Premid LAKAS ATENISTA

INTRODUCTIONThe first thing that we will take up in Civil Procedure are basic concepts. We are going to discuss the legal concept of courts. As you will know, whenever we talk of procedural law, we have no choice but to involve courts in our discussion. Let’s try to have a mental picture of courts. If I (Dean Iñigo) say ‘courts’, please tell me the scene that comes into your mind. What do you see? There is a table, a gavel, there is someone sitting there. Then below, there are lawyers sitting down. That is how everybody pictures a court. But actually, what was pictured out was a courtroom and not a court. Similar example: How can you picture a corporation? A corporation, as you know in Persons, is a juridical entity. It is a creature of the law. It is a person under the law but it has no physical existence. But what you see in a corporation is a building and people who are running the office business. Well, that is the office of the corporation. A corporation cannot run without people running it. But a corporation can own properties, kaya you see the building, the office, the equipments there. The president or the vice-president are the officers of the corporation. But the officers are not the corporation, they run the affairs of the corporation. Ganoon din ang court. A court has no physical existence, only a legal one. Q: What is a court? A: A court is an entity or body vested with a portion of the judicial power. (Lontok vs. Battung, 63 Phil. 1054) Q: Why ‘portion’ only? A: This is because the Constitution provides that “the judicial power shall be vested in one Supreme Court (SC) and in such other lower courts as may be established by law.” (Art. VIII, Section 1, 1987 Constitution. The reason that the law creates different courts is to divide the cases or judicial power among them so that one court may not be burdened with so many cases. So, judicial power is not exercised only by one court, but by several courts. It is like a cake. You slice the cake into parts – this part is for you, this part is mine. So, kanya-kanya tayo ng trabaho. You cannot put the burden only in one court. For example, you want to sue your debtor for not paying a loan. You mean to tell me that you will go to the SC? All cases in the Philippines will have to filed there? NO. You cannot do it. You have to start from certain courts in you city or municipality. Ngayon, pag-sinabi mo kung saan ako mag-file, sa Regional Trial Court (RTC) ba? O sa Municipal Trial Court (MTC)? Of course, depende yan on how much you are claiming. If you are claiming so much, dito ka. If you claim is lower, dito ka naman. Why is that? Because each has its own work. Each one has its own portion – what is yours is yours, what is mine is mine. Thus, each court has its own jurisdiction and may only try cases within its jurisdiction. No court has all the power of the judiciary but only a portion of it. So there is a division of labor. Just as corporations cannot act without its officers, a court cannot function without a judge. But do not say that the court and the judge mean the same thing. The judge is the person or officer who presides over a court. Q: Distinguish court from judge. A: The following are the distinctions: 1.) Court is the entity, body, or tribunal vested with a portion of the judicial power, while judge is the person or officer who presides over a court. Judges are human beings – they die, they resign, they retire, they maybe removed. The court continues to exist even after the judge presiding over it ceases to do so. 2.) The two concepts may exist independently of each other, for there may be a court without a judge or a judge without a court. (Pamintuan vs. Llorente, 29 Phil. 342) EXAMPLE: The present Supreme Court (SC), the justices presiding over it are not the same justices who presided it in the early part of this century yet the Court in some decisions states that “as early 1905, ‘WE’ have already ruled such as such…” Why do they use ‘WE’? They are talking about the court, they are not talking about themselves. The court is continuous. It does not die alongside with the justices who presided on it. Q: Classify courts in general. A: Generally, courts may be classified as: 1.) Superior Courts and First-Level courts (inferior courts); 2.) Courts of Original jurisdiction and Courts of Appellate jurisdiction; 3.) Civil Courts and Criminal Courts; 4.) Courts of law and Courts of equity; 5.) Constitutional Courts and Statutory Courts. SUPERIOR COURTS vs. FIRST-LEVEL COURTS Q: Distinguish superior courts from inferior courts. A: SUPERIOR COURTS, otherwise known as courts of general jurisdiction, are those which take cognizance of all kinds cases, whether civil or criminal, and possess supervisory authority over lower courts. FIRST-LEVEL COURTS (inferior courts), otherwise known as courts of special or limited jurisdiction, are those which take cognizance of certain specified cases only. (14 Am. Jur. 249) Q: What courts are superior or inferior? A: It DEPENDS on what viewpoint you are looking. If you are looking from the viewpoint of the Constitution, there is only one superior court – the Supreme Court. From the real viewpoint, the Court of Appeals (CA) maybe inferior to the SC but it is a superior court for it exercises supervision over RTC. In the same manner that the RTC might be inferior to the SC and the CA but it has also power of supervision over MTC. The jurisdiction of the RTC is varied. It is practically a jack of all trade. The RTC has also the power of supervision over MTC. A superior court may therefore handle civil, criminal cases while an inferior court may try specified cases only. The SC, CA including the RTC are considered as superior courts. The MTC is a first-level (inferior) court so that its power is limited to specified cases despite of the law which expanded the jurisdiction of the MTC. It is already at the bottom. Wala ng under pa sa kanya. In 1996 Bar: Explain the hierarchy of courts in the Philippines. Practically, the judicial level is being asked by the examiner. ORIGINAL COURT vs. APPELLATE COURT Q: Distinguish original court from appellate court. A: ORIGINAL COURTS are those where a case is commenced, while APPELLATE COURTS are those where a case is reviewed. (Ballentine's Law Dict., 2nd Ed., p. 91) So, if you are filing a case for the first time, that case is filed in an original court. But the case does not necessarily end there. You may bring the case to the appellate court which has the power to change the decision of the original court. Q: Is the SC an original or appellate court? A: The SC is both an original and an appellate court. Some people have the impression that you cannot file a case there for the first time – that you have to file it somewhere else, then doon (SC) mo iakyat. But when we study the jurisdiction of the SC, we will be able to know that it is not only an appellate court, but also an original court. The SC has original jurisdiction on cases of certiorari, prohibition, mandamus, etc. There are certain cases where one may file directly to the SC. Q: Is the CA an original or appellate court? A: The same is true with the CA. It is both original and appellate court. (Section 9, BP 129) When we study the jurisdiction of the CA, you will see that it is both an original and an appellate court. There are cases which are elevated to it from the RTC, but there are also cases which are filed there for the first time. Q: How about the RTC? Is the RTC an original or appellate court? A: The RTC is also both original and appellate court. You can file certain cases there for the first time, and there are also decisions of the MTC which are appealable to the RTC. Q: How about the MTC? Is the MTC an original or appellate court? A: The MTC however, is a 100% original court. It is the lowest court in the hierarchy. There are no cases appealed to it. There is no such animal as barangay court. The barangay captains do not decide cases, they only conciliate. CIVIL COURTS vs. CRIMINAL COURTS Q: Distinguish civil courts from criminal courts. A: CIVIL COURTS are those which take cognizance of civil cases only, while CRIMINAL COURTS are those which take cognizance of criminal cases only. (14 Am. Jur. 249; Ballentine's Law Dict., 2nd Ed., p. 301) All the courts in the Philippines are both civil and criminal courts. They can handle both types of cases. The SC decides civil and criminal cases. The same thing with the CA, RTC and MTC. So, in the Philippines, there is no such thing as a 100% criminal court or civil court. Unlike before, during the 70's there are some special courts which were existing but were abolished by BP 129. There was the old Circuit Criminal Court. As the name implies, it is purely a criminal court. But with the abolition of those special courts, all their powers were transferred to the present RTC. Right now, there is no such thing as a 100% civil court or a 100% criminal court. So, all our courts are both civil and criminal courts at the same time. COURTS OF LAW vs. COURTS OF EQUITY Q: Distinguish Courts of Law from Courts of Equity. A: COURTS OF LAW are tribunals only administering the law of the land, whereas COURTS OF EQUITY are tribunals which rule according to the precepts of equity or justice, and are sometimes called “courts of conscience.” (Ballentine’s Law Dict., 2nd Ed., p. 303) Courts Of Law dispose cases according to what the law says – I will decide your case by what the law says. Yan ang court of law! When we say Courts Of Equity, it adjudicates cases based on the principles of equity. Principle of equity means principles of justice, fairness, fair play. Q: Are the Philippines courts, courts of law? Or courts of equity? Do they decide cases based on what the law says? or, do they decide cases based on the principle of justice and fairness? A: In the Philippines, our courts are both courts of law and of equity. In the case of substantive law, there is a thin line which divides the principle of law from the principle of equity because principles of equity are also found in the principles of law. Equity is what is fair and what is just and equitable. Generally, what is legal is fair. As a matter of fact under the Civil Code, when the law is silent, you decide it based on what is just and fair. Kaya nga may kasabihan na EQUITY FOLLOWS THE LAW. In the Philippines you cannot distinguish sometimes the principle of law and the principle of equity because principles of equity are also written in the law. Example: The principle of estoppel, laches or solutio indebiti. One cannot say that they are purely principles of equity since they are also found in our law. Under the Civil Code, when there is no applicable law, courts still have to decide according to customs and general principles. Example: ESTOPPEL. Estoppel is an equitable doctrine – that it is not fair that you disown your own representation after misleading somebody. But if you look a the Civil Code, meron mang chapter diyan ba! – estoppel! So if you apply estoppel, you cannot say that you are applying a principle not found under the law. Example: LACHES – the half-brother of prescription – if you delay a certain right then you must have no right. That is more of equity, rather than of law. Example: SOLUTIO INDEBITI. No one should enrich himself at the expense of another. That is a principle of equity. But if you look at the Civil Code, it's there! The SC, when deliberating, focuses more on justice and equity – where reason can always be found. The SC once said that equity follows the law. In the case of : ALONZO vs. INTERMEDIATE APPELLATE COURT May 28, 1987, J. Cruz HELD: “The question is sometimes asked, in serious inquiry or in curious conjecture, whether we are a court of law or a court of justice. Do we apply the law even if it is unjust or do we administer justice even against the law? Thus queried, we do not equivocate. The answer is that we do neither because we are a court both of law and of justice. We apply the law with justice for that is our mission and purpose in the scheme of our Republic.” So the SC described it self both as a court of law and court of equity. I have already talked with so many justices of the SC before. And I asked them on how do they deliberate on cases when somebody files an appeal or petition. They told me, if you want to convince the SC to hear your case… because the tendency of some lawyers is that they will file their petition and they will cite the law. Meaning, backed-up by statutory provisions ba. A justice of the SC told me that that is a wrong approach. Do not tell us what is the law. We know more law than you do! When you file a petition, fairness must be on your side! Because when we deliberate and we agree that your side seems to be the correct one, to decide on your favor is more than just to decide on the other side. Then, we will even look for the law to support our decision. So, you don't have to tell us what is the law, we will look for it. And if there is no law, we will make it for you, by interpreting… because we are a court more of equity than of law. But when we look on the equity, we will look for the law and chances are, there is the law to follow. CONSTITUTIONAL COURTS vs. STATUTORY COURTS Q: Distinguish Constitutional Courts from Statutory Courts. A: CONSTITUTIONAL COURTS are created directly by the Constitution itself, while STATUTORY COURTS are created by law or by the legislature. In our country, there is only one Constitutional court – the Supreme Court. Even the Sandiganbayan is not considered a Constitutional court because it was not created by the Constitution directly. The 1973 Constitution ordered Congress to create Sandiganbayan. It was law that created Sandiganbayan (PD 1486). There is a provision in the 1973 Constitution which says, “There should be created a Sandiganbayan.” The CA, RTC, and the MTC are created by the Congress. Thus, Congress has the power to abolish the said courts but it can never abolish the Supreme Court. So there is only one Constitutional court. All the rest, from the CA down and all other special courts, are only creatures of Congress. In political law, the power to create carries with it the power to abolish. That is why, BP 129 abolished all existing courts at that time (CFI, CA, Juvenille, etc.) and RTC, IAC, MTC were created. That was the judicial reorganization of 1980 under BP 129. But there is only court which the Batasan Pambansa could not touch – the Supreme Court. They have no power to abolish the SC because it is created by the Constitution. Pareho lang tayong tabla eh. Congress is also created by the Constitution. So if you want to abolish the SC, you must call for a constitutional convention to change the Constitution. INHERENT POWERS OF THE COURT Before we leave the concepts of courts, you must know that the courts of justice have what we call and in all. any suitable process or mode of proceeding may be adopted which appears conformable to the spirit of said law or rules. Courts have also inherent powers. You are inutile if you cannot even enforce your own judgment! So I've been telling some judges here. these things are understood to have them – Police power. power of taxation. I want to enforce the decision. These are inherent eh – hindi puwedeng alisin sa iyo iyan. the next section (Section 6. all auxiliary writs. or before a person or persons empowered to conduct a judicial investigation under its authority. pinaringgan ka ni Dean!). that was already asked in the Bar before – what are the inherent powers of the court? Q: What are the inherent powers of the court? A: Section 5 Rule 135 of the Rules of Court of the provides: Section 5. (b) to enforce order in proceedings before it. There are many powers enumerated. do you mean to say that the order is unenforceable because the law is silent? A: NO. and processes. SEC 6. (h) to authorize a copy of a lost or destroyed pleading or other paper to be filed and used instead of the original. As a matter of fact. Rule 135) tells us how to carry out your judgment. and of all other persons in any manner connected with a case before it. (f) to administer or cause to be administered oaths in a case pending therein. maging inutil ka – I have the power to decide but I do not know how to enforce my decision.inherent powers. Q: But suppose the law does not provide for any manner to enforce? For example a judge has rendered a decision. other cases where it may be necessary in the existence of its powers. Means to carry jurisdiction into effect – When by law jurisdiction is conferred on a court or a judicial officer. the conduct of its ministerial officers. and power of taxation. in furtherance of justice. eh. Inherent powers of courts. in a case therein. usually the law provides for the procedure. processes and all other means to carry it into effect maybe employed by such court or officer. and to restore. Now. Section 5 because you can see there the powers that you do not know you have. (e) to compel the attendance of persons to testify in a case pending therein. in every manner appertaining thereto. Section 6 says. Some of them are common sense. It's beyond my power. and to the lawful orders of a judge out of court. Common sense yan. Hanapan mo ng paraan! SITUATION: Suppose I have the power to decide and I render a decision. Section 6 of Rule 135 answers the question. and if the procedure to be followed in the exercise of such jurisdiction is not specifically pointed out by law or these rules. it seems that I don't have the power under the Rules of Court. (g) to amend and control its process and orders so as to make them conformable to law and justice. to compel obedience to his order. and supply deficiencies in its records and proceedings. Every court shall have the power: (a) to preserve and enforce order in its immediate presence. If you do not know how to carry out your judgment because the law is silent. how do I enforce? Well. . Sometimes we talk about this: they say. Just like the State have certain inherent powers. That is a sign of impotence (Charles. Parang pampalakas-loob ang Rule 135. whether written or not. Their very existence automatically necessitates the existence of these powers. I made a decision but I cannot see how was it enforced. look for a way. Otherwise. and the law is silent on how to enforce it. (d) to control. (c) to compel obedience to its judgments orders. Every court has the power to see to it that everything of his order is enforced. So at least. And yet the RTC of Bansalan cannot issue a writ to be enforced in Makilala. prohibition. habeas corpus and injunction issued by a trial court may be enforced in any part of the region. the judge in Makilala cannot issue the writ of habeas corpus due to the fact that Bansalan belongs to the 11th judicial region while Makilala is in the 12th judicial region. Makilala is in Region 12 and the RTC of Bansalan is part of the 11th judicial region. Q: What is the area of enforceability of writs and processes of the courts? A: Under Section 3 of the Interim Rules. all other writs are enforceable anywhere in the Philippines. prohibition. and he fled to Baguio City. North Cotabato. And if the law is silent. Surigao is Region 12 and therefore can issue a writ of habeas corpus to be enforced in Makilala which is hundreds of miles away because they are of the same judicial region. EXAMPLE: If you are illegally detained. quo warranto. That is part of your power. mandamus. you have to distinguish what kind of writ or process you are talking about: a) If it is a writ of certiorari. -oOo- . RTC can enforce it within the region and it cannot enforce those writs outside the region. prohibition. So you do not make the order useless simply because there is no rule. because that is not part of their region. Be creative. This includes summons. b) All other processes whether issued by the RTC or MetTC. a) Writs of certiorari. which is the next town. you have to think how to do it. the last three cases. 3. habeas corpus. Interim Rules: Sec. injunction. Now. Question: The court of Davao will issue a writ or a process. and MTC may be served anywhere in the Philippines. Suppose the MTC issues a warrant for the arrest of the accused in the criminal case. mandamus. quo warranto.What Section 6 is trying to say is that when you have the power to decide. They filed a petition for habeas corpus in Makilala. In other words. without a certification by the judge of the RTC. ENFORCEABILITY OF COURT WRITS AND PROCESSES Another provision that I want to emphasize before we leave this subject of court is Section 3 of the Interim Rules. such warrant can be enforced there. and. habeas corpus and injunction issued by a regional trial court may be enforced in any part of the region. mandamus. Writs and Processes. Can that writ or process be enforced in Cebu or Manila? Or only in Davao? Or only in Region IX? Hanggang saan ba ang enforceability ng aking writ or processes? You have to distinguish what kind of writ or process you are talking about. Under Section 3. The law is very clear: writs of certiorari. b) Section 3 further says. North Cotabato. you can ask the court to issue a writ of habeas corpus. Provided you conform with the spirit of the rule. quo warranto. MTC. try to look for a way on how to enforce you judgment. a person is detained in Bansalan and the family is here in Davao City. The RTC of Tandag. you have the power to enforce. Thus. writs of execution or search warrants. it can be enforced anywhere within the region. 363-364) Q: What is the effect if the court has no jurisdiction? A: If a court has no jurisdiction. In its complete aspect.) DICO – to speak. A: The authority to decide a case.) JURIS – law. or to say. If you file a civil case before a court that has no jurisdiction. they open up in the name of the law. the resolution of all other questions arising in the case is but an exercise of jurisdiction. Without jurisdiction. what the court will do later. JURISDICTION is the authority. “I speak by the law” I will do it in the name of the law. Let’s go to a criminal case. So the trial and judgment are all products of the exercise of jurisdiction. 