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$.unTBe},u @ollege of 1LuftREMEDIAL LAW

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Civil ProcedureSpecial Civil ActionsSpecial ProceedingsCriminal Procedure

EvidenceSpecial Laws

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It is that part of thelaw which creates,defines orregulates rightsconcerning life,liberty or property orthe powers ofagencies orinstrumentalities forthe administration ofpublic affairs.

It refers to thelegislation providingmeans or methodswhereby causes ofaction may beeflbctuated, wrongsredressed and reliefobfarned (also knownas ADJEGTIVE LAW),

It makes vestedrights possible.

It has NO vested rights.

It is prospective inapplication.

It governs acts andtransactions which tookplace (Retroactive).

It cannot be enactedby the SupremeCourt.

The Supreme Court isexpressly empoweredto promulgateorocedural rules.

Judicial Power includes the duty of the courtsof justice to settle actual controversiesinvolving rights, which are legally demandableand enforceable, and to determine whether ornot there has been grave abuse of 'discretionamounting to lack or excess of jurisdiction onthe part of any branch or instrumentality o{ theGovernment (Section 1, Article Vlll, 1987Constitution).The power of judicial review is the SupremeCourt's POWER TO DECLARE a law, treaty,international or executive agreement,presidential decree, proclamation, order,instruction, ordinance, or regulationUNCONSTITUTIONAL.

Jurisdiction (Latin: 'juris" and'dico" -

I speakof the law) is the power and authority of acourt to try, hear, and decide a case and tocarry its judgments into effect.

accurate because only jurisdiction over thesubject mafter is confened by substantivelaw. Jurisdiction over the parties, issuesand res is governed by procedural laws.

REQUTSITES FOR THE VALID EXERCISEOF JURISDICTION

3. That it must have jurisdiction over thepersons of the Parties.

4. That it must have iurisdiction oversubiect mafter ol lhe controversY.

E.a.

the

in theJurisdiction the subject matter is

defendanto The statement that 'Jurisdiction is activelY I stages oftheconfened bv substantive /aw" is NOT

EXECUTIVE COMMITTEE:EZEKIEL JOSHUA'VILLENA oveiall chairperson, MINISTER MOISES DU chairperson for academics, DJOANIVIE JOMARE JUNASAchairperson for hotel operations, MARIE MICAELA 5TA. ANA vice

REMEDIAL LAWINTRODUCTION

6.

pro@edings before the trial court andinvoked its authority by asking for anaffirmative relief (Soliven vs.Fastforms, lnc. G.R. No. 139031, Oct.18,2004).r Jurisdiction is governed by the law

at the time the action isCOMMENCED.

That it must haye jurisdiction over the res(thing or property under litigation).r lt is acquired either by the seizure of

the properg under legal process or asa result of the institution of legalproceedings, in which the power of thecourt is recognized and madeeffective.

That it must have jurisdiction over thercsues as raised in the pleadings or bytheir agreement in a pre-trial order orthose tried by the implied consent of theparties.

Where there is an exercise of jurisdictionin the absence of jurisdiction, the courtwould be commifting an error ofjurisdiction.Where on the other hand, the court actedwith jurisdiction but coqnmitted proceduralerrors or errors in the appreciation of thefacts or of the taw, the error would be amere error of judgment, not ofjurisdiction.

CLASSIFICATION OF JU RISDICTION1. As to CASES Tried:o GENERAL jurisdiction

- Exercised

over all kinds of cases, excepf those

2

withheld from the plenary powers ofthe court.

r LIMITED jurisdiction -

Exercised overand extends only to particular orspecified cases.

As to NATURE of the Cause:. ORIGINAL jurisdiction

- Exercised by

courts in the first instance.o APPELLATE jurisdiction

- Exercised

by a superior court to review anddecide cases previously decided by alower court now elevated for judicialreview.

As to Nature and Extent of EXERGISE:o EXCLUSIVE jurisdiction

- Confined to

a particular court to the exclusion ofother courts.

. CONCURRENT jurisdictionPertaining to different courts over thesame subject matter at the same timeand place. When two or more courtshave concurrent jurisdiction over acase, the court which has first validlyacquired jurisdiction takes it to theexclusion of the others (also referredto as confluent or coordinatejurisdiction).

As to SITUS:r TERRITORIAL jurisdiction

- Exercised

within the limits of the place where thecourt is located.

r EXTRA-TERRITORIAL jurisdiction -

Exercised beyond the confines of theterritory where the court is located.

COURTS OF LAW vs. COURTS OF EQUITYA COURT OF LAW decides a case accordingto what the promulgated law is while a COURTOF EOUI

4.

Pertains to the authorityto hear and decidecases.

Any act of the courtpursuant to suchauthority including thedecision and itsconsequences.

One where the court,officer or quasi-judicialbody acts wiihout or inexcess of jurisdiction, orwith grave abuse ofdiscretion.

One that the court maycommit in the exercr.se of

errors of procedure ormistakes in the court's

It renders a judgmentvoid or at least voidable.

Such an error does notmake the court's decisionvoid.

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Cannot be abolishedby Congress withoutamending theConstitution.

May be abolished byCongress by justsiniply repealing thelawwhich createdthose courts.Ex. The Gourt of TaxAppeals

SUPERIOR COURT vs. INFERIOR COURTSUPERIOR COURTS refer to those courtswhich have the power of review or supervisionover another lower court while INFERIORCOURTS are those which, in relation toanother are lower in rank and subject to reviewand supervision of the latter.

COURTS OF RECORDThose whose proceedings are enrolled andwhich are bound to keep a wriften record of alltrials and proceqdings handled by lhem. R.A.No. 6031 mandates all Municipal Trial Courtsto be courts of record.

POLICY OF JUDICIAL HIERARCHYThis policy means that a higher court will notentertain direct resort to it unless the redressdesired cannot be obtained in the appropriatecourts.

While it is true that the SC, CA, and the RTChave concurrent original jurisdiction to issuewrits of Certiorari, Prohibition and Mandamus,such concurrence does not accord litigantsunrestrained freedom of choice of the court towhich the application for the writ may bedirected. The application should be filed withthe court of lower level unless the importanceof the issue involved deserves the action ofthe couft of higher level.

DOCTRINE OF JUDICIAL STABILITY ORNON INTERFERENCEGeneral Rule: No court has the authority tointerfere by injunction with the judgment ofanother court of coordinate jurisdiction or topass upon or scrutinize and much less declareas unjust a judgment of another court(lndustrial Enterprises lnc. vs. CA, G.R. Na.88550, Aprit 18, 1990).

Exception: The doctrine of judicial stabilitydoes not apply where a third pafty claimant isinvolved (Sanfos vs. Bayhon, G.R. No. 88643,July 23, 1991).

DOCTRINE OFJURISDICTION

ADHERENCE TO(Also Known As Continuity of Jurisdiction)Once jurisdiction has been acquired, the courtretains it untilthe final termination of the case.

General Rule: Law enacted during thependency of a case which transfers jurisdictionto another court does not affect cases prior toits enactment.Exceptions:1. When the new law EXPRESSLY

PROVIDES for a retroactive application;2. When the change of jurisdiction is

CURATIVE in character.

EXCLUSIONARY PRINCIPLEThe court first acquiring jurisdiction excludesall others.

DOCTRINE OF PRIMARY JURISDICTIONUnder this doctrine, courts will not resolve acontroversy involving a question which iswithin the jurisdiction of an administrativetribunal, especially where the questiondemands the exercise of sound administrativediscretion requiring the special knowledge andexperience of said tribunal in determiningtechnical and intricate matters of fact (Villaflorvs. CA, G.R. No. 95694, Oct. 8, 1997).

DOCTRINE OF ANCILLARY JURISDICTIONIt involves the inherent or implied powers ofthe court to determine issues incidental to theexercise of its primary jurisdiction.

Under its aneillary jurisdiction, a court maydetermine all questions relative to the mattersbrought before it, regulate the manner in whicha trial shall be conducted, determine the hoursat which the witnesses and lawyers may be

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REMEDIAL LAWJURISDICTION

EXCLUSIVE

.

ORIGINAL

Note: Theadjustedjurisdictionalamount is basedon Sec. 5 of R.A.7691, this yearbeing the 2nd 5-year periodmentioned therein.

1. Actions involving personal property,whose value does NOT exceedP300,000 or in Metro Manila theamount does NOT exceed P400,000;

2. Demand for money NOT exceedingP300,@0 or in Metro Manila NOTexceeding P400,000;

Note: Exclusive of lnterest, Samagesof whatever kind, gttorney's fees,litigation gxpenses, and gostsflDALEC), the amount of which mustbe specifically alleged but the filing feesthereon shall be paid,

. The exclusion of the term"damages of whatever kind"applies to cases where thedamages are merely incidental toor a consequence of the maincause of action. However, in caseswhere the claim for damages isthe main cause of action, or one ofthe causes of action, the amountof such claim shall be consideredin determining the jurisdiction ofthe court;

3. Probate proceedings (testate orintestate) where the gross value of theestate does NOT exceed P300,000 orin Metro Manila the value does NOTexceed P400,000;

4. Actions involving title to or possession ,of real property, or any interest thereinwhere the assessed value or interesttherein does NOT exceed p20,000 orin Metro Manila, does NOT exceedP50,000;

5. lnclusion and exclusion of voters (Bp881, Sec.138);

X6. Admiralty and maritime cases where

demand or claim does NOT exceedP300,000 or in Metro Manita, doesNOT exceed P400,000;7. Those covered by the Rules onSummary Pr;ocedure:

a. lorcible Entry and Unlawfulpetainer (FEUD)

. With jurisdiction to resolve issue ofownership to determine ONLY theissue of possession;

o lrrespective of the amount ofdamages or unpaid rentals soughtto be recovered.

Where attorney's fees are

The action is incapable of pecuniaryestimation;

Title to or possession of real property orany interesttherein, the assessed valueEXCEEDS P20,000 or EXCEEDSP50,000 in Metro Manila,

Admiralty and maritime cases wheredemand or claim EXCEEDS P300,000or EXCEEDS P400,000 in MetroManila;

Matters of Probate (testate & intestate)where gross value of the estateEXCEEDS P300,000 or EXCEEDSP400,000 in Metro Manila;

All actions involving the contract ofmaniage and family relations (See RA.8369 amending BP. 129).

