Civil Procedure: The Bar Lectures Series Volume I PDF

**Civil Procedure: The Bar Lectures Series Volume I** **Causes of Action, Actions, and Parties** **Misjoinder of Causes of Action** - A misjoinder of causes of action is not a ground for dismissal (Salvador v. Patricia, Inc., G.R. No. 195834, November 9, 2016) - However, if the plaintiff...

**Civil Procedure: The Bar Lectures Series Volume I** **Causes of Action, Actions, and Parties** **Misjoinder of Causes of Action** - A misjoinder of causes of action is not a ground for dismissal (Salvador v. Patricia, Inc., G.R. No. 195834, November 9, 2016) - However, if the plaintiff refuses to sever the misjoined cause of action as ordered by the court, the complaint may be dismissed (Salvador v. Patricia, Inc., G.R. No. 195834, November 9, 2016) **Definition of an Action** 1. An action is the legal and formal demand of one\'s right from another person made and insisted upon in a court of justice (Bouvier\'s Law Dictionary, Vol. I, 128, 8th Ed.; Words and Phrases, Vol. 2, 25) 2. In this jurisdiction, the terms \"action\" and \"suit\" are synonymous, but the operative act which converts a claim into an \"action\" or \"suit\" is the filing of the same with a court of justice (Lopez v. Compania de Seguros, 16 SCRA 855, 859) **Civil Actions vs. Criminal Actions** 1. A civil action is one by which a party sues another for the enforcement or protection of a right, or the prevention or redress of a wrong (Sec. 3(a), Rule 1, Rules of Court) 2. A criminal action is one by which the State prosecutes a person for an act or omission punishable by law (Sec. 3(b), Rule 1, Rules of Court) 3. Proceedings are to be regarded as criminal when the purpose is primarily punishment, and civil when the purpose is primarily compensatory or remedial (People v. Godoy, 243 SCRA 64, 78) **Actions vs. Special Proceedings** 1. The purpose of an action is either to protect a right or prevent or redress a wrong (Sec. 3(a)(b), Rule 1, Rules of Court) 2. The purpose of a special proceeding is to establish a status, a right, or a particular fact (Sec. 3(c), Rule 1, Rules of Court) 3. Examples: - Determination of legal heirs must be made in a special proceeding, not an ordinary suit for recovery of property (Heirs of Magdaleno Ypon v. Ricaforte, G.R. No. 198680, July 8, 2013; Alcantara v. Belen, G.R. No. 200204, April 25, 2017) - Matters relating to filiation and heirship must be ventilated in a special proceeding (Heirs of Magdaleno Ypon v. Ricaforte, G.R. No. 198680, July 8, 2013; Alcantara v. Belen, G.R. No. 200204, April 25, 2017) **Special Proceedings under the Rules of Court** 1. Rules of special proceedings are provided for in the following cases under Sec. 1 of Rule 72 of the Rules of Court:a. Settlement of estate of deceased personsb. Escheatc. Guardianship and custody of childrend. Trusteese. Adoptionf. Rescission and revocation of adoptiong. Hospitalization of insane personsh. Habeas corpusi. Change of namej. Voluntary dissolution of corporationsk. Judicial approval of voluntary recognition of minor natural childrenl. Constitution of family homem. Declaration of absence and deathn. Cancellation or correction of entries in the civil registry 2. The rules of ordinary civil actions have suppletory application in special proceedings (Sec. 2, Rule 72, Rules of Court) 3. The enumeration of special proceedings in the Rules of Court is not exclusive (Bar 2015) - Examples: Arbitration, proceedings for recognition and enforcement of arbitration agreements, petition for a writ of amparo **Special Civil Actions in the Rules of Court** 1. Interpleader 2. Declaratory relief and similar remedies 3. Review of judgments and final orders or resolutions of the Commission on Elections and the Commission on Audit 4. Certiorari, prohibition, and mandamus 5. Quo warranto 6. Expropriation 7. Foreclosure of real estate mortgage 8. Partition 9. Forcible entry and unlawful detainer 10. Contempt **Real Actions vs. Personal Actions** 1. An action is real when it affects title to or possession of real property, or an interest therein (Sec. 1, Rule 4, Rules of Court; BPI Family Savings Bank v. Yujuico, G.R. No. 175796, July 22, 2015) 2. All other actions are personal actions (Sec. 2, Rule 4, Rules of Court) 3. Examples of real actions: Unlawful detainer, forcible entry, accion publiciana, accion reinvindicatoria, quieting of title, removal of a cloud on a title 4. An action is real when it is founded upon the privity of real estate, i.e., realty or an interest therein is the subject matter of the action (Sec. 1, Rule 4, Rules of Court) 5. An action for declaration of nullity of marriage is a personal action (Tamano v. Ortiz, 291 SCRA 584, 588) 6. An action for specific performance with damages is a personal action as long as it does not involve a claim of or recovery of ownership of or title to real property (Siasoco v. Court of Appeals, 303 SCRA 186, 196) 7. Where a complaint is for specific performance but prays for the issuance of a deed of sale for a parcel of land, the action is deemed a real action (Gochan v. Gochan, 372 SCRA 256, 264) 8. An action for specific performance to enforce a right to repurchase lots previously sold is an action incapable of pecuniary estimation (Heirs of Bautista v. Lindo, G.R. No. 208232, March 10, 2014) 9. Where the allegations and prayer in the complaint do not claim ownership of the lots or ask for possession, but merely seeks the execution of a deed of sale, the action is a personal action (Adamos v. J.M. Tuason & Co., Inc., 25 SCRA 529, 534) 10. An action to foreclose a real estate mortgage is a real action, but an action to compel the mortgagee to accept payment of the mortgage debt and release the mortgage is a personal action (Hernandez v. Rural Bank of Lucena, Inc., 81 SCRA 75, 84) 11. An action to annul a contract of loan and its accessory real estate mortgage is a personal action (Chua v. Total Office Products and Services (Topros), Inc., 471 SCRA 500, 507) 12. An action for reconveyance is an action in personam available to a person whose property has been wrongfully registered under the Torrens system in another\'s name (Muñoz v. Yabut, Jr., 650 SCRA 344, 365-366) 13. An action to annul a real estate mortgage foreclosure sale is a real action because the action is closely intertwined with the issue of ownership (Paglaum Management and Development Corporation v. Union Bank of the Philippines, 673 SCRA 506, 511-512) **Significance of the Distinction Between Real and Personal Actions** 1. The distinction is important for determining the venue of the action (Sec. 1 and 2, Rule 4, Rules of Court) 2. A real action is local, i.e., its venue depends on the location of the property involved 3. A personal action is transitory, i.e., its venue depends on the residence of the plaintiff or the defendant **In Personam, In Rem, and Quasi In Rem Actions** 1. An action in personam is a proceeding to enforce personal rights and obligations brought against the person 2. An action in rem is a proceeding against the thing itself, binding on the whole world 3. An action quasi in rem is one where an individual is named as a defendant, and the purpose is to subject the person\'s interest in the property to the obligation or lien burdening the property 4. Examples: - Probate of a will, land registration, and correction of birth certificate entries are actions in rem - Foreclosure and attachment proceedings are actions quasi in rem 5. The distinction is important for determining whether jurisdiction over the person of the defendant is required - In an action in personam, jurisdiction over the person of the defendant is necessary - In an action in rem or quasi in rem, jurisdiction over the res (the thing) is sufficient, but notice to interested parties is still required **Table: Comparison of In Personam, In Rem, and Quasi In Rem Actions** **Characteristic** **In Personam** **In Rem** **Quasi In Rem** ----------------------- ----------------------------------------------------------------------- ------------------------------------------------------------------------------- ---------------------------------------------------------------------------------------------------- Purpose Enforce personal rights and obligations against the person Determine the status of a thing and bind the whole world Subject the defendant\'s interest in the property to the obligation or lien burdening the property Jurisdiction Required Jurisdiction over the person of the defendant Jurisdiction over the res (the thing) Jurisdiction over the res (the thing) Examples Collection of a sum of money, unlawful detainer, specific performance Probate of a will, land registration, correction of birth certificate entries Foreclosure, attachment proceedings **When Summons by Publication May Be Made in an Action In Personam** 1. Summons by publication will generally not enable the court to acquire jurisdiction over the person of the defendant (Pantaleón v. Asunción, 105 Phil. 761, 765) 2. Exceptions:a. If the identity of the defendant is unknown or their whereabouts are unknown (Sec. 16, Rule 14, Rules of Court, as amended by