245) In other words. Now. in effect. the trial is null and void as well as the judgment. Can you file an information for murder before the MTC? Or can you file an information for slight physical injuries before the RTC? There is something wrong there. You cannot talk of exercise without having first the authority. How can you be wrong if you are doing it in the name of the law? So more or less jurisdiction simply means authority or power. (14 Am. like try the case and render judgment is merely an EXERCISE OF ITS JURISDICTION. then your act is authorized. Barreto. I can act. That is precisely what jurisdiction is all about. If a slight physical injury case is filed against you in the RTC. 2. it has no power or authority to try a case and that is a concept you already know in Criminal Procedure. not the decision rendered. Now. Where there is jurisdiction over of the person and subject matter. So I’ll file a motion to quash under Rule 117. Even in old times when the representatives of the king or the sovereign will try to arrest somebody or will try to enter your house. literally translated. It simply means authority or power. They will always invoke “in the name of the law. when you say jurisdiction. “I speak by the law. what will you do? If I’m the lawyer of the accused why will I allow my client to be arraigned and to be tried when everything is null and void. If I have no authority.” It means that you are saying “I speak with authority” because when you invoke the law. Kapoy-kapoy lang ako. 25 Phil. JURISDICTION simply means the power of the court to hear try and decide a case. (Herrera vs. It is a useless procedure when you say “I will . That’s the same thing in civil cases. Q: Distinguish jurisdiction from exercise of jurisdiction. I cannot act. So.” So when you say. it means. but also the power to enforce the judgment. JURISDICTION vs. if the court has authority. is what makes up jurisdiction. let us not confuse jurisdiction with certain terms related to it. then it can be dismissed for lack of jurisdiction. It does not depend upon the regularity of the exercise of that power or upon the rightfulness of the decision made. jurisdiction includes not only the powers to hear and decide a case. It connotes authority or power.JURISDICTION IN GENERAL The word JURISDICTION is derived from 2 Latin words: 1. it will try the case and render judgment. Jur. And if I have authority. So more or less that is the whole concept of jurisdiction. You cannot be wrong. EXERCISE OF JURISDICTION Now. you cannot avoid mistakes being committed like for example. meaning from the very start mali na. Meaning. When a court takes cognizance of a case over the subject matter of which it has no jurisdiction. But in the exercise of its jurisdiction. suppose a court has jurisdiction over the case but the decision is wrong – it applied the wrong provision of the law. the judgment is valid kaya lang mali. whereas. d) ERRORS OF JURISDICTION are reviewable by certiorari. It is called an error of jurisdiction. the court misinterpreting the provision of the RPC saying that this is a requirement. ERROR OF JUDGMENT BAR QUESTION: Distinguish ERRORS OF JURISDICTION from ERRORS OF JUDGMENT. So. ‘yong judge iba man ‘yong libro niya. So walang mali. And that was also asked in the bar. di ba! Under the law. ERRORS OF JUDGMENT are reviewable by appeal. So. Meaning misapplication or misinterpretation of the RPC as well as misinterpretation of the rules of evidence – wrong interpretation of the law. Errors which the court may commit in the exercise of such jurisdiction are merely ERRORS OF JUDGMENT. This is not an error of jurisdiction because the court has authority. EXAMPLE: A case of murder was filed in the MTC. ERROR OF JURISDICTION vs. Ken Sur. Now. you do not say the court committed an error in the exercise of jurisdiction. everything is correct. the judge has decided to assume jurisdiction. This is now what you call an error of judgment. EXAMPLE: Suppose the case for murder is filed in the RTC where the court has jurisdiction. . Do you say the decision of the judge is null and void? NO. files a motion to quash because MTC has no jurisdiction over cases of murder.” So the court denied the motion to quash. I have jurisdiction. it committed several errors.” Q: Why is it important to distinguish jurisdiction from exercise of jurisdiction? A: Definitely. when a court has no jurisdiction but insists in handling the case.exercise something which I do not have. Now what do you call that? When the court without authority assumes authority over the case that is called ERROR OF JURISDICTION – the court committed an error of jurisdiction. and that is called an ERROR OF JUDGMENT. “No. that is a mistake by the trial court. whereas. Eh. A court can commit an error which is either an error of jurisdiction or an error of judgment. the court commits an ERROR OF JURISDICTION. a court acting as such may commit errors or mistakes. A: The following are the distinctions: c) When a court acquires jurisdiction over the subject matter. or interpretation of evidence. this is not a requirement for the crime. But in the course of the trial. the decision or order on all other questions arising in the case is but an exercise of jurisdiction. And the accused was convicted but actually tingin mo mali man ito. this elements was not considered or this element was considered as present. Meaning. The accused. That is why the action of the court can be questioned later in a higher court. 101 Phil. Q: Now. can that case later be transferred and continued in Branch 9? A: Ah YES. Commonwealth Ins. 1. however. Co. it can be corrected by a higher court. it is a valid judgment. it is still an error. not by certiorari because certiorari is only confined to correcting errors of jurisdiction or grave abuse of discretion. GENERAL JURISDICTION and SPECIAL OR LIMITED JURISDICTION 6. criminal. It is very broad – to hear and try practically all types of cases.) General Jurisdiction and Special or Limited Jurisdiction. (14 Am.Q: What is the use of distinguishing error of jurisdiction from error of judgment? A: The difference is in the remedy taken.) Exclusive Jurisdiction and Concurrent or Coordinate Jurisdiction. Actually. 34 Cal. But when a court commits an error of jurisdiction.” which refer to the remedy of CERTIORARI or PROHIBITION.) GENERAL JURISDICTION is the authority of the court to hear and determine all actions and suits. So. if the case is filed and is assigned to Branch 8. May 29. is that there is a definite procedure for correcting a mistake and other procedures which we will know later where the court commits an error of judgment and an error of jurisdiction..) Original Jurisdiction and Appellate Jurisdiction. the remedies given by the law are different. but by resorting to “extraordinary remedies. Moscoso. not in the judge. So. 391) . April 28. 1958. If it is an error. where it insists on handling a case when it has no authority. Your remedy is to APPEAL the wrong judgment to a higher court. These are basic terms which you should remember. The governing rule is that the remedy of certiorari is not available when the remedy of appeal is available. Kelly. Geronimo. In error of judgment. This error should have been raised on ordinary appeal. 1959) EXAMPLE: The RTC of Davao is composed of several branches – eleven to twelve judges. Q: In whom is jurisdiction is vested? A: Jurisdiction is vested with the court. you cannot revive it by resorting to certiorari because certiorari is not a substitute for the lost remedy of appeal. 249. Hahn vs. The importance. 2. We do not consider branches as separate courts. administrative. (Araneta vs. Nocon vs. when a case is filed before a branch. Jur. L-11584. L-14723. the trial may be had or proceedings may continue before another branch or judge. there is only one court – the RTC of Davao. whether civil. And when the remedy of appeal is lost. But technically. because you never leave the same court. This is because jurisdiction is not with the judge. It is with the court itself. (Tagumpay vs. if the judgment is wrong. 735) The principle came out in the bar. and 3. and each is not a court distinct and separate from the others. You are still in the same court. as we will see later. I can question its actuation not necessarily by appeal. real. A court may have several branches. TYPES OF JURISDICTION: Types of jurisdiction: 1. personal or mixed. but the choice of court is lodged in those persons duly authorized to file the action. 1318. Kelly. Jur. 34 Cal. 12. pp. pp. diyan or doon – Thaddeus Tangkad can file it in this court or . b. It is now in the CA and you are now invoking its appellate jurisdiction. 2nd Ed.. the court obtaining jurisdiction first retaining it to the exclusion of the others. Can Sugar JJ file it in the RTC? A: NO. This is because it commenced somewhere else and it is just reviewing the decision of the said lower court. Q: Sugar JJ filed a collection case against John Vera. ORIGINAL JURISDICTION and APPELLATE JURISDICTION a. puwede din dito. After trial. Ortiz. Its power is limited. 1962) Example: Thaddeus Tangkad wants to file a case or petition in court. Then. The judiciary law says.) ORIGINAL JURISDICTION is the power of the court to take cognizance of a case at its inception or commencement.. 2nd Ed. kung ayaw mo diyan. Limitado pa ang power niya. masyadong far ranging. Maya lost the case. 58 O.G. Feb. (Ballentine’s Law Dict. studying the jurisdiction of the different courts. EXAMPLE: Maya Quitain will file a civil case in the RTC and that court will take cognizance and try it. 2. 249. 3. It covers many things whereas the jurisdiction of the MTC.. 91 and 917) One can file the case there for the first time. And when you go over the Judiciary Act.7. so Maya decided to appeal the decision of the RTC to the CA.) EXCLUSIVE JURISDICTION is that possessed by a court to the exclusion of all others. if you file a civil case to collect an unpaid loan below P200. the court is authorized to hear and try certain specified cases. b.000.) SPECIAL or LIMITED JURISDICTION is the authority of the court to hear and determine particular cases only. EXCLUSIVE JURISDICTION and CONCURRENT OR COORDINATE JURISDICTION a. Hahn vs. It does not share its power with other courts.000. Very narrow bah because it is a court of limited or special jurisdiction.. (Villanueva vs. 391) So. Therefore the jurisdiction of the MTC is EXCLUSIVE. (Ballentine’s Law Dict. he looks at the law and the law says that you can file it in this court or.) APPELLATE JURISDICTION is the power vested in a superior court to review and revise the judicial action of a lower court. makipot. the power of this court is appellate. for an unpaid loan of P5. in civil cases you will see that the jurisdiction of some courts like the RTC. The case is now there. you should file it with the MTC.) CONCURRENT or COORDINATE JURISDICTION is that possessed by the court together with another or other courts over the same subject matter. You are invoking the original jurisdiction of the RTC. 91 and 917) If one court has the power to correct the decision of a lower court. (14 Am. 291) In other words.) Jurisdiction over the issues. That is the effect of lack of jurisdiction. puwede. Palanca. last time we were classifying courts and you learned that the SC is meron palang original jurisdiction. If he files it in court #3. Jurisdiction over the person of the accused. and the third is territorial jurisdiction. Ito palang CA also has original jurisdiction. puwede din. out na yong #1 and #2. these are the instances when the SC. Makapili ka. c. (Banco Español-Filipino vs. Otherwise. the proceeding will be illegal.in other courts. The SC. what happens if in a particular case one of these is missing? A: The proceedings become questionable. The proceedings are tainted with illegality and irregularity. Now.e. Q: What are the elements of jurisdiction in civil cases? A: The following: a. JURISDICTION OVER THE SUBJECT MATTER Q: Define jurisdiction over the subject matter. I-file mo SC. the case should be filed in the place where the crime was committed. In civil cases meron din iyong counterpart. So if Thaddeus files it in court #2. let’s go over them one by one.) Jurisdiction over the subject matter . Jurisdiction over the subject matter. there are also some elements of jurisdiction in criminal cases. Q: Are there certain types of cases or petitions where I can file it directly with the SC or file with the CA or file it with the RTC? A: YES and the best example is a petition for HABEAS CORPUS. CA and RTC exercise concurrent jurisdiction. and it assumes now jurisdiction. CA and RTC share concurrent jurisdiction to entertain petitions for habeas corpus.) Jurisdiction over the res. Alright. it is the jurisdiction over the nature of the action. b. Kung i–file mo sa RTC. out na ang court #1 and court #3. The judgment is not binding. A: Jurisdiction over the subject matter is the power of the court to hear and determine cases of the general class to which the proceedings in question belongs. and d. In effect. Kung gusto mo sa CA. Therefore. 37 Phil. A. The proceedings become void. puwede. Ang RTC obviously is more of an original court than an appellate court. Now this is what you call CONCURRENT jurisdiction because you can file the case in two courts or more at your choice.) Jurisdiction over the person of the parties to the case. ELEMENTS OF JURISDICTION IN CIVIL CASES In your study of criminal procedure where you also studied the law on jurisdiction. you know already the . Q: Now. Now. i. he has the right to choose where to file. Jurisdiction cannot be conferred by silence of the parties or by waiver. Gen. 27. offenses punishable by death penalty cannot be tried with the MTC. agreements between parties cannot change the law. “Why will I burden myself for trying a case. (Cardenas vs.g. And when the court has no jurisdiction. Estoppel or waiver or silence or failure to object cannot vest jurisdiction in the wrong court because jurisdiction over the subject matter is conferred by law. “Maganda siguro dito na lang tayo sa MTC. it can be raised at any stage of the proceeding even for the first time on appeal. Nov. L-20842. June 23. The parties cannot agree to have the case submitted to another court. 1962) It cannot be acquired by an agreement between the parties. suppose I will file a case against you in a wrong court. Cubacub. This is a matter of legislative enactment which none but the legislature can change. This is what we call the NATURE OF THE ACTION. I will not complain. The counterpart of that in Criminal law is e. Jurisdiction over the subject matter cannot be agreed upon. 1967) B. vs. action reivindicatoria. you did not file a motion to dismiss. annulment of marriage. suppose I want to file a case against you and under the law that should be filed in the RTC. Did the MTC acquire jurisdiction over the case because the parties agreed? A: NO. JURISDICTION OVER THE PERSON Q: Define jurisdiction over the person. did the ‘wrong’ court acquired jurisdiction over the case? A: NO. Actually what you should do there is file a motion to dismiss (or in criminal cases a motion to quash.” “O sige. Vinson. Edward J. Serrano vs.) But hindi ka nagkibo “Sige lang. May 30. It does not depend upon the pleas or defenses of the defendant in his answer or motion to dismiss. we sign an agreement. Now.” By agreement. The issue of jurisdiction was not questioned for an unreasonable length of time. when I have no jurisdiction?” The ONLY exception is when there is estoppel by laches. (MRR Co. the court motu propio has the authority to dismiss it. L-19191. 1965. But both of us believe that the judges of the MTC like Judge Cañete knows more. L-18023. where will you file it? It should not be filed in the wrong court or else it will be dismissed. 523. 20 Phil. L-25547. Q: How is jurisdiction over the subject matter acquired or conferred? A: Jurisdiction over the subject matter is conferred by law and is never acquired by consent or submission of the parties or by their laches. magpirmahan tayo that we will file the case by agreement in the MTC. waiver. Annulment cases should be filed in the RTC otherwise it will be dismissed for lack of jurisdiction over the subject matter. action publiciana. he is more competent than the other judge there. as laid down in tile TIJAM vs. you did not file a motion to quash. e. July 30. 1968). vs Atty. Q: Now. Camus. the court by itself has the power to dismiss. if the nature of the subject matter of the action.various types of civil cases such as actions for nullity of marriage. SIBONGHANOY (April 15. Ikaw naman hindi ka kumibo. Q: How is jurisdiction over the subject matter determined? A: It is determined by the allegations of the complaint. Otibar vs. Nell Co. 1962. etc. failure to object (silence). BUT the rule is. not by agreements of the parties.g. And even the parties may not raise it. doon sa MTC natin i-file. . Jurisdiction is conferred by law. Muñoz Motors. Q: Now.” So is it okey? Since you did not object. It is acquired by or conferred to the court by law – either the Constitution or the Judiciary Law. This is the counterpart of warrant of arrest in criminal procedure. naglayas. For the decision to be valid. 20 Phil. and the DEFENDAN'T – the one being sued. Even if he is the loser in the case. 291) Q: In criminal cases. But for trial in absentia to proceed in criminal cases. any judgment rendered by the court will not bind him. It must be that the court must acquire jurisdiction over this person. Normally. You must arrest him and arraign him first. That is why jurisdiction over the parties is the power of the court to render a personal judgment which will bind the parties to the case. Gen. Of course we cannot enforce the decision until we caught him. Upon filing his complaint in court. 523) First Instance: UPON SERVICE ON HIM OF COERCIVE PROCESS IN THE MANNER PROVIDED BY LAW The first instance when a court acquires jurisdiction over the person of the defendant is through a service upon him of the appropriate court process which in civil law is called service of summons. I was not able to confront and cross-examine the witness against me. 20 Phil. or (3) by his voluntary surrender. the court must obtain jurisdiction over the person of the plaintiff and the defendant. ka diretso ka na sa prisuhan. how does the court acquire jurisdiction over the person of the accused? A: By having him (1) arrested. Pero pagnahuli. So if the defendant was never served with summons. 37 Phil. when we say jurisdiction over the parties. bakit ka naglayas? Pasensiya ka! That’s the concept of trial in absentia. he is automatically within the jurisdiction of the court. the decision will not bind the parties over whom the court has not acquired jurisdiction. vs Atty. You cannot try him without being arrested. Then puwede siyang mag-bail kung gusto niya. we are referring to the PLAINTIFF – the one suing. Q: Even if he is not arrested. “I was not able to give my side. You say. The same thing in civil cases. (MRR Co. Palanca. What is the use of rendering a decision if the parties are not bound? It must have effect. Otherwise.) upon service on him of coercive process in the manner provided by law. you must first arrest him. After na-arrest. or 2. (MRR Co. Arestuhin mo muna. Q: How does the court acquire jurisdiction over the plaintiff? A: Jurisdiction over the person of the plaintiff is acquired from the moment he files his complaint. Gen. (Banco Español-Filipino vs. (2) by service of the warrant of arrest. vs Atty. judgment cannot be enforced because the court did not .) by his voluntary submission to the jurisdiction of the court. 523) Q: How does the court acquire jurisdiction over the defendant? A: Jurisdiction over the person of the defendant is acquired: 1. can the court try an accused without the accused being arrested? A: Of course not. nagsibat? Bahala ka itry in absentia.A: Jurisdiction over the person is the power to render a personal judgment through the service of process or by voluntary appearance of a party during the progress of a cause. because the court has not acquired jurisdiction over his person.” Eh. There will be a valid decision because the court has already acquired jurisdiction. the jurisdiction over your person was acquired by waiver. In criminal cases. (MRR Co. or consent. Since there is no more need for the warrant. Q: Defendant was served with summons improperly or irregularly therefore. or c. waiver or consent. 20 Phil.e. by effecting the arrest of the accused by virtue of a warrant. Palanca. Did the court acquire jurisdiction over the person of the defendant? A: YES. vs. The court acquires jurisdiction by ENFORCEMENT OF SERVICE for effective arrest of the accused pursuant to the warrant of arrest. and is obtained by seizure under legal process of the court whereby it is held to abide such order as the court may make. 523) This is unlike the jurisdiction over subject matter wherein the case could be dismissed upon filing in the wrong court. Meaning. or lack of objection.) consent.) waiver. Gen. (Banco Español-Filipino vs. Then. the court acquires jurisdiction over the person through the issuance of a warrant of arrest. 37 Phil. A: Jurisdiction over the res is that acquired by the court over the property or the thing in contest.acquire jurisdiction over his person. the court will recall the same. The same principle holds true in criminal cases. 523) C. consent. (MRR Co. JURISDICTION OVER THE RES RES is the Latin word for “thing. he could question the jurisdiction of the court over his person. But instead. the arresting officer will arrest the accused.) lack of objection by the defendant. he did not question the jurisdiction of the court despite the defective service of court process. how can the warrant of arrest be effected? A: Once an information has been filed in court. 291) . the court issues a warrant. silence or failure to object. Atty. In civil cases. vs. whereas jurisdiction over the subject matter cannot be cured by failure to object or by silence. The SC said that when you remained silent despite the defects. Q: In criminal cases. The warrant cannot have its effect even if it was issued. your silence has cured the defect. Q: Distinguish jurisdiction over the subject matter from jurisdiction over the person of the defendant? A: Lack of jurisdiction over the person of the defendant may be cured by waiver. Second Instance: BY HIS VOLUNTARY SUBMISSION TO THE JURISDICTION OF THE COURT Another way to acquire jurisdiction over the person of the accused even if the accused is not arrested is through VOLUNTARY SURRENDER. because jurisdiction over the person can be acquired by: a. A court cannot try and convict an accused over whose person the court never acquired jurisdiction. it is the voluntary submission of the defendant to the jurisdiction of the court.” Q: Define jurisdiction over the res. i. b. if the same had not been served. Atty. Gen. 20 Phil. A: Jurisdiction over the issue is the authority to try and decide the issues raised by the pleadings of the parties. 73 Phil. But if the court acquires jurisdiction over the res. For example. Weng Kolotski is an illegitimate child. That is a pleading.Pleadings are the written allegation of the parties of their respective claims and defenses submitted to the court for trial and judgment. (Reyes vs. She wants to be acknowledged by her father. So you prepare your answer in writing in court and that is also called a pleading. Q: However. Now according to your answer. D. Diaz. 484) Q: What are pleadings? A: They are governed by Rule 6. jurisdiction over the res becomes a substitute over the person. EXAMPLE: Francis “Paloy” Ampig will sue you to collect a loan. you never paid him. In a civil case. I already paid him. the parties before the trial file in court pleadings. What is the res of the case? A: The piece of land is the res of the case. Thus.Q: A and B quarreled over a piece of land. The res here is where the judgement can be enforced. then acquisition of jurisdiction over the res confers jurisdiction to the court even if the defendant is abroad. there is an extra-territorial service of summons. So Paloy will file a complaint in court. res may not be tangible. Even if the court cannot acquire jurisdiction over the person of the defendant. “No. That is why in Rule 14. What is the res? A: The res is the status of the child because it is the object of the litigation. For example: Paloy says you borrowed money. we will now know what they are quarreling about. EXAMPLE: Even if the defendant is a non-resident who is out of the country and the object of litigation is here in the Philippines. Section 1 . JURISDICTION OVER THE ISSUES Q: Define jurisdiction over the issues. Based on what Paloy said in his complaint and your answer. she filed a case against her father for compulsory recognition. Rule 6. But based on a SC ruling. That is where you state your position.” Q: Now what is the issue? . There are instances when the court cannot acquire jurisdiction over the defendant like when he is abroad. the case may go on. You say that you do not owe him anything because you already paid him. Q: Why is jurisdiction over the res important? A: Sometimes it is a substitute for jurisdiction over the person. the extra-territorial service of summons is not for the purpose of acquiring jurisdiction over the person of the defendant but is merely how to comply with the due process clause. Then you have to answer Paloy’s complaint in court. A: The issue is. File ka naman ng sagot mo. the person. the court has acquired jurisdiction over the subject matter. and the last is jurisdiction over the issue. the court is supposed to rule on the issue raised and not those not raised by the parties. One is acquired upon filing of the complaint and the other one is acquired after the filing of the answer by the defendant. the court said that the obligation has been extinguished by condonation. So that is the issue. For a decision to be effective. the court should only rule on what the parties raised in their pleadings. A: The following are the distinctions: 1. Take note that jurisdiction over the issues in civil cases is acquired after defendant has filed an answer. “Wala akong utang. whether the obligation still existing or is it already extinguished by payment. EXAMPLE: I am the plaintiff. Now where did the court get that? Your defense is payment.” Then the court has now acquired jurisdiction over the issue.) Jurisdiction over the subject matter is the power to hear and try a particular case. So that is where we will know what we will try in this case. Q: Suppose after the trial. while Jurisdiction over the issues is the power of the court to resolve legal questions involved in the case. The case was decided on an issue that was not even raised by the parties. In other words. So the court never acquired jurisdiction over the issue. Now. In criminal cases. and the decision now it was extinguished by condonation. the court must acquire the jurisdiction over the subject matter. From the moment I file the case. I will file a case in court to collect an unpaid loan. That is what we call jurisdiction over the issue. bayad na. the res in case the defendant is not around.) Jurisdiction over the subject matter is acquired upon filing of the complaint. Q: Distinguish jurisdiction over the subject matter and jurisdiction over the issues. Is the decision correct? A: The decision is WRONG because the parties did not raise condonation as the issue. jurisdiction over the issues is acquired upon filing of a complaint. you are summoned. So. The court should only rule on what the parties claim. 