in the CDS HOW IS A JUDGMENT/DECISION PLEADED?
substantially complies  In pleading a judgment or decision of a domestic or foreign
with the rule court, judicial or quasi-judicial tribunal, or of a board or officer,
b. If it must be executed by it is sufficient to aver the judgment or decision without setting
party-pleader, and he is forth matter showing jurisdiction to render it. An authenticated
unable to sign – he must copy of the judgment or decision shall be attached to the
execute a SPA designating pleading. (S6 R8)
his counsel of record to
sign on his behalf

CONTENTS OF A PLEADING STATING A PARTY’S CLAIMS/DEFENSES

(S6 R7)
a. Names of witnesses who will be presented to prove a party's ACTIONABLE DOCUMENT – A written instrument or document on
claim or defense; which an action or defense is based upon (S7 R8)
b. Summary of the witnesses' intended testimonies, provided that  It must be set forth in the pleading (S7 R8)
the judicial affidavits of said witnesses shall be attached to the  How it is set forth in a pleading: The substance of the
pleading and form an integral part thereof. Only witnesses actionable document shall be set forth in the pleading, and the
whose judicial affidavits are attached to the pleading shall be original or a copy thereof shall be attached to the pleading as
presented by the parties during trial. Except if a party presents an exhibit, which shall be deemed to be a part of the pleading.
meritorious reasons as basis for the admission of additional (S7 RS).
witnesses, no other witness or affidavit shall be heard or  EFFECT OF FAILURE TO ATTACH: Should not result in the
admitted by the court; and outright dismissal of the complaint. The court should simply
c. Documentary and object evidence in support of the allegations order the plaintiff to attach or set forth the actionable
contained in the pleading document.
 Failure to attach/set forth actionable document does not
C. ALLEGATIONS IN THE PLEADINGS (RULE 8) preclude its subsequent offer in evidence. There is no
specific provision in the Rules of Court which prohibits the
ULTIMATE FACTS – Facts essential to a claim or defense. A fact is admission in evidence of an actionable document in the
essential if it cannot be stricken out without leaving the statement event a party fails to comply with the requirement of the
of the COA/Defense insufficient rule on actionable documents under S7 RS.
 HOW IT IS STATED IN A PLEADING: Every pleading shall contain  IF ADVERSE PARTY WANTS TO CONTEST THE GENUINENESS
in a methodical and logical form, a plain, concise and direct AND DUE EXECUTION OF AN ACTIONABLE DOCUMENT: The
statement of the ultimate facts, including the evidence on adverse party shall specifically deny under oath the
which the party pleading relies for his claim or defense, as the genuineness and due execution of the actionable document
case may be. If a cause of action or defense relied on is based and set forth what he claims to be the facts (S8 R8). Otherwise
on law, the pertinent provisions thereof and their applicability the genuineness and due execution of the actionable document
to him shall be clearly and concisely stated. shall be deemed admitted

MAY ALTERNATIVE COA/DEFENSES BE PLEADED? THE SPECIFIC FACTS THAT ARE DEEMED INCLUDED WITHIN THE
 A party may set forth two or more statements of a claim or ADMISSION BY THE ADVERSE PARTY OF THE GENUINENESS AND
defense alternatively or hypothetically, either in one cause of DUE EXECUTION OF AN ACTIONABLE DOCUMENT:
action or defense or in separate causes of action or defenses. a. That the party whose signature it bears signed it
(S2 R2) b. That if signed by another, it was signed for the adverse party
 EFFECT OF THE INSUFFICIENCY OF ONE OF THE ALTERNATIVES: and with his authority
As long as one of the alternative statements, If made c. That at the time it was signed, it was in words and figures
independently, would be sufficient, the pleading is not exactly as set out in the pleading of the party relying upon it
rendered insufficient by the insufficiency of the other d. That the document was duly delivered
alternative. e. That any formal requisites of law, such as seal,
 IS IT REQUIRED THAT THE COA/D BE CONSISTENT WITH EACH acknowledgment or revenue stamp which it lacks, are waived
OTHER: NO. COA/D alleged may be inconsistent with each by him.
other provided that each COA/D be consistent in itself.
FOLLOWING DEFENSES ARE BARRED BY THE IMPLIED ADMISSION:
Q. What facts may be averred generally in a pleading? a. Forgery
b. The agent signing was not authorized or exceeded his authority
A. c. The party signing the document signed it in some other capacity
a. Performance or occurrence of conditions precedent. than that alleged in the pleading
b. Malice, intent, knowledge, or other condition of the mind d. The document was never delivered
of a person (MIKO). e. Lack of documentary stamps