A.M. No. 19-10-20-SC)b. If the resident defendant is temporarily out of the country (Sec. 18, Rule 14, Rules of Court, as amended by A.M. No. 19-10-20-SC) **Parties to a Civil Action** **Description** This section covers the different types of parties involved in a civil action, including plaintiffs, defendants, and other entities that may be parties to a lawsuit. **Key Points** - Plaintiff: The claiming party who files the complaint. This includes the original plaintiff, as well as defendants who file counterclaims, cross-claims, or third-party complaints. - Defendant: The original defending party, as well as defendants in counterclaims, cross-claims, or third-party complaints. - Parties to a civil action can be natural persons, juridical persons (e.g., corporations, institutions, associations), or entities authorized by law. - Juridical persons have a separate and distinct personality from the natural persons that compose them. (Philippine Coconut Producers Federation, Inc. v. Republic) - Entities authorized by law to be parties include partnerships by estoppel, estates of deceased persons, and labor organizations. (Sec. 1, Rule 3) **Real Party in Interest** - The real party in interest is the party who stands to be benefited or injured by the judgment in the suit, or the party entitled to the avails of the suit. (Sec. 2, Rule 3) - Unless otherwise authorized by law or the Rules, every action must be prosecuted or defended in the name of the real party in interest. (Sec. 2, Rule 3) - Determining the real party in interest requires analyzing the elements of the cause of action, including the existence of a right and its violation. (Philippine Numismatic and Antiquarian Society v. Aquino) **Locus Standi (Legal Standing)** - Locus standi refers to a personal and substantial interest in a case, such that the party has sustained or will sustain direct injury. (Osmeña III v. Abaya) - The concept of standing is different from the question of whether a party is the real party in interest. Standing involves broader policy concerns, while the real party in interest rule focuses on whether a person would be benefited or injured by the judgment. (United Church of Christ in the Philippines, Inc. v. Bradford United Church of Christ, Inc.) - The Court has relaxed the standing requirement in certain cases, such as for taxpayers, voters, concerned citizens, and legislators. (Funa v. Aguirre) **Indispensable Parties** - Indispensable parties are those without whom no final determination can be had of an action. (Sec. 7, Rule 3) - The joinder of indispensable parties is mandatory, and the responsibility of impleading them rests on the plaintiff. (Tumagan v. Kairuz) - Failure to implead an indispensable party does not warrant outright dismissal of the case. The proper remedy is to order the inclusion of the indispensable party. (Divinagracia v. Parilla) **Necessary Parties** - Necessary parties are those who ought to be joined as parties if complete relief is to be accorded as to those already parties, or for a complete determination or settlement of the claim subject of the action. (Sec. 8, Rule 3) - The non-inclusion of a necessary party does not prevent the court from proceeding in the action, but it is better that all necessary parties are joined. (Chua v. Torres) **Substitution of Deceased Parties** - Upon notice of a party\'s death, the court must determine whether the claim survives. If so, the court shall order the legal representative or heirs of the deceased to appear and be substituted. (Sec. 16, Rule 3) - The purpose of the substitution rule is to apprise the heir or substitute that they are being brought to the court\'s jurisdiction in lieu of the deceased party. (Heirs of Josefina Gabriel v. Cebrero) - Failure to comply with the substitution rules renders the court\'s proceedings null and void for lack of jurisdiction over the person of the legal representative or heirs. (Brioso v. Rili-Mariano) **Table: Comparison of Indispensable and Necessary Parties** **Indispensable Parties** **Necessary Parties** ------------------------------------------------- --------------------------------------------------------------- Must be joined under any and all conditions Should be joined whenever possible Court cannot proceed without them Court can proceed without them, but it is better to join them Failure to join results in lack of jurisdiction Failure to join does not prevent the court from proceeding **Causes of Action, Actions, and Parties** **Causes of Action** - A cause of action involves the existence of a right and a violation of that right. (Philippine Numismatic and Antiquarian Society v. Aquino) - The basic principle of relativity of contracts is that contracts can only bind the parties who entered into it. (Vda. de Rojales v. Dime) - There are exceptions to the rule that only parties to a contract can sue or be sued under it, such as stipulations pour autrui. (Art. 1311, Civil Code) **Actions** - Actions may be prosecuted or defended by representative parties, such as trustees, guardians, executors, or administrators. (Sec. 3, Rule 3) - In derivative suits, the corporation concerned must be impleaded, as it is the real party in interest. (Florete, Jr. v. Florete, Sr.) - Citizen suits may be filed by any Filipino citizen to enforce rights or obligations under environmental laws, even on behalf of unborn generations. (Sec. 5, Rule 2, Rules of Procedure for Environmental Cases) **Parties** - Parties may be joined in the alternative when the plaintiff is uncertain against whom they are entitled to relief. (Sec. 13, Rule 3) - The identity or name of an unknown defendant may be sued as the \"unknown owner, heir, devisee,\" etc. (Sec. 14, Rule 3) - The death of a party extinguishes the attorney-client relationship, and the counsel has a duty to inform the court of the death and provide the name and address of the legal representative. (Sec. 16, Rule 3) - Parties may be authorized to litigate as indigents if they have no sufficient money or property for their basic necessities. (Sec. 21, Rule 3) **Class Action Lawsuits** **Overview** Class action lawsuits are a type of legal proceeding where a group of people with the same or similar interests file a lawsuit as a collective. This allows them to combine their resources and present a unified case, rather than each individual having to file a separate lawsuit. (Introduction) **Key Characteristics of Class Action Lawsuits** - Each member of the class must have a distinct and separate interest that must be proven individually (Bar 1991 4) - The interests of the parties in the subject matter must be common or general, not conflicting (Ibanez v. Roman Catholic Church, 12 Phil. 227, 241) - A corporation cannot bring a class action lawsuit to recover property on behalf of its individual members (Sulong Bayan, Inc. v. Araneta, 72 SCRA 347, 356-377) - Class actions are not appropriate when each party has an interest only in the particular portion of land they occupy (Ortigas & Company Limited Partnership v. Ruiz, 148 SCRA 326, 339) - Class actions cannot be used to recover damages for personal reputation, as each individual\'s reputation is separate and distinct (Newsweek, Inc. v. Intermediate Appellate Court, 142 SCRA 171, 176-177) **Exceptions Where Class Actions Are Allowed** - Class actions are permitted when there is a common or general interest in the environment and natural resources (Oposa v. Factoran, 224 SCRA 792, 802-803) **Procedural Considerations** - A class action lawsuit cannot be dismissed or compromised without the approval of the court (Sec. 2, Rule 17, Rules of Court) - Class actions are distinct from representative suits, where the representative is not a real party in interest (Paje v. Casiño, G.R. No. 207257, February 3, 2015) **Examples of Successful Class Action Lawsuits** - Residents of various subdivisions instituted a class action against a developer for closing a public road that was used to access the South Luzon Expressway (Juana Complex I Homeowners Association, Inc. v. Fil-Estate Land, Inc., G.R. No. 152272, March 5, 2012) - Minors, represented by their parents, filed a class action to compel the government to cancel timber license agreements and cease approving new ones to preserve the country\'s natural resources (Oposa v. Factoran, 224 SCRA 792, 802-803) **Requirement** **Description** ---------------------------- --------------------------------------------------------------------------------------------------------------------------------- Common or General Interest The subject matter of the lawsuit must be of common or general interest to all members of the class, not just several or a few. Numerosity The parties must be so numerous that it becomes impractical or impossible to bring them all before the court individually. Adequacy of Representation The representative parties must fairly and adequately protect the interests of the entire class. **Pleadings and Motions** **General Principles on Pleadings** **Nature of Pleadings** - Pleadings are the formal statements by the parties of the operative facts which constitute their respective claims and defenses (Section 1, Rule 6, Rules of Court) - Pleadings are the written statements of the respective claims and defenses of the parties submitted to the court for appropriate judgment - There can be no oral pleadings in this jurisdiction (Section 1, Rule 6, Rules of Court) **Necessity and Purpose of Pleadings** 1. Pleadings are designed to develop and present the precise points in dispute between the parties. Their office is to inform the court and the parties of the facts in issue. 