2. . while Jurisdiction over the issues of the case is acquired upon filing of the answer which joins the issues involve in the case. b. Sharia District Courts and the Sharia Circuit Courts (PD 1083 . 4.HIERARCHY OF THE COURTS In the 1996 BAR: One of the questions in Remedial Law was: State the hierarchy of the Courts in the Philippines. Court of Tax Appeals (RA 1125) 2. also known as the Code of Muslim Personal Law).) Regular courts SUPREME COURT COURT OF APPEALS REGIONAL TRIAL COURTS MetTC MTCC MTC MCTC Note: MetTC.) Special courts There are also Special Courts which are also considered part of the judiciary.g. a. Panabo MCTC. Cebu.municipalities such as Digos. Davao MTC. Family Courts We are concerned only of the jurisdiction of the REGULAR COURTS.In Manila MTCC.circuitized areas because it is impractical and expensive to maintain one MTC in every municipalities. Sandiganbayan (PD 1486 as amended) 3. These are: 1.cities outside Manila e. . But you are more acquainted with habeas corpus. the SC is not only an original court. The Supreme Court shall have the following powers: [1] Exercise original jurisdiction over cases affecting ambassadors.) ORIGINAL JURISDICTION OF THE SUPREME COURT Article VIII. or affirm on appeal or certiorari. Now. a) All cases in which the constitutionality or validity of any treaty. order. paragraph 1 of the 1987 Constitution enumerates the ORIGINAL jurisdiction of the SC: Section 5. ordinance. It cannot pass through the CA because the SC has exclusive appellate jurisdiction regarding the matter. impost. modify. d) All criminal cases in which the penalty imposed is reclusion perpetua or higher. final judgments and orders of lower courts in: a) All cases in which the constitutionality or validity of any treaty. e. quo warranto because that is discussed exhaustively in the study of Special Civil Actions. c) All cases in which the jurisdiction of any lower court is in issue. and habeas corpus. as the law or the Rules of Court may provide. or regulation is in question. prohibition. proclamation. law. It was not affected by the Judiciary Law (BP 129) which reorganized the judiciary in 1983. over petitions for certiorari. f. or toll. So if the RTC in a certain civil case declares the law as unconstitutional since it has the power to do so. its jurisdiction is found in the fundamental law itself. It is a special proceeding. quo warranto . international or executive agreement. Article VIII 1987 Constitution: 2) Review. order. instruction. e) All cases in which an error or question of law is involved. b) All cases involving the legality of any tax. . you can file a petition for habeas corpus directly before the SC because it has original jurisdiction. it is still premature for us to discuss now what do you mean by certiorari. or regulation is in question. revise.JURISDICTION OF THE SUPREME COURT The highest court of the land is the Supreme Court. instruction. or any penalty imposed in relation thereto. other public ministers and consuls. mandamus. If you are illegally detained.) APPELLATE JURISDICTION OF THE SUPREME COURT The appellate jurisdiction is found in Section 5. So that is the first provision in the Constitution dealing with the jurisdiction of the SC. Section 5 . law. presidential decree. However. international or executive agreement. prohibition. the same has to be appealed directly to the SC. Being a constitutional court. assessment. reverse. mandamus. ordinance. Paragraph (2). presidential decree. it is also an appellate court. proclamation. The SC is both an original and appellate court. assessment. impost. Based on these facts who is correct? Yun ang tinatawag na question of law. We will not dwell on this. This is related to the legality of tax cases – whether a tax or tax penalty is legal or not. Aivy admits she borrowed money from Lyle but says she has already paid. That applies to both criminal and civil cases. I have to hear them. So. whatever decision the lower court gives. This is more on Criminal Procedure. You apply the law. it has to be appealed directly to the SC. the facts are already given. it must go to the SC. The question is: Who is right? A or B? Reasons. the question in the exam: Who is telling the truth? My golly! How can you answer the question who is telling the truth? In other words. the cases involve 100% pure jurisdiction as an issue. If the issue of jurisdiction is mixed with a factual issue. it if wants to raise that joint. Yun ang tinatawag na question of fact – what happened. that is not a question of law. (d) All criminal cases in which the penalty imposed is reclusion perpetua or higher. (e) All cases in which only an error or question of law is involved. There are no factual issues involved. You are asking who is right under the law. the SC shall have exclusive appellate jurisdiction. Now. or any penalty imposed in relation thereto. According to Lyle. When you go to SC in civil cases. We are only interested in civil cases. You only go to the SC if the appeal is 100% legal. that is a question of fact. The aggrieved party. OTHER CONSTITUTIONAL PROVISIONS DEALING WITH THE JURISDICTION OF THE SUPREME COURT . But as to what happened. Aivy borrowed money from him and it’s already overdue and she has not paid. appeal must be filed with the CA. So. QUESTIONS OF LAW and QUESTIONS OF FACT The best example of questions of law where the issues are purely legal are classroom problems. No factual issue is involved. this is 100% issue of jurisdiction. Pero if the facts are still vague. the appeal should be in the CA without prejudice to the filing of the same with the SC later. However. Now. Example: Lyle filed a case against Aivy to collect an unpaid loan. or toll.b) All cases involving the legality of any tax. (c) All cases in which the jurisdiction of any lower court is in issue EXAMPLE: The RTC or the MTC says it has jurisdiction or it has no jurisdiction over a case. you are not there to ask the SC to determine who is telling the truth. Take note that ONLY an error or question of law is involved. When the issue is purely jurisdiction. if there is a mixed question of law and a question of fact. pinag-aawayan pa. when the law says all cases in which the jurisdiction of any lower court is in issue. 1987 Constitution – Commander-in-Chief Clause “The Supreme Court may review. The Constitution itself gave Congress the power to change it.. Does Congress have the power to change that by making it appealable to the CA? So I had to look at the provision again to find out whether this is possible. the matter is not to be decided by the COMELEC but by the SC. decisions of the constitutional commissions are appealable to the SC. paragraph (a). or ruling of each Commission may be brought to the Supreme Court on certiorari by the aggrieved party within thirty days from receipt of a copy thereof.” The COMELEC. You look at the provision. last paragraph. first I was stunned. etc. Congress amended the Judiciary Law particularly Section 9 on the jurisdiction of the CA by now making decisions of the CSC no longer appealable to the SC directly but appealable to the CA. The only case so far was that filed by Defensor-Santiago but which was dismissed. according to Section 7. “Unless otherwise provided by this Constitution or by law.” If there’s an electoral protest for the President and Vice-President. the sufficiency of the factual basis of the proclamation of martial law or the suspension of the privilege of the writ or extension thereof. and must promulgate its decision thereon within thirty days from its filing. the decisions are appealable to the SC unless otherwise provided by law. Claims against the government – COA. Or disallowance on disbursement by government officers or removal from government service – CSC. order or ruling of these commissions may be brought to the SC on certiorari. Under the Constitution. and qualifications of the President or Vice-President. and may promulgate its rules for the purpose. in an appropriate proceeding filed by any citizen. the only ones whose decisions are appealable directly to the SC are those of the COMELEC and the COA When that law was passed where the decisions of the CSC are appealable to the CA. Election cases. the SC. sa COMELEC man yan ba. So why will a decision of a constitutional body be reviewable by a non-constitutional body? And I said parang it might violate the Constitution. shall be the sole judge of all contests relating to the election. Section 18 (3). order. returns. Article VII. Article VII. So based on the present law. sitting en banc. COA and the CSC act also as courts of justice.” Meaning. the SC ruled that when she ran for the Senate. They have powers to decide certain cases within their jurisdiction. out of the three constitutional commissions. any decision.” So. 1987 Constitution: “The Supreme Court. Unless otherwise provided by this Constitution or by law.Article IX. Now. But pwede naman pala. So you will see that the decisions of the constitutional commissions are reviewable by the SC. any decision. in an appropriate proceeding filed by any citizen review the sufficiency of the factual . 1987 Constitution: “Each Commission shall decide by a majority vote x x x. However. So there is no problem. Section 7. Section 4. she has already technically abandoned her interest for the Presidency. This is what is called as the SC acting as the Presidential Electoral Tribunal. I said there is something queer here because the CSC is a constitutional body and the CA is not. The law can change them because jurisdiction over the subject matter is conferred by law. Article VIII. It may well take another 100 years to produce another Marcos. Which therefore abandons the Political Question doctrine laid down in many earlier cases that it is the prerogative of the President to determination.basis of the proclamation of martial law. though it came too late. prescribe. [Note: PLEASE REFER TO THE HANDOUT HEREIN ATTACHED FOR A COMPLETE OUTLINE OF THE SUPREME COURT'S JURISDICTION. Congress may change or even remove the jurisdiction of the RTC or CA. the sufficiency of the factual basis of the proclamation of martial law or the suspension of the privilege of the writ or the extension thereof. NLRC or the Secretary of Labor under the Labor Code. Central Board of Assessment Appeals. Section 30 states: “No law shall be passed increasing the appellate jurisdiction of the Supreme Court as provided in this Constitution without its advice and concurrence. tribunals or agencies which replaced the old Public Service Commission (e. . Also. the COMELEC. the CSC. Meaning. LTFRB). the different boards. was declared unconstitutional by the SC because it increased the SC’s jurisdiction and was passed without the advise and concurrence of the SC. issuance of writ of certiorari against the RTC and other quasi-judicial agencies. courts. COA. and apportion the jurisdiction of the various courts but may not deprive the Supreme Court of its jurisdiction over cases enumerated in Section 5 hereof. Sandiganbayan. 1987 Constitution: The Congress shall have the power to define. these are the scattered provisions of the Constitution dealing with the SC’s jurisdiction. prohibition. So more or less. Congress cannot lessen but it can increase the SC’s powers and jurisdiction.” Thus .] The ORIGINAL EXCLUSIVE jurisdiction of the SC refers to petitions for the issuance of writs of certiorari. mandamus against the following: the SEC. instrumentalities and commissions. The cases where its original jurisdiction is CONCURRENT with the CA are likewise petitions for the issuance of writs of certiorari. at his discretion. So this particular provision of the Constitution came about in 1987 to check the supposed excesses during the time of Marcos. Article VIII. Congress does not have the power to lessen or deprive the Supreme Court of its jurisdiction under Section 5. The provision under the Ombudsman Law (RA) with regards to the Ombudsman’s disciplining power appealable directly to the SC. the SC can inquire into the basis on why martial law is declared. prohibition and mandamus as defined in Rule 65 against the following: the CA. PROVIDED it is with the latter's advice and concurrence.g. However Article VI. However. Section 2. with the advent of the new law (RA 8249).) a judgment rendered upon an award under the Arbitration Law (RA 876) 6. 3.) From the CA or all appeals from the CA are certiorari which is different from the certiorari in Rule 65. So when the RTC imposes the death penalty. the case will be elevated to the SC. there are three types: 3. 156 SCRA 758) Finally. This only applies to criminal cases where the penalty of reclusion perpetua or life imprisonment is imposed or other offenses which arise out of the same occurrence or committed by the accused on the same occasion. So.) only an error or question of law involved (supra). there is now a CONCURRENCE between the SC and the Sandiganbayan in so far as petitions for certiorari. In civil cases. if you want to go directly to the SC. etc.) Appeal by Certiorari under Rule 45. From the RTC.) Appeal from other courts or administrative agencies liked appeal from the Sandiganbayan to the SC. mandamus. 3. and writs of certiorari. For example.3.) From the RTC direct to the SC.) Automatic review of death penalty. impost. injunction and other ancillary writs in aid of the Sandiganbayan's APPELLATE JURISDICTION. from the Central Board of Assessment Appeal or from the Ombudsman.  . 9. from the MTC to the RTC – ordinary appeal. (Vergara vs. CONCURRENT with the CA and RTC are those involving habeas corpus. provided that the following conditions are met: 3. on pure questions of law. 10. you can do so by appeal by certiorari. 5. b.) If no question of fact is involved and the case involves the constitutionality or legality validity of any tax. Now.) appeal on pure questions of law in cases of appeal to the RTC from inferior courts..1.(2) 4. habeas corpus. a petition for mandamus against the MTC of Davao City can be filed with the SC. to the SC – appeal by certiorari. prohibition. prohibition. section 5 par. or jurisdiction of the lower courts is in issue ( Article VIII. CA. Suelto. or RTC although the policy of the Supreme Court is that it should be filed with the RTC based on the hierarchy of the courts.) APPELLATE JURISDICTION OF THE SUPREME COURT: 8.CONCURRENT with the RTC are those actions affecting ambassadors and other public ministers and consuls. this is not ordinary appeal because this only applies to criminal cases. This is based on the Judiciary Law and the Constitution. quo warranto.2. whether the accused appeals or not.) Ordinary appeal from the RTC direct to the SC. and mandamus against inferior courts and bodies. When it comes to appeal by Certiorari. and quo warranto. 17. So what is the conclusion? The SC and the CA exercises concurrent jurisdiction to entertain petitions to issue writs of mandamus. under Section 9. . I will file another petition. prohibition. I will file before the SC and the other one with the CA. Have you heard that term before – forum shopping? ‘Yun bang sabay-sabay kang mag-file ng case. And once the SC also learns that you also filed before the CA. prohibition. That’s why. quo warranto. because the Constitution says so. habeas corpus or quo warranto may be filed in the IAC if another similar petition has been filed or is still pending in the SC. the CA will dismiss the petition before it. A violation of this rule shall constitute contempt of court and shall be a cause for the summary dismissal of both petitions. so I will go to a specific SITUATION: I’m a clever lawyer. That is what you will get if you think you are clever. Q: Can I do that? Meaning. eh. That is an act of contempt of court (Rule 7. so you will file two identical petitions. In order to be sure I will get what I want. Nor may such petition be filed in the SC if a similar petition has been filed or is still pending in the IAC. Sigurista ba – kung madisgrasya sa isa. Alright. Do you know what will happen to you according to the provision? Once the CA learns that you filed an identical petition with the SC. what do you think will happen to me? A: The consequence is found in Section 17 of the Interim Rules. mandamus. habeas corpus. It turns out that you placed yourself in a frying pan. Now. Since concurrent man sila. paragraph 1. where will I file it? Q: If I file it with the Supreme Court. disciplinary actions may be taken against you. and auxiliary writs or processes whether or not in aid of its appellate jurisdiction. I will file one petition before the SC. Q: But suppose I will instead file it with the CA. So.Section 9 – Jurisdiction – The Court of Appeals shall exercise: (1) Original jurisdiction to issue writs of mandamus. Interim Rules. So. is it also allowed? A: Yes. Now. pareho-pareho – I will invoke the jurisdiction of the two courts at the same time. . unless it is to review the action taken by the IAC on the petition filed with it. prohibition. meron pang isa. and I will file a petition for quo warranto. habeas corpus. eto. is it allowed? A: Yes. suppose I will do that. certiorari. Sec. Section 5). prohibition. and quo warranto. I will prepare two identical petitions. the Interim Rules are still intact. as I said. certiorari. if I would like to file a petition for habeas corpus. both courts will declare you in contempt of court and if you are a lawyer. the SC will also dismiss the one you filed before it.No petition for certiorari. Does the language sound familiar to you? “Original jurisdiction to issue writs of mandamus.” Did you hear that before? Under the original jurisdiction of the Supreme Court the language is the same. etc. So you end up with nothing because both courts will dismiss. without prejudice to the taking of appropriate action against the counsel or party concerned. we take the same provision for the second time. Petitions for writs of certiorari. In other words. contemptible practice of FORUM SHOPPING. certiorari. And not only that. this is what is called abhorrent. You will invoke the jurisdiction of two or more courts simultaneously. habeas corpus. you believe you are a clever lawyer. eh. including the Securities and Exchange Commission. In paragraph 2. APPELLATE JURISDICTION OF THE COURT OF APPEALS Now we’ll go the 3rd. decisions.” In paragraph 1. So that is enacted precisely to implement Section 9 Paragraph 2. the Social Security Commission. Paragraph 3 is the most popular jurisdiction of the CA. except those falling within the appellate jurisdiction of the SC in accordance with the Constitution. the word “exclusive” is not present. Of course. boards or commissions. if there is such a case of annulment of contract. there is also such a case as annulment of judgments of the RTC’s and you come to wonder: Q: What would be the ground? What will be the ground to annul the judgment of the RTC and how do you distinguish it from an appeal? A: The present 1997 Civil Procedure now contains a specific rule on this. Before 1997. Meaning. Most of the cases which land in the CA are appealed cases. Here in paragraph 2. BP 129 (3) Exclusive appellate jurisdiction over all final judgments. 1997. Original ito. you are familiar with the Civil Law about actions of annulment of contracts. the guidelines on annulment of judgment of the RTC’s are SC decisions. as amended. This is what is often involved. And that is Rule 47. instrumentalities. paragraph 2. it is not appellate jurisdiction. As already explained earlier in paragraph 1. That is an entirely new rule. we will discuss that rule very much later. But there is something that you will notice. So. is this similar to an appeal? Is this the same as appealing the decision of the RTC to the CA? A: No. But ‘yung guidelines are based on jurisprudence. you are invoking the appellate jurisdiction of the CA. an action to annul a judgment of the RTC. the Labor Code of the Philippines under PD 442. and of subparagraph (1) of the third paragraph and subparagraph (4) of the fourth paragraph of Sec. so paragraph 3 defines the appellate jurisdiction of the CA. paragraph 3. the original jurisdiction of the CA is exclusive with the CA. ba. Appellate. starting July 1. You can only file this type of action before the CA such as an action for annulment of judgments of the RTC’s. Yes. In paragraph 2. Right now. And the nature of the action is to annul a judgment of the RTC. the provisions of this Act. the jurisdiction of the CA is concurrent with the SC. it says there – “exclusive jurisdiction. the Employees Compensation Commission and the Civil Service Commission. BP 129 (2) “Exclusive” jurisdiction over actions for annulment of judgments of Regional Trial Courts. Well. Alright. there is now a specific rule on annulment of judgments of RTC. you will notice again that this type of action belongs to the original jurisdiction of the CA. . resolutions. because in appeal. There is no specific rule. Now.EXCLUSIVE JURISDICTION OF THE COURT OF APPEALS [2] Section 9. [3] Section 9. Q: Actions for annulment of judgments of RTC’s. you are filing an action before the CA for the first time. orders or awards of the RTCs and quasi-judicial agencies. 