Q. What facts must be averred with particularity?

Note:
A:  Failure to specifically deny under oath an actionable document
a. In all averments of fraud or mistake, the circumstances resulted to implied admission of its genuineness and due
constituting fraud or mistake must be stated with execution. The same is a judicial admission and does not
particularity. (S5 RS) require proof (S4 R129)
b. Facts showing the capacity of a party to sue or be sued or  Failure to deny the genuineness and due execution of an
the authority of a party to sue or be sued in a actionable document does not preclude a party from arguing
representative capacity or the legal existence of an against it by evidence of fraud, mistake, compromise, payment,
organized association of persons, must be averred. (S4 RS). statute of limitations, estoppel and want of consideration.
 Under S8 R8, the requirement of an oath does not apply when LACK OF THE LEGAL CAPACITY LACK OF PERSONALITY TO SUE
the adverse party does not appear to be a party to the TO SUE
instrument. It refers to a litigant’s general When an entity has no
disability to sue, such as on separate juridical personality,
Q: In an action for collection of P2,000,000.00, plaintiff bank alleged account of minority, insanity, it has no legal capacity to sue
that defendant Oriental Textile Mills, Inc., for valuable consideration, incompetence, lack of juridical
executed in favor of the bank a promissory note for said amount, a personality or any other
copy of the note being attached to the complaint Defendant filed an general disqualifications of a
answer to the complaint denying liability and alleging that the party.
signatory Jesus Lim had no authority to negotiate and obtain a loan
in its behalf, nor to sign the promissory note. The answer was not In this case, the initiatory
verified. During the trial, defendant sought to introduce evidence to pleading may be dismissed on
show that Jesus Lim was not authorized to enter into the transaction the ground of lack of legal
and to sign the promissory note for and in behalf of the defendant capacity to sue
corporation. Plaintiff objected to such evidence, claiming that Urn's
authority had been admitted by defendant's failure to verify the WHEN DOES A PLEADING FAIL TO STATE A COA: when it contains no
answer. The judge sustained the objection. Was the ruling correct? allegation that there is an act or omission by the defendant which
violated the right of the plaintiff.
A: YES. The SC held that the implied admission of the actionable
document’s genuineness and due execution includes an admission WHERE THE PLAINTIFF’S COA IS PREMATURE: It may be dismissed
that the agent signing the same was duly authorized by the adverse for failure to state a COA.
party. Hence, the defense that the agent signing the same was not
authorized by the principal is barred by the implied admission.

