Copy remedial of Remedial Law Sc Syllabus

7/29/2019 Copy remedial of Remedial Law Sc Syllabus

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REMEDIAL LAW

BASED ON THE SUPREME COURT SYLLABUS

By: Atty. Alfredo G. del Rio

T!y "ord i# $ l$%& '(to %y feet $(d $ li)!t '(to %y &$t!*

+P#$l% ,,-:,/0

,. Ge(er$l Pri(1i&le#

,.,. Co(1e&t of re%edi$l l$"

Remedial law has the primordial role in the administration of

justice. It is the core of procedural due process which according toDaniel Webster is a law that hears before it condemns; that

proceeds upon inquiry, and renders judgment only after trial. Itproides methods to effectuate causes of action, redress wrong andgrant of relief.

Remedial law proides the mechanics of due process as

follows!

a" # court or tribunal clothed with judicial power to hear anddetermine the matter before it;

b" $urisdiction must be lawfully acquired oer the person ofthe defendant or oer the property which is the subjectmatter of the proceeding;

c" %he defendant must be gien an opportunity to be heard;and

d" $udgment must be rendered upon lawful hearing &'anco(spanol )ilipino . *alanca, + *hl -/, -+0"

,.2.S'3#t$(ti4e l$" 4i#5654i# re%edi$l l$"

%wo diisions in the law are substantie law and adjectie law&remedial law".

/../. 1ubstantie law is that part of the law which creates,defines or regulates rights concerning life, liberty, or

property, or the powers conferred upon agencies of the


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goernment for the administration of public affairs.

/... #djectie law is that part of the law which prescribesthemethod of enforcing rights or obtaining redress for their

inasion.,.7. R'le5%$8i() &o"er of t!e S'&re%e Co'rt

2*romulgate rules concerning the &rote1tio(ande(for1e%e(tof constitutional rights, &le$di()9 &r$1ti1e9$(d &ro1ed're +PPP0 in all courts, the admission to the

practice of law, the Integrated 'ar, and Le)$l A##i#t$(1etot!e '(der&ri4ile)ed. 1uch rules shall proide a #i%&lifiedand i(e&e(#i4e9 procedure for the speedy disposition of

cases, shall be '(ifor% for $ll 1o'rt# oft!e #$%e )r$de,and shall not diminish, increase, or %odify substantie rights&3eyword! SIUDIM".

Rules of procedure ofspecial courts and quasi-judicialbodies shall remain effectie unless disapproed by the1upreme 4ourt &Ite% /9 Se1tio( /9 Arti1le ;II


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of an attorney de oficio to represent the accused in trialcourt, and where a judgment was rendered on astipulation of facts entered into by both the

prosecution and the defense. 1imilarly, in a

considerable host of cases has this prerogatie beenino7ed to rela5 een procedural rules of the mostmandatory in character in term of compliance, such asthe period to appeal. 8et us not forget that the rules of

procedure should be iewed as mere tools designed tofacilitate the attainment of justice. T!eir #tri1t $(dri)id $&&li1$tio(9 "!i1! "o'ld re#'lt i(

te1!(i1$litie# t!$t te(d to fr'#tr$te r$t!er t!$(

&ro%ote #'3#t$(ti$l ?'#ti1e9 %'#t $l"$y# 3e

$4oided. (en the Rules of 4ourt enision thisliberality. %his power to suspend or een disregard therules can be so perasie and encompassing so as toalter een that which this 4ourt itself has alreadydeclared to be final, as we are now compelled to do inthis case +Do%i()o de G'@%$( 4. T!eS$(di)$(3$y$( $(d t!e Peo&le of t!e P!ili&&i(e#9

G.R. No. ,72>9 A&ril ,,9 ,--0

,.. N$t're of P!ili&&i(e 1o'rt#

/.0./. 9eaning of a court

# court is a body in the goernment to which thepublic administration of justice is delegated +2, C.


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a. 4ourt of #ppealsb. %he Regional %rial 4ourtsc. %he 9etropolitan %rial 4ourts :'* /-d. %he 9unicipal 4ourts '* /-

e. 4ourt of %a5 #ppeals : special lawf. )amily 4ourts : special law

/.0.+.+. S'&erior Co'rt#: 4ourts of generaljurisdiction ta7e cogni6ance of all 7inds of cases whetherciil or criminal and possess superisory authority oerlower courts.

/.0.+.0. I(ferior Co'rt# ta7e cogni6ance ofparticular specified cases only!

a. 9etropolitan %rial 4ourts b. 9unicipal %rial 4ourts c. 9unicipal 4ircuit %rial 4ourt

/.0.0. Co'rt# of ori)i($l $(d $&&ell$te ?'ri#di1tio(

/.0.0./. 4ourts of o. ?+@- ested with e5clusieoriginal jurisdiction oer child and family cases.

/.0.@. 4onstitutional and statutory courts &see /.0.+./ and

/.0.+."

/.0.. Co'rt# of l$" $(d e'ity

/.0../. 4ourts of 8aw : are tribunal duly administering the

0


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laws of the land. /.0... 4ourts of (quity : strictly spea7ing, our courts are

courts of law. It is only when there is no law that thejudge may apply equity. (quity is also justice

sweetened by mercy :$ustinian

/.0.?. Pri(1i&le of ?'di1i$l !ier$r1!y

#lthough the 1upreme 4ourt, 4ourt of #ppeals andthe Regional %rial 4ourts hae concurrent jurisdictionto issue writs of certiorari, prohibition, mandamus,quo warranto, habeas corpus and injunction, #'1!1o(1'rre(1e doe# (ot )i4e t!e &etitio(er

'(re#tri1ted freedo% of 1!oi1e of 1o'rt for'%.

#s we stated in *eople . 4uaresma &A.R. >o./0B-=#pril /, BB=, 0== 14R# 0@B"!

2%his 4ourtCs original jurisdiction to issue writs of certiorari isnot e5clusie. It is shared by this 4ourt with Regional %rial 4ourtsand with the 4ourt of #ppeals. %his concurrence of jurisdiction isnot, howeer, to be ta7en as according to parties see7ing any of thewrits an absolute, unrestrained freedom of choice of the court towhich application therefor will be directed. T!ere i# $fter $ll $!ier$r1!y of 1o'rt#. T!$t !ier$r1!y i# deter%i($ti4e of t!e 4e('e

of $&&e$l#9 $(d $l#o #er4e# $# $ )e(er$l deter%i($(t of t!e$&&ro&ri$te for'% for &etitio(# for t!e etr$ordi($ry "rit#. A

3e1o%i() re)$rd for t!$t ?'di1i$l !ier$r1!y %o#t 1ert$i(ly

i(di1$te# t!$t &etitio(# for t!e i##'$(1e of etr$ordi($ry "rit#

$)$i(#t fir#t le4el +i(ferior*0 1o'rt# #!o'ld 3e filed "it! t!e

Re)io($l Tri$l Co'rt9 $(d t!o#e $)$i(#t t!e l$tter9 "it! t!e Co'rt

of A&&e$l#. # direct inocation of the 1upreme 4ourts originaljurisdiction to issue these writs should be allowed only when there arespecial and important reasons therefor, clearly and specifically set outin the petition. %his is EanF established policy. It is a policy necessaryto preent inordinate demands upon the 4ourts time and attention

which are better deoted to those matters within its e5clusiejurisdiction, and to preent further oercrowding of the 4ourtsdoc7et.

T!e r$tio($le for t!i# r'le i# t"o5fold: +$0 it "o'ld 3e $(

i%&o#itio( '&o( t!e &re1io'# ti%e of t!i# Co'rt $(d +30 it "o'ld

1$'#e $( i(e4it$3le $(d re#'lt$(t del$y9 i(te(ded or ot!er"i#e9 i(

t!e $d?'di1$tio( of 1$#e#, which in some instances had to beremanded or referred to the lower court as the proper forum under therules of procedure, or as better equipped to resole the issues becausethis 4ourt is not a %rier of facts.

%hus, this 4ourt will not entertain direct resort to it unless the redress

=


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desired cannot be obtained in the appropriate courts, and e5ceptionaland compelling circumstances, such as cases of national interest andof serious implications, justify the aailment of the e5traordinaryremedy of writ of certiorari, calling for the e5ercise of its primary

jurisdiction. (5ceptional and compelling circumstances were held

present in the following cases! &a" 4hae6 s. Romulo on citi6ensright to bear arms; &b" Aoernment of the Gnited 1tates of #mericas. *uruganan on bail in e5tradition proceedings; &c" 4ommission on(lections s. Huijano*adilla on goernment contract inolingmoderni6ation and computeri6ation of oters registration list; &d"'u7lod ng 3awaning (II' s. amora on status and e5istence of a

public office; and&e" )ortich s. 4orona on the socalled 2WinWin Resolution of the


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1tructure and *owers ofAoernment by 'ernas, p. =B, nd(dition /--".

./. O4er t!e &$rtie#

././. Kow is jurisdiction oer the plaintiff is acquiredL

$urisdiction oer the plaintiff or petitioner is acquired by the filingof the complaint, petition or initiatory pleading before the court by the

plaintiff or petitioner &Kiyas 1aings and 8oan 'an7, Inc. . Kon.(dmundo %. #cuna M #lberto 9oreno A.R. /=0/+, #ugust +/ BB@"

./. Kow is jurisdiction oer the defendant acquiredL

$urisdiction oer the defendant or respondent is acquired by theoluntary appearance or submission by the defendant or

respondent to the court or by coercie process issued by the courtto him, generally by the serice ofsummons.

.. O4er t!e #'3?e1t %$tter

../. 9eaning of jurisdiction oer the subject matter

%his is conferred by law and, unli7e jurisdiction oer the parties,cannot be conferred on the court by the oluntary act or agreement of the

parties.

.. $urisdiction ersus the e5ercise of jurisdiction

$.$urisdiction is conferred by substantie law &'* /-" while thee5ercise of jurisdiction, unless otherwise proided by the law, isgoerned by the Rules of 4ourt or by order issued from time to time bythe 1upreme 4ourt.

$urisdiction is the power and authority to hear, try and decide a case, itdoes not depend on the regularity of e5ercise of power. 1ections / /?

'* /- proides! 2%he e5ercise by the Regional %rial 4ourt and theirjudges is regional in scope but it may be limited to the territorial area ofthe branch in which the judge sits &Offi1e of Co'rt Ad%i(i#tr$tor 4.M$t$#99 AM No. R//5 -25=79 A')'#t 29 ,--/9 7 SCAD 7729 2>

SCRA -0.

3. %he authority to decide a case is what ma7es up jurisdiction notthe decision. $urisdiction oer the person plus jurisdiction oer the subject

matter equals decision on all other questions is, an e5ercise of suchjurisdiction.

..+. (rror of jurisdiction as distinguished from error of judgment


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(rror of?'ri#di1tio(is one where the act complained of was issuedby the court "it!o't or i( e1e## of ?'ri#di1tio(and which error iscorrectible only by the etr$ordi($ry "rit of 1ertior$ri.