17 of the Judiciary Act of 1948. eh. orders or awards of RTC’s. in other words. the Employees Compensation commission and the Civil Service Commission (CSC). They can decide cases and there are hundreds of administrative agencies in the Philippines. decisions. instrumentalities. boards or commissions…” Not only decisions of the RTC but quasi-judicial. where it states that the ruling of each commission shall be reviewed by the SC? However. “including the SEC. if the RTC. or tribunals. all decisions of quasi-judicial agencies are supposed to be appealed to the CA. anywhere in the country renders a decision and you want to appeal. We know that already. At least transfer some of the workload to the CA. A: NO. When the issue is the constitutionality of the law. And not only only RTC’s. legality of any tax. That is the obvious purpose. then the decisions of the Labor Arbiter are appealable to the NLRC and then from there. if you will analyze paragraph 3. where will you go? Q: Is the decision of the NLRC appealable before the CA? Because it is also a quasi-judicial agency and under the law. It is a powerful court. whether civil or criminal. The decision of the NLRC is an exception – except those under the appellate jurisdiction of the SC under the Constitution and in accordance with the Labor Code (PD 422). Before this law was passed. treaty.Take note. this is what you call administrative bodies. So as a general rule. hindi puwede sa CA. the appeal from the CSC has been transferred to the CA. if you lost a case before anyone of these bodies. Article IX-A. So. decisions of the CSC are appealed to the SC together with the COMELEC and the COA. SSS. The phrase “except those falling within the appellate jurisdiction of the Supreme Court…”means all cases should be appealed to the CA except those which belong to the SC under the Constitution.” That is the addition. resolution. Gi-klaro ba. the jurisdiction of any lower court – yan. Obviously. The law says “and quasi-judicial agencies. Section 7. Diretso yan sa SC. this is how we reconcile it. under the Constitution. the same provision states that: “Unless otherwise provided by this Constitution or by law. So conclusion: NLRC decisions cannot be appealed to the CA and the only way to elevate it is to the SC by what we call . And also “except those falling under the Labor Code of the Philippines. Now. For a while there I thought that this was wrong because the CSC is a constitutional body and its decisions shall be appealed to a non-constitutional body like the CA. chances are it will go the to CA. the purpose of this statute is to unburden the SC with so many cases. you will notice that the CA is a powerful court because it has exclusive appellate jurisdiction over all final judgments. the appellate jurisdiction of the CA is EXCLUSIVE. eh – all RTC’s eh – exclusive pa. you appeal the decision not with the SC. how do we reconcile this with the Constitution. But with the passage of RA 7902.” And the law is the RA 7902. Administrative bodies are not actually part of the executive branch but they act just like courts of justice. And therefore. but to the CA. The amendments by RA 7902 is even more specific by adding this phrase. CSC – this is what I’ve notice before…I told you before. So. the Constitution and the law can provide for a different mode. so what is left behind in the Constitution is the COMELEC and the COA na lang.” A labor case is not supposed to be filed in court but with a quasi-judicial agency known as the NLRC and you start in the local level – from the Labor Arbiter. When by appeal from the RTC is on pure legal question. you cannot appeal directly to the SC. decisions of the Secretary of Labor. last paragraph. [4] Section 9. You must appeal to the CA. as explained here in this paragraph of the Judiciary Act of 1948. Aside from being an appellate court. SC yan. including the power to grant and conduct new trials or further proceedings. Alright. if the appeal is 100% constitutional issue. the new Judiciary Law still makes some reference to the old law. it can take the place of the RTC? Meaning. “Doon na lang sa CA. Subparagraph 4 of the fourth paragraph of Section 17. can I always ask the CA to allow me to present evidence? Does it mean to say now that since the CA is a very powerful court. That is what the paragraph is all about. Now what is this subparagraph 1 of the third paragraph? It only applies to criminal cases.certiorari. receive evidence and perform any and all acts necessary to resolve factual issues raised in cases falling within its original and appellate jurisdiction. It may receive evidence but only those evidence which were overlooked by the trial court. if I’m a party instead of presenting my case before the RTC. "the provisions of this Act. Q: If an issue of fact is tried before the RTC. Otherwise. A: Under the 1948 Judiciary Law. so that takes care of the jurisdiction of the CA. INTERMEDIATE APPELLATE COURT 125 SCRA 522 [1983] . And then there is the phrase. It can order a new trial or conduct a new trial itself. all of them should be sa SC na. you will be splitting the appeal into two parts. EXAMPLE: A person is sentenced to reclusion perpetua. and of subparagraph (1) of the third paragraph and subparagraph (4) of the fourth paragraph of Section 17 of the Judiciary Act of 1948. Some provisions are still intact because of the reference. Q: Suppose nasagulan ng questions of fact. jurisdictional or legality issue – appeal is to the SC under the Constitution. But if it is mixed with questions of fact. I will appeal questions of fact and questions of law. his co-accused is sentenced to reclusion temporal or prison mayor. but they are reviewable directly by the SC. I will not. Trials or hearings in the CA must be continuous and must be completed within three (3) months unless extended by the Chief Justice.” So. when the jurisdiction of the lower court is in issue. It is a unique court. Also. law. it also acts as a trial court. not appeal. This shows that the entire 1948 Judiciary Law has not been totally repealed. and all of them will appeal. You go first to the CA. BP 129: The Court of Appeals shall have the power to try cases and conduct hearings. (As amended by RA 7902) This paragraph shows that the present CA that we have now is a more powerful court than before. do not go to the SC. in other words. legality of tax.” A: That is already interpreted in the case of LINGER AND FISHER vs. The same thing on when the issue is on the constitutionality of a treaty. under the Labor Code are not reviewable by the CA. ” . or fully heard by the trial or respondent Court. It only refers to incidental facts. You cannot opt not to present evidence before the RTC.HELD: The power of the CA to receive evidence refers only to incidental facts which were not 100 percent touched upon. or matters which were simply overlooked by the trial court. “Evidence necessary in regards to factual issues raised in cases falling within the Appellate Court’s original and appellate jurisdiction contemplates ‘incidental’ facts which were not touched upon. The law could not have intended that the Appellate Court would hold an original and full trial of a main factual issue in a case. which properly pertains to Trial Courts. So. ‘no? And by going over their jurisdiction. In fact when the law took effect. Malita and Bansalan. you refer to your Section 14. So 41 RTC judges shall be commissioned for the 11th judicial region. one for each of the following regions: x x So the Judiciary law has divided the country into 13 areas which is called JUDICIAL REGION. Surallah. from Northern Luzon to Southern Mindanao? In your opinion? A: You look at the opening clause of Section 13: Section 13 (1) Creation of Regional Trial Courts – There are hereby created thirteen (13) Regional Trial Courts. according to Section 14. kung branches siguro. as a matter of fact. From the 1st to the 12th. Bagangga and Butuan. Now. Nabunturan and Panabo. unless from 1991 to the present dinagdagan na naman nila. Ginanga. There should be 6 branches which sits thereafter for the province of Davao del Norte. Metro Manila. ‘Yan…talagang mabigat ang trabaho nitong RTC. based on the amendment in 1991. Or. this has been amended many times because from 1980 up to the present. Before. Then 10 branches whish sit thereat for the province of South Cotabato and the City of General Santos which sit at General Santos City. Koronadal [the City of Eumir. there are 13 RTCs. there are originally 29 RTC judges commissioned for the 11th judicial region – 29 originally. ‘Yan… Actually. kasi mabigat ang trabaho diyan. you will see that it is a court of general jurisdiction and it is actually the workforce of the whole judiciary. and Polomolok. huwag ka na lang magtrabaho diyan. what the law says is that. Q: How many RTC’s are there in the Philippines. You end up with administrative cases for laziness. here is where you will go back to your fundamentals. if you want to know exactly how many there are. Digos. somebody asked me. you want to excel. Four branches which sit thereat for the province of Davao Oriental which sits at Mati. So that is how they are distributed within the 11th the juridical region. So there are 13 courts with almost 1000 judges. So mabuti pa.JURISDICTION OF THE REGIONAL TRIAL COURTS Ito ang third level. you want to do your job properly and efficiently. And 5 branches which sit thereat for the province of Surigao del Sur which sit at Tandag. So there are supposed to be 41 RTC judges for the 11th judicial region. Francis and Mortz]. Now. . Every division is divided into branches and the number of branches keep on increasing by law. Sixteen branches which sit thereat for the province of Davao del Sur. to what region do we belong? We are in the 11th judicial region. As I said. Bislig and Kantilan. So. gusto mong mag-judge sa RTC?” Inyuha na na! (Burawi nyo!) Inyo na nang trabaho na ‘yan because there are 2 things there when you get the job of the RTC judge: Of course. pero bakit ‘yun ganoon? Davao City lang. it was increased from 29 to 41. the 13th is actually in the National Capital Region (NCR). which sits at Tagum. So there is one RTC for the 11th judicial region. Their workload is terrible. left and right. And the City of Davao which sits at Davao City. “Dean. and every court is divided into branches. from what I know. malapit nang maging 1000 throughout the country. you will die early because of the workload. you end up as one who is lazy. more than 10 na? Well. Congress passed laws. A court is not the same as a judge. Actually. 00 based on the assessed value of the property. But kung forcible entry and unlawful detainer. where such demand or claim exceeds Two Hundred Thousand pesos (P200. EXAMPLE is an action for annulment. In most cases that we know. So. eh. real property or any interest therein. Municipal Circuit Trial Courts. an action for specific performance.00.000 except actions for forcible entry into and unlawful detainer of lands and buildings. if in Metro Manila. or possession of. PhP 400. accion reinvidicatoria. klaro yan – walang RTC. in Metro Manila. provided the value of the property exceeds P20. where such value exceeds P50. rescission of contract. then value is P50.000.00] or. centavos. But outside Metro Manila. Now. the subject is expressed in terms of amount of damages ba. [3] In all civil actions in admiralty and maritime jurisdiction where the demand or claim exceeds One Hundred Thousand pesos (P100.000]. But here. quieting of title. for a lesser value. where will you file it? RTC or . [2] In all civil actions which involve the title to. So.000. MTC has jurisdiction.000 or for civil actions in Metro Manila. This is why MTCs now has jurisdiction over accion publiciana when the value of the property is P20. original jurisdiction over which is conferred upon the Metropolitan Trial Courts. in this civil case. Alright.Sec. Q: If you are going to file a case against the shipping company. where the assessed value of the property involved exceeds P20. You would like to file a claim or a case against the carrier. that after trial that the court should order the defendant to pay him the sum of P500. which the subject of the litigation is What does it mean? When the subject of the litigation is not expressed in terms of pesos. Ang nakalagay sa demanda niya.00)[now. It cannot be estimated or calculated in pesos.000. an action for the permanent injunction against somebody. the demand of the plaintiff is expressed in terms of amount. EXAMPLE: A creditor will file a case for the collection of the unpaid loan from the defendant.000. the court shall award to the defendant damages amounting to half a million. The best example would be accion publiciana. EXAMPLE: The shipper will ship to you in Davao goods involving common carrier. an action for declaratory relief by express provision of the law now. 19 Jurisdiction in civil cases – Regional Trial Courts shall exercise exclusive original jurisdiction: [1] In all civil actions in incapable of pecuniary estimation. So real actions outside of forcible entry and unlawful detainer. Karamihan ng kaso ganyan.000. the goods are lost or they are totally damaged.000 na utang with interest.000 or less. the assessed value is only P20. what kind of a case? That is an admiralty or maritime case. the subject of the civil case is not capable of pecuniary estimation. While in transit.00) [now PhP 200. 000. If your claim of the damaged or lost cargo exceeds P200.000 na yan. it is doubled. and action for support. Take note that prior to August 16. and (8). Now.000. his estate. the abovementioned jurisdictional amounts shall be adjusted after five (5) years from the effectivity of this Act to Four hundred thousand pesos (P400.000. If it exceeds P200. 19(3). the gross should be more than P400.000. 5.00). After five (5) years from the effectivity of this Act. [4] In all matters of probate.00) [now P400. Then after another 5 years (2004). These cases are the ones arising under the Family Code.000]. the claim is adjusted to P200. the claim should exceed P100. where such gross value exceeds Two Hundred Thousand pesos (P200.000 or less. Take note that these cases are NO LONGER covered by the RTC because under RA 8369 (Family Courts Act of 1997). In Metro Manila. RTC or MTC? A: It depends on how much is the gross value of his estate.000.000 na. however. So after August 16. both estate and intestate.000.000 value. 33(1) of Batas Pambansa Blg. where the gross value of the estate exceeds One Hundred Thousand pesos (P100. Q: What are the possible actions which you can imagine involve the contract of marriage and marital relations? A: Annulment of marriage. such jurisdictional amounts shall be adjusted further to Three hundred thousand pesos (P300. respectively pursuant to Section 5 of RA 7691 which took effect last August 15. Now do not confuse this with No. declaration of nullity.000. RTC.000 in Metro Manila as the case may be. That is what you call either as testate or intestate proceedings depending on whether the deceased left a will or none.00 naging P200. 2 because that involves LAND with more than P20. it should be with the MTC.000 or less. (4). Q: Where should the estate of the deceased person be settled.00). dissolution of the absolute community of husband and wife. In Metro Manila again. legal separation. aakyat na naman ang jurisdiction ng MTC. his property will be settled for the benefit of his creditors and heirs. and Sec.000 or P200. sa MTC. the jurisdictional amounts mentioned in Sec. Most of these cases are under the Family Code. in probate matters in Metro Manila. when a person dies. Automatic ha.000. That in the case of Metro Manila.000. the jurisdiction is higher – it should be over P400.000 in Metro Manila. And again. 129 as amended by this Act. 1999 (5 years from the effectivity of RA 7691) yung P100.MTC? A: It depends on how much is your claim. if it is P200.000] or.000 and P400.00 magiging P300.000.000.00) [now P200. shall be adjusted to Two hundred thousand pesos (P200. Five (5) years thereafter. 1999. this will automatically increase after 5 years from 1999. If it is P200. where it arises out of a marital relationship. naging P400. sa RTC.000. . In the subject of Wills and Succession. Sec. [5] In all actions involving the contract of marriage and marital relations.00): Provided. So from the original P100.000. 1995: RA 7691. these cases should now be tried by the FAMILY COURTS. Yung P200. c) Petitions for adoption of children and the revocation thereof. SECTION 5. (Series of 1986). agricultural lessor. 56. x x x x x x Now. — The Family Courts shall have exclusive original jurisdiction to hear and decide the following cases: x x x x x x d) Complaints for annulment of marriage. declaration of nullity of marriage and those relating to marital status and property relations of husband and wife or those living together under different status and agreements. the CAR and the JDRCs were abolished. [7] In all civil actions and special proceedings falling within the exclusive original jurisdiction of a Juvenile and Domestic Relations Court and of the Court of Agrarian Relations as now provided by law. Under the CARL. or restoration of parental authority and other cases cognizable under Presidential Decree No. Jurisdiction of Family Courts. the suspension. agricultural lands. We shall skip first no. habeas corpus in relation to the latter. lessor and lessee were transferred to the . We will return to that later. Jurisdiction of Family Courts. custody of children. in areas where there are no family courts.RA 8369. What were the cases which were usually falling within the original jurisdiction of the former JDRC? Usually. Cases which they used to handle were automatically transferred to the RTC. That was after BP 129 took effect. Under BP 129. petitions for voluntary or involuntary commitment of children. SECTION 5. [e]. 1988). [g]) RA 8369. 7. Let’s go to no. Among these courts were the so called Juvenile and Domestic Relations Courts (JDRC). adoption proceedings – these are the cases which are usually heard by the JDRC. those involving family and children. Before BP 129. When BP 129 was enacted. [c]. 6. x x x x g) Petitions for declaration of status of children as abandoned. Executive Order No. So certain branches of the RTC will act as family courts (acting family courts. this has been amended again by RA 8369 (Family Courts Act of 1997) These cases are now under the jurisdiction of the FAMILY COURTS: (See Sections 5 [b]. custody of children. dependent or neglected children. all of these are now within the jurisdiction of RTC. compulsory recognition. like support filed by the child against his father. — The Family Courts shall have exclusive original jurisdiction to hear and decide the following cases: x x x x b) Petitions for guardianship. the cases shall be adjudicated by the RTC. and petitions for dissolution of conjugal partnership of gains. x x x x x But the law transferring the jurisdiction of the CAR to the RTC became partially obsolete with the enactment of the Comprehensive Agrarian Reform Law (CARL) or RA 6657 (June 15. all agrarian disputes between landlord and tenant. agricultural lessee. these were special courts existing before 1980. and other related laws. 603. Then you have the Court of Agrarian Relations (CAR) which tried the cases involving tenancy. termination. HOWEVER. you go to RTC and you ask for higher compensation.000] The best example is money claim. and 8. in such other cases in Metro Manila. where the demand. Said provisions thus delimit the jurisdiction of the regional trial courts in agrarian cases only to two instances: 7. If the amount that you are collecting is only P200. from CAR to RTC.000.000. 1987. EXAMPLE: If you are a landowner and your agricultural land is placed under the CARP coverage. [8] In all cases in which the demand.000 or less obviously.000 – MTC So this is the same as number [3] and [4] where the jurisdiction of the MTC was raised from . you file your case in the MTC. If it is over P200. in Metro Manila. Q: Unpaid loan – you would like to collect an unpaid loan of your debtor. So. attorney’s fees. Now.) prosecution of criminal offenses under said Act. which took effect on August 29.000. COURT OF APPEALS 201 SCRA 609 [1991] HELD: “Wth the enactment of Executive Order No. the property which has been taken under CARP law.) petitions for the determination of just compensation to landowners. Where will you file your case? A: It depends on how much are you collecting. If the value of the claim is > P200. This was explained by the SC in the case of QUISMUNDO vs.00)[now P400.) Cases where the issue is PAYMENT OF JUST COMPENSATION. EXCEPT in the following 2 cases: g. damages of whatever kind.000] or. Agrabiyado ka sa compensation ng gobyerno. The trouble is that you did not lot agree on the amount of payment.000 outside Metro Manila – RTC. and costs or the value of the property in controversy exceeds One Hundred Thousand pesos (P100. making them quasi-judicial cases . Most cases which go to court now are money claims – an action to collect sum of money. double the amount – P400. litigation expenses. f or. So these are the only agrarian cases which still belongs to the RTC. the government will fix the payment for you.000 – RTC If the value of the claim is = or < P200. The said jurisdiction is now vested in the Department of Agrarian Reform.DAR particularly the DAR Adjudication Board (DARAB). exclusive of the above-mentioned items exceeds Two Hundred Thousand pesos (P200.00) [now P200. exclusive of interest. 1. from RTC to DARAB So the RTC has NO jurisdiction. the Regional Trial Courts were divested of their general jurisdiction to try agrarian reform matters. 