Family Courts now have exclusiveoriginal jurisdiction over:a. Petitions for guardianship, custody

of children, habeas corpus inrelation to the latter (but the SCand the CA have not beendeprived of their originaljurisdiction);

b. Petitions for adoption of childrenand the revocation thereof;

c. Complaints for annulment anddeclaration of nullity of marriage,matter relating to marital statusand property relations of husbandand wife or those living togetherunder different Status oragreement, and petitions fordissolution of conjugal partnershipof gains;

1.

2"

5.

d. Supp-qdandktaekrowledgment;"ry*f. "Pbtition tor de.qlantipnlffiKftatus c

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defendant upon verifi ed applicationby the complainant or the victim forrelief fom abuse;b. The court may order the temporarycustody of children in allCivil actions for their custody,support pendente /lfe, includingdeduction from the salary, and useofconjugal home and otherproperties in all civil actions forsupport.

Cases NOT Win the exclusivejurisdiction of any court, tribunal,person or body exercising judicial orquasi-judicial fu nctions (generaljurisdiction of RTC);Civil actions and special proceedingsfalling within the exclusive originaljurisdic'tion of Juvenile and DomesticRelations Court and of Court of 'Agrarian Relations as now provided bylaw;

All other caseslivhere demandEXCLUSIVE of IDALEG or the value ofthe property in controversy EXCEEDSP300,000 or EXCEEDS P400,000 inMetro Manila;

Under Sec. 5.2 of the Securities andRegulations Code to hear and decide:. Cases involving devices or

schemes employed by or any actsofthe board ofdirectors, businessassociates, its officers orpartnership, amounting to fraudand misrepresentation which maybe detrimental to the interest of thepublic and/or of the stockholders,

with

awarded, the same shall NOTexceed P20,000.

Other civil cases, excepf probateproceedings, where the totalamount of the plaintiffs claim doesNOT exceed P100,000 or doesNOT exceed P200,000 in MetroManila, exclusive of interests andcosts (as amended by A.M. No.02-1 1-09-SC, effective November25,2002).

REMEDIAL LAWJURISDICTION

management of a RehabilitationReceiver or ManagementCommittee.

CONCURRENT

DELEGATED May be assigned by the SC to hearcadastral or land registration cases wherethere is no controversy over the land or incase of contested lands, the value doesNOT exceed P100,000.

PetitiOn for Habeas Coryus OR applicationfor bail in criminal cases in the absence ofall RTC judges in the province or city.

SC may designate certain branches of RTCto try exclusively criminal cases, juvenileand domestic relations cases, agrariancases, urban land reform cases not fallingwiip the jurisdiction of any quasi-judicialbody and other special cases in the interestof justice.All cases decided by the tourer courts inthei r respective territorial j u risd iction ex ceptdeclsrbns of lower courts in the exercise ofdelegatedjuisdiction.

-

With SC -

Actions affecting ambassadors,public ministers and consuls.

With SC, CA and Sandigatnbayan -

lssuance of writs of certiorari, prohibition,mandamus, habeas corpus; quo warranto,injunction against lower courts.

With SC, CA and Sandiganbayan -

issuance of writ of amparo and habeas data

With MTC, etc. -

NONE.

With lnsurance Commissioner -

ClaimsNOT exceeding P100,000.

Petitions for certiorari, prohibition ormandamus against:

a. CA;b. COMELEG;c. COA;d. Sandiganbayan.

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CONCURRENT

Note: While theRules provide forconcurrentjurisdiction amongthe RTC, CA, andSC, the same isstill subject to theprinciple ofHIERARCHY OFCOURTS,

With Court of Appeals (CA)a. Petitions for certiorari, prohibition or

mandamus (CPM) against RTC,habeas corpus, quo warranto;b. Petitions for certiorari, prohibition ormandamus against the NLRC.

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pursuant to Sec 4of Rule 65.

Wth CA, the Sandrganbayan and RTCa. Petitions for issuance of Writ of

Amparo;b. Petitions for Habeas Data, wherethe action involves public data orgovernment office.

With the CA , RTC and Sandiganbayana. Petitions for certiorari, prohibition or

mandamus against inferior courtsand other bodies;b. Petitions for habeas corpus and quo

. warranto.

Wth RTCActions against ambassadors, other publicministers and consuls

With GA, lhe Sandiganbayan and RTCc. Petitions for issuance of Writ of

Amparo;d. Petitions for Habeas Data, wherethe action involves public data orgovemment office.

With CA only unless otherwise provided bylaw

a. Petitions for certiorari, prohibitionor mandamus against quasi-judicialagencies {like CSC, CBM,CTA, etc.) (Amendments to Rule65, A.M. No. 07-7-12-SC).

With the dC, nfC and Sandiganbayana. Petitions for certiorari, prohibition

or mandamus against inferiorcourts and other bodies; andb. Petitions for habeas corpus andquo wananto.

APPELLATE Review, revise, reverse, modify, or affirm onappeal or certiorari the following:

a. All cases in which theconstitutionality or validity of anytreaty, international or executiveagreement, law, presidential decree,proclamalion, order, instruc'tion,ordinance or regulation is inquestion;

b. All cases involving the legality of anytax, impost, assessment, or toll, orany penalty imposed in relationthereto;

c. All cases in which the jurisdiction ofany lower court is in issue;d. All criminal cases in which thepenalty imposed is reclusionperpetua or higher;

e. All cases in which only an error orquestion of law is involved

Exclusive Appellate jurisdiction over allfinal judgments, decisions, resolutions,orders or awards of RTC and quasi-judicialagencies except those falling within theappellate jurisdiction of the Supreme Gourtin accordance with the Constitution, LaborCode,

.8.P. 129 and of subparagraph 1 ofthe {- paragraph and subparagraph 4 ofthe 4" paragraph of section 17 of theJudiciary Act of 1948.

1. Offenses punishable withimprisonment NOTexceeding six (6) yearsirrespective of theamount of fine, andregardless of otherimposable accessory orother penalties, includingthe civil liability arisingfrom such offenses orpredicated thereon,inespective of kind,nature, value or amount

1. Offensesimposable

2. Offenses not

court, tribunal or

jurisdiction of the

EXCLUSIVEORIGINAL

REMEDIAL LAWJURISDICTION

thereof;

2. Offenses involvingDAMAGE TOPROPERTY throughcriminal negligence.

Note: ln cases where the onlypenal$ is a fine, the amountthereof shall determineiurisdiction. lf the amount doesNOT exceed P4,000, MTC'shave jurisdiction (Adm. Cir. 09-94).

Sandiganbayan.

Note: ln cases where theonly penalty is a fine, theamount thereof shalldetermine jurisdiction. lfthe amount EXCEEDP4,000, RTC'S havejurisdiction (Adm. Cir. 09-e4).

e. Other offenses orfelonies whethersimple or complexedwith other crimes.2. The offender committing

the offense in items a, b, c,and e is a public officialoccupying a positionelassified as salary grade27 and higher;3. The offense wascommitted in relation tooffice.

Those covered by theRules on SummaryProcedure:a. Violations of traffic

laws, rules andregulations;b. Violations of therental law;

c. Violations ofmunicipal or cityordinances;d. Violations of BP 22,otherwise known asBouncing ChecksLaw (4.M. No.00-11-01-SC, effective April15,2003);

e. All other criminalcases where thepenalty isimprisonment notexceeding 6 monthsandlor P 1,000 fineirrespective of otherpenalties or civilliabilities arisingtherefrom and inoffenses involvingdamage to propertythrough criminalnegligence where theimposable fine is notexceeding P10,000.

Family Court - Criminalcases where:a. One or more of the

accused is/are beloweighteen (18) yearsof age but not lessthan nine (9) years ofage; orb. Where one of thevictims is a minor atthe time of thecommission of theoffense;

c. Cases against minorscognizable under theDangerous Drug Ac{;d. Violations of RA2610, otherwiseknown as the"Special Protection ofChildren AgainstChild Abuse,Exploitation andDiscrimination Act'asamended by RA7658; and

e. Cases of domesticviolence againstwomen and children.

Civil and criminal cases filedpursuant to and in connectionwilh Executive Order Nas. 1, 2,14, and 14a (filed by PCGG).

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Appeals from the finaljudgments, resolutions ororders of regular courts whereall the accused are occuPYingpositions lower than salarygrade 27 or not otherwisecovered by the precedingenumeration.

All cases decided by theMTC's in their respectiveterritorial jurisdiction.

APPELLATE

Actions for annulment of judgment of theRegional Trial CourtsCrimes of Terrorism under Human SecurityAct of 2007.

Petition for certiorari, prohibition andmandamus against Court of Appeals andSandiganbayan.

With the SC: petitions for certiorari, prohibitionand mandamus against the RTC's.

With the CA: petitions for certiorari,prohibition and mandamus against theRTC's.

With the SC and RTC: petitions for certiorari,prohibition and mandamus against the MTC's.

With the CA and RTC: petitions forcertiorari, prohibition and mandamusagainst the MTC's.

By.Notice of Appeal:From the RTC in the exercise of its originaliurisdiction, except those appealable to theSandiganbayan.

From the RTC where penalty imposed isreclusion perpetua or life imprisonment orwhere a lesser penalty is imposed but foroffenses committed on the same occasion orwhich arose out of the same occurrence thatgave rise to the more serious offense for whichthe penalty of death, reclusion perpetua, or lifeimprisonment is imposed (Section 3 Rule 122as amended by AM. No.0O-U03-SC).

By automatic review (i.e. no notice of appeal isnecessary):From the RTC, in cases wherein the deathpenalty is imposed.

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By petition for review on certiorari:r From the CA;. From lhe Sandiganbayan;r From the RTC where only an error

or question of law is involved.

Note: In People vs. Mateo, G.R. Nos.14767&87, July 7, 2004 lhe SupremeCourt held that while the Fundamental Lawrequires a mandatory review by theSupreme Court of cases where the penaltyimposed is reclusion perpetua, lifeimprisonment, or death, nowhere, however,has it proscribed an intermediate review. lfonly to ensure utmost circumspectionbefore the penalty of death, reclusionperpetua or life imprisonment is imposed,the Court now deems it wise andcompelling to provide in these cases areview by the Court of Appeals before thecase is elevated to the Supreme Court. Aprior determination by the Court of Appealson, particularly, the factual issues, wouldminimize the possibility of an error ofjudgment. lf the Court of Appeals shouldaffirm the penalty of death, reclusionperpetua or life imprisonment, it could thenrender judgment imposing theconesponding penalty as thecircumstances so warrant, refrain fromentering judgment and elevate the entirerecords of the case to the Supreme Courtfor its final disposition.