2. Pleadings are intended to secure a method by which the issues may be properly laid before the court (Santiago v. De los Santos, 61 SCRA 146, 150) 3. Pleadings supply the framework that guides the court in conducting the proceedings. The actions of the court primarily depend upon the parties\' allegations in their pleadings. **Construction of Pleadings** 1. Pleadings shall be liberally construed so as to do substantial justice (Concrete Aggregate Corporation v. Court of Appeals, 266 SCRA 88, 95) 2. A party is strictly bound by the allegations, statements or admissions made in their pleadings and cannot be permitted to take a contradictory position (Santiago v. De los Santos, 61 SCRA 146, 149) **Construction of Ambiguous Allegations in Pleadings** - Ambiguities in pleadings must be construed most strongly against the pleader, with no presumptions in their favor (61 Am Jur, Pleading, §57) **Pleadings Allowed by the Rules of Court** - The pleadings allowed are: (a) complaint; (b) answer; (c) counterclaim; (d) cross-claim; (e) third (fourth, etc.)-party complaint; (f) complaint-in-intervention; and (g) reply (Section 2, Rule 6, Rules of Court) - Under the 2019 Amendments, the filing of a reply is no longer allowed except if the defendant attaches an actionable document to the answer (Section 2, Rule 6, Rules of Court) **Pleadings Allowed under the Rules on Expedited Procedures in the First Level Courts** 1. In cases under the Rules on Summary Procedure, the only pleadings allowed are: (a) complaint; (b) compulsory counterclaim; (c) cross-claim; (d) answers; and (e) reply (Section 1\[A\], Rule II, Rules on Expedited Procedures in the First Level Courts) 2. Permissive counterclaim, third-party complaint, and pleading-in-intervention are prohibited (Section 2, Rule II, Rules on Expedited Procedures in the First Level Courts) **Pleadings in the Rule of Procedure for Small Claims Cases** 1. The pleadings are the Statement of Claim and the Response (Sections 6, 12, and 13, Rule of Procedure for Small Claims Cases) 2. Certain pleadings, motions, or petitions are not allowed in small claims cases (Section 16, Rule of Procedure for Small Claims Cases) **Pleadings not Allowed in a Petition for a Writ of Amparo or Habeas Data** - Certain pleadings and motions are not allowed in petitions for a writ of amparo or habeas data (Sections 11 and 13, The Rule on the Writ of Amparo and The Rule on Habeas Data) **Pleadings in the Rules of Procedure for Environmental Cases** 1. The pleadings that may be filed are the complaint and answer (Section 1, Rule 2, Part I, Rules of Procedure for Environmental Cases) 2. A pleading in intervention may also be filed in a citizen suit (Section 5, Rule 2, Rules of Procedure for Environmental Cases) **Nature of a Pleading; How Determined** 1. The nature of an action is determined by the allegations of the complaint or petition and the character of the relief sought, not its title (Sanchez v. People, G.R. No. 904589, November 19, 2014; Fong v. Dueñas, G.R. No. 185592, June 15, 2015) 2. The allegations and relief sought also determine the body or court which has jurisdiction over the action (Ching v. Subic Bay Golf and Country Club, Inc., G.R. No. 174353, September 10, 2014) 3. The 2019 Amendments now include the evidence on which the party pleading relies for their claim or defense in the determination of the nature of a pleading (Section 1, Rule 8, Rules of Court) **Parts of a Pleading** **Caption of the Pleading** - The caption contains the name of the court, title of the action, and docket number (Section 1, Rule 7, Rules of Court) **Title of the Action** - The title of the action contains the names of the parties indicated as plaintiff or defendant (Section 1, Rule 7, Rules of Court) **Body of the Pleading** 1. The body sets forth the designation, allegations of claims or defenses, relief prayed for, and date of the pleading (Section 2, Rule 7, Rules of Court) 2. The allegations shall be divided into numbered paragraphs for easy identification (Section 2, Rule 7, Rules of Court) **Headings; Designation of Causes of Actions Joined in One Complaint** - When two or more causes of action are joined, each shall be prefaced with the words \"first cause of action,\" \"second cause of action,\" etc. (Section 2, Rule 7, Rules of Court) **Allegations of Ultimate Facts** 1. Pleadings must allege ultimate facts, not conclusions (Lim v. Gamosa, G.R. No. 193964, December 2, 2015) 2. The 2019 Amendments require the pleading to contain a methodical and logical form, plain, concise and direct statement of the ultimate facts, including the evidence on which the party pleading relies (Section 1, Rule 8, Rules of Court) **Relief** 1. The complaint must contain a statement of the relief sought from the court (Section 2(c), Rule 7, Rules of Court) 2. The court cannot grant relief not prayed for in the pleadings or in excess of that being sought (Philippine Airlines, Inc. v. Philippine Airlines Employees Savings and Loan Association, Inc., G.R. No. 201073, February 10, 2016) 3. The inclusion of a \"general prayer for such further or other relief as may be deemed just or equitable\" may justify the grant of a remedy different from or together with the specific remedy sought (Prince Transport, Inc. v. Garcia, 639 SCRA 312, 330) **Contents of Pleadings** 1. Every pleading shall state the names of witnesses, summary of their intended testimonies, and documentary and object evidence in support of the allegations (Section 6, Rule 7, Rules of Court) 2. This is a mandatory requirement under the 2019 Amendments (Section 6, Rule 7, Rules of Court) **Signature and Address** 1. Every pleading must be signed by the party or counsel representing them (Section 3, Rule 7, Rules of Court) 2. Failure to sign a pleading may result in sanctions (Section 3, Rule 7, Rules of Court) **Verification in a Pleading** 1. Pleadings need not be under oath or verified, except in certain cases (Section 4, Rule 7, Rules of Court) 2. Verification must be based on personal knowledge or authentic documents, not on \"information and belief\" (Section 4, Rule 7, Rules of Court) 3. Lack of proper verification shall be treated as an unsigned pleading (Section 4, Rule 7, Rules of Court) **Certification Against Forum Shopping** 1. The certification against forum shopping is a sworn statement that the plaintiff has not commenced any other action involving the same issues (Section 5, Rule 7, Rules of Court) 2. The certification must be signed by the plaintiff or principal party, not their counsel (Section 5, Rule 7, Rules of Court) 3. Failure to comply with the certification requirement is a ground for dismissal of the case (Section 5, Rule 7, Rules of Court) **Allegations in Pleadings** **Allegations of Conditions Precedent** 1. Compliance with conditions precedent must be alleged in the pleading (Section 9, Rule 8, Rules of Court) 2. Failure to comply with a condition precedent is an affirmative defense that must be raised in the answer (Section 12, Rule 6, Rules of Court) **Pleading a Judgment** - In pleading a judgment or decision, it is sufficient to aver the judgment or decision (Section 6, Rule 8, Rules of Court) **Pleading an Official Document or Act** - In pleading an official document or act, it is sufficient to aver that it was issued or done in compliance with law (Section 9, Rule 8, Rules of Court) **Pleading Capacity to Sue or Be Sued** - Facts showing the capacity of a party to sue or be sued must be averred in the pleading (Section 4, Rule 8, Rules of Court) **Pleading Fraud, Mistake or Condition of the Mind** 1. Circumstances constituting fraud or mistake must be stated with particularity (Section 5, Rule 8, Rules of Court) 2. Malice, intent, knowledge or other conditions of the mind may be averred generally (Section 5, Rule 8, Rules of Court) **Pleading Alternative Causes of Actions or Defenses** 1. A party may set forth alternative or hypothetical claims or defenses (Section 2, Rule 8, Rules of Court) 2. This avoids the need to choose one cause of action and allows the plaintiff to plead multiple theories of liability (La Mallorca v. Court of Appeals, 17 SCRA 739) **Pleading Alternative Causes of Action** **Description** This section discusses the concept of pleading alternative causes of action in civil procedure. It covers the following key points: - Pleading alternative causes of action can lead to inconsistent claims (e.g., a contract-based claim vs. a quasi-delict claim) - However, the rules allow for alternative causes of action as long as the allegations within each cause of action are consistent with that cause of action - The rules do not