229.) Prosecution of criminal offenses for violation of the CARL. while attorney’s fees and litigation expenses are governed by the Civil Code. exemplary. Yaaann! The SC said in this Circular. where will you file the case? Somebody said it should be in the MTC because in determining the jurisdiction of the RTC.” Q: What are litigation expenses and costs? A: Costs are not the same as attorney’s fees and litigation expenses. Instead of bringing you to your destination. You now sue the common carrier for damages and your claim is P1 million for injuries. damages. And under the present law. The rule is.000. like breach of contract of carriage. Actually. all for damages. etc. you include it in determining tire P200.000 to P100. Pastor rode on a PAL fight. do not include the interest. Otherwise. because the law says the jurisdiction of the RTC is above P200. you only exclude the damages if it is a secondary claim. Q: Where will she file her case? A: RTC because the amount of the claim for damages exceeded P200.000.000. attorney’s fees. But if damages is the primary or only claim. The plane crashed but she survived.000. or equal to or less than P200.000.000. the interest is P30. That is absurd! I do not believe that kung puro damages wala ng jurisdiction ang RTC. all damage suits should be filed in the MTC.P20. this is subject to the automatic increase in jurisdiction by 2004. EXAMPLE: Ms. I said. attorney’s fees. etc. This question has been clarified by SC Circular No. If the main cause of action is 100% damages. The claim in this case is P1 million. “the exclusive damages of whatever kind” in determining the jurisdiction under Section 19 paragraph [8] applies to cases where the damages are merely incidental to or a consequence of the main cause of action. Where will I file the case? A: MTC pa rin. Because there is some confusion there. moral. another P10. Costs are governed by Rule 141. damages of whatever kind. However. you determine whether the total claim for damages is above P200. you ended up in the hospital. if the claim for damages is the main cause of . all damage suits cannot be tried by the RTC because remember.000. you pay filing fee for these cases but the jurisdiction is limited to the MTC.000 for expense of litigation. So my total claim is P250. In determining the jurisdictional limit of P200. Since the case is purely for damages.000 for moral damages. akala ang costs and litigation expense. No. litigation expenses. So you deduct those from the principal claim even if you put them in your complaint because the law says. and costs xxx.000. attorney’s fees and litigation expenses are part of damages. “xxx exclusive of interest. Now. And you are collecting P10. Q: Suppose the principal amount that you borrowed from me is P200.000 but do not include damages. Now. But again. ACTIONS PURELY FOR DAMAGES SITUATION: Suppose the action is purely for damages. it is now P200. If that is the interpretation.000. it is included in determining the jurisdiction of the court.000 jurisdictional limit of the MTC. 09-94: “Guidelines in the Implementation of RA 7691 Extending the Jurisdiction of the MTCs” where the SC said that the provision excluding damages applies only if the damages are INCIDENTAL to the action. you do not include damages. pareho. She claims for damages for breach of contract of carriage amounting to P1 million. they are not the same. etc. sa MTC. It if is only P200. litigation expenses. the unpaid seller would like to rescind the sale and get back the unit. Therefore.000. Q: In what court will Inay file a civil case where she wants to recover a piece of land with value of only P20. Where will the unpaid seller file the case? A: If above P200. Now. Like for example. Let us go to some interesting cases on this provision. being incidental. it should be in the RTC.000 or less.000 for damages. Then you say in your motion to dismiss. the RTC has no jurisdiction. Q: In the subject of Sales. then you observe the P200. but only P80. if my actions against you is purely damages.000…. However. which will prevail? You will learn later that the allegations of the complaint will prevail.000? A: MTC because of paragraph [2]. the law says. . But her claim for damages exceeds P300.000 sa RTC ka. With that.000. But ang damages naman is P300.000.000? MTC pa rin iyan because such damages. is not included in determining the jurisdiction of the RTC. attorney’s fees.” Q: (By a classmate. For the moment. Review class) Who shall determine the value or how should the value be determined? A: You will learn the answer when we reach Rule 16 on Motion to Dismiss. If the property sought to be recovered is real. we will discuss the conflict later. It is the complaint which will determined whether the court has jurisdiction over the subject matter. That is the explanation. In determining the jurisdiction of the court.” Q: What is the property in controversy? A: Obviously here.000 jurisdictional limit. in the meantime. I will file a case against you for an unpaid loan of P250. “No! ang utang ko sa iyo is not P150. EXAMPLE: Inay will file a case against Janis to recover a piece of land worth P20.00 only.” So there is now a conflict with what I’m saying and with what you are saying. damages of whatever kind. and costs or THE VALUE OF THE PROPERTY IN CONTROVERSY exceeds P200. you follow the plaintiff because jurisdiction is determined by the allegations of the complaint.000. the amount of such claim should be considered in determining the jurisdiction. But if the action is purely damages. we do not know who is telling the truth. Ang main action is to recover a piece of land. That is the answer there. like I will file a case against you for damages arising from vehicular collision and I will claim P300. It is not based on what the defendant is saying. “exclusive of interest. Now. apply paragraph [2] of Section 19 on recovery of real property. the property is PERSONAL PROPERTY not real. So this is an example of “the value of the [personal] property in controversy. So.000. you will notice ang claim for damages is incidental lang. The term “excluding damages” applies only if the damages are purely incidental to the case. the rule is.action. the action is one not capable of pecuniary estimation.” [6] In all cases not within the exclusive jurisdiction of any court. The title of the action is not determinative of the court. It should be filed in the RTC.” So it is cognizable by the RTC. to claim non-payment of wages. HELD: The MTC has NO jurisdiction. Under the Labor Code. After certain conditions are complied B has to return the amount to A. “When a party to a contract has agreed to refund to the other party a sum of money upon compliance by the latter of certain conditions and only upon compliance therewith may what is legally due him under the written contract be demanded. EXAMPLE: An employee. where will you file your action? A: CA only – an exclusive original jurisdiction of the action for annulment of the judgment of the RTC. The plaintiff is wrong. You are compelling him to comply with the agreement – to return the money after certain condition are complied with. files a case against the employer. belongs to me.. It is not an action to collect a loan. Q: If you want to file an action for annulment of judgment of RTC. So it does not belong to RTC but if there is no vesting to NLRC. According to A the conditions are already complied with but B still refuses to return the money. A filed the case in the MTC. Does it belong to the CA? . di ba? You are trying to enforce your agreement. Kenneth Lim. ECOLA and reinstatement for illegal termination. A case which does not belong to any other court. You are not recovering a loan. when he filed the complaint. HERRERA 120 SCRA 89 [1983] FACTS: A entered into an agreement with B where A deposited the sum of P50. tribunal. overtime pay. LTD PARTNERSHIP vs. dapat sa NLRC. Let’s try to connect it with something you know. “The factual allegations in the complaint seeking for the performance of an obligation of a written contract which is a matter clearly incapable of pecuniary estimation prevail over the designation of the complaint as one for the sum of money and damages.000 with B. then it goes to the RTC. So A filed a complaint which he denominated as sum of money and since he is only asking for the return of P50. Inday Locsin. Q: Suppose Karen will file an action for annulment of judgment of the MTC. this makes the RTC the universal catcher – what does not belong to anyone of you. person or body exercising judicial or quasi-judicial functions Practically. it is entitled “for sum of money” which should fall under paragraph [8]. ISSUE #1: Whether or note the MTC has jurisdiction over the case. Just like the rule on contracts where the nature of the contract is not determined by the title but by stipulation. Is the plaintiff correct? HELD: NO.ORTIGAS AND CO.000. That’s what this provision is saying. therefore your action is an action for SPECIFIC PERFORMANCE which should be tried by the RTC under paragraph [1]. ISSUE #2: But according to the plaintiff. The counterpart of this case was the case of CT TORRES ENTERPRISES. HELD: The regular courts have no jurisdiction. Later on. the buyer refused to pay the unpaid installments. Saan ka pupunta? There is really no provision in BP 129 which goes that way. HIBIONADA 191 SCRA 268 [1990] FACTS: This is also the case between the buyers of a subdivision lot against the subdivision developer. parang money claims sa RTC or MTC.” Can the HLURB award damages? According to the SC: “The argument that only courts of justice can adjudicate claims resoluble under the provisions of the Civil Code is out of step with the fast-changing times. I don’t think you can go to NLRC. HELD: The jurisdiction is with the HLURB and not with the regular courts. which normally is only awarded by courts. CANEBA 190 SCRA 77 [1990] FACTS: The quarrel in this case involves the owner of the subdivision and the buyer.A: NO! What the law says is: annulment of judgment of RTC. How about Supreme Court? Lalong wala. this. INC. As a matter of fact in Labor Relations. This quasi-judicial function. is exercised by them as an incident of the principal power entrusted to them of regulating certain activities falling under their particular expertise. There are hundreds of administrative bodies now performing this function by virtue of a valid authorization from the legislature. But according to the plaintiff “But I’m also claiming for damages so that it should be filed before the regular courts. SANDOVAL vs. if you look at the law. Only this time baliktad – it is the subdivision lot buyers who are suing the developer of the subdivision. there are problems reaching the SC on jurisdiction – whether a case belongs to this. Under PD 957. Wala kang mapuntahan. saan ka tatakbo? Sa RTC because it does not belong to the jurisdiction of any other court. the question is asked whether the NLRC is authorized to grant damages also to an employee. Now. vs. to the regular court or to a special quasi-judicial body. The subdivision lot owners filed against the subdivision developer for not maintaining properly the roads of the subdivision. .” So quasi-judicial bodies are now authorized to award damages. So they filed a case for specific performance with damages to compel the developer to comply with the contract to maintain the roads. it is the HLURB not the RTC or MTC which has the jurisdiction to hear a case involving nonpayment of installments over subdivision lots. and not MTC. as it is called. How can the HLURB award damages? Only the regular courts can award the damages. The subdivision developer filed a case for the collection of unpaid installments over the subdivision lots. That should be decided by the Housing and Land Use Regulatory Board (HLURB) formerly known as NHA. moral and exemplary. And we are going to go over some of these cases. It should fall under paragraph [6] That is why. actions involving title to a real property are to be tried by the RTC. When these contracts to sell are still ongoing the Jarenos sold these lots to other buyers and the title was transferred to the second buyer. according to Fajardo. the jurisdiction of the case belongs to the RTC and not with the HLURB because the title of the lots are transferred to the other buyers. Now. even damages now can be awarded by administrative bodies such as NLRC. HELD: The RTC has NO jurisdiction again because PD 1281 vested with the Bureau of Mines with jurisdictional supervision and control over all issues on mining claims and that the Bureau of Mines shall have the original exclusive jurisdiction to hear and decide cases involving the cancellation and enforcement of mining contracts. The trend is to make the adjudication of mining cases a purely administrative matter.” So it is still with the HLURB and not with the regular courts. So when Fajardo et al learned about it. the Jarenos bound themselves to sell to Fajardo et al the of subject thereof. the complaints also involve specific performance of the contractual and statutory obligations of the owners or developers of the subdivision. I enter into a contract with you and then later on I sold the contract to a third person. So it was filed with the RTC. fourthly. Then later on. as buyers. one wants to file a case for rescission of the agreement for one reason or another. BAUTISTA 232 SCRA 291 [1994] FACTS: Isabelo and Marita Jareno and the owners and developers of a subdivision. The practice in the case is not a sound real estate business – I am a developer. 1344. their action is for the annulment of title to a third person. HELD: The RTC still has NO jurisdiction because the case involved unsound real estate business practice on the part of the subdivision owners and developers.The Labor Code says yes.D. Thirdly. under the Judiciary Law. unsound real estate business practice is under the HLURB. In other words. FAJARDO vs. It is no longer under the name of Jareno. BENGUET CORPORATION vs. Another case is the case of . and after the latter shall have paid the purchase price and interest shall execute in favor of Fajardo et al the corresponding deeds of sale. they filed separate complaints with the RTC for annulment of the sale to the other buyers. the HLURB has the exclusive jurisdiction to hear and decide the matter. Secondly. Fajardo and others. that is unsound! “By virtue of P. signed separate contracts each designated a contract to sell under which for consideration therein stated. Under the law. LEVISTE 204 SCRA 99 [1991] FACTS: A mining company entered into a operations agreement for management with another mining company. these third persons are not the developers. In addition to involving unsound real estate business practices. That is the government body which administers all government examination for professionals except members of the law profession. They are prohibited from receiving any handouts. By next year.” Let’s go to Professional Regulation Commission (PRC). ruling orresolution of any quasi-judicial body. So petitioners Lupangco et al. 105 which was adopted by the PRC as a measure to preserve the integrity of licensure examinations. “The failure of petitioners to pay back rentals pursuant to the leasehold contract with landowner is an issue which is clearly beyond the legal competence of the trial court to resolve. They filed it with the RTC. It also acts as legislative body by issuing rules and regulations. There were some anomalies (leakages) in the 1985 CPA Board Examination. This is an agrarian dispute which exclusively cognizable by the DARAB. The doctrine of primary jurisdiction does not warrant a court to arrogate unto itself the authority to resolve a controversy the jurisdiction over which is initially lodged with an administrative body of special competence. COURT OF APPEALS 160 SCRA 848 [1988] FACTS: Lupangco et al were BS Accounting graduates and reviewing to take the CPA exams in 1985. order. The PRC moved to dismiss alleging that the RTC has no jurisdiction over the case because the one which has the jurisdiction is the CA – exclusive jurisdiction to review any decision. including plumber and marine officers. “The authority of the CA to review all resolutions of all quasi-judicial bodies pursuant to the law does not cover rules and regulations of general applicability issued by the administrative body to implement its purely administrative policies and functions like Resolution No.MACHETE vs. lahat andiyan sa kanila. Sa medicine. HELD: The RTC has no jurisdiction over cases for collection of back rentals for the leasehold tenants. engineer. It is not the type of resolution contemplated by Section 9. So their resolution can only be questioned before the CA and not with the RTC. The landowner filed the money claims before the RTC. what kind of resolution is being questioned here? It is a resolution pursuant to it purely administrative function. Therefore. HELD: The PRC is WRONG because PRC is not only a quasi-judicial body. it is also a quasi-legislative body. COURT OF APPEALS 250 SCRA 176 [1995] FACTS: This case involves the collection by the landowner of unpaid back rentals from his leasehold tenants. review materials or any tip from any school. 105 of the PRC. . Basta lahat ng merong examination sa kanila yan except sa bar which is under the jurisdiction of the SC. Now. Now. college or university. it does not belong to the CA. And the PRC is a quasi-judicial body. CPA. this is what happened in the case of LUPANGCO ET AL vs. the PRC passed a resolution prohibiting CPA examinees to attend review classes or conferences because of leakages. all CPA reviewers filed an injunction suit against the PRC and to declare the resolution unconstitutional. That was Resolution No.” So that is not the resolution reviewable by the CA. It is a measure to preserve the integrity of licensure examination. . 1990. Now what happened here is that on December 5. definitely not the SC. and injunction which may be enforced in any part of their respective regions.” CONCURRENT ORIGINAL JURISDICTION OF THE RTC Sec. when there is a dispute between an operator or dealer and an Oil company regarding dealership agreement. mandamus. This is obviously a civil law question.body exercising Judicial or quasi-judicial functions.Regional Trial Courts shall exercise original jurisdiction: [1] In the issuance of writs of certiorari. HELD: The RTC has jurisdiction because “a contract of sale of petroleum products was here perfected between Caltex and its operator/dealer Bernardo. So he ordered in the morning. in what court can you question the resolution? Definitely. So if the dispute arose out of the relationship as bebtor and creditor. ordered gasoline from Caltex. there was a price increase. not the CA. So it belongs to the jurisdiction of the RTC. So any dispute regarding their relationship agreement except disputes arising out of the relationship as debtor and creditor. habeas corpus. It is rather one cognizable by the Regional Trial Court. tribunal or. under what provision under Section 19 can we justify the jurisdiction of the RTC in the case. that in virtue of the payment admittedly made by Bernardo. Bernardo. the case shall be under the jurisdiction of the Energy Regulatory Board (ERB). whereas in Section 21 you have .] where the subject matter of the suit is not capable of pecuniary estimation because what is the nature of the demands is to declare unconstitutional this resolution. it may fall under paragraph 6 where the case is not within the exclusive jurisdiction by any court. and that the only issue is the manner by which Caltex shall perform its commitment in Bernardo’s favor. No.Now. Caltex argued that the case should be filed with the ERB. as a dispute indeed ‘arising out of their relationship as debtor and creditor. it can also fall under paragraph [1. prohibition. Caltex charged Bernardo for the increased price. Or. The SC said: It is under paragraph 1 where the case is incapable of pecuniary estimation or. to repeat. quo warranto. beyond the cognizance of the Energy Regulatory Board. INC.O. Q: What is the difference between the original jurisdiction of the RTC in Section 21 and the original jurisdiction of the RTC in Section 19? A: In Section 19. So when the gasoline was delivered the following day. At 6:00 at night on the same day. 1990. it should be filed with the RTC. CALTEX PHIL. So. is simply the prices at which the petroleum products shall be deemed to have been purchased from Caltex by Bernardo in December 5. you have the EXCLUSIVE original jurisdiction. a dealer of Caltex. Caltex became a “debtor” to him in the sense that it was obligated to make delivery to Bernardo of the petroleum products ordered by him. 21. if it is not reviewable by the CA. 172. 216 SCRA 170 [1992] FACTS: Under E. BERNARDO vs. Bernardo refused to pay and he he filed a case before the RTC. Original jurisdiction in other cases. one determinable according to the provisions of the Civil Code and hence. I don’t think it’s with the NLRC. So it will fall under the jurisdiction of the RTC.’” “What the controversy is all about. and RTC have original concurrent jurisdiction under Section 21. Unlike writs issued by the SC and CA. Section 21 paragraph 2 states only of the concurrent original jurisdiction of the SC and RTC. stenographic notes. Q: How will the RTC decide on the appeal? A: It shall be decided on the basis of the entire record of the proceedings had in the court of origin (MTC) such as memoranda and/or briefs as may be submitted. mandamus. These are cases decided by the MTC. . (b) CA under Section 9. [2] In actions affecting ambassadors and other public ministers and consuls. So they act as a sort of ‘court of appeals. The SC and RTC have original concurrent jurisdiction in actions affecting ambassadors. It is only a matter of reviewing the testimony. habeas corpus. is the decision by the RTC rendered pursuant to its appellate jurisdiction appealable to the CA? . Such writs may be issued by (a) the RTC under Section 19. This is concurrent with the CA and the SC. Like issuance of writs of certiorari. Q: What are memoranda and briefs? A: It is where the appealing party will argue that the decision is wrong and try to convince the judge that the decision is wrong.Regional Trial Courts shall exercise appellate jurisdiction over all cases decided by MetTCs. the SC. evidence presented. However the only difference is that writs issued by an RTC can only be enforced in the same region where the RTC belongs. 22. Thus “original” jurisdiction stated in Section 21 is also shared with the SC and CA. Now take note that the RTC also has appellate jurisdiction under Section 22. quo warranto.the original jurisdiction but CONCURRENT with other courts. memoranda and briefs by the RTC judge. The 3 courts share concurrent jurisdiction over these cases. Q: Assuming that the case is originated in the MTC and subsequently dismissed by the RTC on appeal. Section 19 on the jurisdiction of CA does not include the action stated in section 21 paragraph 2 as part of its (CA’s) jurisdiction. APPELLATE JURISDICTION OF THE RTC Sec. The decision of the RTCs in such cases shall be appealable by petition for review to the CA which may give it due course only when the petition show prima facie that the lower court has committed an error of fact or law that will warrant a reversal or modification of the decision or judgment sought to be reviewed.’ The RTC exercises appellate jurisdiction over all cases decided by the MTC in their respective territorial jurisdiction. they can be enforced anywhere in the Philippines. Therefore . Such cases shall be decided on the basis of the entire record of the proceedings had in the court of origin and such memoranda and/or briefs as may be submitted by the parties or required by the RTCs. Appellate jurisdiction. and the other party to counter act that the decision is correct. etc. CA. This means that witnesses will not be made to appear again in the appeal. MTCs and MCTCs in their respective territorial jurisdictions. other public ministers and consuls. and (c) SC under Article VIII Section 5 of the Constitution. prohibition. which is dismissed the same and subsequently appealed to the CA? A: The former (RTC – CA) is in pursuance to the original jurisdiction of the RTC. 85 are thrown out. The decision of the RTC in such cases shall be appealable by petition to review to the CA. They did not pass the test under Section 22. however.) As to the EXCLUSIVE original jurisdiction – Section 19 (BP 129). even if your appeal is on time and properly made. 13. It is really a difficult process. the CA will entertain it.A: YES. The latter (MTC-RTC-CA) is in pursuance to the appellate jurisdiction of the RTC.) As to its APPELLATE jurisdiction – Section 22 (BP 129) . It is different. Meaning. where an appeal to the CA is a matter of course. the rate of petitions for review from the RTC which are given due course is only 15%-17%. For every 100 petitions for review.) As to its original CONCURRENT jurisdiction – Section 21 (BP 129). but the mode of appeal is now different. The CA may or may not give it due course. Q: What is the difference between an appeal made from the RTC to CA and appeal from the MTC to RTC. there is no assurance that the CA will entertain the appeal. 15 are given due course. statistically for the past 20 years. in a case under the appellate jurisdiction of the RTC. Now. for as long as your appeal is on time and properly made. The CA may give it due course only when your petition for review shows prima facie evidence that the lower court has committed as error of fact or law that will warrant a reversal or modification of the decision or judgment sought to be reviewed. 12. Summary of RTC jurisdiction: 11. (They are governed by different rules) To illustrate: Pursuant to original jurisdiction of the RTC: COURT OF APPEALS Pursuant to appellate jurisdiction of the RTC: COURT OF APPEALS Ordinary appeal (Rule 41) RTC Petition for Review (Rule 42) RTC Ordinary Appeal (Rule 40) MTC Unlike in a case under the original jurisdiction of the RTC. Summary of jurisdiction of MTC: h. estate. when you know the jurisdiction of the RTC. If it claims for moral and exemplary damages.000. including the grant of provisional remedies in proper cases. sa MTC. automatically you will also know that of the MTC. damages of whatever kind. If not stated. attorneys fees. estate. Same with civil cases.) EXCLUSIVE ORIGINAL JURISDICTION OF THE MTC Sec. damages of whatever kind. or amount of the demand does not exceed four hundred thousand pesos (P400. automatically you know the jurisdiction of the MTC. litigation expenses.Metropolitan Trial Courts. and costs. and costs shall be included in the determination of the filing fees: Provided further. 