THREE MODES OF SPECIFIC DENIAL: FAILURE TO STATE A COA LACK OF COA

1. The defendant must specify each material allegation of fact the It relates to the failure of the It relates to a failure of proof,
truth of which he does not admit, and whenever practicable, allegations of the pleading to that is, the plaintiff’s failure to
set forth the substance of the matters upon which he relies to state a COA prove by evidence his
support his denial allegations relating to his COA
2. Where a defendant desires to deny only a part of the averment,
he shall specify so much of it as is true and material and deny h. FAILURE TO COMPLY WITH A CONDITION PRECEDENT
only the remainder FOR FILING THE CLAIM
3. Where a defendant is without knowledge or information
sufficient to form a belief as to the truth of a material averment Q: May a court motu proprio dismiss a case for failure to comply
made in the complaint, he shall so state, and this shall have the with Article 151 of the Family Code?
effect of a denial.
A: No. Non-compliance with the earnest effort requirement under
EFFECT IF MATERIAL AVERMENTS IN A PLEADING ASSERTING A Article 151 of the Family Code is not a jurisdictional defect which
CLAIM, OTHER THAN THOSE AS TO THE AMOUNT OF would authorize the courts to dismiss suits filed before them motu
UNLIQUIDATED DAMAGES, ARE NOT SPECIFICALLY DENIED: They proprio. Rather, it merely partakes of a condition precedent such
shall be deemed admitted (S11 R8). These are judicial admissions. that the non-compliance therewith constitutes a ground for
dismissal of a suit should the same be invoked by the opposing party
NEGATIVE PREGNANT at the earliest opportunity, as in a motion to dismiss or in the
 DEF: A denial of a fact alleged with some qualifying or answer. Otherwise, such ground is deemed waived.
modifying circumstance which denial is ambiguous or
conjunctive, that is, it cannot be ascertained whether it is the HOW SHOULD THE COURT RESOLVE OR ACT ON THE
fact or only the qualification or modification which is denied AFFIRMATIVE DEFENSES: It shall be motu proprio resolved by
 EFFECT: the defendant is deemed to have only denied the the court within 30 days from the filing of the answer (S12(c)
qualification or modification but not the fact itself which is R8).
deemed admitted.  The court has a duty to resolve the affirmative defenses
 EXAMPLE: Par 4 alleges that Defendant bumped Plaintiff’s car
while under the influence of alcohol. The defendant denies 2. The Affirmative defenses under the first paragraph of S5(b)
bumping Plaintiff’s car while under the influence of alcohol. The R6, which include:
Defendant Is deemed to have denied only the fact of being i. Fraud
intoxicated to have denied only the fact of being intoxicated j. Prescription
but is deemed to have admitted the bumping. k. Release
l. Payment
AFFIRMATIVE DEFENSES m. Illegality
HOW SHALL A DEFENDANT RAISE HIS AFFIRMATIVE DEFENSE n. Statute of Frauds
1. A defendant shall raise his affirmative defense in his answer, o. Estoppel
which shall be limited to the following: p. Former recovery
a. Lack of subject-matter jurisdiction (S5(b) R6) q. Discharge in bankruptcy
b. Lis pendens r. Any other matter by way of confession and avoidance (S12
c. Res Judicata R8)
d. Lack of personal jurisdiction
e. Improper venue HOW SHOULD THE OCURT RESOLVE OR ACT ON THE
f. LACK OF LEGAL CAPACITY TO SUE – either that the AFFIRMATIVE DEFENSE: The court may conduct a summary
plaintiff does not have the necessary qualifications to hearing within 15 days from the filing of the answer. Such
appear in the case because he is not in the full exercise of affirmative defenses shall be resolved by the court within 30
his civil rights. In case of a minor/incompetent who is not days from the termination of the summary hearing (S12(d) R8)
assisted by his father, mother, guardian, or guardian ad  The court has the discretion to conduct or not the
litem; or when he does not have the character or summary hearing for the resolution of the affirmative
representation which he claims, as when he is not a duly defense. If the court decides not to conduct the summary
appointed E/A of the estate he purports to represent. hearing, the affirmative defenses would be resolved during
the trial proper.
g. FAILURE TO STATE COA
o When the plaintiff is not the real party in interest Note: Subject to the right of appeal, an order granting a motion to
dismiss or an affirmative defense that the cause of action is barred
by a prior judgment or by the statute of limitations; that the claim or  File a MTD or Answer raising the ground of litis pendentia, if the
demand set forth in the plaintiffs pleading has been paid, waived, first case is still pending or the ground of res judicata if the first
abandoned or otherwise extinguished; or that the claim on which case is already final and unappealable.
the action is founded is unenforceable under the provisions of the  Basis: Under S47(b) R38, the final judgment is conclusive not
statute of frauds, shall bar the refiling of the same action or claim only with respect to the mater directly adjudged but also as to
(S13 R15) any other matter that could have been raised in relation
thereto.
WHEN SHOULD THE AFFIRMATIVE DEFENSES BE RAISED: It should
be raised at the earlies opportunity; Otherwise the failure to do so WHEN MAY A DEFENDANT BE DECLARED IN DEFAULT? WHAT
shall constitute a waiver (S12(b) R8) HAPPENS THEREAFTER?
 If the defendant fails to answer within the time allowed
REMEDY OF THE DEFENDANT FROM THE DENIAL OF THE therefor, the court shall upon motion of the claiming party with
AFFIRMATIVE DEFENSE: It shall not be subject of a Motion for notice to the defending party, and proof of such failure, declare
Reconsideration or Petition for C/P/M, but may be among the the defending party in default.
matters to be raised on appeal after a judgment on the merits.  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.
(S3 R9)