require that all alternative causes of action be sufficient, as long as one of them would be sufficient on its own **Key Points** - Pleading alternative causes of action can lead to inconsistent claims (Section 4) - Rules allow for alternative causes of action as long as allegations are consistent within each (Section 5) - Only need one sufficient alternative cause of action, not all (Section 5) - Rules also allow for alternative defenses (Section 6) **Pleading Actionable Documents** **Description** This section discusses the concept of \"actionable documents\" in civil procedure, which are documents that form the basis of a party\'s claim or defense. It covers the following key points: - A substantial number of cases involve actionable documents as the basis for a claim or defense - When an actionable document is the basis of a pleading, the rules require the pleader to either set forth the substance of the document and attach it, or set forth a copy of the document - This requirement applies only to actionable documents, not other types of documents **Key Points** - Actionable documents are documents that form the basis of a claim or defense (Section 1) - Rules require pleader to set forth substance and attach or include copy of actionable document (Section 2) - This requirement applies only to actionable documents, not other types of documents (Section 2) **Contesting Actionable Documents** **Description** This section discusses how a party can contest the genuineness and due execution of an actionable document that has been properly pleaded by the opposing party. It covers the following key points: - To contest the genuineness and due execution of an actionable document, the party must specifically deny these elements under oath - A mere specific denial without an oath is insufficient, and will result in an implied admission of the document\'s genuineness and due execution - There are some exceptions where the oath requirement does not apply **Key Points** - Must specifically deny genuineness and due execution of actionable document under oath to contest it (Section 1) - Mere specific denial without oath results in implied admission (Section 2) - Exceptions where oath not required (Section 3) - When adverse party not a party to the instrument - When party refuses to comply with order for inspection of original **Filing and Service of Pleadings, Judgments and Other Papers** **Description** This section covers the rules and requirements for filing and serving pleadings, judgments, orders, and other court submissions in civil cases. Key points include: - The different modes of filing (personal submission, registered mail, accredited courier, electronic transmission) - The different modes of service (personal, registered mail, substituted service, electronic means) - Proof required to demonstrate proper filing and service - Presumptions and timing related to service **Key Points** **Filing** - Modes of filing: personal, registered mail, accredited courier, electronic transmission (Section 1) - Proof of filing depends on mode used (Sections 2-5) **Service** - Modes of service: personal, registered mail, substituted service, electronic means (Sections 6-9) - Service on counsel vs. party (Section 1) - Proof of service depends on mode used (Section 17) - Presumptive service for hearing notices (Section 10) **Kinds of Pleadings** **Description** This section covers the different types of pleadings in civil procedure, with a focus on the complaint. **Key Points** **Complaint** - The complaint is the pleading that alleges the plaintiff\'s cause(s) of action (Section 1) - Filing the complaint is the act of submitting it to the court (Section 1) - Proper modes of filing the complaint include personal submission, registered mail, accredited courier, and electronic transmission (Section 1) **Table: Modes of Filing a Complaint** **Mode** **Description** ------------------------- ------------------------------------------------------------ Personal Submission Presenting the original copy to the clerk of court Registered Mail Depositing in the post office in a sealed envelope Accredited Courier Submitting through an accredited courier service Electronic Transmission Transmitting by email or other authorized electronic means **Kinds of Pleadings** **Complaint** **Meaning of Complaint** - The complaint is the pleading alleging the plaintiff\'s or claiming party\'s cause or causes of action (Section 3, Rule 6, Rules of Court, as amended by A.M. No. 19-10-20-SC). **Filing of the Complaint; Significance** 1. The filing of the complaint is the act of submitting the said complaint to the court (Section 2, Rule 13, Rules of Court, as amended by A.M. No. 19-10-20-SC). - The original must be presented personally to the clerk of court, sent by registered mail, sent by accredited courier, or transmitted by electronic mail or other electronic means as authorized by the court (Section 3, Rule 13, Rules of Court, as amended by A.M. No. 19-10-20-SC). 2. The filing of the original complaint in court signifies the commencement of the civil action (Section 5, Rule 1, Rules of Court, as amended by A.M. No. 19-10-20-SC). 3. The filing of the complaint also gives the court jurisdiction over the person of the plaintiff. Submission to the court\'s jurisdiction is implied from the filing of the complaint where affirmative relief is prayed for. 4. The filing of the complaint interrupts the prescription of actions pursuant to Article 1155 of the Civil Code of the Philippines. **Payment of Docket Fees and Acquisition of Jurisdiction** 1. It is not just the filing of the complaint, but the payment of the prescribed docket fee, that vests a trial court with jurisdiction over the subject matter or nature of the action (Proton Pilipinas Corporation v. Banque National de Paris, 460 SCRA 260, 276). 2. The court acquires jurisdiction over the case only upon the payment of the prescribed docket fees (7107 Islands Publishing, Inc. v. The House Printers Corporation, G.R. No. 193420, October 14, 2015). 3. The rule on payment of docket fee has, in some instances, been made subject to the rule on liberal interpretation. The non-payment of the docket fee at the time of filing does not automatically cause the dismissal of the case, as long as the fee is paid within the applicable prescriptive or reglementary period (Philippine Amusement and Gaming Corporation (PAGCOR) v. Lopez, 474 SCRA 76, 92; Sun Insurance Office, Ltd. v. Asuncion, 170 SCRA 274, 285). 4. If the amount of docket fees is insufficient considering the amount of the claim, the party filing the case will be required to pay the deficiency, but jurisdiction is not automatically lost (Rivera v. Del Rosario, 419 SCRA 626, 635). 5. The case of The Heirs of Reinoso, Sr. v. Court of Appeals, 654 SCRA 1, 9-10, clearly summarizes the rule on the payment of docket fees: - Payment in full of the docket fees within the prescribed period is mandatory (Pedrosa v. Hill, 327 Phil. 153, 158 (1996)). - The court acquires jurisdiction over any case only upon the payment of the prescribed docket fee. - The strict application of this rule was, however, relaxed two (2) years after in the case of Sun Insurance Office, Ltd. v. Asuncion (252 Phil. 280 \[1989\]) where the Court decreed that where the initiatory pleading is not accompanied by the payment of the docket fee, the court may allow payment of the fee within a reasonable period of time, but in no case beyond the applicable prescriptive or reglementary period. - This ruling was made on the premise that the plaintiff had demonstrated his willingness to abide by the rules by paying the additional docket fees required. - In the more recent case of United Overseas Bank v. Ros (G.R. No. 171532, August 7, 2007, 529 SCRA 334, 353), the Court explained that where the party does not deliberately intend to defraud the court in payment of docket fees, and manifests its willingness to abide by the rules by paying additional docket fees when required by the court, the liberal doctrine enunciated in Sun Insurance Office, Ltd., and not the strict regulations set in Manchester, will apply. **Answer** **Nature of an Answer** 1. The answer is a pleading in which a defending party sets forth his or her defenses (Section 4, Rule 6, Rules of Court, as amended by A.M. No. 19-10-20-SC). 2. The answer may be an answer to the complaint, counterclaim, or a cross-claim. There is no answer to a reply, but there could be an answer to a third-party complaint or complaint-in-intervention. **Kinds of Defenses in the Answer** 1. Defenses in the answer may be negative or affirmative. 2. A negative defense is a specific denial of the material facts alleged in the pleading of the claimant essential to his or her cause of action or defense (Section 5(a), Rule 6, Rules of Court, as amended by A.M. No. 19-10-20-SC). 