(rrors of?'d)%e(t of the trial court are to be resoled by the

appellate court in the appeal by and of error ia a petition for reiew oncertiorari under Rule 0= of the Rules of 4ourt. #s long as the court actswithin its jurisdiction, any alleged errors committed in the e5ercise of itsdiscretion will amount to nothing more than mere errors of judgment,correctible by an appeal or a petition for reiew under Rule 0= of theRules of 4ourt &Peo&le 4. Co'rt of A&&e$l#9 GR No. ,7729 ,


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%he doctrine though is not cast in stone for upon showing thatcircumstances attendant in a particular case oerride the great benefitsderied by our judicial system from the doctrine of stare decisis, the 4ourtis justified in setting it aside +P!ili&&i(e G'$rdi$( Brot!er!ood I(1. 4.

COMELEC G.R. No. ,-/2-9 A&ril 2-9 2,0

... O3?e1tio(# to ?'ri#di1tio( o4er t!e #'3?e1t %$tter

#s a rule, an o3?e1tio( o4er #'3?e1t5%$tter ?'ri#di1tio(may be raised at

any time of the proceedings. %his is because jurisdiction cannot be waied by

the parties or ested by the agreement of the parties. $urisdiction is ested by

law, which preails at the time of the filing of the complaint.

A( e1e&tio( to t!i# r'le !$# 3ee( 1$r4ed 3y ?'ri#&r'de(1e. In the

seminal case of Tijam v. Sibonghanoy, the 4ourt ruled that the ei#te(1e ofl$1!e#will &re4e(ta party from raising the courts lac7 of jurisdiction. 8aches

is defined as the 2failure or neglect, for an unreasonable and une5plained length

of time, to do that which, by e5ercising due diligence, could or should hae been

done earlier; it is negligence or omission to assert a right within a reasonable

time, warranting the presumption that the party entitled to assert it either has

abandoned or declined to assert it. &Delfin 8amsis et. #l . 9argarita 1emon

Dong(, A.R. >o. /+B


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2Where accused has secured a decisionthat the indictment is oid, or has been grantedan instruction based on its defectie characterdirecting the jury to acquit, he is estopped,when subsequently indicted, to assert that the

former indictment was alid. In such case,there may be a ne prosecution hether the

indictment in the !ormer prosecution as good

or bad. 1imilarly, here, a!ter the jury asimpaneled and sorn, the court on accused"s

motion quashed the in!ormation on the

erroneous assumption that the court had no

jurisdiction# accused cannot success!ully plead

!ormer jeopardy to ne in!ormation. $ $ $ &4.$.1., sec. =, pp. +??+?-; italics ours."

Where accused procured a priorconiction to be set aside on the ground that thecourt was ithout jurisdiction, he is estoppedsubsequently to assert, in support of a defenseof preious jeopardy, that such court had

jurisdiction. & 4.$.1. p. +?."

.+. O4er t!e i##'e#

$urisdiction oer the issues of the case! %his is determined andconferred by the pleadings filed in the case by the parties, or by theiragreement in a pretrial order or stipulation, or, at times by their impliedconsent as by the failure of a party object to eidence on an issue notcoered by the pleadings, as proided in 1ection =, Rule /B.

.0.


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law or the Rules of 4ourt may proide, final judgments and orders oflower courts in!

a" #ll cases in which the constitutionality or alidity of any treaty,international or e5ecutie agreement, law, presidential decree,

proclamation, order, instruction, ordinance, or regulation is inquestion

b" #ll cases inoling the legality of any ta5, impost, assessment, ortoll, or any penalty imposed in relation thereto.

c" #ll cases in which the jurisdiction of any lower court is in issue.

d" #ll criminal cases in which the penalty imposed is reclusionperpetua or higher & or crimes committed on occasion thereof".

e" #ll cases n which only an error or question of law is inoled. &Se1tio( /9 Art. ;III9 ,-=> Co(#tit'tio(0

Note#: ,. If a", b", and c" also inole questions of facts or mi5edquestions of fact and of law, t!e $))rie4ed &$rty #!$ll $&&e$l tot!e Co'rt of A&&e$l#and its final judgment may be appealedto the 1upreme 4ourt &1ubparagraph 0, par. 0, %hird *ar. o. =00"

. $udicial reiew does not mean judicial supremacy oer the twoother Departments but the performance by the 4ourt of a dutyspecifically enjoined upon it by the 4onstitution as part of asystem of chec7s and balances &Dabuet . Roche*harmaceuticals, Inc., /0- 14R# +?@, +-0 /-?".

.=.. Co'rt of A&&e$l#:


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1ection / of the $udiciary #ct of /-0?"

2%he 4ourt of #ppeals shall hae the power to try cases and conduct

hearings, receie eidence and perform any and all acts necessary to

resole factual issues raised in cases falling within its original andappellate jurisdiction, including the power to grant and conduct newtrial or further proceedings &1ection -, '* /-".

(5empt from 1ection -, '* /- are decisions and interlocutory ordersissued under the 8abor 4ode of the *hilippines and by the 4entral 'oardof #ssessment #ppeals. Rule 0+, Rules of 4ourt included the 4entral'oard of #ssessment #ppeals.

.=.+. Co'rt of T$ A&&e$l# +CTA0

%hrough the enactment of Republic #ct >o. -?, the jurisdiction of the4%# has been e5panded to include not only ciil ta5 cases but also casesthat are criminal in nature, as well as local ta5 cases, property ta5es and finalcollection of ta5es.

*ursuant to the proisions of Republic #ct //= and other laws prior toR.#. -?, the 4%# retains e5clusie appellate jurisdiction to reiew byappeal the following!

/. De1i#io(# of t!e Co%%i##io(er of I(ter($l Re4e('e in casesinoling disputed assessments, refunds of internal reenue ta5es, fees orother charges, penalties imposed in relation thereto, or other matters arisingunder the >ational Internal Reenue 4ode or other law or part of lawadministered by the 'IR;

. De1i#io(# of t!e Co%%i##io(er of C'#to%#in cases inolingliability for custom duties, fees or other money charges; sei6ure, detention orrelease of property affected; fines, forfeitures or other penalties imposed inrelation thereto; or other matters arising under the 4ustoms 8aw or other lawor part of law administered by the 'ureau of 4ustoms &1ection =0, R.#.//= &/-=0".

+. In automatic reiew of cases where such decisions of the 4ommissionof 4ustoms faorable to the ta5payer is elected to the 1ecretary of )inance&1ection +/=, %%4"; and

0. De1i#io(# of t!e Se1ret$ry of Tr$de $(d I(d'#try, in the case ofnonagricultural product, commodity or article, or the 1ecretary of#griculture, in the case of agricultural product, commodity or article, inconnection with the imposition of the #ntiDumping Duty, 4ounterailingand 1afeguard Duty &Republic #ct >os. ?=/ and ?=, &/---" 1ection +B/&a" and &p", and Republic #ct ??BB".

%he original appellate jurisdiction of the 4ourt of %a5 #ppeals was

/


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e5panded under Republic #ct -? to include the following!

/. 4riminal cases inoling iolations of the >ational Internal Reenue4ode and the %ariff and 4ustoms 4ode;

. Decisions of the R%4 in local ta5 cases;

+. Decisions of the 4entral 'oard of #ssessments #ppeals &4'##" incase inoling the assessment and ta5ation of real property; and

0. 4ollection of internal reenue ta5es and customs duties and theassessment of which hae already become final.

.=.0. S$(di)$(3$y$(

Rep. #ct >o. -=, entitled 2#n #ct to 1trengthen the )unctional and

1tructural o. /@B@, too7 effect on 9ay /@, /--=. 1ection thereofenumerates the cases falling within the original jurisdiction of the 1andiganbayan.1ubsequently, Rep. #ct >o. -= was amended by Rep. #ct >o. ?0-, entitled 2#n#ct )urther Defining the $urisdiction of the 1andiganbayan, #mending for the*urpose *residential Decree >o. /@B@, as #mended, *roiding )unds %herefor, andfor o. -= or Rep.#ct >o. ?0-, applies in the present case, the rec7oning period is t!e ti%e of t!e1o%%i##io( of t!e offe(#e. Ge(er$lly9 t!e ?'ri#di1tio( of $ 1o'rt to try $1ri%i($l 1$#e i# to 3e deter%i(ed 3y t!e l$" i( for1e $t t!e ti%e of t!e

i(#tit'tio( of t!e $1tio(, not at the time of the commission of the crime. Koweer,Rep. #ct >o. -=, as well as Rep. #ct >o. ?0-, 1o(#tit'te# $( e1e&tio( t!eretoas it e5pressly states that to determine the jurisdiction of the 1andiganbayan in casesinoling iolations of Rep. #ct >o. +B/-, the rec7oning period is the time of thecommission of the offense. %his is plain from the last clause of the opening sentenceof paragraph &a" of these two proisions which reads!

1ec. 0. $urisdiction. %he 1andiganbayan shall e5ercise Ee5clusieF originaljurisdiction in all cases inoling!

a. Jiolations of Republic #ct >o. +B/-, as amended, otherwise 7nown as the#ntiAraft and 4orrupt *ractices #ct, Republic #ct >o. /+-, and 4hapter II,1ection , %itle JII, 'oo7 II of the Reised *enal 4ode, where one or more of the

principal accused are officials occupying the following positions in the goernment,whether in a permanent, acting or interim capacity, at the time of the commission ofthe offense!

In this case, as gleaned from the Information filed in the 1andiganbayan, the crime

charged was committed from the period of $anuary +, /-- up to #ugust -, /--.%he applicable law, therefore, is Rep. #ct >o. -=. 1ection of Rep. #ct >o. -=

/+


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e5panded the jurisdiction of the 1andiganbayan as defined in 1ection 0 of *.D. >o./@B@, thus!

1ec. 0. $urisdiction. %he 1andiganbayan shall e5ercise original jurisdiction in allcases inoling!

$. Jiolations of Republic #ct >o. +B/-, as amended, otherwise 7nown as the#ntiAraft and 4orrupt *ractices #ct, Republic #ct >o. /+-, and 4hapterII, 1ection ,%itle JII of theReised *enal 4ode, where one or more ofthe principal accused are officials occupying the following positions in the

goernment, whether in a permanent, acting or interim capacity, at thetime of the commission of the offense!

&/" o. @=?",

specifically including!

&a" *roincial goernors, icegoernors, members of the sangguniangpanlalawigan, and proincial treasurers, assessors, engineers, and other proincialdepartment heads;

&b" 4ity mayors, icemayors, members of the sangguniang panlungsod, citytreasurers, assessors, engineers, and other city department heads;

&c" * chief superintendent and *>* officers of higher ran7;

&f" 4ity and proincial prosecutors and their assistants, and officials andprosecutors in the


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b. o. -= further specifically includedthe following officials asfalling within the original jurisdiction of the 1andiganbayan!

&a" *roincial goernors, icegoernors, members of the sangguniangpanlalawigan, and proincial treasurers, assessors, engineers, and other proincialdepartment heads;

&b" 4ity mayors, icemayors, members of the sangguniang panlungsod, citytreasurers, assessors, engineers, and other city department heads;

&c"


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higher ran7;

&e" *>* chief superintendent and *>* officers of higher ran7;

&f" 4ity and proincial prosecutors and their assistants, and officials and

prosecutors in the o. /@B@, as amended by 1ection of Rep. #ct >o. -=, regardless oftheir salary grades, li7ewise fall within the original jurisdiction of the1andiganbayan.