MAY THE RECEPTION OF EVIDENCE BE DELEGATED

 Yes, it may be delegated to the clerk of court (S3 R9), who must
be a member of the bar (S9 R30)

EFFECT FAILURE TO PLEAD (R9)

SHOULD A MOTION TO DECLARE DEFENDANT IN DEFAULT BE SET
EFFECT IF DEFENSES AND OBJECTIONS ARE NOT PLEADED EITHER IN FOR HEARING?
A MOTION TO DISMISS OR IN THE ANSWER:  While such a motion is a litigious motion, a hearing is
GR: They are deemed waived discretionary upon the court (S6 R15). The defendant however
should be given the chance to oppose the motion to declare
XPN: When it appears from the pleadings or the evidence on him in default (S5(c) R15)
record that:
a. The court has no jurisdiction over the subject matter, MAY THE COURT MOTU PROPRIO DECLARE A DEFENDANT IN
b. There is another action pending between the same DEFAULT FOR FIALURE TO TIMELY FILE AN ANSWER
parties for the same cause  No. There should be a motion by the plaintiff. However, under
c. The action is barred by prior judgment the Rule on Summary Procedure, the court may motu proprio
d. The action is barred by statute of limitations render judgment in favor of the plaintiff if the defendant finals
to timely answer
EFFECT IF A COMPULSORY COUNTERCLAIM OR CROSS CLAIM IS
NOT SET UP IN A CASE: It shall be barred EFFECT OF THE ORDER OF DEFAULT: A party in default shall be
entitled to notice a subsequent proceedings but not to take part in
HOW SHOULD A COMPULSORY COUNTERCLAIM/CROSS-CLAIM BE the trial (S3(a) R9)
SET UP: A compulsory counterclaim or a cross-claim that a defending
party has at the time he files his answer shall be contained therein. MAY A PARTY WHO IS DECLARED IN DEFAULT TESTIFY IN BEHALF
(S8 R 11) OF THE NON-DEFAULTED DEFENDANTS: YES, there is nothing in the
ROC which prohibit or disqualify a defaulted party form being a
MAY A COMPULSORY COUNTERCLAIM BE SET UP IN A MTD: witness for the non-defaulted defendants
 No. SC has stated that if the defendant has a compulsory
counterclaim – he should not file a MTD but an answer with a WHAT ARE THE CASES WHEREIN NO DEFAULTS ARE ALLOWED:
counterclaim, with the ground for the MTD being asserted as an  In actions for annulment or declaration of nullity of marriage or
affirmative defense for legal separation.
 If the defending party fails to answer, the court shall order the
REMEDY OF A PARTY IF HE FAILS TO SET UP HIS Solicitor general or his deputized public prosecutor to
COUNTERCLAIM/CROSS-CLAIM IN THE ANSWER: investigate whether or not a collusion between the parties
 When a pleader fails to set up a counterclaim/cross claim exists, and if there is no collusion, to intervene for the State in
through oversight, inadvertence, or excusable neglect, or when order to see to it that that evidence submitted is not fabricated
justice requires – he may, by leave of court, set up the or suppressed. (S3[e] R9; Articles 48 and 60, Family Code).
counterclaim/cross claim by amendment before judgment (S10  No judgment shall be based on a stipulation of facts or
R11) confession of judgment. (Articles 48 and 60, Family Code).

