memory aid in civpro_midterms

8/11/2019 Memory Aid in CIVPRO_Midterms

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ORIGINAL JURISDICTION:

SUPREME COURT:

1. Actions involving AMBASSADORS,PUBLIC MINISTERS, and CONSULS;

2. Over petitions for C, P, M,QW and HC;3. Petitions for W of Amparo;

4. Petitions for HD;5. Petitions for W of CM;6. Petitions for W of K.

CA:

1. Over petitions for C, P, M,QW and HC;2. Petitions for W of Amparo;3. Petitions for HD;4. Petitions for W of CM;5. Petitions for W of K;

6. Actions for Annulment of Judgment ofRTC;

7. Petitions for FREEZE ORDER under RA9160 (3J) as amended by RA 9194;

*Whether or not in aid of its appellatejurisdiction

RTC:

1. Actions involving AMBASSADORS,

PUBLIC MINISTERS, and CONSULS;2. Over petitions for C, P, M,QW and HC;3. Petitions for W of Amparo;4. Petitions for HD;5. Petitions for W of CM;

Shariah District:

1. Petitions by Muslims for the:a. Constitution of a Family Homeb. Change of Name

c.

Commitment of an insane personto an asylum2. All other personal or real actions not

mentioned in Par. 1D wherein all partiesare Muslims, EXCEPT those for FE andUD;

3. All SCA for interpleader or declaratoryrelief where all the parties are MuslimsOR the property involved belongs toMuslims.

EXCLUSIVE JURISDICTION:

EXCLUSIVE AND ORIGINAL JURISDICTION:

SC:

Over petitions for CPM against the judgment,final orders and resolutions of the:

1. CA2. Sandiganbayan3. CTA4. COMELEC5. COA6. Ombudsman in criminal cases

CA:

Over petition for CPM against:

1. Decisions, final orders and Resolutions ofRTC;

2. NLRC;(St. Martin Funeral Homes)3. DFOR of Sec. of Labor and Employment

over DFOR of the ff. offices:a. POEA Administrator, in exercise

of AJ function in case ofviolations of the LC and POEARules and Reg.;

b. Authorized representatives ofDOLE Sec brought on appeal incase of violation ofapprenticeship agreement whichhas become final and executory;

c. NWPC on appeal over WAGEORDER by the Regional WageTripartite Board;

d. DIRECT and INDIRECTCONTEMPT Cases decided byNLRC;

e. Decision of Sec. of Labor andEmployment on appeal in case ofDENIAL OF UNIONREGISTRATION by the RegionalDirector or BLR;

1. Decision of BLRon appeal overthe order ofCANCELLATION


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OF UNIONREGISTRATION;

f. Order of BLR on appeal overINTRA-LABOR DISPUTES.

4. Over actions for annulment of judgmentsof the RTC (R47)

SANDIGANBAYAN:

Over civil cases for forfeiture of illegally-acquired wealth under RA 1379

RTC: In CIVIL CASES

1. All civil actions in which the subject oflitigation is INCAPABLE of PECUNIARYESTIMATION;

2. All civil actions which involve title to, orpossession of real property, or any

interest therein, where assessed value ofprop. EXCEEDS P20K (Outside MM) or inMM, where such value EXCEEDS P50K;

3. All actions of ADMIRALTY andMARITIME Jurisdiction where demand/claim EXCEEDS P300K (OMM), or in MM,where the demand/claim EXCEEDSP400K;

4. Matters of PROBATE, testate or intestate,where the gross value of the estate

exceeds P300K OMM, or in MM, wheresuch gross value exceeds P400K;5. In all actions involving the contract of

marriage and marital relations (Subjectto FAMILY COURTS)

6. In all cases NOT WITHIN the exclusivejurisdiction of any court, tribunal,person, or body exercising judicial or QJfunctions;

7. In all civil actions and specialproceedings falling within the EOJ ofJUVENILE and DOMESTIC RELATIONSCourt and of the COURT OF AGRARIANRELATIONS as now provided by law;

8. All OTHER CASES which the DEMAND,exclusive of interest, damages ofwhatever kind, atto rneys fees, litigationexpenses and costs, or the VALUE of theproperty in controversy exceeds P300KOMM, or in MM exceeds P400K.