2Kad it been the intention of 4ongress to confine the original jurisdiction of the1andiganbayan to iolations of Rep. #ct >o. +B/- only to officials in the e5ecutie

branch with 1A or higher, then it could just hae ended paragraph &/" of 1ection0 a. of *.D. >o. /@B@, as amended by 1ection of Rep. #ct >o. -=, "it! t!e&!r$#e offi1i$l# of t!e ee1'ti4e 3r$(1! o11'&yi() t!e &o#itio(# of re)io($l

dire1tor $(d !i)!er9 ot!er"i#e 1l$##ified $# )r$de 2> $(d !i)!er9 of t!e

Co%&e(#$tio( $(d Po#itio( Cl$##ifi1$tio( A1t of ,-=-. o./@B@, as amended by 1ection of Rep. #ct >o. -=, Co()re## i(1l'ded #&e1ifi1offi1i$l#9 "it!o't $(y refere(1e $# to t!eir #$l$ry )r$de#. 4learly, therefore,4ongress intended these officials, re)$rdle## of t!eir #$l$ry )r$de#, to bespecifically included within the 1andiganbayans original jurisdiction, for had it

been otherwise, then there would hae been no need for such enumeration. It i#$io%$ti1 i( le)$l !er%e(e'ti1# t!$t "ord# i( $ #t$t'te #!o'ld (ot 3e 1o(#tr'ed

$# #'r&l'#$)e if $ re$#o($3le 1o(#tr'1tio( "!i1! "ill )i4e t!e% #o%e for1e $(d

%e$(i() i# &o##i3le.+Ri1$rdo S. I(di() 4. Ho(. S$(di)$(3$y$( $(d t!e Peo&leof t!e P!ili&&i(e#9 G.R. No. ,7-9


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9etro 9anila, where such alue e5ceeds )ifty %housand *esos &*h=B,BBB.BB" e5cept actions for forcible entry into and unlawful detainer oflands or buildings, original jurisdiction oer which is conferred upon9etropolitan

%rial 4ourts &9o%4", 9unicipal %rial 4ourts &9%4" and 9unicipal 4ircuit

%rial 4ourts &94%4";

&+" In all actions in admiralty and maritime jurisdiction where the demand orclaim e5ceeds *h BB,BBB.BB, or in 9etro 9anila, where such demand orclaim e5ceeds *h 0BB,BBB.BB";

&0" In all matters of probate, both testate and intestate, where the gross alue ofthe estate e5ceeds *hBB,BBB.BB or, in probate matters in 9etro 9anila,where such gross alue e5ceeds *h 0BB,BBB.BB" mounts automaticallye5panded per proision of R.#. @-/ fie years after effectiity rec7oned on#pril /=, /--0"

&=" In all actions inoling the contract of marriage and marital relations;

&@" In all cases not within the e5clusie jurisdiction of any court, tribunal,person or body e5ercising judicial or quasijudicial functions;

&" In all ciil actions and special proceedings falling within the e5clusieoriginal jurisdiction of a $uenile and Domestic Relations 4ourts &)amily4ourts R.#. ?+@-" and of the 4ourts of #grarian Relations as now proidedin the law; and

&?" In all other cases in which the demand, e5clusie of interest, d$%$)e# of"!$te4er 8i(d 9 $ttor(ey# fee#9 liti)$tio( e&e(#e#9 $(d 1o#t or t!e4$l'e of t!e &ro&erty i( 1o(tro4er#y e1eed# P! ,9. or9 i( #'1!

ot!er 1$#e# i( Metro M$(il$9 "!ere t!e de%$(d9 e1l'#i4e of t!e $3o4e5

%e(tio(ed ite%# e1eed# P! 29. +Se1tio( ,-9 B.P. Bl). ,2-9 $#

$%e(ded 3y Se1tio( ,9 R.A. >-,0.

Note#: Items = and of the enumeration hae been modified byRepublic #ct ?+@-, #ct (stablishing )amily 4ourts Aranting %hem(5clusie


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&/" 4riminal case where one or more of the accused is beloweighteen &/?"years of age but not less than nine &-" years ofage, or where one or more of the ictims is a minor $t t!eti%e of t!e 1o%%i##io( of t!e offe(#e: *roided, %hat if the

minor is found guilty, the court shall promulgate sentence andascertain any ciil liability which the accused may haeincurred. %he sentence, howeer, shall be suspended withoutneed of application pursuant to *D @B+, otherwise 7nown asthe 24hild and Pouth Welfare 4ode.

&" *etitions for guardianship, custody of children, !$3e$#1or&'# i( rel$tio( to t!e l$tter &guardianship, custody ofchildren"

&+" *etitions for adoption of children and the reocation thereof;

&0" 4omplaints for annulment of marriage, declaration of nullityof marriage and those relating to marital status and propertyrelations of husband and wife or those liing together underdifferent status and agreements, and petitions for dissolutionof conjugal partnership of gains;

&=" #ction for support and ac7nowledgment;

&@" 1ummary judicial proceedings brought under the proisionsof (5ecutie o. B-, otherwise 7nown as the )amily4ode of the *hilippines.

&" *etitions for declaration of status of children as abandoned,Dependent or neglected children, petitions for oluntary orinoluntary commitment of children; the suspension,termination, or restoration of parental authority and othercases cogni6able under *D @B+ and other related laws;

&?" *etitions for the constitution of the family home;

&-" 4ases against minors cogni6able under the Dangerous Drugs#ct, as amended;

&/B" Jiolations of Republic #ct >o. @/B otherwise 7nown asthe 21pecial *rotection of 4hildren #gainst 4hild #buse,

(5ploitation and Discrimination #ct, as amended by R.#.@=?; and

&//" 4ases of domestic iolence against!

&a" Women : which are acts of genderbased iolence that

result, or li7ely to result, in physical, se5ual orpsychological harm or suffering to women; and other

/?


19/198

forms of physical abuse such as battering or threats and coercion which iolates a womans personhood,

integrity and freedom of moement, and

&b" 4hildren : which include the commission of all forms

of abuse, neglect, cruelty, e5ploitation, iolence, anddiscrimination and all other conditions prejudicial

to their deelopment

If an act constitutes a criminal offense, the accused orbatterer shall be subject to criminal proceedings and thecorresponding penalties. If any question inoling any ofthe aboe matters should arise as an incident in any case

pending in the regular courts, said incident shall bedetermined in that court &1ection ="

.=.. Metro&olit$( Tri$l Co'rt#M'(i1i&$l Tri$l Co'rt#

.=../ $urisdiction of 9etropolitan %rial 4ourts, 9unicipal %rial 4ourtsand 9unicipal 4ircuit %rails 4ourts in 4iil 4ases

.=.././. (5panded $urisdiction of both 9%4 &R.#. @-/"

Gnder O1ection + of R.#. @-/, the term 29unicipal %rial 4ourtsas used in these Rules shall include 9etropolitan %rial 4ourts &9%4",9unicipal %rial 4ourts in cities &9%44" and 9unicipal 4ircuit %rial 4ourts&94%4".

%hese 9%4s and 94% 4ourts &94%4


20/198

ownership, the issue of ownership shall be resoled only to determinethe issue of possession; and

&+" E1l'#i4e ori)i($l ?'ri#di1tio( in all ciil actions which inole titleto, or possession of, real property, or any interest therein where the

assessed alue of the property or interest therein does not e5ceed *hB, BBB.BB or, in ciil actions in 9etro 9anila, where such

assessed alue does not e5ceed *h=B,BBB.BB e5clusie of interest,damages of whateer 7ind, attorneys fees, litigation e5penses andcosts! *roided, %hat in cases of land not declared for ta5ation

purposes, the alue of such property shall be determined by theassessed alue of the adjacent lots. &1ec. ++. '.*. /- as amended by1ection +, R.#. @-/".

&a" Dele)$ted ?'ri#di1tio(

9etropolitan %rial 4ourts, 9unicipal %rial 4ourts, and 9unicipal4ircuit %rial 4ourts &94%4" %$y 3e $##i)(edby the 1upreme 4ourtto hear and determine 4adastral or land registration cases coeringlots where there is no controersy or opposition, or contested lots

where the alue of which does not e5ceed *h /BB,BBB.BB pesos, suchalue to be ascertained by the affidait of the claimant or byagreement of the respectie claimants if there are more than one, orfrom the corresponding ta5 declaration of the real property. %heirdecisions in these cases shall be appealable in the same manner asdecisions of the Regional %rial 4ourts &1ection +0, '* 'lg. /- asamended by 1ec. 0, R.#. @-/"

.=.?. S!$ri$ Co'rt#

2%here are hereby created, as part of the judicial system, courts of limitedjurisdiction, to be 7nown respectiely as 1haria District 4ourts and 1haria4ircuit 4ourts, which shall e5ercise powers and functions in accordance withthis title.

1haria courts and the personnel thereof shall be subject to theadministratie superision of the 1upreme 4ourts rt. /+, *.D. /B?+".

.=.?./. S!$ri$ Di#tri1t Co'rt#

$. Ori)i($l


21/198

regardlessof the nature or the aggregate alue of the property;

&c" *etitions for the declaration of absence and death and for thecancellation or correction of entries in the 9uslim Registries

mentioned in %itle JI of 'oo7 %wo of this 4ode.

&d" #ll actions arising from customary contracts in which the parties are9uslims, if they hae not specified which law shall goern theirrelations; and

&e" #ll petitions for mandamus, prohibition, injunction, certiorari, habeascorpus, and all other au5iliary writs and processes in aid of itsappellate jurisdiction.

+20 Co(1'rre(tly "it! ei#ti() 1i4il 1o'rt#, the 1hariQ District 4ourtshall hae ori)i($l ?'ri#di1tio(oer!

&a" *etitions by 9uslims for the constitution of family home,change of name and commitment of an insane person to anasylum;

&b" #ll other personal and real actions not mentioned in paragraph/ &d" wherein the parties inoled are 9uslims e5cept thosefor forcible entry and unlawful detainer, which shall fall underthe e5clusie original jurisdiction of the 9unicipal; 4ircuit4ourts; and

&c" #ll special ciil actions for interpleader or declaratory reliefwherein the parties are 9uslims or the property inoled

belongs e5clusiely to 9uslims, *D. /B?+. rt /0+"

3. A&&ell$te


22/198

&/" #ll cases inoling offenses defined and punished under this4ode.

&a" #ll ciil actions and proceedings between parties who

are 9uslims hae been married in accordance with #rticle /+inoling disputes relating to!

a" 9arriage;b" Diorce recogni6ed under this 4ode;c" 'etrothal or breach of contract to marry;d" 4ustomary dowry &mahr";e" Disposition and distribution of property upon diorce;f" 9aintenance and support, and consolatory gifts

&mut%a&;g" Restitution of marital rights.

&+" #ll cases inoling disputes relatie to communal properties&Arti1le ,//9 PD ,=7"

O4er #%$ll 1l$i%#

1(4%I /. %itle.N%his Rule shall be 7nown as 2%he Ruleof *rocedure for 1mall 4laims 4ases.