REMEDIAL LAWJURISDICTION

ORIGINAL 1. All cases involving custody, guardianship, legitimacy, paternity and filiationarising under the Code of Muslim Personal Laws;All cases involving disposition, distribution and settlement of estate ofdeceased Muslims, probate of wills, issuance of lefters of administration orappointment of administrators or executors regardless of the nature oraggregate value ofthe property;Petitions for the declaration of absence and death for the cancellation orcorrection of entries in the Muslim Registries mentioned in Title Vl, Book Twoof the Code of Muslim Personal Laws;All actions arising from the customary contracts in which the parties areMuslims, if they have not specified which law shall govern their relations; andAll petitions for mandamus, prohibition, injunction, certiorari, habeas corpus,dnd all other auxiliarv writs and in aid of its aDoellate

3.

4.

1.' Petitions by Muslim for the constitution of a family home, change of name andcpmmitment of an insane person to an asylum;

2. All other personal and legal actions not mentioned in paragraph 1 (d) whereinthb parties involved are Muslims except those for forcible entry and unlawfuldetainer, which shall fall under the exclusive jurisdiction of the MunicipalCircuit Court, and3. All special civil actions for interpleader or declaratory relief wherein the partiesare Muslims or the propertv involved belongs exclusively to Muslims.

Cases that can be filed Offenses defined and punished under PD 1083Disputes relating to :

MarriageDivorceBetrothal or breach of contrac{ to marryCustomary dower (mahr)

e. Disposition and distribution of property upon divorcef. Maintenance and support,S. Consolatory gifts (muf'a) andh. restitution of marital rightsDisputes relative to communal properties.

4

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10

$an Fetu @otlege of Ltu2011 CENTRALIZED BAR OPERATIONS

SECTION 1. TITLE OF THE RULES

The Rules of Court DO NOT HAVE retroactiveeffect. They can, however, be madeapplicable to cases pending at the time of theirpassage and therefore are retroactive in thatsense.

The rule-making power of the Supreme Courthas the following limitations:1. Simplified and inexpensive procedure for

the speedy disposition of cases;2. Uniform for all courts of the same grade;and3. Shall not diminish, increase or modifysubstantive rights (Arf. Vlil Sec. S[S], 19A7Phil. Constitution).

o ln the interest of just and expeditiousproceedings, the Supreme Court maysuspend the application of the Rules ofCourt and except a case from itsoperation because the Rules wereprecisely adopted with the primaryobjective of enhancing fair trial andexpeditious justice.

SECTION 2. IN WHAT COURTSAPPLICABLEThese Rules shall apply in all the courts,EXCEPT as otherwise provided by theSupreme Court.

SECTION 3. CASES GOVERNED

Applicability1. Civil Action

- one by which a party sues

another for the enforcement or protectionof a right or the prevention or redress of awrong.

A civil action may either be ORDINARYOR SPECIAL, BOTH are governed by therules for ordinary civil actions, SUBJECTto the specific rules prescribed for aspecial civil action.

2. Griminal Action -

one by which the Stateprosecutes a person for an act or omissionpunishable by law.

3. Special Proceedings -

a remedy bywhich a party seeks to establish a gtatus,a gight, or a particular fact (SRP).

Glassifi cation of Actions

B. As to Nature

EXECUTIVE COMMITTEE:EZEKIEL JOSHUA VILLENA overall chairperson, MINISTER MOISES DU chairperson for academics. DJOANIVIE JOMARE JUNASAchairperson for hotel operations, MARIE MICAELA STA. ANA vice

REMEDIAL LAWCIVIT PROCEDURE

defendant isNOT required.

Jurisdiction overthe person ofthe defendant isrequired.

Jurisdiction overthe person of thedefendant is NOTrequired as longas jurisdictionover the res is

A proceedingto determinethe state orcondition of

An action toimpose aresponsibilityor liabilityupon a peniondirectly.

A proceeding tosubject theinterest of a

defendant overa particularproperty to an

lien burdeningit.

Judgment isbinding on theWHOLE

Judgment isbinding onlyupon PARTIESIMPLEADEDOR THEIRSUCCESSORSIN INTEREST,

Judgment isbinding uponPARTICULARPERSONS.

Ex. Action forspecificperformance;action forbreach ofcontract.

Ex. Aclion forpartition; actionto foreclose realestate mortgage.

Note: An action could be real as to cause ardin personam as to object (e.g., acrfun torecover a piece of land). An action could alsobe personal as to cause and ,n /ern as toobject (e.9., action for annulment of maniage).The distinction is significant in determining theVENUE of an action.

E. As to the Place

The distinction is important in determining thefollowing:1. Wh.ether or not jurisdiction over the person_

of the defendant is required; and2. Persons upon whom judgment is binding.D. As to Carrca

Note: lf the action is founded on privity ofcontract between the parties, then the actionwhether debt or covenant, is TRANSITORy.But if there is no privity of contract and theaction is founded on privity of estate only, suchas a covenant that runs with the land in thehands of the remote grantees, then the actionis LOCAL and must be brought in the ptacewherein the land lies (paper lndu'striesCorporation of the Philippines vs. Samson,G.R. No. L-301 75, November 25, 1 975).

Actions lncapable of pecuniary Estimation

An action CAPABLE of pecuniary estimation isone wherein the action is'brought primarilyfor the recovery of a sum of money; and theamount of the claim shall determine wherethe jurisdiction ties.

ofto

Must be brought in aparticular placewhere the subjectproperty or a portionthereof is located,unless there is anagreement to thecontrary (Section 4,Rule 4).

Dependent on the placewhere the party residesregardless of where thecause of action arosesubjecl.(Section 4, Rule 4).

Ex. Action to recoverreal property

Ex. Action to recoversum of money

Ownership orpossessjon ofreal propertyis involved.

Personalproperty issought to berecoveredor wheredamages forbreach ofcontract are

Both real andpersonal propertiesare involved.

Filed in thecourt wherethe propertyor any partthereof issituated.

Filed in thecourt wherethe plaintiffor any of thedefendantsresides, atthe option of

The rules on venueof real actions shallgovern.

Ex. Actionfor a sum of

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secrrof 4.APPLICABLE

IN WHAT CASES NOT

NOT APPLICABLE lN: {ELCaNio)1. llection Cases;2. land registration/qdastral cases;3. [aturalization;4. lnsolvency proceedings;5. Qther cases not provided in the Rules ofCourt.

Exception: The Rules of Court are applicableto the above cases by analogy or in as u p pl eto ry ch a racte r and when eve r practicab I eand convenient.

SECTION 5. COMMENCEMENT OF ACTION

A civilaction is commenced by:1. The FILING OF THE COMPLAINT (Whenan additional defendant is impleaded in alater pleading, the action is commencedwith regard to him on the date of the filingof such LATER PLEADING); andNote: Civil actions are deemedcommenced from the date of the filing anddocketing of the complaint, without takinginto account the issuance and service ofsummons (Cabrera vs. Tiano, G. R. No" L-17299, July 31, 1963).

2. The PAYMENT OF DOCKET FEES(Determined not only by the amount of theclaim but also by the amount of damages)

ln Sun lnsurance Office, Ltd. v. Asunciotn fl7aSCRA 274, 1989) the Supreme Court laiddown the following rules:

It is not simply the filing of the complaint orappropriate initiatory pleading but also thepayment of the prescribed docket fee thatvests a trial court with jurisdiction over thesubject matter or nature of the action.Where the filing of the initiatory pleading isnot accompanied by payment' of thedocket fee, the court may allow paymentof the fee within the reasonable time but inno case beyond the applicable prescriptiveperiod.The same rule applies to permissivecounterclaims, third-party claims andsimilar pleadings which shall not beconsidered filed until and unless the filingfee prescribed therefor is paid.Where the trial court acquires jurisdictionover a claim by the filing of the appropriatepleading and payment of the prescribedfiling fee, but subsequently, the judgmentawards a claim not specified in thepleading, or if specified, the same has

been left for dete.rmination by the court,the additional filing fee therefor shallconstitute a lien on the judgment.

. The amount of damages should bespecified not onlY in the bodY of thepleading but also in the PraYer.

. lf the complete amount of the docket fee isnot paid, the prescriptive period continuesto run as the complaint is deemed not filed(Feria, 2001, p. 208).

. An action can be commenced by filing thecomplaint by registered mail. ln whichcase, it is the date of mailing that isconsidered as the date of filing and not thedate of the receipt thereof by the clerk ofcourt.

SECTION 6, CONSTRUCTION

General Rule: Liberal construction

Exceptions:1. Reglementary periods;2. Rule on forum shopping;3. Service of summons.. The power of the Supreme Court to

promulgate rules concerning pleading,practice, and procedure includes thepower fo suspend the effectivity of suchrules or to provide an exception from theoperation of said rules. lt is within theinherent power of the Supreme Court tosuspend its own rules in a particular casein order to do justice (De Guia vs. DeGuia, G.R. No. 135384, APril 4, 2001).

Reasons Which Would Warrant theSuspension of the Rules1. The existence of special or compelling

circumstances;

b.

13

REMEDIAL LAWCIVIL PROCEDURE

SECTION 1. ORDINARY GIVIL ACTIONS,BASIS OF

Every ordinary civil action must be based on acause of action.

SECTION 2. CAUSE OF ACTION, DEFINED

Gause of Action is the act or omission bywhich a party violates a right of another.

Requisites of Right of Action:1. The existence of a LEGAL RIGHT of the

plaintiff;2. A CORRELATIVE OBLIGATION of the

defendant to respect plaintiffs right; and3. An act or omission of the defendant inVIOLATION of the plaintiffs legalright.

lnjury is the illegal invasion of a legat rightwhile damage is the loss, hurt, or harm whichresults from the injury.

Right of Action is right of a person tocommence and prosecute an action to obtainthe relief sought.