3. An affirmative defense is one that alleges new matters which, while hypothetically admitting the allegations in the pleading of the claimant, would nevertheless prevent or bar recovery by the claiming party (Section 5(b), Rule 6, Rules of Court, as amended by A.M. No. 19-10-20-SC). - Examples of affirmative defenses include fraud, statute of limitations, release, payment, illegality, statute of frauds, estoppel, former recovery, discharge in bankruptcy, and any other matter by way of confession and avoidance. - Affirmative defenses may also include grounds for the dismissal of a complaint, specifically, that the court has no jurisdiction over the subject matter, that there is another action pending between the same parties for the same cause, or that the action is barred by a prior judgment (Section 5(b), Rule 6, Rules of Court, as amended by A.M. No. 19-10-20-SC). 4. The defendant shall raise his or her affirmative defenses in his or her answer, which shall be limited to the reasons set forth under Section 5(b), Rule 6, and the following grounds:a. That the court has no jurisdiction over the person of the defending party;b. That the venue is improperly laid;c. That the plaintiff has no legal capacity to sue;d. That the pleading asserting the claim states no cause of action; ande. That a condition precedent for filing the claim has not been complied with (Section 12, Rule 8, Rules of Court, as amended by A.M. No. 19-10-20-SC). 5. Failure to raise the affirmative defenses at the earliest opportunity shall constitute a waiver thereof. 6. The court shall motu proprio resolve the above affirmative defenses within 30 calendar days from the filing of the answer (Section 12, Rule 8, Rules of Court, as amended by A.M. No. 19-10-20-SC). **Effect of Absence of a Specific Denial** 1. Material averments in a pleading asserting a claim or claims not specifically denied shall be deemed admitted, except averments as to the amount of unliquidated damages (Section 11, Rule 8, Rules of Court, as amended by A.M. No. 19-10-20-SC; Fernando Medical Enterprises, Inc. v. Wesleyan University Philippines, Inc., G.R. No. 207970, January 20, 2016). 2. If the allegations are deemed admitted, there is no more triable issue between the parties, and if the admissions appear in the answer of the defendant, the plaintiff may file a motion for judgment on the pleadings pursuant to Rule 34. **Purpose of a Specific Denial** 1. The specific denial of the material allegations in the complaint creates the issues in civil litigation. These issues are to be proved, and every evidence in a case is directed to them. 2. The purpose of requiring the defendant to make a specific denial is to make him disclose the matters alleged in the complaint which he intends to disprove at the trial, together with the matter which he relied upon to support the denial (Philippine Bank of Communications v. Go, 642 SCRA 693, 707, February 14, 2011, citing Aquintey v. Tibong, 511 SCRA 414, 432). **Kinds of Specific Denials** 1. There are three types of specific denials mentioned in Section 10 of Rule 8 of the Rules of Court:a. The defendant specifies each material allegation of fact the truth of which he does not admit and, whenever practicable, sets forth the substance of the matters upon which he relies to support his denial (an absolute denial).b. The defendant does not make a total denial of the material allegations in a specific paragraph, but denies only a part of the averment (a partial denial).c. The defendant alleges having no knowledge or information sufficient to form a belief as to the truth of the allegations of the other party (a denial by disavowal of knowledge). **Negative Pregnant** 1. A negative pregnant is a negative implying also an affirmative and which, although stated in a negative form, really admits the allegations to which it relates. 2. Examples of negative pregnant:a. \"I had never borrowed money from the plaintiff from 2011 to 2013\" may imply that the pleader had borrowed money at some other time.b. \"Defendant specifically denies that Plaintiff extended loan to Defendant in the amount of P500,000 in Baguio City\" may be an admission that a loan was extended, but denying the place or amount.c. \"Defendant denies vigorously that he used or brandished an assault rifle against the plaintiffs\" may be an admission of intimidation, but denying the use of an assault rifle. **When a Specific Denial Must Be Coupled with an Oath** 1. In a denial of an actionable document, the specific denial must be made under oath. A mere specific denial is not sufficient. 2. If the pleader has an actionable document, under the Rules, the substance of such note shall be set forth in the pleading and the original or copy thereof attached to the pleading as an exhibit. 3. If the adverse party desires to deny the genuineness and due execution of the actionable document, he must specifically deny the genuineness and due execution of the document and set forth what he claims to be the facts, and make the denial under oath. **Matters Not Deemed Admitted by the Failure to Make a Specific Denial** 1. The following are not deemed admitted by the failure to make a specific denial:a. Amount of unliquidated damagesb. Conclusions in a pleadingc. Non-material averments or allegations **Affirmative Defenses** 1. An affirmative defense is one that alleges new matters which, while hypothetically admitting the allegations in the pleading of the claimant, would nevertheless prevent or bar recovery by the claiming party. 2. Affirmative defenses include fraud, statute of limitations, release, payment, illegality, statute of frauds, estoppel, former recovery, discharge in bankruptcy, and any other matter by way of confession and avoidance. 3. Affirmative defenses may also include grounds for the dismissal of a complaint, specifically, that the court has no jurisdiction over the subject matter, that there is another action pending between the same parties for the same cause, or that the action is barred by a prior judgment. 4. The defendant shall raise his or her affirmative defenses in his or her answer, which shall be limited to the reasons set forth under Section 5(b), Rule 6, and the following grounds:a. That the court has no jurisdiction over the person of the defending party;b. That the venue is improperly laid;c. That the plaintiff has no legal capacity to sue;d. That the pleading asserting the claim states no cause of action; ande. That a condition precedent for filing the claim has not been complied with. 5. Failure to raise the affirmative defenses at the earliest opportunity shall constitute a waiver thereof. 6. The court shall motu proprio resolve the above affirmative defenses within 30 calendar days from the filing of the answer. 7. Affirmative defenses, if denied, shall not be the subject of a motion for reconsideration or petition for certiorari, prohibition or mandamus, but may be among the matters to be raised on appeal after a judgment on the merits. **Periods to File an Answer to a Complaint** 1. The defendant shall file his or her answer to the complaint within 30 calendar days after service of summons, unless a different period is fixed by the court (Section 1, Rule 11, Rules of Court, as amended by A.M. No. 19-10-20-SC). 2. Where the defendant is a private foreign juridical entity and service of summons is made on the government official designated by law to receive the same, the answer shall be filed within 60 calendar days after receipt of summons by such entity (Section 2, Rule 11, Rules of Court, as amended by A.M. No. 19-10-20-SC). 3. A supplemental complaint may be answered within 20 calendar days from notice of the order admitting the same, unless a different period is fixed by the court (Section 7, Rule 11, Rules of Court, as amended by A.M. No. 19-10-20-SC). 4. A defendant may, for meritorious reasons, be granted an additional period of not more than 30 calendar days to file an answer. A defendant is only allowed to file one (1) motion for extension of time to file an answer (Section 11, Rule 11, Rules of Court, as amended by A.M. No. 19-10-20-SC). **Default** **Nature of Default** 1. Default is a procedural concept that occurs when the defending party fails to file his answer within the reglementary period. A declaration or order of default is issued as a punishment for unnecessary delay in joining issues (Vlason Enterprises Corp. v. Court of Appeals, G.R. Nos. 121662-64, July 6, 1999). 2. The rule on default clearly establishes the \"failure to answer within the time allowed therefor\" as the ground for a declaration of default (Section 3, Rule 9, Rules of Court, as amended by A.M. No. 19-10-20-SC). **Requisites Before a Defending Party May Be Declared in Default** 1. The court has validly acquired jurisdiction over the person of the defending party, either by service of summons or voluntary appearance. 2. The claiming party must file a motion to declare the defending party in default. 3. The claiming party must prove that the defending party has failed to answer within the period provided by the Rules of Court. 4. The defending party must be notified of the motion to declare him in default. 