9. Cases involving INTRA-CORPORATECONTROVERSIES under S5.2 of SRC:

a. Cases involving DEVISES andSCHEMES employed by OR ACTSof BOD, business association, itsofficers or partnership,amounting to fraud ormisrepresentation which may bedetrimental to the interest of thepublic and/or of thestockholders, partners, membersof associations or organizationsregistered with the Commission;

b. Controversies arising out ofINTRA-CORPORATE orPARTNERSHIP RELATIONSbetween and amongstockholders, members orassociates; BETWEEN any or allof them AND the corporation,partnership, or association ofwhich they are stockholders,members or associatesrespectively; and between suchC/P/A and the State as itconcerns their individualfranchise or the right to exist assuch entity;

c. Controversies in the ELECTIONand APPOINTMENT of D, T, O ormembers of such C/P/A;

d. PETITIONS by such C/P/A to bedeclared in a STATE ofSUSPENSION OF PAYMENTS, inthe case where they havesufficient properties to cover alldebts but foresee theimpossibility of meeting all of

them as they fall due; or in casewhere they have no sufficientproperties to cover all liabilitiesbut are under the management ofa REHAB RECEIVER or a MGMTCOMMITTEE.

10. Over Petitions for Annulment of JDFO ofthe MeTC, MTC and MCTC ( S10 R47);


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11. Over civil cases for Infringement ofCopyright and Unfair Competition underthe IP Code;

12. As a FAMILY COURT, vested withexclusive jurisdiction over CHILD andFAMILY CASES:

a. Petitions for Guardianship,Custody of Children and HCinvolving children;

b. Petitions for ADOPTION ofchildren and the revocationthereof;

c. Complaints for annulment ofmarriage, the declaration of thenullity of marriage, and thoserelating to status and propertyrelations of H&W, or those livingtogether under different statusand agreements, and the petitionfor the dissolution of conjugalpartnership of gains;

d. Petition for support andacknowledgment thereof;

e. Summary judicial proceedingsbrought under the Family Code(EO 209);

f. Petitions for the declaration ofthe status of children as

abandoned, dependent orneglected children, for voluntaryof involuntary commitment ofchildren, for the suspension,termination or restoration ofparental authority, or other casesarising under the PD 603, EO 56,or other related laws;

g. Cases for domestic violence asdefined therein, but which do not

constitute criminal offensessubject to criminal prosecutionand penalties.

13. Petition for civil forfeiture of moneyinstrument, property or proceedsrepresenting, involving or relating to anunlawful activity or money launderingoffenses;

14. Petition QUESTIONING the existence,validity and enforceability of anarbitration agreement;

15. Petition for JUDICIAL RELIEF from theruling of an Arbitral Tribunal or apreliminary question upholding ordeclining jurisdiction;

16. Petition for Interim Measure ofProtection;

17. Petition for Appointment of Arbitrator;18. Petition Challenging the Appointment of

an Arbitrator;19. Petition to Terminate the Mandate of an

Arbitrator;20. Petition for Assistance in Taking of

Evidence;21. Petition for Protective Order;22. Petition for Confirmation,

correction/modification or vacation of aDomestic Arbitral Award;

23. Petition to Enforce, Recognize or Setaside an Arbitral award;

24. Petition to Recognize & Enforce aForeign Arbitral Award.

MeTC/MTC/MCTC:

1. EOJ over CIVIL ACTIONS AND PROBATEPROCEEDINGS, testate and intestate,including the GRANTING OFPROVISIONAL REMEDIES in propercases, where the value of the personalproperty, estate or amount of thedemand DOES NOT EXCEED P300KOMM, or in MM where such personalproperty, estate or demand does notexceed P400K;

Determination of such amountshall not include interest,

damages of whatever kind,attorneys fees, litigationexpenses and costs

But these are INCLUDED INDETERMINATION OF FILINGFEES

2. Over admiralty and maritime jurisdictioncases where the demand or claim does


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not exceed P300K OMM, or P400K inMM;

3. Over cases of FE and UD of lands andbuildings, regardless of value ofproperty;

a. When DEF raises question ofownership and possession cantbe determined without decidingissue of ownership, such issueshall be resolved to determineissue of ownership, but is merelyprovisional

b. Ejectment cases must be filedwithin 1 year lest it becomeACCION PUBLICIANA (OrdinaryCivil Action)

4. Over REAL ACTIONS involving title to, orpossession of real property or anyinterest therein, where assessed value ofproperty does not exceed P20K OMM, orin MM does not exceed P50K, exclusiveof interest, damages of whatever kind,attys fees, litigation expenses and costs.