33. damages of whatever kind.) As to original jurisdiction – Section 33 i. the filing of criminal action. we will now go to decided cases involving docket fees. imprisonment of more than 6 years until death penalty. Jurisdiction of Metropolitan Trial Courts. exclusive of interest.JURISDICTION OF THE MUNICIPAL TRIAL COURTS Actually. JURISPRUDENCE ON THE FILING FEE IN CIVIL CASES: Rule 111. or amount of the demand does not exceed Two hundred thousand pesos (P200. the higher the amount one is claiming the higher the filing fee. Thus. the amount of which must be specifically alleged: Provided. the civil aspect is deemed instituted. litigation expenses and cost are not included in determining the jurisdiction. irrespective of whether the causes of action arose out of the same or different transactions.00) or. the amount of the demand shall be the totality of the claims in all the causes of action. Municipal Trial Courts and Municipal Circuit Trial Courts shall exercise: 1) Exclusive original jurisdiction over civil actions and probate proceedings. sa RTC. In criminal cases for example. . litigation expenses. where the value of the personal property. Compensatory damages are exempt from the filing of the fee.) As to special jurisdiction – Section 35 A.) As to delegated jurisdiction – Section 34 j. Well if you know the jurisdiction of the RTC on money claims and probate cases. That interest. embodied in the same complaint. So. it is only the principal claim or the main claim which is computed. attorney's fees.000. necessarily 6 years or below.00). testate and intestate. Even if the amount of damages and attorney’s fees do not determine jurisdiction. then it will be a lien in the judgment. attorney's fees. So with that . the filing fees should be paid immediately. Municipal Trial Courts and Municipal Circuit Trial Courts in civil cases. Interest. Under the law. That where there are several claims or causes of actions between the same or different parties. in Metro Manila where such personal property. . they must still be specifically alleged in the complaint for the purpose of payment of docket fees. The remedy is to re-file the complaint and pay again the complete amount of the docket fee. Even if a complaint is filed. that it cannot be done. the defect is incurable. Where the filing of the initiatory pleading is not accompanied by payment of the docket fee. The court may also allow payment of said fee within a reasonable time but also in no case beyond its applicable prescriptive or reglementary period. The prior payment made is forfeited in as much as the defect in the first complaint is incurable. It is not simply the filing of the complaint or appropriate initiatory pleading. The moment the case is filed. Respondent contended. ON December 2. COURT OF APPEALS 170 SCRA 274 [1989] HELD: Thus. which shall not be considered filed until and unless the filing fee prescribed therefore is paid. He contended that he is claiming for moral damages in such amount as the court will grant. vs. You cannot by yourself confer jurisdiction. So based on the MANCHESTER ruling. the complaint is deemed officially filed on the December 4 when the payment of the whole amount is effected. CA 149 SCRA 562 FACTS: The plaintiff files a complaint and paid the docket fee but he did not specify the amount of the damages he was claiming. Suppose today December 1 is the last day for the filing of the complaint and the whole amount is not fully paid. vs. Thus. a complaint in a civil case is not considered as filed unless you pay the complete amount of the docket fee. there is a necessity to state the exact amount of the damages in order to determine the correct amount of the docket fee. This is so material for the purpose of prescription. the action has to be dismissed. Very harsh noh? However. . that vests a trial court with jurisdiction over the subject matter or nature of the action. say. So the plaintiff amended the complaint and paid the balance of the docket fees. The same rule applies to permissive counterclaims. Thus. ISSUE: Whether or not the subsequent amendment cures the defect? HELD: No. This Manchester ruling was relaxed in the subsequent case of SUN INSURANCE OFFICE which now the governing law: SUN INSURANCE OFFICE LTD. on December 1 and the payment is made only on the December 4. on the other hand. The court acquires no jurisdiction over the case. In the case of MANCHESTER DEVELOPMENT CORP. third party claims and similar pleadings. the action is prescribed already.Technically. 2. the court acquires jurisdiction. realized the harshness of their decision. you cannot cure the defect by merely amending the complaints. the Court rules as follows: 1. the court acquires no jurisdiction over the case until the filing of the fee for the whole amount is made. the court may allow payment of the fee within a reasonable time but in no case beyond the applicable prescriptive or reglementary period. the SC. but the payment of the prescribed docket fee. after reflecting on what it said in the case of MANCHESTER. kung kulang ang bayad. the judgment awards a claim not specified in the pleading.000. DAVAO DEL NORTE 180 SCRA 433 [1989] NOTE: When this case was filed. This is the case of TACAY vs. Bayaran mo. may damages ito. So the court acknowledged the claim of P300. It shall be the responsibility of the Clerk of Court or his duly authorized deputy to enforce said lien and assess and collect the additional fee. Nag file siya ng kaso.000. Q: When can this possibly happen? A: That can happen for example if I ask for damages. So this answers the question: Q: Is the defendant obliged to pay the docket fee? A: It DEPENDS: if the counterclaim is permissive. di pa rin siya nakabayad sa hospital. Q: Can the court award the P 50. if by the time you paid the balance. It shall be the responsibility of the clerk of Court or his duly-authorized deputy to enforce the lien. nag prescribe na ang cause of action. So how will you assess the filling fees? Based on the value of the land. subsequently. RTC OF TAGUM.3. FACTS: The case was for recovery of land with damages (accion publiciana). So it is not purely for damages. After filing.” Meaning. I make a partial payment of the docket fee because of inadequacy of money. Defendant moved to dismiss based on MANCHESTER because the plaintiff did not specify in the complaint how much damages . don’t dismiss the case! The Sun Insurance is a leading case on docket fee. assess and collect the additional fee. If the counterclaim is compulsory. binayaran ng plaintiff ang docket fee. ah wala na! So. The same rule applies to permissive counterclaims. or if specified the same has been left for determination by the court. dapat magbayad ka. The guiding rule was still MANCHESTER. Where the trial court acquires jurisdiction over a claim by the filing of the appropriate pleading and payment of the prescribed filing fee but. A man was hospitalized because of physical injuries. the court may allow the payment of the fee within a reasonable time but in no case beyond the prescriptive period. the additional filing fee therefor shall constitute a lien on the judgment. libre yan! And the third rule laid down in Sun Insurance: if the judgment awards a claim not specified in the pleadings.000? A: Yes. Sabi ng court. The additional expenses occurred only after filing the case. because the additional expenses came only after the filing of the case. For example. It was followed with a third case in December 1989 which further clarified the SUN INSURANCE ruling. marami pang gastos! So in other words he might ask from the court another P 50. wala pa yong INSURANCE. huwag namang i-dismiss ang kaso! Give the party a reasonable time to pay the balance. “When the filing of the initiatory (complaint) pleading is not accompanied by the payment of the docket fees. the filing fee therefor shall be a lien in the judgment. Under the SUN INSURANCE ruling. So nagkulang ngayon ang docket fee. But while this was pending lumabas na yong SUN INSURANCE. But after the case is filed. provided that the action has not prescribed. he was claiming. In legal ethics. According to him. there are other interesting cases on the issue on docket fees.” “Okay. ang dapat sana n'yang ginawa.” Alam ninyo. His patent was infringed. his claims reached millions.636. So sabi rig court: “We will allow you to file the case and the docket fee is deductible from whatever judgment of damages shall be awarded by the court. COURT OF APPEALS 171 SCRA 674 [1989] FACTS: Adrian dela Paz sued all oil companies (Shell. “Where the action involves real property and a related claim for damages as well. will you handle my case? Wala akong pera. Mobil.90 as docket fee. Pag-talo. etc. Caltex.” Now. Since the violation has been for many years already. all these companies are all liable to him for royalties. The estimated yearly royalty due him is P236. The court acquires jurisdiction over the action if the filing of the initiatory pleading is accompanied by the payment of the requisite fees.) of the Philippines for infringement of patent with prayer for the payment of reasonable compensation for damages. use of equipments. Just do not consider the claim for the damages. etc. The defendant goes to the SC citing MANCHESTER. FILIPINAS SHELL PETROLEUM CORP. He had no money so he questioned it. Thus. There are two (2) options here: (1. wala . do not dismiss the entire case! That is crazy if you will dismiss the entire case kasi nagbayad man siya ng docket fee for the recovery of the land. without entailing tremendous losses to the government and to the judiciary in particular. citing SUN INSURANCE. parang file now pay later.” So. computed as to man hours used in handling of each case. So that's the case of TACAY. vs. Or. Tabla ang gobyerno? So. give him reasonable time to pay the balance. Now the RTC of Tagum denies the motion to dismiss. if the fees are not paid at the time of the filing of the pleading. The payment of said fees therefore. unless. The trial court ordered him to pay P945.) second option. of course. pwede yan sa abogado – yung contingent fee: “Attorney. salaries and fringe benefits of personnel. or. these companies used in their operation a certain type of machine which he claimed he invented. But here is another rule: HELD: Dalawa ang filing fee: the assessed value of the land and for the damages. cannot be made dependent on the result of the action taken. Of course sabi ng SC wala na ang Manchester because of Sun Insurance.. as of the time of full payment of the fees within such reasonable time as the court may grant. Hindi pwede sa gobyerno yan! Example is kung matalo ka sa kaso – the case is dismissed. HELD: There is no such thing as file now pay later.) Kung nabayaran ang docket fee for the recovery of land pero wala ang para sa damages.572. the legal fees shall be assessed on the basis of both (a) the value of the property and (b) the total amount of related damages sought. No justification can be found to convert such payment to something akin to a contingent fee which would depend on the result of the case. prescription has set in the meantime. (2. nag file sya ng motion to allow him to litigate as a pauper. I’ll handle your case. I will offer a contingent fee. di pwede yan! “Filing fees are intended to take care of court expenses in the handling of cases in terms of cost of supplies. magbayad ka ng docket fee. So sabi ng court: “Attorney. when Mortz’s complaint was docketed by the clerk of court of the RTC Cebu City. while undoubtedly the order of dismissal is not an adjudication on the merits of the case. Pag panalo. Thus. As far as the case in Cebu is concerned. may docket fee pa? Grabeeh!” HELD: No. After filing. it became an entirely separate case from that was dismissed by the RTC of Leyte due to improper venue. This means that when private respondent did not appeal therefrom. Mortz wrote a letter to the Office of the Court Administrator (OCA) asking that the docket fee paid in Leyte be considered applicable to Cebu.” SUSON vs. 1998] FACTS: The question for decision is whether in assessing the docket fees to be paid for . Mortz’s complaint cannot be deemed to have been ‘re-filed’ in Cebu City because it was not originally filed in the same court but in the RTC Leyte. OCA granted his request. LACSON vs. the payment of docket fees is mandatory. the order became final and executory for all legal intents and purposes. is a final order. it is not an escape valve from the payment of docket fees because as in all actions. REYES 182 SCRA 729 FACTS: There was a case filed and then the lawyer filed a motion to direct the plaintiff to pay him his attorney’s fees – a motion for payment of attorney’s fees.” “In the case at bar. kalahati sa akin.kang utang. Pero sa gobyerno. and in these instances.” “Bakit? Motion nga lang yan.” Yan! Pwede yan. “It may be true that the claim for attorney's fees was but an incident in the main case. nevertheless. still. The docket fee should be paid before the court would validly act on the motion. 1997) FACTS: Mortz filed a case against Charles in Leyte. the order. the litigant is required to pay the prescribed docket fee and not apply to the refiled case the docket fees paid in the earlier dismissed case. It may be noteworthy to mention here that even in the Supreme Court.” DE LEON vs. HELD: “The OCA has neither the power nor the authority to exempt any party not otherwise exempt under the law or under the Rules of Court in the payment of the prescribed docket fees. in the strict sense. there are numerous instances when a litigant has had to re-file a petition previously dismissed by the Court due to a technicality (violation of a pertinent Circular). the court dismissed the case because it should be filed in Cebu. COURT OF APPEALS 278 SCRA 284 [August 21. whether separate or as an offshoot of a pending proceeding. COURT OF APPEALS 287 SCRA 94 [March 6. wala yan because usually the judiciary gets its budget from the filing fees. Charles questioned it because of the rule that the payment of docket fee is jurisdictional. bayad ka uli. “In determining whether an action is one the subject matter of which is not capable of pecuniary estimation. where the basic issue is something other than the right to recover a sum of money. If it is primarily for the recovery of a sum of money.378.00 as provided in Rule 141. besides the determination of damages. Polgas argued that an action for annulment or rescission of a contract of sale of real property is a real action and. Since Dagul alleged that the land. and are cognizable exclusively by courts of first instance. or its estimated value as alleged in the complaint. the claim is considered capable of pecuniary estimation. subject matter of the contract. had been sold for P4. demand an inquiry into other factors which the law has deemed to be more within the competence of courts of first instance. Dagul countered that an action for annulment or rescission of a contract of sale of real property is incapable of pecuniary estimation and. the value of the real property. the docket fees should be the fixed amount of P400.the filing of an action for annulment or rescission of a contract of sale. this Court has adopted the criterion of first ascertaining the nature of the principal action or remedy sought. in which they claimed an interest as heirs. Issues of the same nature may be raised by a party against whom an action for rescission has been brought. “ However.00 to Polgas. why an action for rescission (or resolution) should be differently treated. like in suits to have the defendant perform his part of the contract (specific performance) and in actions for support. Section 7(b). HELD: Dagul is correct.00 in Rule 141.” “Actions for specific performance of contracts have been expressly pronounced to be exclusively cognizable by courts of first instance and no cogent reason appears. this Court has considered such actions as cases where the subject of the litigation may not be estimated in terms of money. therefore. of ‘specific performance’. which were the lowest courts of record at the time that the first organic laws of the Judiciary were enacted allocating jurisdiction. difficult to see why a prayer for damages in an action for rescission should be taken as the basis for concluding such action as one capable of pecuniary estimation — a prayer which must be included in the main action if plaintiff is to be compensated for what he may have suffered as a result of the breach committed by defendant. or a consequence of. or for annulment of a judgment or to foreclose a mortgage.” “In both cases. a "rescission" being a counterpart. so to speak. therefore. or by the plaintiff himself. this amount should be considered the estimated value of the land for the purpose of determining the docket fees. and none is here advanced by the parties.” “The rationale of the rule is plainly that the second class cases.000. No award for damages may be had in an action for rescission without first conducting an inquiry into matters which would justify the setting aside of a contract. and not later on precluded from recovering damages by the rule against splitting . Section 7(b)(1) of the Rules of Court. or where the money claim is purely incidental to. so. should be used as basis.” “It is. and whether jurisdiction is in the municipal courts or in the courts of first instance would depend on the amount of the claim. the principal relief sought. subject matter of the action. the court would certainly have to undertake an investigation into facts that would justify one act or the other. the amount of the docket fees to be paid by Dagul should be based either on the assessed value of the property. or whether the action should be considered as one which is not capable of pecuniary estimation and therefore the fee charged should be a flat rate of P400. ” So whether the parties are the same or the parties are different embodied in the same complaint the amount of the demand shall be the totality of the claims the totality rule applies in both situations. that by the very nature of the case. it says there in paragraph [1]: “Provided further. the assessment and collection of the legal fees should not be intertwined with the merits of the case and/or what may be its end result. apat na utang covered by four (4) promissory notes and all of them are due and he has not paid me any. the amount of the demand shall be the totality of the claims in all the causes of action. there is only one plaintiff and one defendant. EXAMPLE: There are four (4) passengers riding on a public vehicle. I decided to file one complaint embodying my four causes of action against him although I have the option also to file four separate complaints.00. irrespective of whether the causes of action arose out of the same or different transactions. What will be now the basis of jurisdiction? The claim of every plaintiff or the total claims of the 4 plaintiffs? A: The total claims. Q: Which will prevail? The amount of each of the claim or the total? A: The total amount will prevail.” What do you call that rule? The TOTALITY RULE.000 that is triable by the MTC. embodied in the same complaint. sans any prayer for recovery of money and/or value of the transaction. although eventually the result may be the recovery of land. Since they hired the same lawyer. the action should not be confused and equated with the ‘value of the property’ subject of the transaction. So it should be filed in the RTC. They were all injured when the bus met an accident and all of them were hospitalized. The plaintiff has four claims against the same defendant. “Why will I file 4 complaints? Isahin na lang.000. the allegations. Let’s say. the lawyer said.” TOTALITY RULE Now. So after they were discharged. ILLUSTRATION: Joinder of causes of action. or for actual or compensatory damages.000.” “Thus. That is the totality rule. Q: The same question will arise. I will join them. The defendant secured from me two or more loans. Now suppose there are 4 plaintiffs suing the same defendant in what is called in procedure as joinder of causes of action and joinder of parties. Now.a cause of action and discouraging multiplicity of suits. continuing with Section 33. . If you will look at the value of each claim which is P75. and specific prayer in the complaint.” Now in that example.” In effect. he joined 4 causes of action. That where there are several claims or causes of actions between the same or different parties. But if you will add the four claims that will be P300. Let's say each note covers a principal amount of P75. the four of them wanted to sue the bus company for damages arising from contract of carriage or culpa contractual. You apply the totality rule because the law says “where there are several claims or cause of action between the same or different parties. it is the nature of the action as one for rescission of contract which is controlling. Never mind that there are four (4) separate loans because the law says “irrespective of whatever the cause of action arose out of the same or different transactions.” “Since the action of Polgas against Dagul is solely for annulment or rescission which is not susceptible of pecuniary estimation. such value to be ascertained . But the declaration of ownership is not final – that is only prima facie.) DELEGATED JURISDICTION OF THE MTC Sec. or contested lots where the value of which does not exceed One hundred thousand pesos (P100.) – MTC lahat iyan. The two cases should not be confused with accion publiciana which is also the recovery of possession but that is a better right. .A.000 or less. x x x x” This is related to the Law on Property – FORCIBLE ENTRY (recovery of physical possession. Let us now proceed to the third paragraph of Section 33 as amended by R.00) or. That when. can the party present evidence of ownership? A: The general rule is NO because the MTC cannot adjudicate ownership. B. attorney's fees. MTCs have now jurisdiction over other real actions like accion publiciana and accion reinvidicatoria cases where the assessed value of the land should be P20. squatting) and UNLAWFUL DETAINER (e. Delegated Jurisdiction in Cadastral and Land Registration Cases. (As amended by RA 7691) Aside from forcible entry and unlawful detainer.000. it is only incidental and it is only resolved to determine the issue of possession. you eject a lessee does not pay his rent. damages of whatever kind. or possession of. litigation expenses and costs: Provided.000. That in cases of land not declared for tax purposes.g.g. Kahit na one (1) million pa yan. MTC pa rin yan. That has to be threshed out in the proper civil action in the RTC. unlawful detainer plus back rentals of half a million. That is the amendment brought about by RA 7691 which expanded the jurisdiction of the MTC. real property or any interest therein where the assessed value of the property or interest therein does not exceed Twenty thousand pesos (P20.00) exclusive of interest. Q: Suppose the unpaid rentals already amount to almost half a million pesos – so. What determines jurisdiction is the nature of the action. it is P50. the issue of ownership shall be resolved only to determine the issue of possession. In Metro Manila.000 or less. where such assessed value does not exceed Fifty thousand pesos (P50. the value of such property shall be determined by the assessed value of the adjacent lots. MTCs and MCTCs may be assigned by the Supreme Court to hear and determine cadastral or land registration cases covering lots where there is no controversy or opposition.MetTCs.00). 