1(4. . 1cope.N%his Rule shall goern the procedure inactions before the 9etropolitan %rial 4ourts, 9unicipal %rial4ourts in 4ities, 9unicipal %rial 4ourts and 9unicipal 4ircuit%rial 4ourts for payment of money where the alue of claimsdoes not e5ceed


23/198

/. 4ontract of 8ease;. 4ontract of 8oan;+. 4ontract of 1erices;0. 4ontract of 1ale; or=. 4ontract of 9ortgage;

&b" )or damages arising from any of the following!

/. )ault or negligence;. Huasicontract; or+. 4ontract;

&c" %he enforcement of a barangay amicable settlement or anarbitrationaward inoling a money claim coered by this Rule pursuant to1ec. 0/

of Republic #ct /@B, otherwise 7nown as the 8ocal Aoernment4ode of/--/.

1(4.=. 4ommencement of 1mall 4laims #ction.N# smallclaims action is commenced by filing with the court an accomplishedand erified 1tatement of 4laim &)orm /144" in duplicate,accompanied by a 4ertification of >onforum 1hopping &)orm /#,144", and two &" duly certified photocopies of the actionabledocuments subject of the claim, as well as the affidaits of witnessesand other eidence to support the claim. >o eidence shall be allowedduring the hearing which was not attached to or submitted togetherwith the 4laim, unless good cause is shown for the admission ofadditional eidence. >o formal pleading, other than the 1tatement of4laim described in this Rule, is necessary to initiate a small claimsaction.

1(4.@. $oinder of 4laims.N*laintiff may join in a singlestatement of claim one or more separate small claims against adefendant proided that the total amount claimed, e5clusie of interestand costs, does not e5ceed */BB,BBB.BB

1(4.//. Response. N %he defendant shall file with the court andsere on the plaintiff a duly accomplished and erified Responsewithin a none5tendible period of ten &/B" days from receipt ofsummons. %he Response shall be accompanied by certified

photocopies of documents, as well as affidaits of witnesses and othereidence in support thereof. >o eidence shall be allowed during thehearing which was not attached to or submitted together with theResponse, unless good cause is shown for the admission of additionaleidence. %he grounds for the dismissal of the claim, under Rule /@ ofthe Rules of 4ourt, should be pleaded.

1(4./. (ffect of )ailure to )ile Response. N 1hould the

+


24/198

defendant fail to file his Response within the required period, andli7ewise fail to appear at the date set for hearing, the court shall render

judgment on the same day, as may be warranted by the facts. 1houldthe defendant fail to file his Response within the required period butappears at the date set for hearing, the court shall ascertain what

defense he has to offer and proceed to hear, mediate or adjudicate thecase on the same day as if a Response has been filed.

1(4. /0. *rohibited *leadings and 9otions. N %hefollowing pleadings, motions, or petitions shall not be allowed in thecases coered by this Rule!

&a" 9otion to dismiss the complaint;

&b" 9otion for a bill of particulars; &c" 9otion for new trial, or for reconsideration of a judgment, or for reopening of trial;

&d" *etition for relief from judgment; &e" 9otion for e5tension of time to file pleadings, affidaits, or any

other paper; &f" 9emoranda; &g" *etition for certiorari, mandamus, or prohibition against any interlocutory order issued by the court; &h" 9otion to declare the defendant in default; &i" Dilatory motions for postponement; &j" Reply; &7" %hirdparty complaints; and &l" Interentions.

1(4./. #ppearance of #ttorneys >ot #llowed.N>oattorney shall appear in behalf of or represent a party at the hearing,unless the attorney is the plaintiff or defendant.

1(4.+. Decision.N#fter the hearing, the court shall renderits decision on the same day, based on the facts established by theeidence &)orm /+144". %he decision shall immediately be entered

by the 4ler7 of 4ourt in the court doc7et for ciil cases and a copy

thereof forthwith sered on the parties. %he decision shall be finaland unappealable.

. Tot$lity r'le

1ection ++ &/" of '.*. 'lg. /-E-F states, among others, that2where there are seeral claims or causes of action between the sameor different parties, embodied in the same complaint, t!e $%o'(t oft!e de%$(d #!$ll 3et!e tot$lity of t!e 1l$i%# i( $ll t!e 1$'#e# of

$1tio(, irrespectiveof whether the causes of action arose out of thesame or different transactions.

+. Ci4il Pro1ed're

0


25/198

+././. Me$(i() of ordi($ry 1i4il $1tio(

# ciil action is one by which a party sues another for theenforcement or protection of a right, or the preention or redress of a

wrong. &1ection + par. , Rule /, Rules of 4ourt".

+./. Me$(i() of #&e1i$l 1i4il $1tio(#&proceedings"

#re remedies to establish a status, a right, or a particular fact, andnot to eery other remedy. T!e#e re%edie# $re: certiorari,

prohibition, mandamus, quo warranto, eminent domain, foreclosure ofmortgage, partition, forcible entry and detainer, and contempt.

+./.+. Me$(i() of 1ri%i($l $1tio(#

# criminal action is one by which the 1tate prosecutes a person foran act or omission punishable by law.

+./.0. Ci4il $1tio(# 4er#'# #&e1i$l &ro1eedi()#

#n action is a for%$l de%$(dof ones right in a court of justice inthe manner prescribed by the court or by the law. Remedies are soughtaccording to established rules.

1pecial proceeding is $&&lied for i( order toestablish the statusor right of a party, or a particular fact. Gnless the statute so proides,in special proceedings no formal pleadings are required. *recisely, theremedy is granted upon an application or motion.

+./.= Per#o($l $1tio(# $(d re$l $1tio(#

# &er#o($l $1tio(is one founded on priity of contract or therecoery of personal property, for the enforcement of some contract orfor the recoery of damages for breach of contract, or for the recoeryof damages for the commission of an injury to the person or property &

S'lt$(


26/198

no priity of contract. %his action must be brought in a particularplace.

%ransitory action is founded on priity of contract between theparties. *recisely, this action must be brought in the place where the

party resides.

7.,.>. A1tio(# i( &er#o($%9 i( re%9 $(d '$#i i( rem

'ccion in personam: the object of the suit is to establish a claimagainst some particular person, with judgment which generally, intheory, binds his body, or to bar some indiidual claim or objection, sothat only certain persons are entitled to be heard in defense. &A.R. >o./=?0B. $anuary /, BB=, )I8# D 8#P>< $(>1(>, respondent".

'ccion in rem : the object is to bar indefinitely all who might beminded to ma7e an objection of any sort against the right sought to beestablished, and if any one in the world has a right to be heard on thestrength of alleging facts, which if true, show an inconsistent interest,the proceedings is (n )em &>9 R, %(R(1I%# 1.D# AD #R1(>I< 4. 'I)#4I


27/198

aid or protection in case of danger to life or property

#ccording to the >ew 4iil 4ode, #'1! 1i4il $1tio( #!$ll&ro1eed i(de&e(de(tly of t!e 1ri%i($l &ro#e1'tio(9 and shallre'ire o(ly $ &re&o(der$(1e of e4ide(1e.

In sum, there are e1e&tio(#&ro4ided 3y t!e Ci4ilCodeto the rule that once the criminal action has been commenced,the civil action !or damages arising !rom the o!!ense charged shall be

suspendeduntil the fi($l ter%i($tio( of t!e 1ri%i($l $1tio(9to wit!

/" Where the ciil action is based on an obligation notarising from act or omission of the ciil action is culpacontractual, culpa aquiliana rt. +/ /, >44";

" Where the law grants to the injured party the right to

institute a ciil action which is entirely separate andindependent from the criminal action, such as when theaction is based on

a" interferences by public officers or employees or bypriate indiiduals with ciil right and liberties;

b" defamation;c" fraud;

d" physical injuries or; e" refusal or neglect of a cityor

municipal police officer to render aid orprotection in case of danger to life or propertyrts. +, ++, +0, >44"

+" Where the question to be resoled in the ciil action isprejudicial to the criminal action rt. +@"

+.. C$'#e of $1tio(

+../ 9eaning of cause action

# cause of action is the $1tor o%i##io(by which a party

iolates a right of another &1ection , Rule , Rules of 4ourt". It is thedelict or wrong by which t!e ri)!t of t!e &l$i(tiff i# 4iol$ted 3y t!edefe(d$(t. %he question as to whether a plaintiff has a cause of actionis determined by the $4er%e(t# i(t!e &le$di()#pertaining to theacts of the defendant but whether such acts gie him a right of actionisdeter%i(ed 3y #'3#t$(ti4e l$" &Inson . 4ourt of #ppeals, AR. >o./B@0+@, December ?, /--0, = 14#D +=, +- 14R# =?".

+... Right of action ersus cause of action

Ri)!t of $1tio( C$'#e of $1tio( /. It is a remedial right. /. # formal statement of


28/198

operatie facts thatgie rise to suchremedial right

. # matter of right that depends . 9atter of statement and

on substantie law. is goerned by the law of procedure.

+. Right of action springs from the +. When there is an inasion cause of action, but does not of primary rights, then accrue until all the facts which and only then does the

constitute the cause of action adjectie or remedial law hae occurred. become operatie.

+..+. $il're to #t$te $ 1$'#e of $1tio(

#s defined in 1ection , Rule of the Rules of 4ourt, acause of action is the act or omission by which a party iolates theright of another. In relation to a complaint, it is a formal statement ofthe operatie facts that gie rise to a remedial right. %he question ofwhether the complaint states a cause of action is determined by itsaerments regarding the acts committed by the defendant. %hus, itmust contain a concise statement of the ultimate or essential factsconstituting the plaintiffCs cause of action. #s such, the f$il're to%$8e $ #'ffi1ie(t $lle)$tio( of $ 1$'#e of $1tio( i( t!e 1o%&l$i(t

"$rr$(t# it# di#%i##$l. Its essential elements are as follows!

/. # right in faor of the plaintiff by whateer means and underwhateer law it arises or is created;

. #n obligation on the part of the named defendant to respect ornot to iolate such right; and

+. #ct or omission on the part of such defendant in iolation ofthe right of the plaintiff or constituting a breach of the obligation ofthe defendant to the plaintiff for which the latter may maintain anaction for recoery of damages or other appropriate relief.


29/198

When a defendant see7s the dismissal of the complaint through amotion to dismiss, the sufficiency of the motion should be tested ont!e #tre()t! of t!e $lle)$tio(# of f$1t# 1o(t$i(ed i( t!e 1o%&l$i(t

$(d o( (o ot!er 3$#i#. %he issue of whether or not the complaint

failed to state a cause of action, warranting its dismissal, must bepassed upon on the basis of the allegations stated therein assumingthem to be true and the court cannot inquire into the truth of theallegations and declare them to be false; otherwise, it would be a

procedural error and a denial of due process to the plaintiff

%his 4ourt finds that petitioners raised the threshold question ofwhether the complaint sufficiently alleges a cause of action.

Kence, the trial court should hae granted petitioners motion for apreliminary hearing on the affirmatie defenses raised in the answer

based on failure to state a cause of action. %his procedure is designedto preent a tedious, if not traumatic, trial in case the complaint fallsshort of sufficiently alleging a cause of action &ir#t B$r(1or&. I(1. 4C$lle?o 9 Sr. $(d Ho(or$3le Co'rt of A&&e$l# $(d


30/198

+..= S&litti() $ #i()le 1$'#e of $1tio( $(d it# effe1t#

If two or more suits are instituted on the basis of the same cause ofaction, the filing of one or a judgment upon the merits in any one isaailable as a ground for the dismissal of the others &1ection 0, Rule

R4".