5. Over cases covered by SUMMARYPROCEDURE:

a. FE and UD irrespective ofamount of damages or unpaidrentals sought to be recovered,

and regardless of value ofproperty

b. All OTHER cases, EXCEPTProbate proceedings, where thetotal amount of the Ps claimdoes not exceed P100K OMM, orP200K in MM, exclusive ofinterest and costs.

Small Claims Cases:

Actions before the MTC for payment of moneywhere the value of the claims does not exceedP100K exclusive of interest and cost

Shariah District Courts:

1. All cases involving custody,guardianship, legitimacy, paternity andfiliation arising under this Code;

2. All cases involving the disposition andsettlement of the ESTATE of DECEASEDMuslims, probate of wills, issuance ofletters administration or appointment ofadministrators and executors regardlessof the nature or the aggregate value ofthe property;

3. Petitions for the declaration of ABSENCEand DEATH and for CANCELLATION orCORRECTION of entries in the MuslimRegistries;

4. All actions arising from CUSTOMARYCONTRACTS in which the parties are

Muslims, IF they have not specifiedwhich law shall govern their relations;

5. All petitions for CPMIHC and otherauxiliary writ and processes in aid of itsappellate jurisdiction.

Shariah CIRCUIT Courts:

1. All civil actions and proceedingsbetween parties who are Muslims orhave been married in accordance with

Art. 13, involving disputes relating to :a. Marriage;b. Divorce recognized under this

Code;c. Betrothal or breach of contract of

marriage;d. Customary dower (mahr);e. Disposition and distribution of

property upon divorce;f. Maintenance and support, and

consolatory gifts (muta);g. Restitution of marital gifts.2. All cases involving disputes to communal

properties.


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SPECIAL JURISDICTION

RTC:

(S23,BP129) SC may designate certain branchesof the RTC to exclusively handle the followingcases:

a. Criminal cases;b. Juvenile and Domestic Relations

cases;c. Agrarian cases;d. Urban land reform cases not falling

within the jurisdiction of any judicialor QJ agencies;

e. Other cases which the SC maydetermine in the interest of speedyand efficient administration of justice

MTC Judges:

In the absence of RTC Judges in a province,

1. Hear petitions for writ of HC;2. Hear petition for bail in criminal cases.

APPELLATE JURISDICTION:

SC:

CA:

SANDIGANBAYAN:

CTA:

RTC:

Appellate jurisdiction over decisions and finalorders of the MeTC, MTC, and MCTC in theirrespective territorial jurisdiction (via Rule 40)

SHARIAH DISTRICT COURTS:

All cases tried in the Shariah Circuit Courtswithin their territorial jurisdiction

DELEGATED JURISDICTION:

MTC:

1. Cadastral/land registration cases on lotswith no controversy or opposition;

2. Cadastral/land registration casescovering lots where the value does notexceed P100K

Value:i. a. affidavit of claimant

ii. By agreement ofrespective claimants ifmore than one

iii. Tax declaration Remedy: Similar to appeals of

RTC to CA via Rule 41

SMALL CLAIMS:

Courts of limited jurisdiction that hear civilcases between party litigants

Purpose: To provide an inexpensive andexpeditious means to settle disputes over smallclaims

Scope: Actions before the MTC for payment ofmoney where the value of the claims does notexceed P100K exclusive of interest and cost

Applicability: Actions which are:

1. Purely civil in nature where the claim orrelief sought by plaintiff is SOLELY FORPAYMENT OR REIMBURSEMENT OFSUM OF MONEY; and

2. Civil aspect of criminal action, orreserved upon the filing of the criminalaction in court, pursuant to Rule 111 ofCriminal Procedure.

3. Claims may be:a. For money owed under:

i. Contract of Leaseii. Contract of Loan

iii. Contract of Servicesiv. Contract of Salev. Contract of Mortgage

b. For damages arising from any ofthe following:

i. Fault or Negligenceii. Quasi-Contract


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iii. Contractc. Enforcement of a barangay

amicable or an arbitration awardinvolving a money claimpursuant to Sec. 417 of the LGC

Prohibited Pleadings:

1. MTD except on the ground of Lack ofjurisdiction;

2. Motion for a bill of particulars;3. Motion for New Trial, or for

reconsideration of a judgment, or forreopening of trial;

4. Petition for relief of judgment;5. Motion for extension of time to file

pleadings, affidavits, or any other paper;6. Memoranda;7. Petition for CPM against any

interlocutory order issued by the court;8. Motion to declare the defendant in

default;9. Dilatory motions for postponement;10. Reply;11. 3 rd Party Complaints;12. Interventions

SMALL CLAIMS FLOWCHART:

1.