5. There must be a hearing of the motion to declare the defending party in default. **No Motu Proprio Declaration of Default** 1. The trial court cannot, motu proprio, declare a defendant in default, as the rule leaves it up to the claiming party to protect his or its interests. **Effect of a Declaration/Order of Default** 1. The party declared in default loses his standing in court. He forfeits his rights as a party litigant, has no right to present evidence supporting his allegations, to control the proceedings or cross-examine witnesses. 2. A party in default shall be entitled to notices of subsequent proceedings but shall not take part in the trial. 3. A declaration of default is not tantamount to an admission of the truth or the validity of the plaintiff\'s claims (Monarch Insurance v. Court of Appeals, 333 SCRA 71, 93; Vlason Enterprises Corp. v. Court of Appeals, 310 SCRA 26, 64). 4. The mere fact that the defendant was not able to answer the complaint does not automatically mean that the trial court will render a judgment in favor of the plaintiff. The trial court must still determine whether the plaintiff is entitled to the reliefs prayed for (Villongco v. Yabut, G.R. No. 225022, February 5, 2018). **Effect of Partial Default** 1. When a pleading asserts a claim against several defending parties and some file and serve their answers but the others do not, the court shall try the case against all the defending parties based on the answers filed and render judgment upon the evidence presented where the claim states a common cause of action against them (Section 3(c), Rule 9, Rules of Court, as amended by A.M. No. 19-10-20-SC). **Action of the Court After the Declaration/Order of Default** 1. When a party is declared in default, the court may either:a. Proceed to render judgment granting the claimant such relief as his pleading may warrant; orb. Require the claimant to submit evidence ex parte. 2. The choice of which action to take is a matter of judicial discretion (Section 3, Rule 9, Rules of Court, as amended by A.M. No. 19-10-20-SC). **Admission of Answer Filed Out of Time** 1. It is within the soun **Compulsory vs. Permissive Counterclaims** **Description** This set of notes covers the key distinctions between compulsory and permissive counterclaims in civil procedure. It provides an overview of the legal requirements, jurisdictional considerations, and procedural differences between these two types of counterclaims. **Key Points** **Compulsory Counterclaims** - **Definition**: A compulsory counterclaim is a claim that a party must include in their answer, as it arises out of the same transaction or occurrence as the opposing party\'s claim. (Section 8, Rule 11) - **Timing**: A compulsory counterclaim must be contained in the answer, or it will be barred. (Section 2, Rule 9) - **Jurisdiction**: The court automatically has jurisdiction over a compulsory counterclaim, and the counterclaimant does not need to pay docket fees or file a certificate against forum shopping. (Alba v. Malapajo) - **Answering**: Failure to answer a compulsory counterclaim is not grounds for a default judgment, as the issues are deemed automatically joined by the allegations in the complaint. (Gojo v. Goyala) **Permissive Counterclaims** - **Definition**: A permissive counterclaim is a claim that a party may choose to bring independently, as it does not arise out of the same transaction or occurrence as the opposing party\'s claim. - **Timing**: A permissive counterclaim is not subject to the requirement to be included in the answer, and may be brought as a separate action. (Sy-Vargas v. The Estate of Ogsos, Jr.) - **Jurisdiction**: For the court to have jurisdiction over a permissive counterclaim, the counterclaimant must pay the required docket fees and file a certificate against forum shopping. (La Tondena Distillers, Inc. v. Court of Appeals) - **Answering**: Failure to answer a permissive counterclaim may result in a default judgment against the party. (Sarmiento v. Juan) **Distinctions Summary** **Characteristic** **Compulsory Counterclaim** **Permissive Counterclaim** -------------------- ---------------------------------------------- ---------------------------------------------------------------------------------- Timing Must be included in the answer May be brought as a separate action Jurisdiction Court has automatic jurisdiction Counterclaimant must pay docket fees and file certificate against forum shopping Answering Failure to answer does not result in default Failure to answer may result in default **Omitted and After-Acquired Counterclaims** - **Omitted Counterclaims**: A compulsory counterclaim that was omitted due to oversight, inadvertence, or excusable neglect may be set up by amendment before judgment. A permissive counterclaim will not be barred if not initially set up. (Section 10, Rule 11) - **After-Acquired Counterclaims**: A counterclaim that matures or is acquired after the answer may be presented by supplemental pleading with the court\'s permission. (Section 9, Rule 11) **Dismissal of Complaint and Counterclaim** - **Three Situations**: There are three key situations involving the dismissal of a complaint and the effect on an already-pleaded counterclaim. (Virginia S. Dio v. Subic Bay Marine Exploratorium, Inc.) 1. Dismissal of complaint after defendant pleads affirmative defenses and counterclaim: The counterclaim may remain for independent adjudication. 2. Dismissal of complaint at plaintiff\'s request after defendant pleads answer with counterclaim: The dismissal is without prejudice to the defendant\'s right to prosecute the counterclaim in a separate action. 3. Dismissal of complaint through plaintiff\'s fault when counterclaim is already set up: The dismissal is also without prejudice to the defendant\'s right to prosecute the counterclaim. - **Defendant\'s Options**: If the defendant has pleaded a counterclaim prior to the plaintiff\'s motion to dismiss, the defendant may either prosecute the counterclaim in a separate action or have it resolved in the same action by manifesting their preference within 15 calendar days of notice. (Section 2, Rule 17) **Civil Procedure: Pleadings and Motions** **Cross-Claim** **Nature of a Cross-Claim** - A cross-claim is any claim by one party against a co-party arising out of the transaction or occurrence that is the subject matter either of the original action or a counterclaim therein. (Section 8, Rule 6) - A cross-claim is asserted by a defending party against a co-defending party so that the latter may be held liable for the claim which the claimant seeks to recover from the cross-claimant. (Bar 1997) - A cross-claim that a party has at the time the answer is filed shall be contained in said answer. A cross-claim that is not set up shall be barred. (Section 2, Rule 9) - However, a cross-claim that matures or is acquired after service of the answer may, by permission of the court, be presented by supplemental pleading before judgment. (Section 9, Rule 11) - A cross-claim cannot be set up for the first time on appeal. (Loadmasters Customs Services, Inc. v. Grobel Brokerage Corporation) **Distinctions Between a Counterclaim and a Cross-Claim (Bar 1999)** 1. A cross-claim is a claim against a co-party; a counterclaim is a claim against an opposing party. 2. A cross-claim must arise from the transaction or occurrence that is the subject matter of the original complaint or counterclaim. A counterclaim may or may not arise out of the subject matter of the complaint. **Setting Up a Cross-Claim Arising After the Answer** - A cross-claim which either matured or was acquired by a party after serving his or her pleading may, with the permission of the court, be presented as a cross-claim by supplemental pleading before judgment. (Section 9, Rule 11) **Setting Up an Omitted Cross-Claim** - When a pleader fails to set up a cross-claim through oversight, inadvertence or excusable neglect, or when justice requires, he or she may, by leave of court, set up the cross-claim by amendment before judgment. (Section 10, Rule 11) **Period to Answer a Cross-Claim** - A cross-claim must be answered within 20 calendar days from service. (Section 4, Rule 11) **Third (Fourth, etc.)-Party Complaint** **Nature of a Third-Party Complaint** - A third-party complaint is a claim which a defending party may, with leave of court, file against a person who is not yet a party to the action for contribution, indemnity, subrogation or any other relief, in respect of his opponent\'s claim. (Section 11, Rule 6) - The third, (fourth, etc.)-party complaint shall be denied admission, and the court shall require the defendant to institute a separate action, where: - The third, (fourth, etc.)