+..=./. %he rule against splitting a single cause of action applies notonly to complaints but also to counterclaims and crossclaims. %hismay be set up either by motion to dismiss or by affirmatie defense onthe ground of pendency of another action between the same parties forthe same cause or bar by prior judgment &)eria".

+..=.. W!$t i# &ro!i3ited 3y t!i# r'leF

# single right iolated might gie rise to more than one relief.

%he filing of separate complaints for those seeral reliefs constitutessplitting cause of action.

+..=.+. 1ection 0. 1plitting a single cause of action; effect of. N If

two or more suits are instituted on the basis of the same cause of action, thefiling of one or a judgment upon the merits in any one is aailable as aground for the dismissal of the others.

%he petitioners were not at liberty to split their demand to enforce orrescind the deed of sale with assumption of mortgage and to prosecute

piecemeal or present only a portion of the grounds upon which a special reliefwas sought under the deed of sale with assumption of mortgage, and then toleae the rest to be presented in another suit; otherwise, there would be noend to litigation. %heir splitting iolated the policy against multiplicity ofsuits, whose primary objectie was to aoid unduly burdening the doc7ets ofthe courts. %heir contraention of the policy merited the dismissal of 4iil4ase >o. /=/ on the ground of bar by res judicata &CATALINA B. CHU9THEANLYN B. CHU9THEAN CHING LEE B. CHU9 THEAN LEEWN B. CHU9 $(d MARTIN

LAWRENCE B. CHU9Petitio(er#5 4er#'# N. CUNANAN9 BENELDA ESTATE DE;ELOPMENT

CORPORATION9 $(d SPOUSES AMADO E. CARLOS$(d GLORIA A. CARLOS9

Re#&o(de(t# G.R. No. ,/,=/ Se&te%3er ,29 2,,0

+..@.


31/198

defendant from being e%3$rr$##edor to &'t e&e(#ein connection withproceedings in which they hae no interest.

(5ample! %wenty &B" school teachers were permitted to bring a jointcomplaint against the school owner to collect three &+" months salary each.

Kenceforth, the amount of the claim determining jurisdiction of the court isthe aggregate total of the claim joined inasmuch as they are demands ofmoney as proided in the last par. of Rule , 1ection ="

+30%he joinder shall not include #&e1i$l 1i4il $1tio(#or $1tio(# )o4er(ed3y #&e1i$l r'le#;

Note#: ,0 S&e1i$l 1i4il $1tio(#for forcible entry or unlawful detainercannot be joined with $( ordi($ry $1tio(for collection of sum of money.

20 4ases goerned by the R'le# o( S'%%$ry Pro1ed'recannot

be joined with cases goerned by the re)'l$r r'le# of &ro1ed're !e(1ethere can be no joinder of action for ejectment with that of recoery ofownership because the former is summary in nature while the latter requiresfull blown trial on the merits.

KWhere the causes of action are between the same parties but pertain todifferent enues or jurisdictions, the joinder may be allowed in the R%4

proided one of the causes of action falls within the jurisdiction of said courtand the enue lies therein; and

+d0Where the claims in all the causes of action are principally forrecoery of money, the aggregate amount claimed shall be the test of

jurisdiction +Se1tio( /9 R'le 29 C$'#e# of A1tio("

+.+. P$rtie# to 1i4il $1tio(#

+.+./. Real parties in interest; indispensable parties; representaties as parties;necessary parties; indigent parties; alternatie defendants

+.+././ W!o %$y 3e &$rtie# to 1i4il $1tio(#F

2


32/198

Rule +"

+.+./.+. I(di#&e(#$3le &$rtie#

#re those "!o#e i(tere#t# "ill 3e $ffe1tedby the courts action in the

litigation, and "it!o't "!o% (o fi($l deter%i($tio( of t!e 1$#e1$( 3e!$d. %he partys interest in the subject matter of the suit and in the reliefsought are so ine5tricably intertwined with the other parties that his legal

presence as a party to the proceeding is an absolute necessity. In his absence,there cannot be a resolution of the dispute of the parties before the courtwhich is effectie, complete, or equitable &Ar1elo($ 4. CA9 G.R. No.,2-9 O1t. 29 ,-->9 2= SCRA 20.

+.+./.0. Re&re#e(t$ti4e# $# &$rtie#

2Where the action is allowed to be &ro#e1'ted or defe(dedby

representatie or someone $1ti() i( $ fid'1i$ry 1$&$1ity9 the beneficiaryshall be included in the title of the case and shall be deemed to be the real

party in interest. # representatie may be a trustee of an e5press trust, aguardian, an e5ecutor or administrator, or a party authori6ed by law or theseRules. #n agent acting in his own name and for the benefit of an undisclosed

principal may sue or be sued "it!o'tjoining the principal e1e&t "!e( t!e1o(tr$1t i(4ol4e# t!i()# 3elo()i() to t!e &ri(1i&$l* &1ection +, Rule +"

#rt. /??+ of >44 proides! 2If an agent acts in his own name, t!e&ri(1i&$lhas (o ri)!t of $1tio( $)$i(#t t!e &er#o(# with whom the agenthas contracted; (eit!er !$4e #'1! &er#o(# $)$i(#t t!e &ri(1i&$l..

2In such case, the agent is the one directly bound in faor of the personswith whom he has contracted, as if the transaction were his own, e1e&t"!e( t!e 1o(tr$1t i(4ol4e# t!i()# 3elo()i() to t!e &ri(1i&$l.*

+.+./.=. Ne1e##$ry &$rtie#

2# necessary party is one who is not indispensable but who o')!t to 3e?oi(edas a party if 1o%&lete relief i# to 3e $11orded $# to t!o#e $lre$dy&$rtie#9 or for a 1o%&lete deter%i($tio( or settlement of the claim subject

of the action &1ection ?, Rule +".

+.+./.@. I(di)e(t &$rtie#

2# party may be authori6ed to litigate his action, claim or defense as anindigent if the court, upon e5 parte application and hearing, is satisfied thatthe party is one who !$# (o %o(ey or &ro&erty sufficient and aailable forfood, shelter and basic necessities for himself and his family &1ection /,Rule +".

+.+./.@ a" 2*auperlitigants e5empt from payment of legal fees. : *auper

litigants! /" whose gross income and that of their immediate family do not

+


33/198

e5ceed *h 0,BBB.BB a month if residing in 9etro 9anila, and *h +,BBB.BB amonth if residing outside 9etro 9anila; " who do not own real property with an assessed alue of more than*h =B,BBB.BB" shall be e5empt from the payment of legal fees.

2%he legal fees shall be a lien of any judgment rendered in the casefaorably to the pauperlitigant, unless the court otherwise proides.

+.+./.. Alter($ti4e defe(d$(t#

2Where the plaintiff is uncertain against who of seeral persons he isentitled to relief, he may join any or all of them as defendants in thealternatie, although a right to relief against one may be inconsistent with aright of relief against the other &1ection /+, Rule"

+.+.. 4ompulsory and permissie joinder of parties

+.+../. Co%&'l#ory ?oi(der of i(di#&e(#$3le &$rtie#

2*arties in interest without whom no final determination can be had of anaction shall be joined as plaintiffs or defendants &1ection , Rule +".

+.+... Per%i##i4e ?oi(der of &$rtie#

#ll persons in whom or against whom any right to relief in respect to orarising out of the same transaction or series of transactions is alleged to e5ist,whether jointly, seerally, or in the alternatie may, e5cept as otherwise

proided in these Rules, joint as plaintiffs or be joined as defendants in onecomplaint, where any question of law or fact common to all such plaintiffs orto all such defendants may arise in the action; but the court may ma7e suchorders as may be just to preent any plaintiff or defendant from beingembarrassed or put to e5pense in connection with any proceedings in whichhe may hae no interest &1ection @, Rule +".

+.+.+. Mi#?oi(der $(d (o(5?oi(der of &$rtie#

Neit!ermisjoinder nor nonjoinder of parties i# $ )ro'(d for di#%i##$l

of$( $1tio(. *arties may be dro&&ed or $ddedby order of t!e 1o'rt onmotion of any party or on its own initiatie $t $(y #t$)e of t!e $1tio( and onsuch terms as are just. #ny claim against a misjoined party may be seeredand proceeded with separately &1ection //, Rule +".

+.+.0. Cl$## #'it

2When the subject matter of the controersy is one of 1o%%o( or )e(er$li(tere#tto many persons #o ('%ero'#that it is impracticable to join all as

parties, $ ('%3er of t!e%which the court finds to be #'ffi1ie(tly ('%ero'#$(d re&re#e(t$ti4eas to f'lly &rote1t t!e i(tere#t# of $llconcerned may

#'eor defe(dfor the benefit of all &1ection /, Rule +".

++


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+.+.=. S'it# $)$i(#t e(titie# "it!o't ?'ridi1$l &er#o($lity

2When two or more persons not organi6ed as an entity with juridicalpersonality enter into a transaction, they may be sued under the name bywhich they are generally or commonly 7nown.

OI( t!e $(#"er of #'1! defe(d$(t9 t!e ($%e# $(d $ddre##e# of t!e&er#o(# 1o%&o#i() #$id e(tity %'#t $ll 3e re4e$led &1ection /=, Rule +".

+.+.@. Effe1t of de$t! of &$rty liti)$(t

2Wheneer a party to a pending action dies, and t!e 1l$i% i# (ot t!ere3yeti()'i#!ed9 it shall be the d'ty of !i# 1o'(#elto i(for% t!e 1o'rtwithint!irty +70 d$y#after his death of the fact thereof, and to gie the name andaddress of his legal representaties. $il're of 1o'(#elto comply with thisduty shall be $ )ro'(d for di#1i&li($ry $1tio(.

2%he heirs of the deceased %$y 3e $llo"ed to 3e #'3#tit'ted for t!ede1e$#ed9without requiring the appointment of an e5ecutor or administratorand the court may appoint )'$rdi$( $d lite% for t!e %i(or !eir#.

2%he court shall forthwith order said legal representatie orrepresentaties to appear and be substituted within a period of thirty &+" daysfrom notice.

2If no legal representatie is named by the counsel for the deceased party,or if the one so named shall fail to appear within the specified period, thecourt%$y order t!e o&&o#i() &$rty9 "it!i( $ #&e1ified ti%e9 to &ro1'ret!e $&&oi(t%e(t of $( ee1'tor or $d%i(i#tr$tor for t!e e#t$te of t!e

de1e$#ed $(d t!e l$tter #!$ll i%%edi$tely $&&e$r for $(d o( 3e!$lf of t!e

de1e$#ed. %he court charges in procuring such appointment, if defrayed bythe opposing party, may be recoered as costs &1ection /@, Rule +".

+.0 ;e('e

Jenue is the place where an action must be instituted and tried. It hasnothing to do with jurisdiction, e5cept in criminal actions where enue is

jurisdictional &U(i%$#ter# Co()lo%er$te#9 I(1. 4. Co'rt of A&&e$l#9 G.R.,,-/>9 e3r'$ry >9 ,-->9 2> SCRA >/-0.