Requisites:1. There must be a good cause (The

existence of a cause of action);2. A compliance with qll the conditionsprecedent to the bringing of the action;and3. The action must be instituted by the proper

SECTION 3. ONE SUIT FOR A SINGLECAUSE OF ACTION

A party may not institute more than one suit fora single cause of action

SECTION 4. SPLITTING A SINGLE CAUSEOF ACTION, EFFECT OF

Splifting of cause of action is the act ofdividing a single or indivisible cause of actioninto several parts or claims and bringingseveral actions thereon. lt is NOT allowed.

Purpose:To avoid the following:1. Multiplicity of suits;2" Conflicting decisions; and3. Unnecessary vexation and harassment of

defendants.

Applies NOT only to complaints but also tocounterclaims and cross-claims.

The redress,protection,award orcoercivemeasurewhich theplaintiff praysthe court torender in hisfavor asconsequenceol the delictcommitted bythe defendant.

Theprocedure orappropriatelegal form ofrelief ofaction whichmay beavailed of bythe plaintiffas themeans toobtain thedesiredrelief.

The thing,wrongful ad,contract orpropertywhich isdirectlyinvolved in theaction,concerningwhich thewrong hasbeen doneand withrespect towhich thecontroversyhas arisen.

Delict or wrongful act oromission committed bythe defendant inviolation of the primaryrights of the plaintiff.

Remedial right or rightto relief granted by lawto a party to institute anaction against a personwho has committed adelict or wrong againsthim.

The reason for theaclion.

The remedy or meansafforded or theconsequent relief.

The formal statement ofthe operative facts thatgives rise to remedialright.

The remedial right givento a person because ofthe occurrence of thealleged facts.

A matter of procedureand depends on thepleadings filed by theparties.

A matter of right anddepends on substantivelaw.

Not affected byaffirmative defenses(Fraud, prescription,estoppel, etc.).

Affected by affirmativedefenses.

q-5{P" #tCSAion to di3fi1iSb Cnl*tlrHdlound of:tftwsffi65ry4;sff:1h,aw i

14

9en Fcls GoIIege ot leb2011 CENTRALIZED BAR OPERATIONS

b. Exception: A contract to do several thingsat several times is divisible, and judgmen!for a single breach of a continuing contractis NOT a bar to a suit for a subsequentbreach (e.9., promlssory note payable inseveral installments so long as fhere ts noacceleration clause).

c. Exception to the exception: Allobligations which have matured at the timeof the suit must be integrated as onecause of action in one complaint, andthose not so included would be barred.

d. Doctrine of Anticipatory Breach: AnUNQUALIFIED and POSITIVE REFUSALto perform a contract, though theperformance thereof is not yet due, may, ifthe renunciation goes into the wholecontract, be treated as a complete breachwhich will entitle the injured party to bringhis action at once (Elossom & Co. ys.Manila Gas Corp., No. 32958, Nov. 8,19s0).

The rule against splitting of a cause of actionappties only where the action is between thesame parties (ltogon Suoc Mneg lnc. vs.Sangil-ltogon Worker's Union, G.R. No. l-24189, August 30, 1968).

SECTION 5. JOINDER OF CAUSES OFACTION

Joinder of cruses of action is purelyPERMISSIVE. The plaintiff can always fileseparate actions for each cause of action.

Requisites for Joinder of Gauses of Action:1. The party joining the causes of action

must comply with the rules on joinder ofparties;

Note: The following are the elements for ajoinder of parties (Sec. 6, Rule 3):a. A right to relief in respect to or arising

out of the same transaction or series. of transactions; and

b. A common question of law or fact.2. The joinder shall not include special civil

actions or actions governed by specialrules;

3. Vly'here the causes of action are betweenthe same parties but pertain to differentvenues or jurisdictions, jurisdiction is withthe Regional Trial Court, provided that:a. One of the causes of action falls within

the jurisdiction of the RTC; and

b. The venue lies,thereon.4. Where the claims in the causes of action

are principally for recovery of money, theaggregate amount claimed shall be thetest of jurisdiction (Totality Rule).

Totality Rute under BP 129: Where there areseveral claims or causes of actions betweenthe same or different parties, embodied in thesame complaint, the amount of the demandshall be the totality of the claims in all causesof action, irrespective of whether the causes ofaction arose out of the same or differenttransaction.

The jurisdictional amount excludes: a)interest, b) damages of whatever kind, c)attorney's fees, d) litigation expenses andcosts. These matters however, shall beincluded in determining the filing fees.(Riano 2009, p.l79)Note: Ihe exclusion of the term "damages ofwhatever kind' in determining the iurisdictionalamount, applies fo cases where the damagesare merely incidental thereto or consequenceof the main cause of action.

Note: We will follow the totality rulein BP 129because it is elementary in statutoryconstruction that in case of conflict,substantive law prevails over procedural laws.

It minimizes multiplicitYof suits and

It causes multiplicity ofsuits and double

15

EIALLAW@il.PROCHX'RE

SEIN 1. TO IAY BE PARTIES;PLtfTrFAII I'EFEM)ANTfqimomsbra person to be a party toa drt*lin:1. ib mrct be either:

a A nafural person; (e.9. Juan dela Cruzvs fudro Sanfos)b. A juridical person, (e.9. Juan delaCruz vs ABC Corporation) or

c. An entity authorized by law. (e.g.corporations by estoppel, partnershipby estoppel- Juan Dela cruz vs PedroSanfos, et.al. doing buslness underthe name ofXYZ Cgmpany)2. He must have the legal capacity to sue;

and3. He must be the reat party-in-interest.One need not be a natural or a juridical personto be a party to a civil action. As long as anentity is authorized by law to be a party, suchentity may sue, be sued or both (Riano, 2007,p.179).

Note: Entities authorized by law to be partiesto a suit include:1. The estate of a deceased person;2. A political party incorporated under Act

1459 (now 8.P. Btg. 69, CorporationCode); and3. A registered labor union (Sec. 243, pD442, Labor Code), with respect to itsproperty.

As to properties of the Roman CatholicChurch, the Archbishop of the diocese towhich they belong may be a party (Versoza vs.Fernandez, G.R. No. L-25254, Nov" 22, 1926).

Phintiff -

one having an interest in the matterof the action or in obtaining the reliefdemanded. The term may refer lo lhe claimingparty, the counter-claimant, the cross-claimant, or the third (fourth, etc.)- paftyplaintiff.

Defendant -

one claiming an interest in thecontroversy or the subject thereof adverse tothe plaintiff . The term may also include:1. An unwilling co-plaintiff or one who should

be joined as plaintiff but refuses to give hisconsentthereto (Sec. 10, Rule 3);

2. The original plaintiff becoming a defendantto original defendant's counterclaim; and

3. One necessary to a completedetermination or settlement of thequestions involved therein,

SECTION 2. PARTIES IN INTEREST

Real Party-in-lnterest is the party who standsto be benefited or injured by the judgment inthe suit or the party entitled to the avails of thesuit.

Note: To be a real party-in-interest, theinterest must be 'real', which is a presenfsubstantial interest as distinguished from amere expectancy or a future, contingentsubordinate or consequential interest.

ln Oposa vs- Factoran (G.R. No. 101083,1993/, minors represented by their parentswere held as real parties in interest to file anaction to annul timber licenses issued by thestate under the following principles:a. lnter-generational responsibility;b. lnter-generational justice;c. The right of the Filipinos to a balanced and

healthfulecology; andd. Minors represent themselves and the

It refers to a plaintiffsgeneral disability to sue.such as on account ofminority, insanity,incompetence, lack ofjuridical personality orany other generaldisqualifications of aparty.

The plaintiff is not thereal party-i n-i nterest.

It can be a ground for amotion to dismiss on theground o'f lack of legatcapacity to sue.

It can be used as aground for a motion todismiss based on thefact that the complaint,on the face thereof,states no' cause ofaction.

without

16

' 9m Ftls Gstlegt of Lclo2O1I CENTRALIZED BAR OPERATIONS

.3.

4.

5.

an action (must he joined under allconditions).

Necessary parties -

Those who are notindispensable but ought to bb joined asparties if complete relief is to be accordedas to those already parties, or for acomplete determination or settlement ofthe claim subject of the aclion (may ormay not be joined).Representative parties

- Those acting in

fiduciary capacity such as trustees,guardians, executors, or administrators.The beneficiary shall be included in thetitle of the case and shall be deemed to bethe real party in interest.

Pro forma parties -

Those who arerequired to be joined as co-parties in suitsby or against another party as may beprovided by the applicable substantive lawor procedural rule such as in the case ofspouses under Sec. 4.

Quasi parties -

Those in whose behalf aclass or representative suit is brought.

SECTION 3. REPRESENTATIVES ASPARTIES

A representative may be a trustee of anexpress trust, a guardian, an executor oradministrator or a party authorized by law orthe Rules of Court.

Where the action is allowed to be prosecutedor defended by a representative or $omeoneacting in a fiduciaqi capacity, the beneficiaryshall be included in the title of the case adshall be deemed to be the real party-in-interest.

An agent may sue or be sued without joininghis principal except when the contract involvesthings belonging to the principal.

SECTION 4. SPOUSES AS PARTIES

General Rule: Husband and wife shall sue orbe sued jointly.

Exceptions (lJncler the Family Code):1. A spouse without just cause abandons the

other or fails to comply with his or herobligations to the f;amily with respect to themarital, parental or property relations.

2. A spouse of age mortgages, encumbers,alienates or otherwise disposes of his orher exclusive property.

3. The regime of separation of propertygoverns the property relations of thespouses. (Feria, 2001, p. 231)

SECTION 5, MINOR OR INCOMPETENT

Under the present rules, a suit may be broughtby or against a minor or incompetent but withthe assistance of his parents or his guardian.

A person NEED NOT be judicially declaredincompetent, it being sufficient that hisincompetency be ALLEGED in thecorresponding pleadings.

SECTION 6. PERMISSIVE JOINDER OFPARTIES

Permissiverule on

be#JsrH{ffi#g& be

s#ikut*w# r: #W **ew

1.

2.to

3.

Must be joined underany and all conditions,their presence being asine qua non for theexercise of judicialpower.

Should be joinedwhenever possible, theaction can proe,eed evenin their absence.

No valid judgment ifindispensable party isnot joined.