-party defendant cannot be located within 30 calendar days from the grant of such leave; - Matters extraneous to the issue in the principal case are raised; or - The effect would be to introduce a new and separate controversy into the action. (Section 11, Rule 6) **Requisites for a Third-Party Action** a\) The party to be impleaded must not yet be a party to the action;b) The claim against the third-party defendant must belong to the original defendant;c) The claim of the original defendant against the third-party defendant must be based upon the plaintiff\'s claim against the original defendant; andd) The defendant is attempting to transfer to the third-party defendant the liability asserted against him by the original plaintiff. (Philtranco Service Enterprises, Inc. v. Paras) **Leave of Court** - The filing of a third-party complaint requires leave of court and, hence, its admission is subject to judicial discretion. (Section 11, Rule 6) **Answer to a Third-Party Complaint** - The time to answer a third-party complaint shall be governed by the same rule as the answer to the complaint, hence, within 30 calendar days from service of summons. (Sections 1 and 5, Rule 11) **Intervention** **Nature of Intervention (Bar 2011)** - Intervention is a remedy by which a third party, not originally impleaded in the proceedings, becomes a litigant therein to enable him, her or it to protect or preserve a right or interest which may be affected by such proceedings. (Mactan-Cebu International Airport Authority v. Heirs of Miñoza) - Intervention is never an independent proceeding but ancillary and supplemental to an existing litigation and in subordination to the main proceeding. (Saw v. Court of Appeals) **Requisites for Intervention (Bar 2000)** 1. The person must have a legal interest in the matter in litigation, or in the success of either of the parties, or an interest against both, or is so situated as to be adversely affected by a distribution or other disposition of property in the custody of the court or of an officer thereof. (Section 1, Rule 19) 2. The court shall consider whether or not the intervention will unduly delay or prejudice the adjudication of the rights of the original parties, and whether or not the intervenor\'s rights may be fully protected in a separate proceeding. (Section 1, Rule 19) **Meaning of Legal Interest** - The interest must be of a direct and immediate character so that the intervenor will either gain or lose by the direct legal operation of the judgment. The interest must be actual and material, a concern which is more than mere curiosity, or academic or sentimental desire. (Mactan-Cebu International Airport Authority v. Heirs of Miñoza) - A corporate stockholder cannot, merely on the basis of being a stockholder, have a legal right to intervene in cases involving corporate assets. (Magsaysay-Labrador v. Court of Appeals) **Procedure for Intervention** 1. The motion and pleading shall be served upon the original parties. 2. The intervenor shall file a motion for intervention attaching thereto his pleading-in-intervention. (Section 3, Rule 19) 3. The answer to the complaint-in-intervention shall be filed within 15 days from notice of the order admitting the same, unless a different period is fixed by the court. (Section 4, Rule 19) **Time for Intervention** - The motion to intervene may be filed at any time before rendition of judgment by the trial court. (Section 2, Rule 19) **Reply** **Nature of a Reply** - A reply is a pleading, the function of which is to deny, or allege facts in denial or avoidance of new matters alleged in, or relating to, an actionable document attached to the answer. (Section 10, Rule 6) - A reply is the responsive pleading to an answer with an attached actionable document. It is not a responsive pleading to a counterclaim or a cross-claim. (Section 10, Rule 6) **Filing of Reply, Not Mandatory** - The filing of a reply to the answer is not mandatory, and the failure to file such reply will not have an adverse effect on the plaintiff. All new matters alleged in the answer are deemed controverted or denied. (Section 10, Rule 6) **When Filing of Reply is Advisable** - When the defense in the answer is based upon a written instrument or document, said instrument is considered an actionable document. Hence, the plaintiff has to file a reply under oath if he desires to deny specifically the genuineness and due execution of the actionable document, and avoid an admission of such matters. (Section 8, Rule 8) **Period to File a Reply** - A reply, if allowed under Section 10, Rule 6, may be filed within 15 calendar days from service of the pleading responded to. (Section 6, Rule 11) **Amendment of Pleadings** **How Pleadings are Amended; Reason for Allowing Amendment** 1. Pleadings may be amended by: (1) adding or striking out an allegation; (2) adding or striking out the name of any party; (3) correcting a mistake in the name of a party; (4) correcting a mistaken or inadequate allegation; or (5) correcting a mistaken or inadequate description in any other respect. (Section 1, Rule 10) 2. Amendments are allowed so that the actual merits of the controversy may be speedily determined without regard to technicalities, and in the most expeditious and inexpensive manner. (Section 1, Rule 10) **Amendment as a Matter of Right** - A party has the right to amend his pleading as a matter of right, so long as the pleading is amended only once and before a responsive pleading is served. (Section 2, Rule 10) - The right to amend a pleading as a matter of right may be exercised only once. (Section 2, Rule 10) **Amendment by Leave of Court** - Leave of court is required for an amendment made after service of a responsive pleading. (Section 3, Rule 10) - Substantial amendments may be made only upon leave of court. However, such leave may be refused if it appears to the court that the motion was made with intent to delay or confer jurisdiction on the court, or the pleading stated no cause of action from the beginning which could be amended. (Section 3, Rule 10) **Amendment to Cure a Failure to State a Cause of Action** - A complaint that fails to state a cause of action cannot be cured by evidence presented during the trial. The complaint must have a cause of action at the time it was filed. (Swagman Hotels and Travel, Inc. v. Court of Appeals) **Amendment to Conform to the Evidence** - When issues not raised by the pleadings are tried with the express or implied consent of the parties, they shall be treated in all respects as if they had been raised in the pleadings. No amendment of such pleadings deemed amended is necessary to cause them to conform to the evidence. (Section 5, Rule 10) **Effect of the Amendment on the Original Pleading** - When a pleading is amended, the original pleading is deemed to have been abandoned. The original ceases to perform any further function as a pleading. The case stands for trial on the amended pleading only. (Ascano-Cupino v. Pacific Reinsurance Corporation) **Effect of the Amendment on Admissions Made in the Original Pleading** - Admissions in superseded pleadings may be received in evidence against the pleader as extrajudicial admissions. (Section 8, Rule 10) **Summons After Complaint is Amended; When Required and When Not Required** - If the defendant has already appeared before the trial court by virtue of a summons in the original complaint, the amended complaint may be served upon them without need of another summons, even if new causes of action are alleged. (Vlason Enterprises Corp. v. Court of Appeals) **Supplemental Pleadings** - A supplemental pleading is one which sets forth transactions, occurrences, or events which have happened since the date of the pleading sought to be supplemented. (Section 6, Rule 10) - The filing of supplemental pleadings requires leave of court. (Section 6, Rule 10) - When the cause of action in the supplemental complaint is different from the cause of action mentioned in the original complaint, the court should not admit the supplemental complaint. (Asset Privatization Trust v. Court of Appeals) **Table: Distinctions Between a Counterclaim and a Cross-Claim** **Characteristic** **Counterclaim** **Cross-Claim** -------------------------------- ----------------------------------------------------------------- -------------------------------------------------------------------------------------------------------------------- Party Involved Claim against an opposing party Claim against a co-party Relation to Original Complaint May or may not arise out of the subject matter of the complaint Must arise from the transaction or occurrence that is the subject matter of the original complaint or counterclaim **Pleadings and Motions** **Pleadings as Answers** - The complaint shall serve as the answer to the supplemental complaint if no new or supplemental answer is filed. (Section 1, Rule 15, Rules of Court) **Motions in Civil Cases** **Definition of a Motion** - A motion is an application for relief other than by a pleading. (Section 1, Rule 15, Rules of Court) **Form of Motions** 1. All motions shall be in writing, except: - Motions made in open court - Motions made in the course of a hearing or trial 2. Motions made in open court or during a hearing/trial should be resolved immediately, after the adverse party is given a chance to argue their opposition. 