Filing the STATEMENT OF CLAIM ( FormI-SCC)a. Must be duly accomplished and

verifiedb. Must be filed in duplicatec. May join in a single SOC one or

more separate small claimsprovided the total amount doesnot exceed 100K, exclusive ofinterest and costs.

2. Payment of Docket Fees and other legalfees unless allowed to file as indigent

3. SOC must be accompanied byCertification of Non-Forum Shopping (Form I-A SCC)

4. If claim is based on actionable document:include 2 duly-certified photocopies

5. Also attach affidavits/ evidences tosupport claim

a. Evidence/ affidavit notsubmitted together with Claimshall not be allowed duringhearing, except upon showing ofgood cause

6. Court examines allegations in the claimon the day the SOC is received

a. May dismiss the case outrightbased on any ground fordismissal of civil action

b. Judge required to determine ifcase falls within definition ofSmall Claims

i. Must involve pure moneyclaim which does notexceed 100K

ii. If principal claim exceeds100K, must have a waiverof the excess embodied inSOC

iii. If BP22 Case: may onlyentertain the civil aspectif no complaint filed w/Office of Prosecutor. Thismust be stated in SOCand there must beexpress waiver of suchcriminal action in the

V&CofNFSc. If not a small claim, but still

within jurisdiction of 1 st LevelCourts, will NOT BE DISMISSED,but declare which proceduregoverns it (Summary/ Regular)

i. Will be re-docketed butno re-assignmentnecessary to preventforfeiture of filing fees

d.

Submission of Certificate to FileAction from the barangay is pre-requisite in Small Claims coveredby the barangay justice system

7. Issuance of SUMMONS (Form 2-SCC) andNOTICE OF HEARING (Form 4-SCC)

a. Notice contains warning that nounjustified postponement shallbe allowed


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b. Also express prohibition againstthe filing of MTD or any othermotion under Sec. 14 of Rule onSmall Claims Cases

8. Defendant files a VERIFIED RESPONSEa. Serve the same on the plaintiff

within 10 days from receipt ofsummons

b. Response accompanied bycertified photocopies ofdocuments, affidavits ofwitnesses and other evidence

c. If at the time of commencement,defendant may file counter-claimagainst plaintiff, provided it is:

i. Within coverage of thisRule, exclusive ofinterests and costs;

ii. Arises out of the sametransaction/event that issubject matter ofplaintiffs claim;

iii. Does not require for itsadjudication the joinderof 3 rd parties;

iv. Not the subject ofanother pending action

v. If not filed, barred from

suit on the counterclaimd. Defendant may also file a

counterclaim that does not ariseout of the same transaction thatis subject matter of the claimprovided:

i. Amount and nature ofCounterclaim withincoverage of Rule;

ii. Prescribed docket fees &

legal fees are paid.9. If Defendant fails to file Response withinperiod AND:

a. Fails to appear on hearing: Courtshall render judgment on thesame day, as may be warrantedby facts.

b. Appears on hearing: Court shallascertain what defense he has tooffer and proceed to

mediate/adjudicate on the sameday, as if a Response has beenfiled.

10. Hearinga. Parties appear personallyb. XPN: If valid cause is shown, a

representative must not be alawyer and must berelated/next-of-kin

c. Juridical entities shall not berepresented by a lawyer in anycapacity

d. Representatives must beauthorized under SPA (Form 5-SCC) which authorizes him to:

i. Enter into amicablesettlement

ii. Enter intostipulations/admissionsof facts and ofdocumentary exhibits

e. Request for postponement maybe granted only upon proof of thephysical inability of the party toappear. Only 1 postponementmay be availed by a party.