RULE ON PLEADING REGARDING AFTER-ACQUIRED WHAT ARE THE REMEDIES OF A PARTY WHO FAILS TO FILE AN
COUNTERCLAIMS OR CROSS-CLAIMS: ANSWER AND/OR IS DECLARED IN DEFAULT
 An After-acquired counterclaim is merely permissive even if it a. Before notice of order of default. File a motion to admit
arises from or is connected with the transaction or occurrence answer giving a justifiable cause for the delay in the filing of the
constituting the subject-matter of the opposing party’s claim. answer. Where an answer has been filed belatedly but before
 A counterclaim/cross claim which either matured or was the defendant is declared in default, the court should admit the
acquired by a party after serving his pleading may, with the answer in order to resolve the case on the merits rather than
permission of the court, be presented as a counterclaim or a on technicalities.
crossclaim by supplemental pleading before judgment (S9 R11) b. After order of default but before judgment. File a motion
 The SC also allowed the setting up of the after-acquired under oath to set aside the default order upon proper showing
counterclaim in a separate action. that his failure to answer was due to fraud, accident, mistake or
excusable negligence and that he has a meritorious defense.
REMEDY OF THE DEFENDANT IF A COMPULSORY (S3[b] R9).
COUNTERCLAIM/CROSS CLAIM NOT SET UP IS MADE THE SUBJECT c. After judgment but before it becomes final. File a motion for
OF A SEPARATE ACTION new trial on the ground of FAME under R37. If the motion for
 new trial is denied, the defendant may appeal within 15 days
from receipt of the order denying the motion for new trial.
d. After judgment becomes final. File a petition for relief under
R38. If the defendant was improvidently or wrongly declared in
default he may move to set aside the judgment by way ofa
special civil action for certiorari. After period to file a petition
for relief has lapsed. File a petition for annulment of judgment
based on extrinsic fraud under R47.

MAY A PARTY DECALRED IN DEFAULT APPEAL FROM THE DEFAULT

JUDGMENT OF THE RTC AND FILE APPEAL BRIED IF THE CA?
 Yes. The provision that the defaulting party cannot take part in
the trial only meant that he has already lost his standing in the
trial court.
 In other words, the effect of the judgment of default is limited
only to those stages in the prosecution of the case which
terminated with and included in the judgment of the trial court
on the merits.
 A defaulted party may appeal from the judgment rendered
against him. And concomitant with the said right is the filing of
the appellant's brief in order to be heard, or an appellee's brief,
if the one who appealed the judgment was the piaintiff.

FAILURE TO FILE AN ANSWER UNDER THE

RULES ON SUMMARY REGULAR PROVISIONS OF THE
PROCEDURE ROC
Governed by S6 of RSP Governed by S3 R9

Reglementary period to Reglementary period to

answer is 10 days from service answer is 15 days from service
of summons of summons

Plaintiff files a motion to Plaintiff files motion to declare

render judgment. Motion to defendant in default
declare defendant in default a
prohibited motion

Court may motu proprio Court cannot motu proprio

render judgment in favor of declare defendant in default,
the plaintiff as may be much lesser render judgment
warranted by the facts alleged in platiff’s favor.
in the complaint.

Court cannot require plaintiff The court may proceed to

to submit evidence but should render judgment granting the
just render judgment as may plaintiff such relief as his
be warranted by facts alleged pleading may warrant or in its
in the complaint discretion require the plaintiff
to submit evidence
 and regulations
Special SC may designate certain branches of RTC to
try exclusively:
1. Criminal Cases
2. Juvenile and domestic relations cases
3. Agrarian cases
4. Urban land reform cases not falling
within the jurisdiction of any quasi-
judicial body and
Other special cases in the interest of justice
Appellate GR: All cases decided by lower courts in their
respective territorial jurisdictions.