7691: [3] Exclusive original jurisdiction in all civil actions which involve title to. 34. Q: In an action for forcible entry or unlawful detainer. in civil actions in Metro Manila. [2] Exclusive original jurisdiction over cases of forcible entry and unlawful detainer: Provided. in unlawful detainer. in such cases. e.We will now go to paragraph [2] of Section 33. Now. But if evidence of ownership is presented in the forcible entry or unlawful detainer case. and not the amount of recoverable rentals. the plaintiff also prays not only to eject the defendant but also to claim for back rentals or the reasonable amount of the use and occupation of the property in case of forcible entry.000. Where should the case be filed? A: The case should still be filed with the MTC. the defendant raises the question of ownership in his pleadings and the question of possession cannot be resolved without deciding the issue of ownership. The question of ownership must be litigated in a separate action in the RTC. Section 34 deals with cadastral and land registration cases. Remember that habeas corpus is not within the jurisdiction of the MTC. only the RTC has authority to entertain land registration and cadastral cases. the hearing on petition for bail.000 under Section 33. So acting pa rin yan because they are urgent and the liberty of a person is at stake.000 (Section 34) with the P20. Section 33 involves civil cases (accion publiciana. In which case. Municipal Circuit Trial Judge may hear and decide petitions for a writ of habeas corpus or applications for bail in criminal cases in the province or city where the absent Regional Trial Judges sit. etc.) when there is no controversy or nobody is contesting your petition. That’s supposed to be in the RTC. but under the law on criminal procedure you can file a petition for bail to have your temporary freedom while the case is going on. But suppose there is no available RTC judge. RTC yan because the offense may be a heinous one. This is what we call special jurisdiction.) C. Under the Property Registration Decree. It is with the RTC. Special jurisdiction in certain cases. the object is to have your property registered and fall under the Torrens System of the Land Registration. 35. Para bang acting RTC sila ba. That only applies to two (2) types of cases: (1) Habeas corpus and (2) hearing of petitions for bail.) even if the petition is contested where the value of the land to be titled does not exceed P100. . these MTCs can decide and their decisions are appealable directly to the CA. Now do not confuse this P100. all of them are sick or all of them are attending a convention (this actually happened in Davao in 1990) Section 35 provides that the MTC.In the absence of all the Regional Trial Judges in a province or city. That’s what it is called delegated jurisdiction. Q: Now. (As amended by RA 7691) Review: These are related to your study of Land. . in the absence of RTC judges. can hear and decide on habeas corpus case petitions and applications or petitions for bail in criminal cases.) SPECIAL JURISDICTION OF MTC Sec. what is the difference between a land registration proceeding and a cadastral proceeding? Cadastral is compulsory registration. Also. But now. any Metropolitan Trial Judge. Municipal Trial Judge. Patituluhan ba! Now.by the affidavit of the claimant or by agreement of the respective claimants if there are more than one.000. Section 34 gives the Supreme Court the authority to DELEGATE MTCs to hear and decide land registration and cadastral cases under the following conditions: 14. what is this delegated jurisdiction all about? A: It refers only to cadastral and land registration cases which involve the titling of property under the Torrens system or cadastral land registration. ‘Delegate’ means it really has to be assigned to you. or from the corresponding tax declarations of the real property. Their decisions in these cases shall be appealable in the same manner as decisions of the RTCs. or 15. Titles and Deeds (The Property Registration Decree) When you file a petition for land registration. That is allowed because of the urgency of the situation. he has to take over the petition. However. So with that we are through with the jurisdiction of our courts. this is only allowed in the absence of the RTC judges. But if the RTC judge comes back. So we will now proceed to remedial law proper. There is no need for a SC authorization.  . I have the right to collect. COURT OF APPEALS 212 SCRA 519 [1992] Cruz. REMEDIAL LAW is that branch of law which prescribes the method of enforcing rights or obtaining redress for their invasion. Remedial Law is also known as Adjective or Procedural Law.g. 2nd. Lucero. conditions and limitations. 1023) Like the Civil Code. defines and regulates rights. (Ibid) Example of Remedial Law is the Rules of Court. 640. my neighbor borrowed from me but until now.CIVIL PROCEDURE PROPER Laws are classified as either Remedial or Substantive Law. That is where the Civil Code leaves you behind and that is where the Rules of Court will take over. 66.) PUBLIC ASPECT – one which affords a remedy in favor of the State against the individual (e. “Dear Judge…”? or Is it by calling him on the phone? I-text ko kaya? Di puwede yan! There must be a procedure. (Bustos vs. But how do I collect? Is it by writing a letter to the judge. They are not antagonistic towards each other. J. Like in civil cases. In fact. despite several demands. creditor and debtor are all found there. the bench and the bar are better able to discuss. By complying faithfully with the Rules of Court. 81 Phil. the rights of children. “Procedural rules are designed to insure the orderly and expeditious administration of justice by providing for a practical system by which the parties to a litigation may be accorded a full and fair opportunity to present their respective positions and refute each other's submissions under the prescribed requirements.. pp. analyze and understand substantive rights and duties and consequently to more effectively protect and enforce them. Adjective law is not the counterfoil of substantive law. there is a symbiotic relationship between them. REMEDIAL LAW vs. Ballentine’s Law Dict. HELD: The 2 laws have a symbiotic relationship. husband and wife. So a right is useless unless you enforce it. criminal procedure) or in favor of the individual against the State . Under the law on Obligations and Contracts. So the 2 laws go hand in hand.” ASPECTS OF REMEDIAL LAW Q: Give the two (2) aspects of Remedial Law. he refused to pay. A: There are 2 aspects of Remedial Law: 9. They go hand in hand – one supports the other. SUBSTANTIVE LAW Q: Distinguish Remedial law from Substantive law? A: SUBSTANTIVE LAW is that branch of the law which creates.. That is what the SC said in the 1992 case of DE DIOS vs. And the manner of enforcing rights is now prescribed by remedial law. Based on the . which was enacted on August 7.. It is law. 1901 by the United States and Philippine Commission. Q: What is the authority of the SC to enact a law when actually the role of the judiciary is only to interpret the law? Is this not a violation of the separation of powers? A: The authority of the SC in enacting the prior rules and the present rules is what you call its rule-making power which provision was found in the 1935. That continued for another 24 years until January 01. 1964 – Revised Rules of Court (33 years) 19. 1964 when the SC enacted the Revised Rules of Court repealing the Old Rules of Court.g. d. SOURCES OF THE 1997 RULES OF CIVIL PROCEDURE Well of course the sources are almost the same as the prior law. 1997) have all been enacted by tile SC.1940 the SC enacted the Rules of Court which we now call the Old Rules of Court. SC Circulars RULE-MAKING POWER OF THE SUPREME COURT The Rules of Court (1940.) g. substantive law like the Civil Code and jurisprudence.) PRIVATE ASPECT – one which affords a remedy in favor of an individual against another individual. Forget the law on procedure during the Spanish regime. otherwise known as the Code of Civil Procedure. New Civil Code.1997 where the SC enacted and which took effect on that day (July 01. 1973 and 1987 Constitutions. So those are the main sources. Many provisions were taken from the 1964 Rules. And that was the law until 1940 because on July 01. habeas corpus) on the other hand.) Fourth Law – July 01. 1964. pp.(e.) SOURCES: Previous Rules of Court.) e.) First Law – August 07.) f. 1940 – Old Rules of Court (24 years) 18. 1901 – Act 190 – Code of Civil Procedure (40 years) 17.) Second Law – July 01. And of course SC circulars. 10. SUMMARY: 16. The old Rules of Court is also a source. 1997 – New Rules of Civil Procedure.) Third Law – January 01. Jurisprudence. And that continued for another 33 years until July 01. 1997) the New Rules on Civil Procedure. Many circulars are now incorporated under the new rule. 6th Ed. (Gamboa’s Introduction to Philippine Law. like the rules on civil procedure. not enacted by Congress but enacted by the SC. But the first known ancestor of the law on Civil Procedure was the old Act 190. 97-99) BRIEF HISTORY OF THE LAW ON CIVIL PROCEDURE IN THE PHILIPPINES The origin of our law on procedure is American.  . Those are the limitations. With that we are now ready to tackle the 1997 rules on civil procedure.) The Rules of Court shall provide a simplified and inexpensive procedure for the speedy disposition of cases. the rule-making power of the SC is expressed in Article VIII.” That is the authority of the SC in enacting the Rules of Court. In effect. The Rules of Court shall be uniform for all courts of the same grade. Section 5. the Rules of Court should not amend the substantive law. As currently worded. Substantive rights are created by substantive law so the Rules of Procedure should not increase. LIMITATIONS TO THE RULE-MAKING POWER OF THE SC The Constitution has also placed limitations on these powers.) m. diminish or modify them. It can only interpret substantive law but should not change it completely.) l.” And the third is: “the rules shall not diminish.” The second one is: “the rules shall be uniform for all courts of the same grade. modify or increase substantive rights. increase or modify substantive rights. paragraph [5] which is substantially the same as the 1935 and 1973 Constitutions. one limitation provided for by the Article is “the rules of procedure to be enacted by the SC shall provide for a simplified and inexpensive procedure for the speedy disposition of cases. But you should know also the limitations. practice and procedure. and The Rules of Court shall not diminish.present law. Rut the pertinent portion which has not been changed is that the SC “shall have the power to promulgate rules on pleading. it is getting longer and longer.” LIMITATIONS : k. Only everytime they amend the Constitution. Cases governed. 2. that is the purpose of a civil suit – to enforce or protect your right or you sue somebody for the purpose of preventing or redressing a wrong. The definition now becomes shorter compared to the previous definition. “Akala ko ba civil procedure ito. These Rules shall govern the procedure observed in actions. These Rules shall apply in all the courts. Ngayon nilagay nila sa umpisa. SEC. Both are governed by the rules for ordinary civil actions. These Rules shall be known and cited as the Rules of Court. insolvency proceedings and other cases not herein provided for except by analogy. Rule 1 is the general provision for the entire Rules of Court. x x x x x Well the definition of a civil action is there. That is formerly Rule 143. That’s an old one. And Section 2. It’s the same definition. Sec.’ Now we are not interested in criminal cases of course. “These rules shall be known as the ‘Rules of Court. A CIVIL ACTION is one by which a party sues another for the enforcement or protection of a right. Section 1 provides the title of the Rule – Rules of Court. some people are asking me. subject to the specific rules prescribed for a special civil action. or the prevention or redress of a wrong. naturalization. 3. and special proceedings. civil or criminal. now it is in Rule 1. Title of the Rules. It used to be in Rule 143. or the prevention or redress of a wrong. bakit merong criminal? How come it mentions criminal cases and definitions when it is supposed to be 1997 Rules on Civil Procedure? NO. So. cadastral. The placement is better so that we will see it immediately. That is actually not a new provision. applicable to all courts except when the SC say otherwise. “these rules shall apply in all the courts except as otherwise provided by the Supreme Court. Civil action na larg tayo muna. That’s why it says there ‘special proceedings. CLASSIFICATION OF CIVIL ACTIONS .’” This is the common denominator from the first to the last Rule. except as otherwise provided by the Supreme Court. You look at the title. x x x x x x to be Now. land registration. x x x x x (a) A civil action is one by which a party sues another for the enforcement or protection of a right.Rule 01 GENERAL PROVISIONS SECTION 1. In what courts applicable. For example: The SUMMARY RULES on procedure which is applicable to some cases in the MTC.” Meaning. Another example of when the SC say otherwise is Section 4 – that the rules shall not apply to election cases. It has only been shortened. A civil action may either be ordinary or special.’ ‘civil cases’ and ‘criminal cases. Rule 64 is entitled Review of Decisions of the COMELEC and the COA. Forcible Entry. but it shall he governed by Rule 65 on Certiorari . The law is very clear. So in other words Certiorari (Rule 65) pa rin although it’s a new rule now.) Special Civil Actions II. But to say that the rules on ordinary civil actions do not apply to special civil actions is false. Prohibition.) Action Quasi In Rem I. Declaratory Relief. Therefore. Q: What is so important in distinguishing a special civil action from an ordinary civil action? A: What makes an action special is simply because of the fact that there are some specific rules prescribed for them which are not found in other rules.Q: Classify civil actions.) Local Actions b. Quo Warranto. Unlawful Detainer and Contempt. And the actions not among those mentioned is automatically ordinary. But if the rules on special civil actions are silent.) Transitory Actions IV. it is a matter of looking at the table of contents. Expropriation. you should be able to give already what. CLASSIFICATION AS TO NATURE ORDINARY CIVIL ACTIONS and SPECIAL CIVIL ACTIONS The special civil actions are governed by Rules 62 to 71. then you follow the specific provision. Both are governed by the rules on ordinary civil actions subject to the specific rules. are the special civil actions. Give an example of a case where in the absence of a special provision in the rules on special civil . As to CAUSE or FOUNDATION: e) Real Actions f) Personal Actions g) Mixed Actions III. in case of conflict between the specific rule governing a particular type of civil action and the ordinary.) Action In Personam o. So.) Action In Rem p. As to NATURE (Section 3 [a]) a. apply the ordinary rules. A: The following: I. Partition. Foreclosure of Mortgage. As to OBJECT n. Rules 62 to 71: Interpleader. And even at this stage. But actually it says there. it is governed by Rule 65. There is a new one – Review of Final Decisions or Resolutions of the COMELEC and COA under Rule 64.) Ordinary Civil Actions b. CIVIL ACTION. As to PLACE OF FILING a. Mandamus. Certiorari. A REAL ACTION is briefly described as an action where the issue or the subject involved is title. Oct. Now. such as actions for a sum of money.actions the court had to apply the rules on ordinary civil actions by analogy. is the withdrawal with or without prejudice? Can you re-file it? There is no rule in Rule 65 answering that question so the SC had to resort to the ordinary rules by analogy. The only one stated there is ordinary and special. What happens when you perfect your appeal and then later on you withdraw your appeal? What will happen to the order or judgment? Rule 50 says that if you withdraw the appeal. L-10006. or for recovery of personal property. or on quasi-delict. ownership. foreclosure of mortgage or real property. there are other classifications of civil actions which are not expressly stated in Section 3. Cachero vs. the judgment appealed from will now become final and executory. unlawful detainer. Piguing. (Casilan vs. Thus. or damages. CIVIL ACTIONS. upon the withdrawal of a petition in a special civil action before the answer or comment thereto has been filed. the case shall stand as though no appeal has been taken. Manila Yellow Taxicab. you cannot change it anymore. 101 Phil. “Applying the foregoing rules in a supplementary manner (or by analogy). partition of real property. And then later on he changed his mind. for the enforcement or resolution of a contract. The case of AMBERTI vs. CLASSIFICATION AS TO CAUSE OF FOUNDATION: REAL. these are the PERSONAL ACTIONS. Section 19. Tomassi. BP 129 – controversy relates to real property) On the other hand. so that the judgment or order of the lower court being questioned becomes immediately final and executory. when the issue is not one of those – meaning. Bautista vs. 765. forcible entry. a resolution granting the withdrawal of such a petition is with prejudice and petitioner is precluded from bringing a second action based on the same subject matter. And that is important because of Rule 4 – the venue for real actions is different from the venue for personal actions. 523. (c. 90 Phil. He re-filed the petition. it is founded on privity of contract. 1957) . The question that was asked by the SC is when you file a special civil action for certiorari and then before the other party could answer you withdraw it. COURT OF APPEALS 195 SCRA 659 [1991] FACTS: This case involved a petition for certiorari (special civil action under Rule 65) and then before the respondent could answer the petition. Therefore. II. possession or interest over a real property like accion publiciana. And the SC looked at the law on appeal. HELD: Certiorari is similar to appeal although it is not really an appeal. he withdrew the petition.” So that’s a perfect example of the application of ordinary rules in special civil actions.f. 31. PERSONAL or MIXED ACTIONS An action is either a real or personal action. since it is now final and executory. Robles. 330) Like an action for recovery of a piece of land with damages. 430) Personal actions are transitory – it is based on where the plaintiff or where the defendant resides at the option or election of the plaintiff. in theory. 421) But. IV. the main purpose is recovery of possession of land. Jur. or to bar some individual claim or objection. Dela Cruz. We will go to the fourth classification as to object of the suit.” (Grey Alba vs. They can only be instituted in the place where the property is situated.Some textwriters give a third classification: the MIXED ACTIONS where there is a mixture of real and personal actions. and if anyone in the world has a right to be heard on the strength of alleging facts which. CIVIL ACTIONS. Mixed actions are such as pertain in some degree to both real and personal and. CLASSIFICATION AS TO OBJECT: ACTIONS IN PERSONAM. Robles. the more you read it the more you don’t understand what the definition is all about. III. So that’s a mixed action. Good examples of local actions are real actions. Seminary of Manila. This is already provided by law (e. (1 Am. the action is IN PERSONAM. therefore. 421) To simplify the definition: . IN REM and QUASI IN REM ACTIONS IN PERSONAM vs.” (Grey Alba vs. if true.) TRANSITORY ACTIONS are those which follow the party wherever he may reside. Sandejas vs. “if the object of the suit is to bar indifferently all who might be minded to make an objection of any sort against the rights sought to be established. Although it is more of real rather than personal. Real actions are also automatically local actions. are properly reducible to neither of them. CLASSIFICATION AS TO THE PLACE OF FILING: LOCAL ACTIONS and TRANSITORY ACTIONS A LOCAL ACTIONS is an action which can only be instituted in a particular place whereas a personal action follows the residence of the parties. then it is more of a real action rather than a personal action like the case of TACAY. (Dela Cruz vs. show an inconsistent interest. If the damage is only incidental. 49. 81 Phil. at least. with a judgment which. For example: “If the technical object of the suit is to establish a claim generally against some particular persons. It is based on the residence of the parties. accion publiciana. so that only certain persons are entitled to be heard. being brought for the specific recovery of land and for damages sustained in respect of such land. sometimes. Dela Cruz. 18 P{hil. binds his body. But the trouble with these definitions.g. Sandejas vs. unlawful detainer – can only be filed where the land is situated. 49. the action is IN REM. forcible entry. 17 Phil. 81 Phil. CIVIL ACTIONS. 17 Phil. The claim for damages is incidental. ACTIONS IN REM How do we differentiate one from the other? The SC in the past has given the definition in some cases which definition appears in many books as quoted by authors. But I’m different. tapos na iyan. “I would like to marry you. because Baby Maya is not a party to that case. is the judgment binding on anybody? A: YES. “I cannot marry you because I know you are married. the status of the parties is SINGLE na naman because the marriage is annulled. ILLUSTRATION #2: When a son. you are bound by the judgment because it is directed against the whole world. ACTION IN REM – any judgment with the court will render in the case binds not only the parties to the case but the whole world. Momma Jessa says. “Wala na iyan. After trial.” Now. “Ah. accion publiciana: Momma Jessa vs.” Q: Is the judgment rendered in the case between Momma Jessa and Little Lulu binding on Baby Maya? A: NO. Action in Rem. I’m single. files a case against the father. Little Lulu. “No. you are the winner and you are entitled to the land. She cannot be bound by a judgment where she is not a party. To follow the language of the SC in the case of: CHING vs. then the action is in rem. I have evidence to prove that my right is better than yours. I am not bound by that judgment because I was not a party to that case. COURT OF APPEALS 181 SCRA 9 HELD: “Actions in personam and actions in rem differ in that the former are directed against specific persons and seek personal judgments. the court rendered judgment annulling the marriage of Joshua and Tekla. So.” According Maying. Joshua meets another girl. In the case. Your status is to be respected. Your status is single and whether you are a party in the case or not.” Q: When the court ruled in the case between Joshua and Tekla that the marriage is annulled and that now you are single. Maying. Example: ILLUSTRATION #1: Action for annulment of marriage or declaration of nullity of marriage. I am not bound by that decision.ACTION IN PERSONAM – any judgment that the court will render in that case binds only the parties to the action and their privies or their successors-in-interest. Rod the Tenor . that is between you (Momma Jessa) and Little Lulu. “Not anymore. here comes Baby Maya. How can I marry you when you are already married?” Joshua said. Sabi ng court: “Alright Momma Jessa. that was already decided that I am entitled. Now. It became final. Hence. I’m no longer married because my marriage with Tekla is already annulled and here is the decision.” Sabi ni Baby Maya. while the latter are directed against the thing or property or status of a person and seek judgments with respect thereto as against the whole world. and courted her and told Maying. Carlo the Spokes. EXAMPLE: ILLUSTRATION: Recovery of land. the action between Momma Jessa and Little Lulu is an action in personam.” Maying said.” Action in personam. Suppose the husband (Joshua) files a case against his wife (Tekla) to annul their marriage. EXAMPLE: Foreclosure of Mortgage. an action in rem and in personam have often been confused with the classification of real and personal action. If the property is foreclosed. the property over which you have a lien – a right because it is mortgaged to you – that property will be sold at public auction and the proceeds will be given to the mortgagee or creditor in payment of the obligation. the subject is possession or ownership of real property. I presume you know the object of the foreclosure. magka-iba yan!!! As a matter of fact. This is called action quasi in rem. Q: Define action quasi in rem. That an action in personam is also a personal action. it is also an action IN PERSONAM. I was reading the SCRA. Actually. The object of the case is the sale or other disposition of property of the defendant over which you have a right or lien over the property. and not the whole world. An action could be as to cause – it could be real. So. he cannot pay. As to object. QUASI IN REM Text writers gave a sort of third classification as to object. Your status as a recognized child is not only binding on your father but is binding on the whole world. In the same manner. to be considered a recognized child and the court said. but as to object. the basic error of the court is that it confused real action with an action in rem and an action in personam with a personal action a real action could be in personam and a personal action could be in rem. Your status is no longer unrecognized. Any judgment therein binds only the parties. these are two different classification. when an action is in rem it is also a real action – it is not true. So. “QUASI” means almost. ‘quasi in rem’ is almost in rem. it could be personal action but an action in rem. So. Somebody borrows money from you and mortgages his land as security for the loan. They sound almost the same. it is not only students but even lawyers and judges interchange one with the other. So do not be confused. you are declared a child of the defendant. A: An action quasi in rem is actually in personam because it is directed only against a particular individual but the purpose of the proceeding is to subject his property to the obligation of lien burdening it. ILLUSTRATION: Eugenia files a case against Concon to recover the possession of a piece of land. That is a different classification. I cannot remember the decision where before deciding. It is about status. “Yes. ILLUSTRATION: An action to foreclose a mortgage is the best example of a civil action quasi in rem because there is a defendant (mortgagor) and the object of the case is to have the property mortgaged sold or disposed of in order to satisfy the mortgage lien of the mortgagee. it is in personam. It is a PERSONAL action because it does not involved his property.” Rod the Tenor is now compelled to recognize you. In real action. Take note. Then later. It is a real action as to cause. It is a REAL action. It is in personam . So.