11. Non-Appearance at Hearing:a. Plaintiff fails:

i. cause of dismissal ofclaim WITHOUTprejudice

ii. Defendant who appearsshall be entitled tojudgment on aPERMISSIVECounterclaim

b. Defendant fails:i. Same effect as failure to

file a Responseii. Will not apply if some ofthe defendants appear

c. Failure of both:i. Dismissal on both claim

and counterclaim WITHprejudice

12. Appearance of Attorneysa. No attorney allowed to appear

unless he is a party


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b. Inability of party to properlypresent his claim/defense not anexcuse

13. Judicial Dispute Resolution Proceedingsa. Judge exerts all efforts to bring

parties to amicably settleb. Settlement (F7-SCC) or

Resolution (F8-SCC)shall bereduced to writing, signed andsubmitted to court for approval(F12-SCC)

c. If Settlement fails:i. Hearing shall proceed

and terminated within 1day.

14. Decision (F13-SCC)a. Entered by clerk in the court

docket for civil cases and copyserved to parties

b. Final and not appealable15. Execution

a. If in favour of plaintiff: judgmentexecuted upon motion using F9-SCC

CIVIL CASES SUBJECT TO SUMMARYPROCEDURE:

1. All cases of FORCIBLE ENTRY andUNLAWFUL DETAINER irrespective ofthe amount of damages or unpaid rentalssought to be recovered;

2. ALL OTHER CASES, EXCEPT PROBATEPROCEEDINGS, where the TOTALAMOUNT of the plaintiffs claim does notexceed P100K OMM or does not exceedP200K MM , exclusive of interests andcosts.

Pleadings Allowed:

1. Complaint2. Compulsory counterclaim, pleaded in the

answer3. Cross-claim, pleaded in the answer4. Answer to these pleadings

Prohibited Pleadings and Motions:

1. MTD except on 2 grounds:

a. Failure to comply with bgy.Conciliation proceedings

b. Lack of jurisdiction over thesubject matter

2. Motion for Bill of Particulars3. Motion for new trial/ Motion for

reconsideration of judgment/ Motion forreopening of trial

4. Petition for relief from judgment5. Motion for extension of time to file

pleadings, affidavits, and other papers6. Memoranda7. Petition for certiorari, mandamus or

prohibition against an interlocutoryorder of the court

8. Motion to declare the defendant indefault

9. Dilatory motions for postponement10. Reply11. 3 rd Party complaints12. Interventions

In Summary Procedure, no hearing is conducted.Instead the parties are requested to submit theirrespective position papers.

SUMMARY PROCEDURE FLOWCHART:

1. Filing of the COMPLAINT and PAYMENT

of Docket Fees2. Determination by the Judge if the Case is

Summary in nature If not: Dismissal ofthe Case

3. Issuance and Service of SUMMONS4. Defendant shall file ANSWER within 10

DAYS from service of Summons5. If Defendant FAILS TO ANSWER WITHIN

10 DAYS from service of summons: CourtMOTU PROPIO/ Upon MOTION of

plaintiff RENDER JUDGMENT6. PRELIMINARY CONFERENCE not laterthan 30 days after the LAST ANSWER isfiled.

a. Failure of P to appear: cause fordismissal of his complaint

b. If D appears and P does not: he isentitled to judgment on hiscounterclaim


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c. If D fails to appear: P entitled tojudgment in accordance with Sec.6 of Rules on SummaryProcedure

i. Not applied where one Dappears of the 2 or moreDs are sued under acommon COA andpleaded a commondefense.

7. RECORD OF PRELIMINARYCONFERENCE: Within 5 days after thetermination of the prelim conference,COURT shall ISSUE ORDER stating thematters to be taken up.

8. SUBMISSION OF AFFIDAVITS of theirWITNESSES and POSITION PAPERSsetting forth the law and facts reliedupon by the parties: Within 10 days fromreceipt of order

a. Affidavits: Only FACTS OFDIRECT PERSONALKNOWLEDGE of the affiants ;

b. Violation: may be subjected todisciplinary action and causesuch portion to be expungedfrom the record

9. RENDITION OF JUDGMENT: Within 30

DAYS after receipt of last affidavit andposition papers, OR the expiration of theperiod for filing the same

10. APPEAL TO RTC by NOTICE OF APPEALwithin 15 DAYS: Decision of RTC shall beimmediately executory, withoutprejudice to a further appeal

11. PFR from RTC to CA WITHIN 15 DAYSunder R42

12. PRF on CERTIORARI to SC within 15

DAYS under R4513. EXECUTION under R39

________________________________________________________

BASIC CONCEPTS IN PLEADINGS:

S1, Rule 6: Pleadings are the WRITTENSTATEMENTS of theRESPECTIVE CLAIMS &DEFENSES of the parties

submitted to the court forjudgment.