The case may bedetermined in court butthe judgment therein willnot resolve the entirecontroversy if anecessary party is notjoined.

They are those with suchan interest in thecontroversy that a finaldecree wouldnecessarily affect theirrights so that the courtcannot proceed withouttheir presence.

They are those whosepresence is necessary toadjudicate the wholecontroversy but whoseinterests are so tarseparable that a finaldecree can be made intheir absence withoutaffecting them.

Series

L7

REMEDIAL LAWCIVIL PROCEDURE

SECTION 7. COMPULSORY JOINDER OFINDISPENSABLE PARTIES

The indispensable party must always beincluded in the suit. ln the absence of suchparty, the court should order that theindispensable party be included. lt shall notorder the dismissal of the suit outright.

Only when the party ordered to implead theindispensable party refuses or fails to do soshall the case be dismissed, on the ground ofdisobedience to the Rules or orders of thecourt under Sec. 3 of Rule 17.

The absence of an indispensable partyrenders all subsequent actuations of the courtnull and void for want of authority to act notonly as to the absent parties but even as tothose present.

SECTION 8. NECESSARY PARTY

Also called PROPER PARTIES - those whosepresence is necessary to adjudicate the wholecontroversy, but those interests are so farseparable that a final decree can be made intheir absence without affecting them(Quisumbing vs. CA, G.R. No. 93339 Sepf.13,1990).

The non-inclusion of a necessary party doesnot prevent the court from proceeding with theaction and the judgment therein shall bewithout prejudice to the rights of suchnecessary party not impleaded.

Joint Debtor - He is an indispensable party ina suit against him but a necessary party in asuit against his co-debtor.

Solidary Debtor - ln a suit brought by acreditor against one solidary debtor, the othersolidary debtor is NEITHER indispensabte nora necessary party.

SECTION 9. NON-JOINDER OFNECESSARY PARTIES TO BE PLEADED

Duty of a pleader whenever a necessaryparty is not joined or impleaded:1. State the name pf the necessary party, if

known; and2. State why said necessary party is omittedin the pleading.

Should the court find the reason for theomission unmeritorious, it may order theinclusion of the omitted necesiary party ifjurisdiction over his person may be obtained

by ordering plaintiff to file an amendedcomplaint impleading the necessary partytherein as co{efendant.Note: The failure to comply with the court'sorder to include or join a necessary partywithout justifiable cause shall be deemed awaiver of the claim against such party.

SECTION 10. UNW|LLING CO.PLAIXTIFFlf the consent of any party who should bejoined as plaintiff cannot be obtained, he maybe made a defendant and the reason thereforeshall be stated in the complaint.

SECTION 1'1. MISJOINDER AND NON.JOINDER OF PARTIES

A party is MISJOINED when he is made aparty to the action although he should not beimpleaded.

A party is NOT JOINED when he is supposedto be joined but is not impleaded in the action(Riano,2007, p. 195).Neither misjoinder nor non-joinder of parties isa ground for dismissal of the action.

Exception: Secflon 7, Rule 3 in relation to thedisobedience to the rules or order of the courtfor the inclusion of an indispensable party.

Note: Objections to defects in parties shouldbe made at the earliest opportunity, r.e., themoment such defect becomes apparent, by aMOTION TO STRIKE THE NAMES OF THEPARTIES impleaded. Objedtions to misjoindercannot be raised for the first time on appeal.

sEcTtoN 12. CLASS SU|T

and

one of

that it is

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5sr Fels ollege of Let!2O11 CENTRALIZED BAR OPERATIONS

3. Parties bringing the class suit areSUFFICIENT IN NUMBER ANDREPRESENTATIVE of the class and canfully protect the interests of all concerned;and

4. The representative sues or defends for thebenefit of all.

Note: A taxpayer's suit or a stockholder'sderivative suit is in the nature of a class suit,although subject to the other requisites of thecorresponding goveming law especially on theissue of locus sfandl (Regalado p. 97).. Any party in interest shall have the right to

intervene to protect his individual interest.(Ihls rb an instance when a person mayintervene as a matter ot risht).

SECTION 13. ALTERNATIVE DEFENDANTS

Where the plaintiff is uncertain against who ofseveral persons he is entitled to relief, he mayjoin any OR all of them in the alternative,although a right to relief against one may beinconsistent with a right to relief against theother.

SECTION 14. UNKNOWN IDENTITY ORNAME OF DEFENDANT

Requisites:1. There is a defendant;2. Hls identity or name is unknown;3. Fictitious name may be used because of

ignorance of defendant's true name andsaid ignorance is alleged in the complaint;

4. ldentifying description may be used: suedas unknown owner, heir, devisee, or otherdesignation;

5. Amendment to the pleading when identityor true name is discovered; and6. Defendant is the defendant being sued,not a mere additional defendant.

Service of summons upon a defendant whoseidentity is unknown may be made bypublication in a newspaper of generalcirculation in accordance with Section 14 ofRule 14.

SECTION 15. ENTITY WTHOUT JURIDICALPERSONALITY AS DEFENDANT

Requisites: (TED)1. There are lwo or more persons not

organized as a juridical entity;2. They gnter into a transaction; and3. A wrong or g[elict is committed against a

third person in the course of suchtransaction.

Persons associated in an entity withoutjuridical personality may be sued under thename by which they are generallY orcommonly known, but they cannot sue undersuch name.

The service of summons may be effectedupon all the defendants by serving upon any ofthem, or upon the person in charge of theoffice or place of business maintained undersuch name (Section 8, Rule 14).

INSTANCES WHERE SUBSTITUTION OFPARTIES IS PROPER

A. SECTION 16. DEATH OF PARW; DUTYOF COUNSEL

This provision applies where the claim isNOT extinguished as in cases involvingproperty and property rights such as:1. Recovery of real and Personal

-property against the estate;2. Enforcement of liens on such

properties, or3. Recovery for an injury to Person or

property by reason of tort or delictcommifted by the deceased.

ln this case, the heirs will be substitutedfor the deceased OR if no legal

There is one singlecause of actionpertaining to numerouspersons.

There are multiplecauses of actionseparately belonging toseveral persons.

court will

19

REMEDIAL LAWCMIL PROCEDURE

Note: lf the action does not survive (likepurely personal actions of support, annulmentof marriage and legal separation), the courtshall simply dismiss the case. Substitution willnot be required (Riano, 2007, p. 200).B. SECTION 17. DEATH OR SEPARATION

OF A PARTY WHO IS A PUBLICOFFICER

Requisites:1. Public officer is a PARTY TO AN

ACTION in his officiat capacity;2. During the pendency of the action, heeither DIES, RESIGNS, OROTHERWISE CEASES to hotd office;3. lt is satisfactorily shown to the court byany party, within 30 .days afier thesuccessor takes office, that there is aSUBSTANTIAL NEED for continuingor maintaining the action;4. That the successor ADOPTS ORCONTINUES OR THREATENS TOADOPT OR CONTTNUE the action ofhis predecessor; and5. The party or ofiicer affected has beengiven REASONABLE NOTTCE of theapplication therefor and accorded anopportunity to be heard.

C. SECTION 18. INCOMPETENCY ORINCAPACITY

ln case a party becomes incompetent orincapacitated, the action survives and maybe continued by or against th;incompetent or incapacitated assisted byhis legal guardian or guardian ad titem,who is his legalrepresentative.

D. SECTION 19. TRANSFER OF INTERESTThe transfer of interest that is referred to inthis section is a bansfer that occursDURING THE PENDENGY of the action.The transferor would no longer be the real

.

party in interest if the transfer is madebefore the commencement of the suit.

General rule: The rule does not considerthe transferee an indispensabte party.Hence, the action may proceed witfrout ttreneed to implead him.

Exception; When the substitution by orjoinder of the transferee is ordered bycourt.

A transferee pendente lite:1. Stands in exactly the same position as

its predecessor-in-interest, the originaldefendant; and

2. Bound by the proceedings had in thecase before the propefi wastransferred to it, even if not formallyincluded as a defendant. (Henera,voLl p.405)

The case will be dismissed if the interestof plaintiff is transferred to defendantUNLESS there are several plaintiffs, inwhich case, the remaining plaintiffs can

' proceed with their own cause of action.

SECTION 20. ACTION ON CONTRACTUALMONEY CLAIMS

Requisites: (MAD)1. The action must primarily be for recovery

ofggoney, debt , or interest thereon;2. The claim, subject of the action, 3rosefrom contract, express or implied; and3. Defendant glies before the entry of finaljudgment in the court in which the actionwas pending.

Note: Under this section, the death of thedefendant will not result in the dismissal of theaction. The deceased shall be substituted byhis legal representatives in the mannerprovided for in Sec. 16 of Rule 3 and theaction continues until the entry of finaljudgment.

However, execution shall not issue in favor ofthe winning party. The final judgment shouldbe filed as a claim against the estate of thedecedent without need of proving the claim.

SECTION 21. INDIGENT PARTY

docket

20

9m Feta @ollr$e of I.sb2011 CENTRALIZED BAR OPERATIONS

SECTION 22. NOTICE TO THE SOLICITORGENERAL

Venue is the place of triallocation in which an actionshould be brought.

or geographicalor proceeding

Requisites for venue agreement to be valid:1. ln writing;and2. Executed by the parties before the filing of

the action.3. There must be exclusivity as to the

selection of the venue.

ln the absence of qualifying or restrictivewords (e.9. only, solely, exclusively in thiscaurt, in no other court save, particularly,nowhere else buUexcepf) venue stipulationis merely permissive and not exclusive,meaning that the stipulated venue is inaddition to the venue provided for in the rules(Polytrade Corp. vs. Blanco, G.R. No. L-27033, 1969).

When the stipulation as to . venue in apassenger ticket of a vessel wguld be contraryto public policy of making courts accessible toall who may have need of their service, thestipulation is void and unenforceable (SweefLrhes vs. Teves, G:R. No. 28324, May19,1972).

Note: When the action is no longer based onthe agreement but ON THE TORTIOUS ACTof sending collection telegrams despite thefact that the obligation had already been paid,venue is no longer based on the writtenstipulation but at the ELECTION OF THEPLAINTIFF as fixed by law (Herrera, 2007Vot.l, p.636).