+.0./. ;e('e 4er#'# ?'ri#di1tio(

Jenue of an action as fi5ed by statute %$y 3e 1!$()ed 3y t!e 1o(#e(t oft!e &$rtie#9 and an o3?e1tio( o( i%&ro&er 4e('e %$y 3e "$i4edby thefailure of the defendant to raise it at the proper time. In such an eent9 t!e1o'rt %$y #till re(der $ 4$lid ?'d)%e(t. Jenue is procedural, not

jurisdictional and hence may be waied. It is mean to &ro4ide 1o(4e(ie(1eto the parties, rather than restrict their access to the courts as it related to the

place of trial.

+0


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$urisdiction oer the subject matter or natural of an action is conferred bylaw. It may not be conferred by consent or waier upon a court whichotherwise would hae no jurisdiction oer the subject matter of an action&R'dolf Liet@ Holdi()# 4. Re)i#try of Deed# of P$r$($'e City ,7729G.R. No. ,772. No4e%3er ,/9 20.

2%hus unless and '(til t!e defe(d$(t o3?e1t# to t!e 4e('e i( $ %otio(to di#%i##9 the enue cannot be truly said to hae been improperly laid, as forall practical intents and purposes, the enue, though technically wrong, may

be acceptable to the parties for whose conenience the rules on enue hadbeen deised. T!e tri$l 1o'rt 1$((ot &re5e%&t t!e defe(d$(t#&rero)$ti4e to o3?e1tto the improper laying of enue by motu propriodismissing the case +D$1oy1oy 4#. IAC9 ,-/ SCRA ,0.

+.0... ;e('e of re$l $1tio(#

2#ctions $ffe1ti() titleto or &o##e##io( of re$l &ro&erty, or i(tere#ttherein shall be commenced and tried in the &ro&er 1o'rt "!i1! !$#

?'ri#di1tio( o4er t!e $re$ wherein the real property inoled or a portionthereof is #it'$ted.

2or1i3le e(tryand det$i(er $1tio(#shall be 1o%%e(1ed $(d triedinthe %'(i1i&$l tri$l 1o'rt of t!e %'(i1i&$lity or 1ity "!erei( t!e re$l&ro&erty i(4ol4ed9 or $ &ortio( t!ereof9 i# #it'$ted. &1ection /, Rule 0".

+.0.+. ;e('e of &er#o($l $1tio(#

2#ll other actions may be commenced and tried where the plaintiff or anyof the principal plaintiffs resides, or where the defendant or any of the

principal defendants resides, or in case of a nonresident defendant where hemay be found, $t t!e ele1tio( of t!e &l$i(tiff &1ection , Rule 0".

+.0.0. ;e('e of $1tio( $)$i(#t (o(5re#ide(t#

If any of the defendants doe# (ot re#ideand i# (ot fo'(din the*hilippines, and the $1tio( $ffe1t# t!e &er#o($l #t$t'# of t!e &l$i(tiff, orany &ro&erty of #$id defe(d$(tlocated in the *hilippines, t!e $1tio(may

be commenced and tried in the 1o'rt of t!e &l$1e "!ere t!e &l$i(tiffre#ide#, or "!ere t!e &ro&erty or $(y &ortio( t!ereof i# #it'$ted orfo'(d &1ection +, Rule 0".

+.0.=. W!e( t!e r'le# o( 4e('e do (o $&&ly

2%his rule shall not apply :+$0in those cases where a #&e1ifi1 r'le or l$"&ro4ide# otherwise or

+30where the parties !$4e 4$lidly $)reed i( "riti()before the filing of theaction on the e5clusie enue thereof &1ection 0, Rule 0".

>ote! %he nature of the action whether real or personal is determined by the

+=


36/198

$lle)$tio(# of t!e 1o%&l$i(tor 3y t!e f'(d$%e(t$l $(d &ri%e o3?e1t $(d($t're of t!e $1tio( + Aaieres . 1anche6, -0 *hil @B, /-=0".

+.0.@. Effe1t# o( #ti&'l$tio(# o( 4e('e

Rule 0 1ection 0 proides two cases where the proisions of the Rules of4ourt on enue of action shall not apply, to wit!

a" where a specific rule or law proides otherwise or b" "!ere t!e &$rtie# !$4e 4$lidly $)reed i( "riti() 3efore t!e fili() oft!e $1tio( o( t!e e1l'#i4e 4e('e t!ereof.*

In 1ps. 8antin . 8antion, this 4ourt e5plained that a enue stipulationmust contain words that show e1l'#i4ity or re#tri1ti4e(e##, as follows!

2#t the outset, we must ma7e clear that under 1ection 0 &b" of Rule 0 of

the /-- Rules of 4iil *rocedure, the general rules on enue of actions shallnot apply where the parties, before the filing of the action, hae alidlyagreed in writing on an e5clusie enue. T!e %ere #ti&'l$tio( o( t!e 4e('eof $( $1tio(9 !o"e4er9 i# (ot e(o')! to &re1l'de &$rtie# fro% 3ri()i() $

1$#e i( ot!er 4e('e#.%he parties must be able to show that such stipulationis e1l'#i4e. In the absence of qualifying or restrictie words, the stipulationshould be deemed as merely an agreement on an additional forum, not aslimiting enue to the specified place.

4learly, the words e1l'#i4ely and 2"$i4i() for t!i# &'r&o#e $(yot!er 4e('e* are restrictie and used adisedly to meet the requirements+ PAGLAUM MANAGEMENT J DE;ELOPMENT CORP. $(d

HEALTH MARETING TECHNOLOGIES9 INC.9 Petitio(er#

5 4er#'# 5 UNION BAN O THE PHILIPPINES9 NOTARY PUBLIC


37/198

$0Co%&l$i(t: is the pleading alleging the &l$i(tiff# 1$'#e or 1$'#e# of$1tio(. %he ($%e# and re#ide(1e#of the plaintiff and defendant must bestated in the complaint &1ection , Rule @".

3" A(#"er: is a pleading in which a defending party #et# fort! !i#

defe(#e#&1ection 0, Rule @".

%he defenses may either be (e)$ti4eor $ffir%$ti4e.

i. (e)$ti4e defe(#eis the #&e1ifi1 de(i$lof the material fact or factsalleged in the pleading of the claimant essential to his cause or causes ofaction ii. (e)$ti4e &re)($(t a denial pregnant with an admission of thesubstantial facts alleged in the pleadings. It arises from a too literal denial ofthe allegations of the opponents pleadings, as a result the form and not thesubstance is denied. If defendants denial is negatie pregnant, it is equialent

to an admission &Aalofa . >ee 'on 1ing, 14R# 0?".

iii..$ffir%$ti4e defe(#e 5 is an allegation of $ (e" %$tterwhich, whilehypothetically$d%itti()the material allegations in the pleading of theclaimant, "o'ld (e4ert!ele## &re4e(t re1o4ery 3y !i%. %he affirmatiedefenses include fraud, statute of limitations, release, payment, illegality,statute of frauds, estoppel, former recoery, discharge in ban7ruptcy, and anyother matter by way of confession and aoidance &1ection =, Rule @".

10 Co'(ter1l$i%#

# counterclaim is any claim which a defending party may hae against anopposing party &1ection @, Rule @".

# counterclaim parta7es of the nature of a complaint or cause of actionagainst plaintiff &9atela . 4hau %ay, = 14R# /@+ &/-@" # cross claimant ora counterclaimant is a plaintiff on the crossclaim or counterclaim. #counterclaim must be filed against an opposing party in the same capacity heis suing &de 'orja . de 'orja, /B/ *hil. -// &/-=".

i. 4ompulsory counterclaim : is one which, being cogni6able by the

regular courts of justice, $ri#e# o'tof or is 1o((e1tedwith the transaction oroccurrence 1o(#tit'ti() t!e #'3?e1t %$tterof the opposing partys claimand doe# (ot re'ire for it# $d?'di1$tio( t!e &re#e(1e of t!ird &$rtie# ofwhom the court cannot acquire jurisdiction. S'1! $ 1o'(ter1l$i% %'#t 3e"it!i( t!e ?'ri#di1tio( of t!e 1o'rt 3ot! $# to t!e $%o'(t $(d t!e ($t're

t!ereof, e5cept that in an originalaction before the Regional Trial Court,the counterclaim may be considered compulsory regardless of the amount&1ection , Rule @".

ii. *ermissie counterclaim a counterclaim is permissie, if it doe# (ot$ri#e o't of9(or i# (e1e##$rily 1o((e1ted "it!, the subject matter of the

opposing partys claim.

+


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iii. (ffect on the counterclaim when the complaint is dismissed.

2# counterclaim is essentially au5iliary or ancillary to the maincontroersy inasmuch as it arises out of or is necessarily connected with thetransaction or occurrence that is the subject matter of the complaint. Bei()

$(1ill$ry to t!e %$i( $1tio(9 it (eed# (o i(de&e(de(t ?'ri#di1tio($l)ro'(d# to #'&&ort it9 $(d $# $ 1o(#e'e(1e9 (o ?'ri#di1tio($l $%o'(t i#

re'ired for it# $d?'di1$tio(*+, Mor$(9 ,->- ed. 7/757/0.

2When the 4ourt does not hae jurisdiction to entertain the main action ofthe case and dismissed the same, then the compulsory counterclaim, beingancillary to the principal controersy, must li7ewise be dismissed, unless ithad independent jurisdictional ground to support it +, Mor$(9 ,->- ed.7/757/0.

>ote! Gnder 1ections and +, Rule /, where the complaint is dismissed

upon motion of the plaintiff &1ection " or due to the fault of the plaintiff+1ection +", t!e defe(d$(t %$y &ro#e1'te !i# 1o'(ter1l$i% i( t!e #$%e ori( $ #e&$r$te $1tio(

d0 4rossclaim # cross claim is any claim by one party against a coparty arising out of the transaction or occurrence that is the subject mattereither of the original action or of a counterclaim therein. S'1! 1ro##51l$i%%$y i(1l'de $ 1l$i% t!$t t!e &$rty $)$i(#t "!o% it i# $##erted i# or %$y

3e li$3le to t!e 1ro##51l$i%$(t for $ll or &$rt of $ 1l$i% $##erted i( t!e

$1tio( $)$i(#t t!e 1ro##51l$i%$(t &1ection ?, Rule @".

Note! %o settle in a #i()le &ro1eedi()all the claims of the differentparties i( t!e 1$#e $)$i(#t e$1! ot!eris the purpose of crossclaim so thatmultiplicity of suit would not arise.

(5ample!

e0 %hird &fourth, etc." party complaint : is a claim that a defendingparty %$y "it! le$4e of 1o'rt9file against a person (ot $ &$rty to t!e$1tio(, called the third &fourth, etc." party defendant, for contribution,indemnity, subrogation or any other relief, in respect of his opponents claim

&1ection //, Rule @".