Pleadings Allowed:

1. Complaint2. Counterclaim3. Crossclaim

4. 3 rd /4 th Party Complaint5. Complaint in- intervention

Kinds of Pleading:

1. Initiatory Pleading- COMMENCES anaction containing plaintiffs cause ofaction

a) Needs to be verifiedb) Should contain a Verification on Non-

Forum Shopping

c) TYPES:a. Original Complaintb. Permissive Complaintc. Cross-claimd. 3 rd Party Complainte. 4 th Party Complaintf. Complaint in Interventiong. Petitions (including Special

Actions & Special Proceedings)h. Statement of Claims (Small

Claims)2. Responsive Pleading- Responds to theadverse partys pleading

GR:Need not be verified,o XPN: those required to be

verified under ROC andthe law;

Need not contain Verificationunless with Counter or Cross.

TYPES:a. Answer to Orig. Complaintb. Answer to Permissive Counterc. Answer to Crossd. Answer to 3 rd Party Complainte. Answer to Amended Pleadingf. Reply to all Answersg. Compulsory Counterh. Response in a Small Claims Case


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Complaint : is the pleading alleging theplaintiffs cause or causes of action.The names and residences of theplaintiff and defendant must bestated in the complaint.

Complaint must contain:

o Names & residences of theplaintiff and defendant

o Acts/omissions constituting thecause/s of action

o Relief prayed for.o Only ultimate facts and not legal

conclusions or evidentiary facts.

Counterclaim (Sec. 6, R6): Any claim, whicha defending party may have againstan opposing party. It partakes of acomplaint by the defendant againstthe plaintiff.

It is in itself a distinct and independentcause of action and when filed, there aretwo simultaneous actions between thesame parties ( Pro-Line Sports Center v.CA)

Not intrinsically a part of the answerbecause it is a separate pleading, but

may be included in the answer as amatter of form. Inclusion does not havethe effect of fusing the 2 separatepleadings into one.

Not uncommon to denominate these 2pleadings as: Answer With aCounterclaim.

Nature of Counterclaim considered anew suit in which the P is the Defendant,while the D becomes the plaintiff.

Criteria in Determining Nature ofCounterclaim:

a. Are the issues of fact or lawraised by the claim and thecounterclaim largely the same?

b. Would res judicata bar asubsequent suit on defendantsclaim, absent the compulsorycounterclaim rule?

c. Will substantially the sameevidence support/refuteplaintiffs claims as well as thedefendants counterclaim?

d. Is there any logical relationbetween the claim and thecounterclaim?

A positive answer to all= Compulsorycounterclaim

Compulsory Counterclaim: One of which,being cognizable by the regular courts ofjustice, arises out of or is connected withthe transaction or occurrenceconstituting the subject matter of theclaim, and does not require for itsadjudication, the presence of the 3 rd parties of whom the court cannot

acquire jurisdiction. Suchcounterclaim must be within thejurisdiction of the court as to the amountor nature thereof, except that in anoriginal action before the RTC, thecounterclaim may be consideredcompulsory regardless of the amount.

Employs the Principle of Recoupment

Permissive Counterclaim: A claim, which

being cognizable by the regular courts ofjustice, which DOES NOT arise out of oris connected with the transaction oroccurrence constituting the subjectmatter of the opposing partys claim , andREQUIRES for its adjudication thepresence of 3 rd parties of whom the courtcan acquire jurisdiction.

Employs the Principle of Set-off

COMPULSORY PERMISSIVEArises out of/connected withtransaction or occurrenceconstituting subject matter ofoppos ing partys claim

Does not arise/ notconnected

Barred if not setup in answer orin amended answer

Not barred even if not setupin answer

Plaintiff need not answer, willnot be held in default

Plaintiff must answer, may beheld in default

Does not require certification onforum shopping

Being initiatory, requirescertification, lack of which isfatal.


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Counter-Counterclaim (Sec.9, R6): A claimby the defending party against the counter-claimant.

A claim may be asserted against an originalcountercl aimant.

Cross-Claim (Sec. 8, R6): is any claim by

one party against a CO-PARTY arisingout of the transaction or occurrence thatis the subject matter either of theoriginal action or of a counterclaimtherein. Such cross-claims may include aclaim that the party against whom it isasserted is or may be liable to the cross-claimant for all or a part of a claimasserted in the action against the cross-claimant.