SECTION 1. VENUE OF REAL AGTIONS

The venue is the place where the real propertyor any portion thereof is located.. lf property is located at the boundaries of

two places: File case in either place at theoption of the plaintiff.

. When the case involves two propertieslocated in two different places:1. lf the properties are the objecl of the

same transaction, file it in any of thetwo places;and

2. lf they are the subjects of two distincttransactions, separate actions shouldbe filed in each place unless properlyjoined.

SECTION 2. VENUE OF PERSONALACTIONS

Residence should be viewed or understood inits popular sense, meaning the personal,actual, or physical habitation of a person,actual residence or place of abode (Raymondvs. Court of Appeals G.R. No.80380 Sept" 28,1988).

Venue of personal actions:1. Where the PLAINTIFF or any of the

principal plaintiffs resides;2. Where the DEFENDANT or anY of the

principal defendants resides; or3. ln case of a NON-RESIDENT

DEFENDANT, the action may be broughtin the place where he maY be found.

Note: All at the ELECTION of thePLAINTIFF.

Means of Waiving Venue:

Power of the court tohear and decide acase,

May be waived. Jurisdiction over thesubject matter and overthe nature of the actionis conferred by law andcannot be waived.

May be changed bythe written agreementof the parties.

Cannot be the subjectof the agreement of theparties.

Not a ground for amotu pro prio disrfissal(excepf in summaryprocedure) '

Ground for a motuproprio dismissal

1. Failure to object via motion to dismiss;2. Affirmative relief sought in the court where

E,1 l^r;*ffi. ffiffi ##il t-drW

2l

REMEDIAL LAWCIVIL PROCEDURE

An action may be filed only when the caseinvolves:a. Personal status of plaintiff

- Venue:

Where plaintiff resides; andb. Any property of said defendant locatedin the Phil.

- Venue: Where the

property or any portion thereof issituated or found.

The Supreme Court has the power to order achange of venue to prevent a miscarriage ofjustice.

Note: The court may NOT motu propriodismiss a complaint on the ground of impropervenue (Dacoycay vs. lAC, G.R. No. 74854,April 2, 1991). An exception is provided inSecfibn 4 of the Rule on Summary Procedure.

SECTION 4. WHEN RULE NOTAPPLICABLE

The rule on venue is inapplicable in cases:1. Where a specific rule or /aw provides

othenvise (i.e. an action for damagesarising from libel); or2. The parties have validly agreed in writingbefore the filing of the action on theexclusive venue thereol (Sec. 4).

SECTION 2. MEANING OF TERMS

Rules on Summary Procedure (Givil Cases)

lf plaintiff fails to appear inpreliminary conference,

complaint may be dismissed.Defendant entitled todecision based on his

counterdaim, All crossdaimsdismissed.

#.&s{ ffiW#Pr:.\a* & lLrilt

SECTION 1. UNIFORM PROGEDURE

The procedure in the MTC shall be the sameas in the RTC, EXCEpT:1. Where a particular provision expressly or

impliedly applies onty to either of saidcourts; or2. ln civil cases governed by the Rule onSummary Procedure.

Filing of verifiedcomplaint with the MTC

Court may dismissthe case outright

W/in 10 days fromreceipt of summons,defendant answers,

incoporatingcompulsory

counterclaim orcrossclaim, and serves

a copy on plaintiff.

lf Defundant faib b an*in 10 days-

Thecourt, mduprwpson plaintiffs motion, may

render judgment based onalleged in the complaintw/o prejudice to

Rule 9, Sec. 3 (c).

Answer to counterclaimand crossclaim within

10 days

Preliminaryconference within30 days after last

answer is filed

lf sole defendant fails toappear, plaintiff is

entitled to judgmentbased on complaint andwhat is proved therein.

Win 5 days afterconference, court issues

record of preliminaryconference

Win 10 days fomreceipt of order,

submission by the

22

$en Fela Gdlege of Leb2011 CENTRALIZED BAR OPERATIONS

3.4.

5.6.

7.8.

Prohibited Pleadings or Motions under theRule on Summary Procedure(DaBaNa PEMP'D DiRTt)1. Motion to glismiss the complaint or to

quash the complaint or information excepton the ground of:a. lack of jurisdiction over the subject

matter, orb. failure to comply with the precedingsection; (refenal to lupon)

Motion for a lill of particulars;Motion for new trial, or for reconsiderationof a judgment, or for reopening of triat;letition for relief from judgment;Motion for extension of time to filepleadings, affidavits or any other paper;Semoranda;Petition for certiorari, mandamus, orprohibition against any interlocutory orderissued by the court;I Motion to gleclare the defendant in default;

10. Dilatory motions for postponement;11. Eeply;12. Third party complaint; and13. lntervention '

o The filing of a prohibited pleading wiil notsuspend the period to file an answer or toappeal.

o Although a motion to dismiss is aprohibited pleading, its fiting after theanswer had already been submitted doesnot constitute a pleading prohibited by thesummary rules. What the rules proscribe isa motion to dismiss that would stop therunning of the period to file an answer andcause undue delay (Heirs of O/fuas ys.Flor,'G.R. No. 78343, May 21, I9B8).

. A motion to dismiss may be treated as ananswer (Rosa/es vs. Court of Appeats,G.R. No. 137566, Feb 28,2001).

Note: While a motion to declare the defendantin default is prohibited by the rutes onsummary procedure, the plaintiff maynevertheless file a motion to render judgmeitas may be wananted when the defendant failsto file an answer.

Trial Procedure in Civil GasesNo testimonial evidence is required nor cross-examination of witnesses allowed. All that isrequired is that wiinin 1tO; days from receiptby the parties of the court,s pre-trial order, theyshallsubmit:1. The affidavits of their witnesses; and2. Other evidence on the factual issues set

fgrt! ln the pre-triat order, together withtheir position papers setting forth ttre tawand the facts relied upon by them.

. Judgments of inferior courts in casesgoverned by summary procedure areappealable to the RTC.

procedure no longer applies.

o The decisions of the RTC (On appeal) incivil cases under this rule, includingejectment cases, are IMMEDIATELYEXECUTORY without prejudice to afurther appeal that may be taken.

Note: Please refer to the special laws on thesalient features of the Rules on SummaryProcedure.

Katarungang Pam baran gay Law(Title One, Book lll, RA 7160)

No complaint, petition, action, or proceedinginvolving any matter (BETWEENINDIVIDUALS/NATURAL PERSONS) withinthe authority of the /upon shall be filed orinstituted directly in court or any othergovernment office for adj ud ication,UNLESS:1. There has been CONFRONTATION

BETWEEN THE PARTIES before thelupon chairman or pangkat, and2. That no conciliation or settlement hasbeen reached OR unless the settlementhas been repudiated by the partiesthereto.

Cases NOT covered by the KatarungangPambarangay Law (SUBSTANTIVEExceptions: G-POP RDP J)1. Where one party is the government or any

subdivision or instrumentality thereof;2. Where one party is a public officer oremployee, and the dispute relates to theperformance of his

"offi,cial functions;

23

REMEDIAL LAWCIVIL PROCEDURE

b. The parties thereto agree to submittheir differences to amicablesettlement by an appropriate lupon;

7. Such other classes of disputes which thepresident may determine in the interest ofjustice; and

8. Where one of the parties is a iuridicalentity.

Note: The court in which non-criminal casesnot falling within the authority of lhe lupon arefiled may, at any time before trial, motu propriorefer the case to the lupon concerned foramicable settlement.

While the dispute is under mediation,conciliation, or arbitration, the prescriptiveperiods for offenses and cause of action underexisting laws shall be intemtpted upon filing ofthe complaint with lhe punong barangay.Such interruption sfra// NOT exceed 60 daysfrom the time of the filing of the comptaint withthe punong barangay.

The pafties may go directly to court in thefollowing instances (PROCEDURALExeeptions: CHAS LACT)1. Where the accused is under police

gustody or detention;2. Where the person has otherwise beendeprived of personal liberty calling , forfiabeas corpus proceeding;3. Where the gctions are coupled withprovisional remedies such as preliminaryinjunction, attachment, delivery ofpersonal property, and supportpendente lite;4. Where the action may otherwise be barredby the gtatute of limitations;5. labor Disputes (Montoya vs. Escayq G.R.No. 82211-12, March21,1989);

6. Actions to annul judgment upon acompromise (Sanchez vs. Tupaz,G.R. No. 76690, Feb.21, 19BB).7. QARL disputes; and8. Disputes involving the lraditions ofindigenous cultural community.

The parties may, at any stage of theproceedings, agree in writing to have thematter in dispute decided by arbitration byeither the Punong Barangay or Pangkat.

The settlement and arbitration agreement maybe repudiated on the ground that consent isvitiated by fraud, violence, or intimidation.Such repudiation shall be sufficient basis forthe issuance of the certification for filing a

complaint in court or any government office foradjudication. (1 0 days to repudiate)

Rules on Venue under the KatarungangPambanngayl-aw1. Disputes between residents of the same

barangay shall be brought for settlementbefore lupon of said barangay.

2. Residents of difierent barangays within thesame city or municipality

- ln the barangay

where the respondent or any of therespondents reside at the election of thecomplainant.3. Disputes involving real property or anyinterest therein

- Where real property or

larger portion thereof is situated.4. Disputes arising at the WORKPLACE

where the contending parties areemployed or at the |NST|TUT|ON,wheresuch parties are enrolled for study

- ln the

barangay where such workplace orinstitution located.

Note: Please refer to the special laws on thesalient features of the law and on KatarungangPambarangay Chart.

SECTION 1. PLEADINGS DEFINED

Pleadings are the written statements of therespective claims and defenses of the partiessubmitted to the court fbr appropriatejudgment.

Purpose of pleadings: (AlD)1. To apprise the Court of the rival claims in

a judicial controversy submitted for trialand decision;

24

9nu Fete @ollcge of Lsb2011 CENTRALIZED BAR OPERATIONS

Only 9 kinds ofpleading are allowed

Any application forrelief not by a pleadingis a motion.

Must be written.May be oral whenmade in open court orin the course of a

Note: A motion to dismiss is NOT apleading.