XPN: Decisions of lower courts in the exercise

of delegated jurisdiction

CIVIL CASES JURISDICTION

REGIONAL TRIAL COURTS

Exclusive 1. Actions:
Original a. in which the subject of litigation is METROPOLITAN/MUNICIPAL TRIAL COURTS
incapable of pecuniary estimation; Exclusive 1. Actions:
b. involving title to or possession of real Original  involving personal property where
property or any interest therein the value of the property does not
where the assessed value exceeds exceed Php 2,000,000.00 (RA 11576)
Php 400,000.00, except forcible entry  for claim of money where the
and unlawful detainer of lands or demand does not exceed Php
bldgs., OJ over which is conferred 2,000,000.00 (RA 11576)
upon the MeTC/MTC/MCTC/MTCC  involving title to or possession of real
(RA 11576); property or any interest therein
c. in admiralty and maritime jurisdiction where the value or amount does not
where demand or claim exceeds Php exceed Php 2,000,000.00 exclusive of
2,000,000.00 (RA 11576); interest damages, attorney’s fees,
2. Matters of probate, testate or intestate, litigation expense, and costs, the
where gross value of estate exceeds Php amount of which must be specifically
2,000,000.00 (RA 11576); alleged: Provided: (RA 11576)
3. In all actions involving the contract of a. That interest, damages of
marriage and marital relations whatever kind, attorney’s fees,
4. Cases not within the exclusive litigation expenses, and costs
jurisdiction of any court, tribunal, person shall be included in the
or body exercising judicial or quasi- determination of filing fees;
judicial function; b. Where there are several claims
5. Civil actions and special proceedings or causes of action between the
falling within exclusive original same or different parties,
jurisdiction of Juvenile and Domestic embodied in the same complaint
Relations Court and Court of Agrarian – the amount of the demand
Reforms; shall be the totality of the claims
6. Other cases where the demand, in all the causes of action,
exclusive of interest, damages, irrespective of whether the
attorney’s fees, litigation expenses and causes of action arose out of the
costs, or value of property in same or different transaction
controversy exceeds Php 2,000,000.00
(RA 11576) 2. Probate proceedings, testate or
7. Intra-corporate controversies under intestate, where the value of the estate
Sec. 5.2 of the Securities and Regulation does not exceed Php 2,000,000.00 (RA
Code. 11576)
3. Maritime claims where the demand or
CONCURRENT claim does not exceed Php 2,000,000.00
With SC, SB and 1. Writ of amparo; (RA 11576)
CA 2. Writ of habeas data. 4. Inclusion or exclusion of voters
With SC Actions affecting ambassadors and other 5. Those covered by the Rules on Summary
public ministers and consuls Procedure:
With SC and CA 1. Certiorari, prohibition and mandamus 6. Forcible entry and unlawful detainer;
against lower courts and bodies; 7. Those covered by the Rules on Small
2. Habeas corpus and quo warranto; Claims, i.e. actions for payment of
With MTC Cases involving enforcement or violations of money where the claim does not exceed
environmental and other related laws, rules Two Hundred Thousand Pesos
 (P200,000.00) exclusive of interest and 8. Distinguish Judgment on the Pleadings from Summary Judgment.
costs (as amended A.M. No. 08-8-7-SC,
effective February 1, 2016). 9. B filed his Answer to A’s complaint, alleging new matters but did
not attach any actionable document to his answer. A filed a Reply to
Delegated Cadastral or land registration cases the Answer. B moved to expunge A’s Reply for being a prohibited
covering lots where: pleading under the Rules. Is B correct?
1. There is no controversy or
opposition; 10. During trial before the RTC in a civil case for a collection of sum
2. Contested but the value does not of money, the lawyer for the defendant was able to elicit admission
exceed Php 100,000 from the plaintiff that the total amount of the alleged unpaid claims
were only 100,000 pesos and not Three Million pesos as alleged in
NOTE: The value shall be ascertained by the Complaint. Said lawyer then filed a motion to dismiss the case on
the affidavit of the claimant or agreement the ground that the RTC has no jurisdiction over the amount of claim
of the respective claimants proven during trial. If you were the judge, will you grant the Motion
Special Petition for habeas corpus in the absence of to Dismiss? Why or why not?
all RTC judges in the province or city

With RTC Cases involving enforcement or violations of

environmental and other related laws, rules
and regulations

1. Larry filed with the MTC an action for unlawful detainer against
Harry praying that the latter be directed to “pay 1 million pesos or
vacate the premises”. Harry contended that the MTC has no
jurisdiction over the subject matter of the complaint. Is Harry
correct? Explain your answer.

2. In a case, the RTC dismissed the complaint on the ground of lack

of jurisdiction over the subject matter even without any motion from
the defendant as shown on the pleadings submitted by the parties
and evidence on record. The plaintiff questioned the action of the
judge and alleged that the court acted with grave abuse of discretion
when he motu proprio dismissed the case. Is the plaintiff correct?
Explain your answer.

3. In a contract, A and B, both residents of Pasay City, made a

stipulation that “the parties agree to sue and be sued in the Courts
of Makati”. Thereafter, A filed a complaint against B in Makati for
breach of contract. B assailed the venue of the action contending
that it was improperly laid. Rule.