Claims covered: May include a claim that theparty against whom it is asserted to ormay be liable to the cross-claimant for allor part of a claim asserted against thecross-claimant.

Counter Cross-claim: Claim by a DEFENDINGPARTY against the original cross-claimant.

Rules on Bringing New Parties (Sec. 12, R6):When the presence of parties other thanthe original parties is required for thegranting of complete relief in thedetermination of a counterclaim or across-claim, the court shall order them tobe brought in as defendants, ifjurisdiction over them can be obtained.

Third/ Fourth Party Complaint (Sec. 11, R6): A claim that a defending party may, with

leave of court, file against a person not aparty to the action, called the 3 rd / 4 th party defendant, for contribution,indemnity, subrogation, or any otherrelief, in respect of his opponents claim.

o Need not be based on mainclaims theory

o No need for legal relationshipbetween 3 rd party defendant &any other party in the action.

Nature: It simply permits the inclusionof anyone who meets the standard setforth in the rule.

o Secondary/ derivative liability isessential, proper only when rightof relief exists under theapplicable substantive law.

o Must not be a part to the action.If party, then file a Counter orCross.

o Must be based upon plaintiffsclaim against defendant.

Crucial characteristic : Defendant isattempting to transfer liability to a 3 rd party defendant the liability assertedagainst him by original plaintiff.

PLEADINGS ALLOWED UNDER SUMMARYPROCEDURE:

1. Complaint2. Compulsory counterclaim pleaded in the

answer3. Cross-claims pleaded in the answer

Prohibited:

1. Petition for Certiorari, Prohibition, orMandamus against any interlocutoryorder issued by the court;

2. Reply;3. 3 rd Party Complaints;4. Interventions

PLEADINGS ALLOWED UNDER SMALLCLAIMS:

1. Statement of Claim2. Response3. Permissive Counterclaim4. Compulsory Counterclaim

Prohibited:

1. Petition for Certiorari, Prohibition, orMandamus against any interlocutoryorder issued by the court;


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2. Reply;3. 3 rd Party Complaints;4. Interventions

PLEADINGS ALLOWED IN ENVIRONMENTALCASES:

1. Complaint

2. Compulsory counterclaim pleaded inanswer

3. Answer

Motions Allowed:

1. M for Intervention2. M for Discovery3. M for Reconsideration of Judgment4. M for Postponement of Trial

Petition for Relief from Judgment

- Only allowed in highly meritoriouscases

Prohibited:

1. M to Dismiss the Complaint2. M for Bill of Particulars3. M for Extension of Time to File

Pleadings (except if to File Answer-must not exceed 15 days)

4. M to Declare Defendant in Default

5. Reply and Rejoinder6. 3 rd Party Complaint

PLEADINGS NOT ALLOWED IN A PETITIONFOR WRIT OF AMPARO & HABEAS DATA:

1. Counterclaim2. Cross-claim3. 3 rd Party Complaint

4.

Reply5. Pleadings in intervention

PLEADINGS ALLOWED IN INTERPLEADERS(As to Answers & other Pleadings, Sec. 5, R62)

1. Counterclaims2. Cross-claims3. 3 rd Party Complaints

4. Responsive Pleadings

Counterclaims and Cross-claims NOT ALLOWED in Expropriation Proceedings (Sec. 3 [2], R67)

1. Counterclaims2. Cross-claims

3. 3 rd Party Complaint

Complaint-in-Intervention: Pleading filed withleave of court by a person who has alegal interest in the matter of litigation,or against either or all of the originalparties, or is so situated as to beadversely affected by a distribution orother disposition of property in thecustody of the court or of an officerthereof.

Answer (Sec. 4, R6): A pleading in which adefending party sets forth his defense.

Reply (Sec.10, R6): Is a pleading, the office orfunction of which is to deny, or allegefacts in denial or avoidance of newmatters alleged by way of defense in theanswer and thereby join or make as tosuch new matters.

Effect if party fails to file a reply: Allnew matters alleged in the answer aredeemed controverted.

Answer to 3 rd /4 th Party Complaint(Sec.13,R6): A 3 rd / 4 th Party defendantmay allege in his answer the following:

a) His defenses;b) Counterclaims or;c) Cross-claims;

d) Defenses that the 3 rd / 4 th party plaintiffm ay have against the original plaintiffsclaim. In proper cases, he may also asserta counterclaim against the originalplaintiff in respect of the latters claimagainst the 3 rd party plaintiff.

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