HOWEVER, there are motions that actuallyseek judgment like a motion for judgment onpleadings (Rule 34) and motion for summaryjudgment (Rute 35).SECTION 2. PLEADINGS ALLbWED1. Complaint;2. Counterclaim;3. Cross-claim;4. Third-party Comptaint;5. Complaint-inintervention;6. Answer; .7. Reply;8. Counter-counterclaim; and9. Counter-Crossclaim.SECTION 3. COMPLAINTA complaint is the pleading aileging theplaintiffs cause or causes of acilon.

It should contain a concise staternent of theultimate facts constituting the plaintiffs causeof action, not evidentiary facts or legalconclusions.

Ultimate facts refer to the essential factsconstituting the plaintifPs cause of action.

A fact is essenfia/ if it cannot be stricken outwithout leaving the statement of the cause ofaction insufficient.

Test of sufficiency of the facts alleged inthe complaintDetermine whether upon the avernent offacts, a. valid judgment may be properlyrendered.

What are NOT Uttimate facts: (ELDA)1. lvidentiary or immaterial facts;2. legal conclusions, conclusions orinferences of facts from facts not stated, orinconect inferences or conclusions fromfacts stated;

3. The g[etails of probative matter orparticulars of evidence, statements of law,inferences and arguments; and4, An gllegation that a contract is valid orvoid is a mere conclusion of law.

SECTION 4. ANSWER

Answer is the pleading where the defendantsets forth his affirmative or negative defenses.May or may not contain a counterclaim.

It may likewise be the response to acounterclaim or a cross-claim.

SECTION 5. DEFENSES

Two Kinds of Defenses that may be setforth in the answer1. Affirmative Defenses

It is an allegation of a new matter which,while hypothetically admitting the materialallegations in the pleading of the claimant,would nevertheless prevent or barrecovery by him.

Affirmative defenses include fraud,prescription, release, payment, illegality,statute of frauds, estoppel, formerrecovery, discharge in bankruptcy, andanother matter by way of confession andavoidance.

2. Negative DefensesIt refers to a specific denial of thematerial facts or facts alleged in thepleading of the claimant essential to hiscause of action.

lnsufficient denial or denial amounting toadmissions1. Generaldenial; and

alleg

25

REMEDIAL LAWCIVIL PROCEDURE

SECTION 6. COUNTERCLAIM

Counterclaim is any claim which a defendingparty may have against an opposing party.

Nature of a counterclaimA counteiclaim is in the nature of a cross-complaint. Although it may be alleged in theanswer, it is not part of the answer. Upon itsfiling, the same proceedings are had as in theoriginal complaint. For this reason, it must beanswered within ten (10) days from service.

Gounterclaims may either be:L Compulsory;or2. Permissive.sEcTtoN 7.COUNTERCLAIM

COMPULSORY

Gompulsory Counterclaim is one which,being cognizable by the regular courts, arisesout of or is connected with the transaction oroccurence constituting the subject matter ofthe opposing party's claim and does notrequire for its adjudication the presence ofthird parties of whom the court cannot acquirejurisdiction.

Requisites of a compulsory counterclaim1. lt must arise out of, or be necessailyconnected with, the transaction oroccunence that is the subject matter of theopposing party's claim;2. lt does not require for its adjudication thepresence of third pafties of whom the courtcannot acquire jurisdiction;3. lt must be within the jurisdiction of thecourt; and4. lt must be cognizable by the regular courtsof justice.

Rules on Gompulsory CounterclaimA counterclaim before the MTC must be withinthe jurisdiction of said court, boffr as fo fheamount and nature thereof.

ln an original action before the RTC, thecounterclaim may be considered compulsoryregardless of the amount.

However, the natuie of the aetion is alwaysmaterial such that unlawful detainer cannot beset up in the RTC.

r lf a counterclaim is filed in the MTC inex@ss of its jurisdictional amount, theexcess is considered waived (Agustin vs.Bacalan, O.R. No. 46000, March 18,1egq.

o ln Calo vs. Ajax lnt'l (G.R lrio.. 2t&,March 16. 1968), frE remedy strcre acounterdaim is beyond the jurisdiclbn ofthe MTC is to set off the claims and file aseparate action to collect the balance.

Notei A plaintifi who fails or chooses not toanswer a compulsory counterclaim may not bedeclared in default, principally because theissues raised in the counterclaim are deemedautomatically joined by the allegations of thecomplaint (Gojo vs. Goyala, G.R. No. 26768,Oct.30, 1970).

General Rule: A compulsory counterclaim notset up in the answer is deemed barred.

Exceptions:a. lf it is a counterclaim which either matured

or was acquired by a party after servingbe pleaded

9,

t::;#,bLy-w"ffix ## **ewa-

the

eventground for

counterclaim

hisby

orofby

aarethat

One which arises outof or is necessarilyconnected with thetransaction oroccurrence that is thesubject matter of the

It does not arise out ofnor is it necessarilyconnected with thesubject matter of theopposing party's claim.

It may require for itsadjudication thepresence of thirdparties over whom thecourt cannot acquire

It does not require forits adjudication thepresence of thirdparties of whom thecourt cannd acquire

It is NOT baned evenif not set up in theaction.Must be answered,otherwise, thedefendant can bedeelared in defauft.

Need not beansweredi no default.

26

at the st choose only

5un Fell GoIIege of L^tu2O11 CENTRALIZED BAR OPERATIONS

one remedy. lf he decides to file a motionto dismiss, he cannot set up hiscounterclaim. But if he opts to set up hiscounterclaim, he may still plead his groundfor dismissal as an affirmative defense inhis answer.

sEcTtoN 8. cRoss-clArM

Gross Glaim is any claim by one party againsta co-party arising out of the transaction oroccurrence that is the subject matter either ofthe original action or of a counterclaim therein.

Requirements for a Cross- Glaim;1. A claim by one party against a co-party;2. lt must arise out of the subject matter of

the complaint or of the counterclaim; and3. The cross-claimant is prejudiced by theclaim against him by the opposing party.

Purpose: To seftle in a single proceeding allthe claims of the different parties in the caseagainst each other in order to avoid multiplicityof suits (Republic vs. Paredes, G.R. No. l-12546, May 20. 1960).

lf it is not set up in the action, it is BARRED.except:1. When it is outside the jurisdiction of the

court; or2. lf the court cannot acquire jurisdiction overthird parties whose presence is necessaryfor the adjudication.of said cross-claim. lnwhich case, the cross-claim is consideredPERMISSIVE;or3. Cross claim that may mature or may beacquired after service of the answer.(Riano,2007, p.285)

o The dismissal of the complaint carries withit the dismissal of a cross-claim which ispurely defensive, but not a cross-claimseeking an affirmative relief.

SECTION 9. COUNTER.COUNTERCLAIMSAND COUNTER.CROSS.GLAIMS

Gounter-Counterclaim is a claim assertedagainst an original counterclaimant.

Counter-Grossclaim is a claim filed againstan original cross-claimant.

SECTION {0. REPLYReply is the response of the plaintiff to thedefendant's answer, the function of which is todeny or allege facts in denial or in avoidanceof new matters alleged by way of defense inthe answer and thereby join or make issue asto such new matters.

Effect of Failure to File a Reply

General Rule: Filing a reply is merelyoptional. New facts that were alleged in theanswer are deemed controverted should a'party fail to reply thereto.

Exceptions:Reply is required:1. Where the based

AC; and

Note:

deem

anRule

c

anto

in which case,it is called acompulsorycounterclaim,or it may not,in which caseit is called apermissivecounterclaim.

NO NEED fora leave ofcourt.

NO NEED fora leave ofcourt.

Against apeison not aparty to theaction.

Must arise outof thetransactionthat is thesubject matterof the originalaction or of acounterclaimtherein.

May arise outof or benecessarilyconnecledwith thetransaction orthe subjectmatter of theopposingparty's claim,

Must be inrespect of theopponent's(Plaintiff)claim.

tn

file

27

REMEDIAL LAWCIVIL PROCEDURE

sEGnoN {1. THTRD (FOURTH, ETC.) _PARTY COMPLAINT

Third -

Party Comptaint is a claim that adefending party may, with leave of court, fileagainst a person not a party to the aciion forgontribution, lndemnity, gubrogation or gnyother relief (CISA), in respect of hisopponent's claim. There could also be afourth, etc.; - party complaint with the samepurpose and function.

Tests to determine whether the third-partycomplaint is in respect of plaintiff's claim1. Whether it aiises out of the same

transaction on which the plaintiff's claim isbased, or although arising out of anotheror different transaction, is connected withthe plaintiffs claim;2. Whether the third-party defendant wouldbe liable to the plaintiff or to the defendantfor all or part of the plaintiffs claim againstthe original defendant; and3. Whether the third-parg defendant mayassert any defenses which the third-partyplaintiff has or may have to the ptaintiffsclaim.

e Leave of court to file a third-partycomplaint may be obtained by motionunder Rule 15_

r Summons on third, fourth, etc.-partydefendant must be served for the court toobtain jurisdiction over his person, sincehe is not an original party.

r Where the trial court has jurisdiction overthe main case, it also has jurisdiction overthe third-party complaint, regardless of theamount involved as a third-party complaintis merely auxiliary to and is a continuationof the main action (Repu blic vs. CentralSurety & Insurance Co., G.R. A/o. L-27802, act.26, 1968).

. A third-party complaint is not proper in anaction for declaratory reliel (Commissrbnerof Cusforns ys. Cloribet, G.R. /Vo. L-21036, June 30, 1977).

SEGTION 12. BRINGING NEW PARTIES

Distinguished from a Third-party complaintA third-party complaint is proper when not oneof the third-party defendants therein is a partyto the main action. lf one or more of thedefendants in a counterclaim or cross-claim isalready a party to the action, then the othernecessary parties may be brought in under

' this section.

SECTION 13. ANSWER TO THIRD(FOURTH, ETC.) - PARTY COMPLAINT

PARTS OF A PLEADING

SECTION 1. CAPTION

The Caption contains the following:1. The name of the court;2. The title of the action; and3. The docket number if assigned.SECTION 2. THE BODY

The Body sets forth:1. lts designation;2. The allegation of the party's claims and

defenses;3. The relief prayed for; and4. The date of the pleading.Note: lt is not the caption of the pleading butthe allegations therein which determine thenature of the action and the court shall grantrelief warranted by the allegations and proofeven if no such relief is prayed lor (Riano,2007, p.46).

Brings into the actiona third person whowas not originally aparty.lnitiative is with theperson already aparty to the action.