1ection //, Rule @ of the Rules of 4ourt allows defendant to 3ri() i( $t!ird &$rty defe(d$(t to liti)$te !i# #e&$r$te 1$'#e of $1tio( in respect of

plaintiffs claim against a third party in the original and principal case "it!t!e o3?e1t of $4oidi() 1ir1'itry of $1tio( $(d '((e1e##$ry &rolifer$tio( of

l$"#'it#and dispensing e5peditiously in o(e liti)$tio(the entire subjectmatter arising from one particular set of facts &Briti#! Air"$y# 4. CA G.R.,2,=29 0. In an action for damages based ontorts, the defendant may with leae of court file a third party complaintagainst a third person on the ground that the latters negligence is the

pro5imate cause of the accident & #'&r$".

+?


39/198

f0 4omplaintin interention %he purpose of interention is to enable astranger to an action to become a party in order for him to protect his interestand for the court to settle all conflicting claims. Interention is allowed toaoid multiplicity of suits more than on due process considerations +G.R. No.,/>>9 - A')'#t 2,9 2> SCRA ,-0

)0 Reply # reply is a pleading, the office or f'(1tio( of "!i1! i# tode(y, or $lle)e f$1t# i( de(i$l or $4oid$(1e of (e" %$tter# $lle)ed 3y "$yof defe(#ein the answer and thereby?oi( or %$8e i##'e $# to #'1! (e"%$tter#. If a party does not file such reply, all the new matters alleged in theanswer are deemed controerted.

If the plaintiff wishes to interpose any claims arising out of the newmatters so alleged, such claims shall be set forth in an amended orsupplemental complaint &1ection /B, Rule @".

E$%&le:when the defense in the answer is based on an actionabledocument, $ re&ly '(der o$t! &'r#'$(t to Se1tio( = of R'le = %'#t 3e%$de; otherwise, the genuineness and due e5ecution of the document shall bedeemed admitted & 1engco . 1ellner, + *hil. =@ &/-/".

2%o deny the genuineness and due e5ecution of an instrument, thedefe(d$(t %'#t de1l$re '(der o$t!that !e did (ot #i)(the document orthat it i# ot!er"i#e f$l#e or f$3ri1$ted. # %ere #t$te%e(t i( t!e $(#"erthat the instrument was procured by fraudulent representation doe# (ot r$i#e$(yi##'eas to its genuineness or due e5ecution &supra".

2When an $1tio(or defe(#e or defe(#e i# fo'(ded '&o( $ "ritte(i(#tr'%e(t9copied in or attached to the corresponding pleading as proidedin the preceding section, the genuineness and due e5ecution of the instrumentshall be dee%ed $d%itted '(le## t!e $d4er#e &$rty9 '(der o$t!9#&e1ifi1$lly de(ie# t!e%9 $(d #et# fort! "!$t !e 1l$i%# to 3e t!e f$1t# butthe re'ire%e(t of $( o$t! doe# (ot $&&lywhen the aderse party does (otappear to be $ &$rty to t!e i(#tr'%e(tor when compliance with an orderforan i(#&e1tio( of t!e ori)i($l i(#tr'%e(t i# ref'#ed +Se1tio( =9 R'le =0.

+.=.. Ple$di()# $llo"ed i( #%$ll 1l$i% 1$#e#and cases coered by the

Rules on 1ummary *rocedure

S%$ll 1l$i% 1$#e#

1(4. . 1cope.N%his Rule shall goern the procedure in actions beforethe 9etropolitan %rial 4ourts, 9unicipal %rial 4ourts in 4ities 9unicipal%rial 4ourts and 9unicipal 4ircuit %rial 4ourts for payment of money wherethe alue of the 1l$i% doe# (ot e1eed O(e H'(dred T!o'#$(d Pe#o#+P,9.0 exclusiveof i(tere#t $(d 1o#t#.

1(4. 0. #pplicability.N%he 9etropolitan %rial 4ourts, 9unicipal %rial

4ourts in 4ities, 9unicipal %rial 4ourts, and 9unicipal 4ircuit %rial 4ourtsshall apply this Rule in all actions which are! &a" purely ciil in nature where

+-


40/198

the claim or relief prayed for by the plaintiff is solely for payment orreimbursement of sum of money, and &b" the ciil aspect of criminal actions,either filed before the institution of the criminal action, or resered upon thefiling of the criminal action in court, pursuant to Rule /// of the ReisedRules


41/198

motion of the plaintiff, shall render judgment as may be warranted by thefacts alleged in the complaint and limited to what is prayed for therein

Se1tio( ,-. Pro!i3ited Ple$di()# $(d Motio(# 5 %he following pleadings,motions, or petitions shall (ot 3e $llo"edin the cases coered by this Rule!

+$0 Motio( for ete(#io( of ti%e to file &le$di()#9 $ffid$4it# or $(y ot!er

&$&er +EA.R. >o. //@@-=. $une B, /--F JI4%o. /=B-/ENTERPRISES9 INC.9 *etitioner, ersus CHINA BANING

CORPORATION9 Re#&o(de(t, #ugust /, BB"

0/


42/198

d0 %he signature of counsel constitutes a certificate by him that !e !$#re$d t!e &le$di() that to t!e 3e#t of !i# 8(o"led)e9 i(for%$tio(9 $(d3elief t!ere i# )ood )ro'(d to #'&&ort it $(d t!$t it i# (ot i(ter&o#ed for

del$y. Note#!

%he erb erify means you chec7 that it is true by careful e5amination orinestigation.

T!e )e(er$l r'leis that &le$di()# (eed (ot 3e '(der o$t!9erified oraccompanied by affidait. %he e1e&tio( i# "!e( #&e1ifi1$lly re'ired 3yl$" or r'le +&$r. ,9 Se1tio( 9 R'le >0.

A &le$di() i# 4erified 3y $( $ffid$4itthat the affiant has read thepleading and that the allegations therein are true and correct of !i#8(o"led)e&and belief" or 3$#ed o( $'t!e(ti1 re1ord# +&$r. 29 Se1tio( 9R'le >0.

What may be treated as unsigned pleadingL

#nswer! # pleading required to be erified which contains a erificationbased on 2information and belief, or 2upon knowledge, information andbelief, or lac7s a proper erification, shall be treated as an unsigned pleading&par. +, 1ection 0, Rule ".

Certifi1$tio( $)$i(#t for'% #!o&&i()

%he plaintiff or principal party shall certify under oath in the complaint oranne5ed thereto and simultaneously filed therewith!

&a" that !e !$# (ot t!eretofore 1o%%e(1ed $(y $1tio( or filed $(y1l$i%inoling the same issues in any court, tribunal or quasijudicialagency and, to the best of his 7nowledge, no such other action or claim is

pending therein;

&b" if there is such other action or claim, a complete statement of thepresent status thereof; and,

T if he should thereafter learn that the same or similar action or claim hasbeen filed or is pending, he shall report that fact within fie &=" daystherefrom to the court wherein his aforesaid complaint or initiatory pleadinghas been filed.

$il're to 1o%&lywith the foregoing requirements #!$ll (ot 3e 1'r$3le3y %ere $%e(d%e(t of t!e 1o%&l$i(t or ot!er i(iti$tory &le$di() butshall be 1$'#e for t!e di#%i##$l of t!e 1$#ewithout prejudice, unlessotherwise proided, upon motion and hearing. %he submission of a f$l#e1ertifi1$tio( or (o(51o%&li$(1e "it! $(y of t!e '(dert$8i()#therein shallconstitute indirect contempt of court, without prejudice to the corresponding

administratie and criminal actions. If the acts of the party or his counselclearly constitute willful and deliberate forum shopping, the same shall be

0


43/198

ground for summary dismissal with prejudice and shall constitute directcontempt, as well as a cause for administratie sanctions &1ection =, Rule ".

+.=.0. Alle)$tio(# i( $ &le$di()

$0 9anner of ma7ing allegations

(ery pleading shall contain in a methodical and logical form, a plain,concise and direct #t$te%e(t of t!e 'lti%$te f$1t#on which the party

pleading relies for his claim or defense, as the case may be, o%itti() t!e#t$te%e(t of %ere e4ide(ti$ry f$1t#.

If a defe(#e relied o( i# 3$#ed o( l$", the &erti(e(t &ro4i#io(# t!ereofand their $&&li1$3ility to !i%shall be 1le$rly $(d 1o(1i#ely #t$ted&1ection/, Rule ?".

Ulti%$te f$1t#are the essential facts constituting the plaintiffs cause of

action. # fact is essential if it 1$((ot 3e #tri18e( o'twithout leaing thestatement of the cause of action insufficient &9oran, Rules of 4ourt, Jol. /,/-@+ ed., p. /+0. It refer# to &ri(1i&$l9 deter%i($te9 1o(#tit'ti4e f$1t#9'&o( t!e ei#te(1e of "!i1! t!e e(tire 1$'#e of $1tio( re#t#&Remitere .Jda. De Pulo, A.R. >o. 8/-=/, )eb. ?, /-@@, /@ 14R# =/".

E4ide(ti$ry f$1t# are those facts which are necessary for determination ofthe ultimate facts; they are the premises upon which conclusions of ultimatefacts are based. %hey are those facts which will proe the case; matters or

particulars of eidence by which the material elements are to be established.

# pleading should state the ultimate facts essential to the right of action ordefense asserted, as distinguished from a mere conclusion of law.

(5ample of conclusion of law! #llegation of bad faith is a mere conclusionof law. %o constitute eidentiary facts there must be showing of factsconstituting bad faith on which the entire cause of action rests.

i. 4onditions precedent : In any pleading a general aerment of theperformance or occurrence of all conditions shall be sufficient &1ection +,Rule ?".

ii. )raud, mista7e, malice, intent, 7nowledge and other condition of themind, judgments, official documents or acts

2In all aerments of fr$'d or %i#t$8e, the circumstances constitutingfraud, or mista7e %'#t 3e #t$ted "it! &$rti1'l$rity. 9alice, intent,7nowledge or other condition of the mind of a person %$y 3e $4erred)e(er$lly*&1ection =, Rule ?".

2In pleading $ ?'d)%e(t or de1i#io( of $ do%e#ti1 or forei)( 1o'rt,judicial or quasijudicial tribunal, or of a board or officer, it is sufficient toaer the judgment or decision "it!o't #etti() fort!matter showing

jurisdiction to render it &1ection @, Rule ?".

0+


44/198

30 *leading an $1tio($3le do1'%e(t

2Wheneer an $1tio( or defe(#eis based upon a written instrument ordocument, the #'3#t$(1e of #'1! i(#tr'%e(t or do1'%e(t #!$ll 3e #etfort!in the pleading, and the ori)i($l or $ 1o&y t!ereof #!$ll 3e $tt$1!ed

to the pleading as an e5hibit, which shall be dee%ed to 3e $ &$rt of t!e&le$di(), or said copy may with li7e effect be set forth in the pleading&1ection , Rule ?".