3. The rules that apply to pleadings also apply to written motions (e.g., caption, designation, signature, etc.). (Section 10, Rule 15, Rules of Court) **Contents of a Motion** - Motions must contain: 1. A statement of the relief sought 2. The grounds upon which the motion is based 3. Supporting affidavits and other papers (if required by the Rules or necessary to prove facts) (Section 3, Rule 15, Rules of Court) - If the motion is based on facts not appearing on the record, the court may set it for hearing or require the submission of affidavits, depositions, or oral testimony to resolve the motion. **Non-Litigious Motions** 1. Motions the court may act upon without prejudicing the rights of adverse parties, such as: - Motion for issuance of alias summons - Motion for extension to file answer - Motion for postponement - Motion for issuance of a writ of execution, alias writ of execution, or writ of possession - Motion for issuance of an order directing the sheriff to execute the final certificate of sale 2. These motions shall not be set for hearing and shall be resolved by the court within 5 calendar days from receipt. (Section 4, Rule 15, Rules of Court) 3. The motion for extension to file an answer must be availed of only once; a second motion becomes litigious. **Litigious Motions** 1. Litigious motions include: - Motion for bill of particulars - Motion to dismiss - Motion for new trial - Motion for reconsideration - Motion for execution pending appeal - Motion to amend after a responsive pleading has been filed - Motion to cancel statutory lien - Motion for an order to break in or for a writ of demolition - Motion for intervention - Motion for judgment on the pleadings - Motion for summary judgment - Demurrer to evidence - Motion to declare defendant in default - Other similar motions (Section 5\[a\], Rule 15, Rules of Court) 2. All litigious motions shall be served by personal service, accredited private courier, registered mail, or electronic means to ensure receipt by the other party. (Section 5\[b\], Rule 15, Rules of Court) 3. The opposing party shall file their opposition to a litigious motion within 5 calendar days from receipt. No other submissions shall be considered by the court in resolving the motion. (Section 5\[c\], Rule 15, Rules of Court) 4. The court shall resolve litigious motions within 15 calendar days from receipt of the opposition or the expiration of the period to file such opposition. **Notice of Hearing on Litigious Motions** - The court may, at its discretion, call a hearing on a litigious motion if deemed necessary for its resolution. The notice of hearing shall be addressed to all parties and specify the time and date of the hearing. (Section 6, Rule 15, Rules of Court) **Proof of Service** - Proof of service of the motion is required. No written motion shall be acted upon by the court without proof of service. (Section 7, Rule 15, Rules of Court) **Motion Day** - All litigated motions shall be scheduled for hearing on Friday afternoons, or the next working day if Friday is a non-working holiday. This rule does not apply to motions requiring immediate action. (Section 8, Rule 15, Rules of Court) **Motion for Leave to File a Motion** - A motion for leave to file a motion shall be accompanied by the motion sought to be admitted. The same rule applies to pleadings. (Section 10, Rule 15, Rules of Court) **The Omnibus Motion Rule** - The omnibus motion rule requires that a motion attacking a pleading, judgment, order, or proceeding include all grounds then available, and all objections not so included shall be deemed waived. (Section 9, Rule 15, Rules of Court; Capablanca v. Heirs of Pedro Bas, G.R. No. 224144, June 28, 2017) - Exceptions to the waiver rule are the objections mentioned in Section 1 of Rule 9 (lack of jurisdiction, litispendentia, res judicata, and prescription). **Prohibited Motions under 2019 Amendments to the 1997 Rules of Civil Procedure** 1. The following motions shall not be allowed: - Motion to dismiss, except on the grounds of lack of jurisdiction, another pending action, or a prior judgment or prescription - Motion to hear affirmative defenses - Motion for reconsideration of the court\'s action on affirmative defenses - Motion to suspend proceedings without a TRO or injunction from a higher court - Motion for extension of time to file pleadings, affidavits, or other papers, except for a motion for extension to file an answer - Motion for postponement intended for delay, except if based on acts of God, force majeure, or physical inability of a witness to appear (Section 12, Rule 15, Rules of Court) 2. A motion for postponement must be accompanied by the original official receipt for the postponement fee. 3. The 2 grounds barred by a prior judgment are res judicata and prescription. 4. If an affirmative defense is raised in an answer, the court will resolve it right away unless the court deems a summary hearing necessary. **Prohibited Motions under the Rules on Expedited Procedures in the First Level Courts** The following motions shall not be allowed: 1. Motion to dismiss the complaint/statement of claim or to quash a criminal complaint/information (except for lack of jurisdiction or failure to comply with barangay conciliation) 2. Motion to hear and/or resolve affirmative defenses 3. Motion for a bill of particulars 4. Motion for new trial 5. Motion for reconsideration of a judgment on the merits 6. Motion for reopening of proceedings 7. Motion for extension of time to file pleadings, affidavits, or other papers 8. Motion to declare the defendant in default 9. Dilatory motions for postponement 10. Motion for and Complaint in Intervention 11. Motion to admit late judicial affidavit/s, position papers, or other evidence (except for force majeure or acts of God) 12. Motion for judicial determination of probable cause in criminal cases (Section 2, Rule II, Rules on Expedited Procedures in the First Level Courts) **Prohibited Motions under the Rules on the Writs of Amparo and Habeas Data** The following motions are prohibited: 1. Motion to dismiss 2. Motion for extension of time to file opposition, affidavit, position paper, and other pleadings 3. Dilatory motion for postponement 4. Motion for a bill of particulars 5. Motion to declare respondent in default 6. Motion for reconsideration of interlocutory orders or interim relief orders (Section 11, The Rules on the Writ of Amparo; Section 13, The Rules on the Writ of Habeas Data) **Prohibited Motions under the Rules of Procedure for Small Claims Cases** The following motions shall not be allowed: 1. Motion to dismiss the complaint 2. Motion for a bill of particulars 3. Motion for new trial 4. Motion for reconsideration of a judgment 5. Motion for reopening of trial 6. Motion for extension of time to file pleadings, affidavits, or any other paper 7. Motion to declare the defendant in default 8. Dilatory motions for postponements (Section 16, Rules of Procedure for Small Claims Cases) **Prohibited Motions under the Rules of Procedure for Environmental Cases** The following motions are prohibited: 1. Motion to dismiss the complaint 2. Motion for a bill of particulars 3. Motion for extension of time to file pleadings, except to file an answer (not to exceed 15 days) 4. Motion to declare the defendant in default (Section 2, Rule 2, Part II, Rules of Procedure for Environmental Cases) **Prohibited Motions** **Rules** ------------------------------------------------------------------------------------------------- ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ Motion to dismiss, except on limited grounds 2019 Amendments to the 1997 Rules of Civil Procedure, Rules on Expedited Procedures in the First Level Courts, Rules of Procedure for Small Claims Cases, Rules of Procedure for Environmental Cases Motion to hear affirmative defenses 2019 Amendments to the 1997 Rules of Civil Procedure Motion for reconsideration of the court\'s action on affirmative defenses 2019 Amendments to the 1997 Rules of Civil Procedure Motion to suspend proceedings without a TRO or injunction from a higher court 2019 Amendments to the 1997 Rules of Civil Procedure Motion for extension of time to file pleadings, affidavits, or other papers (except for answer) 2019 Amendments to the 1997 Rules of Civil Procedure, Rules on Expedited Procedures in the First Level Courts, Rules of Procedure for Small Claims Cases Dilatory motions for postponement 2019 Amendments to the 1997 Rules of Civil Procedure, Rules on Expedited Procedures in the First Level Courts, Rules of Procedure for Small Claims Cases Motion for a bill of particulars Rules on Expedited Procedures in the First Level Courts, Rules of Procedure for Small Claims Cases, Rules of Procedure for Environmental Cases Motion for new trial Rules on Expedited Procedures in the First Level Courts, Rules of Procedure for Small Claims Cases Motion for reconsideration of a judgment Rules on Expedited Procedures in the First Level Courts, Rules of Procedure for Small Claims Cases Motion for reopening of proceedings Rules on Expedited Procedures in the First Level Courts, Rules of Procedure for Small Claims Cases Motion to declare the defendant in default Rules on Expedited Procedures in the First Level Courts, Rules of Procedure for Small Claims Cases, Rules of Procedure for Environmental Cases Motion to dismiss Rules on the Writs of Amparo and Habeas Data Motion for extension of time to file opposition, affidavit, position paper, and other pleadings Rules on the Writs of Amparo and Habeas Data