4. In his Complaint, X prayed that the defendants be made to pay

moral damages in the amount of 250,000 as moral damages; 50,000
as exemplary damages; 50,000 as attorney’s fees; 100,000 as
litigation expenses and costs of suit. The defendants filed a motion
to dismiss contending that since the amount of the claim for moral
damages was not more than 300,000, the MTC and not the RTC, has
jurisdiction. According to the defendants, all the other claims should
be excluded from the computation of the jurisdictional amount.
Decide.

5. On the basis of the allegations in the complaint, the court

determined that it has no jurisdiction over its subject matter. Hence,
the judge issued an order of dismissal and referred the case to the
appropriate court. Comment on the action of the judge. (10%)

6. In action for ejectment, the defendant raised as a defense the

existence of a tenancy relationship between him and the plaintiff.
Does said defense deprive the MTC of jurisdiction over the subject
matter? Explain your answer.

7. Ambrosio, a resident of Pasay City, wants to file an action against

Pinnochio, a resident of Sta. Rosa City, Laguna to compel the latter
to execute a Deed of Sale covering a 800 square meter lot situated in
Quezon City and thereafter, a certificate of title be issued to him
claiming ownership of said lot. Ambrosio engaged your services as a
lawyer and to prosecute his claims. Where should you file the
action? Explain your answer.
 10. X filed a Petition for Certiorari under Rule 65 with the CA
questioning the Order of the RTC on the ground that it was issued
with grave abuse of discretion amounting to lack or excess of
jurisdiction. He also included an application for the issuance of a
temporary restraining order and/or a writ of preliminary injunction.
The CA then issued a Resolution directing the respondents to file
their Comment to the Petition and application for the TRO and/or
writ of preliminary injunction. When the RTC proceeded with the
hearings in the case, X objected and asked that the RTC should stay
the proceedings pending the resolution of his Petition with the CA.
The RTC denied his request. Is the RTC correct? Explain. (10%)

1. Mr. Shaman has a cause of action against Mr. Berroya as the

latter failed to pay his loan of 10M pesos to the former. Mr. Berroya
also failed to pay another previous loan of 400,000 to Mr. Shaman.
Mr. Shaman is a resident of Makati while Mr. Berroya is a resident of
Pasig. Where may Mr. Shaman file his suit and may he join in one
action both causes of action? Explain your answer. (10%)

2. Jeremiah filed on his own behalf a complaint against Pedro.

Pedro filed a Motion to dismiss contending that Jeremiah, being only
an agent, is the not the real party-in-interest. The motion was
denied. Pedro filed a motion for reconsideration but the same was
also denied. He thereafter filed a petition for certiorari. If you were
the ponente, how would you decide and rule on the contention of
Pedro? Explain. (10%)

3. Pinky filed a suit to recover a property under Margot’s name

which the latter was able to transfer under her name fraudulently.
Margot is a resident of United Kingdom. Where should Pinky
commence the suit? Why? (10%)

4. The Rules require that whenever an action is filed, it must be

accompanied by a certificate of non-forum shopping. State the
reason for the rule. Explain. (10%)

5. A filed a complaint against B. B filed a motion to dismiss the

complaint. Upon receipt of the motion to dismiss, A filed a notice to
amend her complaint. B objected to the amendment contending
that A can no longer amend her complaint because he has already
filed a motion to dismiss. Is B correct? Explain your answer. (10%)

6. A complaint for sum of money was filed based on a promissory

note. When the obligation became due and demandable, there was
no payment despite demands. In their answer, the defendants
alleged that they “specifically deny” the allegations in the complaint
that they executed the loan agreement. The complainant now claim
that the defendants had admitted the genuineness and due
execution of the loan document. Is th complainant correct? Explain
your answer. (10%)

7. What is the effect if there are defenses or objections that are

not pleaded either in a motion to dismiss or in the answer? State the
exceptions, if any. (10%)

8. May an action be dismissed on the ground of prescription even

if not pleaded in a motion to dismiss? Explain. (10%)

9. What and how is voluntary appearance made? Explain. (10%)