101pecific denials

2When an action or defense is founded upon a written instrument, copiedin or attached to the corresponding pleading as proided in the precedingsection , the genuineness and due e5ecution of the instrument shall bedee%ed $d%itted unless the aderse party, '(der o$t!9 1*(4I)I4#88Pdenies them, and #et fort!9 "!$t !e 1l$i%# to 3e t!e f$1t# 9but there'ire%e(t of$( o$t!does not applywhen the $d4er#e &$rty doe# (ot$&&e$r to 3e $ &$rty tot!e i(#tr'%e(tor when compliance with $( orderfor an inspection of the original i# ref'#ed&1ection ?, Rule ?".

i. (ffects of failure to ma7e specific denials under oath!

a. %he genuineness and due e5ecution of the instrument is deemedadmitted;

b. %he document need not be formally offered in eidence; and

c. Where the cause of action is based on an affidait andmemorandum of quitclaim, the substance of which was properlyalleged in the complaint and copies attached thereto, thedefendant is deemed to hae admitted the genuineness anddue e5ecution of the document for failure to deny the same under

oath; 1o(#e'e(tly9 $ ?'d)%e(t o( t!e &le$di()# i# &ro&er +Di(o 4. ;$le(1i$9 G.R. No. L57==9


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support the denial. %his specific denial remoes unfair adantage,unnecessary e5penses and waste of time, 3y 1o%&elli() 3ot! &$rtie# to l$yt!eir 1$rd# o( t!e t$3le9 t!'#9 red'1i() t!e 1o(tro4er#y to it# tr'e ter%#.

+.=.= (ffect of failure to plead

i. )ailure to plead defenses and objections

a" 2Defenses and objections not pleaded eit!erin $ %otio( to di#%i##ori( t!e $(#"erare deemed "$i4ed. Koweer, when it appears from the

pleadings or the eidence on record that the court has no jurisdictionoerthe subject matter, that there is another actionpending beteen the same

partiesforthesame cause9 or t!$t t!e action is barred by prior judgmentorbystatute o! limitations, the court shall di#%i## the claim &1ection /, Rule-".

b" )ailure to plead a compulsory counterclaim and crossclaim

2# compulsory counterclaim, or a crossclaim, not set up shall be

barred &1ection , Rule -".

+.=.@. Default

a" When is a declaration of default properL

2If the defending party f$il# to $(#"erwithin the time allowed therefor,the court shall, '&o( %otio( of t!e 1l$i%i() &$rtywith (oti1e to t!edefe(di() &$rty, and &roof of such failure, declare the defending party indefault %hereupon, the court shall &ro1eed to re(der ?'d)%e(t granting theclaimant such relief as his pleading may warrant, unless the court in itsdiscretion requires the claimant to submit eidence. 1uch reception ofeidence may be delegated to the cler7 of court &1ection +, Rule -"

b" What is the effect of an order of defaultL

2# party in default shall be e(titled to (oti1e of #'3#e'e(t&ro1eedi()# BUT NOT TO TAE PART IN THE TRIAL.

c" What relief is aailable from an order of defaultL2# party declared in default %$y $t $(y ti%e $fter (oti1ethereof

and before judgment file $ %otio( '(der o$t!to #et $#ide t!e order ofdef$'lt upon proper showing that !i# f$il're to $(#"erwas due to !raud,

accident, mista+e or e$cusable negligenceand t!$t !e !$# $ %eritorio'#defe(#e.

d" What is the effect of a partial defaultL

2When a pleading asserting a claim states a common cause of action

against seeral defending parties, #o%e of "!o% $(#"er $(d t!e ot!er#f$il to do #o9t!e 1o'rt #!$ll try t!e 1$#e $)$i(#t $ll '&o( t!e $(#"er#

0=


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thus filed and re(der ?'d)%e(t '&o( t!e e4ide(1e &re#e(ted.

e" %o what e5tent may relief be adjudged against a party in defaultL

2# judgment rendered against a party in default shall not e5ceed the

amount or be different in 7ind from that prayed for nor awardunliquidated damages.

f" %o what actions may the court (ot $llo"ed de1l$ri()a party indefaultL

2If the defending party in an $1tio( for $(('l%e(t or de1l$r$tio( of('llity of %$rri$)eor for le)$l #e&$r$tio(fails to answer, the courtshall order the prosecuting attorney to inestigate whether or not acollusion between the parties e5ists, and if there is no collusion, tointerene for the 1tate in order to see to it that the eidence submitted is

not fabricated.

+.=. )iling and serice of pleadings

a" *ayment of doc7et fees

In 1un Insurance


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EDILBERTO CANTA;IE


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ii. Ser4i1e 3y %$il

21erice by registered mail shall be made by de&o#iti() t!e1o&y i( t!e &o#t offi1e9 i( $ #e$led e(4elo&e9 &l$i(ly $ddre##ed

to t!e &$rty or !i# 1o'(#el $t !i# offi1e9 if 8(o"(, otherwise at

hisresidence, if 7nown, with postage fully prepaid, and withinstructions to the postmaster to return the mail to the sender afterten &/B" days if undeliered. If (o re)i#try #er4i1e i# $4$il$3le i(t!e lo1$lityof either the sender or the addressee, serice may bedone 3y ordi($ry %$il. &1ection , Rule /+".

iii. S'3#tit'ted #er4i1e

2If serice of pleadings, motions, notices, resolutions, orders andother papers cannot be made under the two preceding sections, theoffice and place of residence of the party or his counsel being

un7nown, serice may be made 3y deli4eri() t!e 1o&y to t!e1ler8 of 1o'rt9 "it! &roof of f$il're of 3ot! &er#o($l #er4i1e

$(d #er4i1e %$il. %he serice is complete at the time of deliery.&1ection ?, Rule /+".

i. Ser4i1e of ?'d)%e(t#9 fi($l order# or re#ol'tio(#

2$udgments, final orders or resolutions shall be sered eitherpersonally or by registered mail. When a party #'%%o(ed 3y&'3li1$tio( !$# f$iled to $&&e$r i( t!e $1tio(, judgments, finalorders or resolutions against him #!$ll 3e #er4ed '&o( !i% $l#o3y&'3li1$tio( $t t!e e&e(#eof the prevailing party &1ection -,Rule /+".

. Prioritie# i( %ode# of #er4i1e $(d fili()

OWheneer practicable, the #er4i1e $(d fili() of &le$di()#andother papers #!$ll 3e do(e &er#o($lly.(5cept with respect to

papers emanating from the court9 $ re#ort to ot!er %ode#must be$11o%&$(ied 3y $ "ritte( e&l$($tio(why the serice or filingwas not done personally. A 4iol$tio( of t!i# R'le %$y 3e 1$'#e

to 1o(#ider t!e &$&er $# (ot filed*&1ection //, Rule /+".

i. W!e( #er4i1e i# dee%ed 1o%&lete

2Per#o($l #er4i1eis deemed 1o%&lete '&o( $1t'$l deli4ery.1erice 3y ordi($ry %$ilis complete upon the e&ir$tio( of te(+,0 d$y# after mailing, unless the court otherwise proides.Ser4i1e 3y re)i#tered %$il is complete upon $1t'$l re1ei&tbythe addressee, or after fie &=" days from the date he receied thefirst notice of the postmaster, whicheer date is earlier &1ection/B, Rule /+".

0?


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ii. Proof of fili()

2%he filing of a pleading or paper #!$ll 3e &ro4ed3y it#ei#te(1e i( t!e re1ord of t!e 1$#e. If it is (ot i( t!e re1ord,

but is claimed to hae been filed &er#o($lly, the filing shall be

&ro4ed 3y t!e "ritte( or #t$%&ed $18(o"led)%e(t of it# fili()by the cler7 of court on a copy of the same; if filed 3y

re)i#tered %$il9by the registry receipt containing a fullstatement of the date and place of depositing the mail in the

post office in a sealed enelope addressed to the court with, with postage full prepaid, and with instructions to the postmaster to return the mail to the sender after ten &/B" days if not deliered &1ection /, Rule /+".

ii. a" Proof of service

!roof of personal#er4i1eshall consist of $ "ritte($d%i##io(of the party sered, or t!e offi1i$l ret'r( of t!e#er4er, or the $ffid$4it of t!e &$rty #er4i(), containing a fullstatement of the date, place and manner of serice. If the#er4i1eis by ordinary mail, proof thereof shall consist of $($ffid$4it of t!e &er#o( %$ili() of f$1t# #!o"i() 1o%&li$(1e

"it! Se1tio( > of t!i# R'le 2 &1ection /+, Rule /+".

+.=.? A%e(d%e(t

2*leadings may be amended 3y $ddi() or #tri8i() o'tanallegation or the name of any party, or by correcting a mista7e inthe name of a party or a mista7en or inadequate allegation ordescription in any other respect, #o t!$t t!e $1t'$l %erit# of t!e1o(tro4er#y %$y #&eedily 3e deter%i(ed9 "it!o't re)$rd to

te1!(i1$litie#9 $(d i( t!e %o#t e&editio'# $(d i(e&e(#i4e

%$((er*&1ection /, Rule /B".

$0 #mendment $# $ %$tter of ri)!t

2# party may $%e(d !i# &le$di()once $# $ %$tter of ri)!t

$t $(yti%e 3efore $ re#&o(#i4e &le$di() i# #er4ed or9 in thecase o! a reply,at any time within ten "#$% days after it isserved

30 #mendments 3y le$4e of 1o'rt

2(5cept as proided in the ne5t preceding section,#'3#t$(ti$l $%e(d%e(tmay be made only '&o( le$4e of1o'rt. 'ut such leave may be re!used if it appears to the courtt!$t t!e %otio( "$# %$de "it! i(te(t to del$y.


50/198

1" or%$l $%e(d%e(t

2# defect in the designation of the parties and other clearlyclerical or typographical errors may be #'%%$rily 1orre1ted 3y

t!e 1o'rt $t $(y #t$)e of t!e $1tio(9at its i(iti$ti4e or o(%otio(9provided no prejudice is caused thereby to the adverse

party&1ection 0, Rule /B".

d0 #mendments to 1o(for%to or $'t!ori@e &re#e(t$tio( ofe4ide(1e

2When i##'e# (ot r$i#ed 3y t!e &le$di()#are tried ith thee$press or implied consent of the parties, t!ey #!$ll 3e tre$tedin all respects $# if t!ey !$d 3ee( r$i#ed i( t!e &le$di()#.S'1! $%e(d%e(t of t!e &le$di()# $# %$y 3e (e1e##$ry to

1$'#e t!e% to 1o(for% to t!e e4ide(1e and to raise theseissues may be made '&o( %otio( of $(y &$rty $(yti%e, e4e($fter ?'d)%e(tbut failure to amend does not affect the resultof the trial of these issues. If evidence is objected to$t t!e tri$lo( t!e )ro'(d t!$t it i# (ot "it!i( t!e i##'e# %$de 3y t!e

&le$di()#, the court may allo the pleadings to be amendedand shall do so ith liberality i! the presentation o! the merits o!

the action and the ends o! substantial justice ill be subserved

thereby. %he court may grant a continuance to enable theamendment to be made &1ection =, Rule /B".

e0 Different from supplemental pleadings

2Gpon %otio( of $ &$rty t!e 1o'rtmay, upon reasonablenotice and upon such terms as are just, permit him to #er4e $#'&&le%e(t$l &le$di()setting forth transactions, occurrences,or eents which hae happened since the date of the pleadingsought to be supplemented. %he $d4er#e &$rty %$y &le$dt!ereto "it!i( te( +,0 d$y# fro% (oti1e of t!e order

$d%itti() t!e #'&&le%e(t$l

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Copy remedial of Remedial Law Sc Syllabus