Initiative is with anon-party who seeksto join the action.

{{"&ft ffiffiWf4

in itsbe

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9en Fe[a Gollege ot Ltr2011 CENTRALIZED BAR OPERATIONS

Disciplinary action on counsel in thefollowing cases:1. Deliberately filing an unsigned pleading;2. Deliberately signing a pleading in violation

of the Rules;3. Alleging scandalous or indecent matter in

the pleading; or4. Failing to promptly report a change of his

address.

SECTION 4. VERIFICATION

Pleadings need NOT be verified EXCEPTwhen othenryise provided by the law or rules.

How a pleading is verified: By an affidavitthat the affiant:'l. Has read the pleading; and2. That the allegations therein are true and

correct of his personal knowledge orbased on authentic documents.

r The purpose of requiring a verification is tosecure an assurance that the allegationsof the petitioi nave been made ii goodfaith, or are true and correct, not merelyspeculative (Sarmiento v. Zaratan, G.R.No. 167471, February 5, 2A07).

List of pleadings that should be VERIFIED(NOT EXCLUSTVE)1. Civil complaints or initiatory pleadings

asserting claims for relief (includingpermissive counter-claims). (See Sec. 5,Rule 7, Rules of Civil Procedure)2. Statement of Claim for Small ClaimsCases, as well as the Response thereto(See Secs. 5 & 11, Rules of Procedure forSmallClaims Cases)3. Complaint for injunction (See Sec. 4, Rule5fl Rules of Civil Procedure)4. Application for appointment of receiver(SeeSec. 1, Rule 59, Rules of CivilProcedure)'Application(See Sec.Procedure)Petition for

for support pendente lite1, Rule 69, Rules of Civil

forcible entry or unlaMuldetainer, the answers thereto, and theanswers to any compulsory counter-claimand cross-claim pleaded in theanswer (See Sec. 4, Rule 70, Rules ofCivilProcedure)Petition for indirect contempt (See Sec. 4,Rule 71, Rules of Civil Procedure)Petition for relief from judgment or order.(See Sec. 3, Rule 38, Rules of CivilProcedure)

9. Petition for Review from the RTC to theSupreme Court (See Sec. 2[c], Rule 41,Rules of Civil Procedure)

10. Petition for Review from RTC to Court ofAppeals (See Sec. 1, Rule 42, Rules ofCivilProcedure)

11. Petition for Review under Rule 43, fromCTA and other quasi-judicial agencies toCourt of Appeals (See Sec. 5, Rule 43,Rules of Civil Procedure)

12. Appeal by Certiorari under Rule 45, fromCourt of Appeals to Supreme Court(See Sec. 7, Rule 45, Rules of CivilProcedure)

13. Petition for Certiorari (special civil ac{ion)under Rule 64 (See Sec. 2, Rule 64, Rulesof Civil Procedure)

14. Petition for Certiorari (special civil action)under Rule 65 (See Sec. 7, Rule 65, Rulesof Civil Procedure)

15. Petition for Prohibition under(See Sec. 2, Rule 65, Ru/esProcedure)

'16. Petition for Mandamus under(See Sec. 3, Rule 65, RulesProcedure)

17. Petition for appointment of guardian(See Sec. 2, Rule 93, Rules of Court)

18. Petition for leave filed by guardian to sellor encumber property of an estate(See Sec. 1, Rule 95 Ru/es of Court)

19. Petition for declaration of competency of award (See Sec. /, Rule 97, Rules of Court)

20. Petition for habeas corpus (See Sec. 3,Rule 102, Rules of Court)

21. Petition for change of name (See Sec. 2,Rule 103, Rules of Court)

22. Petition for voluntary judicial dissolution ofa corporation (See Sec. 1, Rule 105,Rules of Court; see also Sec. 119,Corporation Code)

23. Petition for cancellation or correction ofentries in Rule 108See

Rule 65'of CivilRule 65of Civil

6.

7.

8.

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REMEDIAL LAWCIVIL PROCEDURE

TEST to determine the presence of forumshopping: Whether in the two (or more) casespending, there is identity in terms of thefollowing:1. Parties or identity of interests represented

(Cf. Fkst Phil. lntemational Bank, et at. vs.C.A., G.R. No. 115849, January 24, 1996);2. Rights or causes of action; and3. Relief sought.

. The. certificate is to be executed bypetitioner, and not by counsel, unless thelatrer is specifically authorized to do so. ,

Ratio: The party himself has actual knowledgeor knows better than anyone else, whether hehas initiated similar actions in other courtsagencies or tribunals (Riano, 2007, p. 56).Three Ways of Gommifting ForumShopping:'1. Filing multiple cases based on the same

cause of action and with the same prayer,the previous not having been resolved yet(litis pendentia);

2. Filing multiple cases based on the samecause of action and with the same prayertthe previous having been resolved withfinality (res judicata);

3. Filing multiple cases based on the samecauses of action but with different prayers(splitting of cause of action, where theground for dismissal is also litis pendentiaor res judicata) (Ao-As vs. CA, et al., G.R.No. 128464, June 20,2006).

Note: The certificate of non-forum shopping isa mandatory requirement in filing a compliintand olher initiatory pleadings assLrting a ctaimor relief (Sec. 5, Rule 7, Rutes of Court).f!e96 initiatory pteadings inctude not onty theoriginal complaint but also:1. Permissivecounterclaim;2. Cross-claim;3. Third (fourth, etc.) - party cornptaint;4. Complaint-in-intervention; and5. Petition or application wherein the party

asserts his claim for relief.

The rule does not require a certificate againstforum shopping for a compulsory counterclaimbecause it cannot be subject to a separate andindependent adjudication. lt is NOT ANINITIATORY PLEADTNG (USf vs. Suda, G.R.No. 129718, August 17, 1gg8).Effect of Failure to ComptyNot curable by mere amendment of thepleading but shall be cause for the dismissal of

the case, without prejudice, unless othenrviseprovided, upon motion (not motu proprio) andafter hearing.

Effect of Submission of False Certificationor Non4ompliance with the UndertakingsTherein1. lndirect contempt; and2. Without prejudice to the filing of

aCministrative and criminal actions againstthe counsel.

Effect of Willful and Deliberate ForumShopping1. Shall be ground for summary dismissal of

the case with prejudice; and2. Direct contempt, as well as a cause for

administrative sanctions.

SECTION I. IN GENERALEvery pleading shall contain in a methodicaland logical form a plain, concise and directstatement of the ultimate facfs, omitting thestatement of mere evidentiary facts.

Ultimate Facts refer to those which directlyform the basis of the right sought to beenforced or the defense relied upon. lf theultimate facts are NOT alleged, the cause ofaction would be insufficient.

Evidentiary Facts refer to those which arenecessary to prove the ultimate fact or whichfurnish evidence of the"existence of someother facts.

Test to Distinguish Conclusion of Law fromStatement

A partyas he

defensesbut each

30

ISsn Felu @ollege ot 1[.ub2011 CENTRALIZED BAR OPERATIONS

Facts that may be Averred Generally: (CGCLeMJO)L Gonditions precedent (BUT there must still

be an allegation that the specific conditionprecedent has been complied with,otherwise, it will be dismissed for lack ofcause of action; Sec. 3);2. Capacity to sue or be sued (Sec. 4);3. Qapacity to sue or be sued in arepresentative capacity ( Sec. 4) ;4. $gal existence of an organization (Sec.4),

Note: A party desiring to raise an issue asto the legal existence or capacity of anyparty to sue or be sued in a representativecapacity shall do so by SPEC|FtC DENIALwhich shall include supporting particularswithin the pleader's knowledge.

5. Malice, intent, knowledge, or othercondition of the mind (Sec. 5);Ratio: lt is dlfficutt to state the particularsconstituting these matters.

6. judgments of domestic or foreign courts,tribunals, boards, of officers (no need toshow jurisdiction (for it is presumed; Sec.6); and

7. Qfficial document or act (Sec. 9).pacts inat must be Averred particularly:The circumstances showing fraud or mistakein all averments of fraud or mistake (Sec. 5).SECTION 7. ACTION OR DEFENSE BASEDON DOCUMENT

Actionable Document refers to a writteninstrument upon which the action or defense isbased.

Two permissible ways of pleading anactionable document1. By setting forth the substance of such

document in the pleading and attachingsaid document thereto as an exhibit(contents of the document annexed arecontrolling, in case of variance in thesubstance of the document set forth in thepleading and in the document attached);or

2. By setting forth said document verbatim inthe pleading.

SFCTION 8. HOW TO CONTEST SUCHDOCUMENT

How to Gontest an Actionable Document1. By specific denial under oath; AND

2. By setting forth what is elaimed to be thefacts.

Where the actionable document is properlyalleged, the failure to specifically denyunder oath the same rcsults in:1. The admission of the genuineness and

due execution of said document, EXCEPTthat an oath is not required:a. When the adverse party was not a

party to the instrument; ORb. When compliance with an order for aninspection was refused.

2. The document heed not be formallyoffered in evidence.

Genuineness means that the instrument is:1. Not spurious, counterfeit, or of different

import on its face from the one executedby the party; or

2. That the party whose signature it bearshas signed it; and

3, That at the time it was signed, it was inwords and figures exactly as set out in thepleadings.

Due Execution means that the documentwas:1. Signed voluntarily and knowingly by the

party whose signature appears thereon;2. That if signed by somebody else such

representative had the authority to do so;and

3. That it was duly delivered, and that theformalities were complied with. (Hibberdvs. Rhode, G.R. No. 84"N8. Dec. S, 1915)

The following DEFENSES, not beinginconsistent with the genuineness and dueexecution, are NOT WAIVED despite failureto specifically deny under oath:(FEW MPM DiSC)

#eYq ffiffi#etff,ffitr #Y"x*ewv

BUT1. F

an3. The

its

31

REMEDIAL LAWCIVIL PROCEDURE

2.

5. At the time the document was signed, itwas not in words and figures exactly asset out in the pleading.

Note: Failure to specifically deny under oaththe genuineness and due execution of anactionable document generally implies anadmission of the same by the other party.However, such IMPLIED ADMISSION lSDEEMED WAIVED if the party asserting thesame has allowed the adverse party to presentevidence contrary to the contents of suchdocument without objection (Ce