( most outstanding student of Pavarotti… ). ILLUSTRATION: Papa Paul filed a case to annul his marriage with his wife. or. it is in personam but almost in rem. But it is also IN REM because the judgment therein is binding the whole world. Last year. it could be in personam. the SC gave a lecture: The trouble with this case. You decide to institute foreclosure proceedings over the mortgage property. But the object of a special proceeding is only to establish a status. or a particular fact. The period to appeal in CIVIL ACTIONS is generally 15 days and the requirement is the filing of a notice of appeal. 6. there are two (2) definite and particular adverse parties. Section 3 [c]: c) A special proceeding is a remedy by which a party seeks to establish a status. whereas. 7.because it is directed only against person who mortgaged to you. quasi in rem means ‘against the person in respect to the res. the party who demands a right.’ CIVIL ACTIONS vs. A: Rule 1. That’s why it is called quasi in rem. or the prevention or redress of a wrong. Special Proceedings are governed by Rules 72-109 of the Rules of Court. Of course the basic distinction is found in Section 3 – a civil action is one by which a party sues another for the enforcement or protection of a right. whereas In SPECIAL PROCEEDINGS the period to appeal is 30 days and aside from notice of appeal. against the mortgagor in respect to the thing mortgaged. SPECIAL PROCEEDINGS Q: Define a special proceeding. In a SPECIAL PROCEEDING. A SPECIAL PROCEEDING is a remedy by which a party seeks to establish a status. called a plaintiff. the law requires the filing of a record on appeal. The object of a civil action is to enforce or protect a right or to prevent or redress a wrong. a right or a particular fact. whereas In a SPECIAL PROCEEDING. relief may be obtained by mere application or petition. while there is a definite party petitioner. In a civil action. a special proceeding is a remedy by which a party seeks to establish a status. and the other whom the right is sought. . 8. Whereas. You look at the table of contents and you will see them. BAR QUESTION: Distinguish a civil action from a special proceeding. practically everybody has to respect it. or the prevention or redress of a wrong. called a defendant. to borrow the language of the SC in simplifying the term quasi in rem. or a particular fact. a right. Naunahan ka na. But once the property is foreclosed. A CIVIL ACTION requires the filing of formal pleadings. R2) Special proceedings should not be confused with a civil action. A CIVIL ACTION is one by which a party sues another for the enforcement or protection of a right. a right. a right. Or. there is no definite adverse party as the proceeding is usually considered to be against the whole world. or a particular fact. (2a. A: The following: 5. Wala ka ng right doon sa property. whereas. That is a third year subject. naturalization and insolvency proceedings. You go to court and file your opposition. Kaya nga may publication. But since it is directed against the whole world. as far as the whole world is concerned. but there is no definite party. cadastral cases. A good example is Section 2 – these rules shall apply in all the courts except as otherwise provided by the SC. the relationship is one of illegitimacy. you are not filing a case against anybody. In case of conflict between election . the one who files. There was one article which I read about adoption. The creditor is compelling the debtor to pay. Q: What court proceedings where the Rules of Court are not applicable? A: Election cases. The procedure in the law of adoption will be studied in the subject on special proceedings. is that a civil action or a special proceeding? That is a civil action because the creditor wants to enforce or protect his right to collect. This is how the author describes adoption: “Adoption is one of the sacred mysteries of the law. So. except by analogy or in a suppletory character and whenever practicable and convenient.If a creditor sues the debtor to collect an unpaid loan. The purpose is to create a status of parent and child between 2 people who are not related to each other. Sec. land registration. it is in rem. (R143a) The Rules of Court do not apply to certain proceedings in court. insolvency proceedings.These Rules shall not apply to election cases. In what cases not applicable. A man becomes a father of the child he did not sire. It is through the magic or fiction of the law that adopters become parents of children unrelated to them by blood. and other cases not herein provided for except by analogy of for suppletory purposes. There is a petitioner. cadastral. In these cases.” So you can adopt you own illegitimate child for the purpose of improving his status. 4. A woman becomes the mother of a child she did not bear. then. they have to respect the status that this is now your child. when you file a petition for adoption. the Rules of Court are suppletory in character. anyone in the world can come forward and oppose the petition. and other cases not herein provided for. It concerns the making of a natural person as a legitimate child of another person without the intervention of sex. So wala kang kalaban na particular person but in reality. land registration cases. And when you file a petition for adoption. It is a special proceeding because the purpose is to establish a status of parents and child who were not related to each other. naturalization cases. Generally. Kaya nga. It is adversarial. . eh. But it is directed against the whole world because once the adoption is granted. special proceedings are in rem. In other words. to create a relation of parents and child under the law between two people. you are not suing somebody to enforce or protect a right or prevent or redress a wrong. anybody in the world can come forward and oppose it. A good example of a special proceeding is a petition for ADOPTION. That's the difference between a special proceeding and a civil action. Wala ka namang kalaban. or if related. This is important to determine the exact date that the action has commenced because it is from that moment that the running of the prescriptive period is interrupted. irrespective of whether the motion for its admission. If an additional defendant is impleaded in a later pleading. That is a criminal case.These Rules shall be liberally construed in order to promote their objective of securing a just. Of course this is not really complete. not necessarily COMELEC. Sec. speedy and inexpensive disposition of every action and proceeding. 1997). I filed a complaint against A. 19. the Rules of Court shall be interpreted liberally in order to promote their object which is to promote their objective of securing a just. The second sentence of Section 5 states that. The filing of the original complaint in court must be accompanied by the payment of the correct docket fee. 6. speedy and inexpensive disposition of every action and proceeding. courts will be mere slaves to or robots of technical rules. So you do not interpret it to prolong a case. That is based on the principle of liberal construction. the action is commenced with regard to him on the date of the filing of such later pleading…” Example: Today (November 19. forget the Rules of Court. There are some election cases which fall within the jurisdiction of the courts. if there is an additional defendant. the date of the commencement of the action with regards to the additional defendant is not the date when the original action is filed. The purpose of Procedural Law is to hasten litigation. “If an additional defendant is impleaded in a later pleading. but on the date when he was included in the amended pleading. For example. December 19. for otherwise. if necessary. the action is commenced on Nov. you apply the Rules of Court by analogy or for suppletory purposes. According to the SC in one case commenting on this: DE GUZMAN vs. 5. 1997. It is more on imprisonment.law and the Rules of Court. shorn of judicial . say. How do you interpret or construe the Rules of Court? Sec. (6a) Q: When is a court action deemed commenced? A: A civil action is commenced by the filing of the original complaint in court . SANDIGANBAYAN 256 SCRA 171. That is governed by the rules on criminal procedure. However next month. A complaint is not deemed filed until the docket fee is paid. (en banc) HELD: “The Rules of Court was conceived and promulgated to set forth guidelines in the dispensation of justice but not to bind and chain the hand that dispenses it. . violation of election code where the party may be adjudged to go to jail. the action is commenced with regard to him on the date of the filing of such later pleading. Construction. Commencement of an action. (2a) So.A civil action is commenced by the filing of the original complaint in court. So. Last section. is denied by the court. . But when the Election Code is silent. the purpose of procedure is to help the hand that dispenses justice and not to tie these hands. BAR QUESTION: When may lapses in the literal observance in the Rules of Court be excused? A: In the case of ETHEL CASE. That is precisely why courts in rendering real justice have always been. technicalities take a backseat against substantive rights. If you cannot accept the judicial system.” Meaning. daog . what is your alternative? The only alternative is to shoot your opponent.) when they arose from an honest mistake or unforeseen accident. COURT OF APPEALS 198 SCRA 806 HELD: Procedural “rules are not intended to hamper litigants or complicate litigation but. and k. In one case. i. j. there are certain provision which according to the SC. That’s why the SC said in another case: SANTOS vs. The other alternative is the settlement of their conflict through the barrel of a gun. indeed. are not to be won by a rapier’s thrust. One final note. courts should avoid technicalities.” So. and not the other way around. Barilan na lang tayo.” (Alonzo vs.) when they do not involved public policy. 523 HELD: Lapses in the literal observance of a rule of procedure will be overlooked: h. “Lawsuits. So if you do not accept the system of justice. That is not the concept of litigation. conscientiously guided by the norm that when on the balance. That’s another pronouncement. And. that is your alternative. ET AL vs.) when they have not deprived the court of its authority. to provide for a system under which suitors may be heard in the correct form and manner and at the prescribed time in a peaceful confrontation before a judge whose authority they acknowledge. To give way to the realities of the situation. should give way to the realities of the situation. Otherwise. while it is true that the Rules of Court should be liberally construed as a general rule. the purpose of the rules is for people to fight each other in a civilized way. as much as possible. should be strictly construed because they were intended precisely to minimize delay. We will settle our conflict through the barrel of a gun. You do not lie in ambush. Truly then.) when they have not prejudiced the adverse party. For all its shortcomings and its defects. Villamor. 315) Hindi yan espadahan na ang unang magsaksak. ET AL 77 Phil. the courts will become mere robots. 16 Phil.discretion. unlike duels. . the judicial system is still the civilized way of dealing with your opponent. technicalities. FERNANDO JUGO. as they in fact ought to be. as in this case. And then the judge says: “There is a thin line between liberal construction of the rules and gross ignorance of the rules!” Yaan! It is either you did not follow the rules strictly or you do not really know the rules.” This reminds me of a lawyer who did not comply with the rules and he was arguing that the rules should be liberally construed. because iif you will disregard this. These procedural rules are in fact intended to ensure an orderly administration of justice precisely to guarantee the enjoyment of substantive rights. Like all rules. Then they cry for due process.A good example would be provisions which prescribe the time during which certain acts are going to be done.” LIMPOT vs. Even the SC made the warning. this does not mean that the Rules of Court may be ignored at will and at random to the prejudice of the orderly presentation and assessment of the issues and their just resolution. Like in the cases of ANTONIO vs. they are required to be followed except only when for the most persuasive of reasons they may be relaxed to relaxed to relieve a litigant of an injustice not commensurate with the degree of his thoughtlessness in not complying with the procedure prescribed. like the filing of an answer. Another example is the filing of a notice of appeal.  . it will promote more delay rather than expediiite litigations. While it is true that a litigation is not a game of technicalities. it is not a license to completely ignore these rules. COURT OF APPEALS 170 SCRA 367 HELD: “Procedural rules are not be belittled or dismissed simply because their non-observance may have resulted in prejudice to a party's substantive rights. COURT OF APPEALS 167 SCRA 127 HELD: “It is the common practice of litigants who have no excuse for not observing the procedural rules to minimize the same as mere technicalities. Hindi mo pwedeng palitan yan. These are the provisions which are to be strictly construed because while it is true that the Rules of Procedure are to be liberally construed. Even if there is violation. DAMAGE suffered by the plaintiff. a correlative obligations of the defendant. 3.ORDINARY CIVIL ACTIONS Rule 02 CAUSE OF ACTION SECTION 1. then what relief are you asking for? There can be no action where no injury is sustained. has incorporated the definition of what is a cause of action. You think of any case under the sun. Cause of action. defined. .A cause of action is the act or omission by which a party violates a right of another. and 3. a RIGHT pertaining to the plaintiff. which is also a new provision. Section 1 expresses the principle that every ordinary civil action must be based on a cause of action. Sec. if there is no damage. 2. Now. (n) Section 1 of Rule 1 is entitled cause of action. and 4. a VIOLATION of plaintiff’s right. basis of. 2. a CORRELATIVE OBLIGATIONS of the defendants. for the first time. Q: Define cause of action. which is not found in the 1964 Rules. That is an entirely new title. ELEMENTS: Q: What are the ELEMENTS of cause of action ? A: There are supposed to be 3 main elements: 1. Cause of Action. there is a fourth element added by some cases and commentators – the element of damage suffered by the plaintiff.Every ordinary civil action must be based on a cause of action. violation of plaintiff's right by the defendant (also called delict) You remove one of these and there is no cause of action. again. 2. So based on that. it must have all these elements. A: CAUSE OF ACTION is an act or omission by which a party violates a right of another. As a matter of fact under Rule 16. it is not a new principle because even under the 1964 Rules we must such definition is already recognized. However. That is a new provision but it is a fundamental principle all along – you cannot have a case unless you have a cause of action. . Ordinary civil actions. Section 2. . (n) Now. a right pertaining to the plaintiff. these are the elements of a cause of action: 1. one of the grounds for a motion to dismiss is that your pleading states no cause of action. You are crossing the street and a driver just bump you there. nasa istorya man yan ba. In other words. Then. Damage without injury does not create any cause of action. which means there could be no action where no injury is sustained. DAMAGE – I have not recovered the money. the 4 elements are there. RIGHT . . is there a cause of action? RIGHT – the creditor has the right to collect. still he has not paid you. you violated his right by injuring him. Ayaw pa ring magbayad. These are the four elements of a cause of action. You fail to report for work.the right of the creditor to get back his money. DAMAGE – I have to spend money in the hospital and I lost my income. You cannot imagine of any civil case where the 4 elements are not present. There can be damage without injury in those instances in which the loss harm was not the result of a violation of a legal duty. VIOLATION or delict or wrong – the account fell due and the debtor is supposed to pay the creditor. So there is a cause of action. OBLIGATION – it is the obligation of every person driving to be careful so that he will not bump other people. Of course. RIGHT – it is the right of every person not to be molested. ANOTHER EXAMPLE: Defendant borrowed money from you last year payable in November 1998. So the elements are: right. OBLIGATION – every debtor has the obligation to pay. It is the duty of the lawyer to analyze the complaint whether the 4 elements are present. It is up for the defendant to analyze. violation and damage. obligation. DELICT or wrong – there is NO delict yet. The 4 elements are present.” Another latin maxim. So. when you file a complaint against somebody. the SC remarked that wrong without damage or damage without wrong does not constitute a cause of action since damages are merely part of the remedy allowed for the injury caused by a beach or wrong. Let’s try to find out the elements. – the creditor cannot get back his money. So that is part of the definition of cause of action. it is already due. EXAMPLE: A debtor borrows money from creditor. DAMAGE. ANOTHER EXAMPLE: Damages arising from culpa aquiliana. you cannot imagine a civil case where the 4 elements are not present. And despite demands. you do not prepare the complaint by enumerating the elements. These equations loss are after all called “damnum absque injuria. You do not have to enter into a contract with a person saying you will not bump him. but the former did not pay the latter. DELICT or wrong – because of your recklessness. OBLIGATION – The defendant has the obligation to pay back the loan under the law on contracts. Now.As a matter of fact. And you are hospitalized. in a recent case. You have the right to walk peacefully and not to be harmed. “accio non datur non damnificato”. In other words. 3. ISSUE: Whether or not there is a right of action. 2. “Right of action is a remedial right belonging to some persons. Performance or fulfillment of all conditions precedent upon which a right of action depends must be sufficiently alleged. by estoppel or other circumstances which do not affect at all the cause of action. CA. EXAMPLE: When a debtor borrows money and he does not pay. . “The right of action does not arise until the performance of all conditions precedent to the action. What has prescribed is the right of action. the Civil Code provides that the obligation is converted into natural obligation. Yaan! SPLITTING A CAUSE OF ACTION Sec. not the cause of action because the moment he does not pay.notice of loss to the carrier and then if the carrier will not honor it. whereas Right of action is regulated by procedural law.) Cause of action is the delict or wrong committed by the defendant. Actually. where the contract of shipment contains a reasonable requirement of giving notice of loss of or injury to the goods. (3a) .) Right of action may be taken away by the running of statute of limitations. there is already a wrong and you cannot erase a wrong. while cause of action is a formal statement of the operative facts that give rise to such remedial right. One suit for a single cause of action. which is based on equity rather than a right. you say that the action has prescribed. In fact. His failure to pay is the cause of action.” BAR QUESTION: Distinguish a CAUSE OF ACTION from a RIGHT OF ACTION. The cause of action is not affected by prescription. and that is the time the consignee can file a case before the court. HELD: There is NO right of action because the consignee did not comply with the conditions precedent. whereas Right of action refers to the right of the plaintiff to institute the action. he went to court directly without filing a notice of loss to the carrier. Now. The cause of action does not prescribe. rights under the Civil Code). But what has prescribed? Is it the cause of action? No. considering that the burden of proof to show that a party has a right of action is upon the person initiating the suit.” “More particularly. A: The following are the distinctions: 1.” (De Guzman vs. After 10 years. So you are invoking the law on prescription. the giving of such notice is a condition precedent to the action for loss or injury or the right to enforce the carrier’s liability. what is barred is his right of action.) Cause of action is created by substantive law (e. the right to collect has prescribed and you cannot recover anything.A party may not institute more than one suit for a single cause of action. supra) 3.g. Because sometimes. 287) That practice is expressly prohibited by law as expressed in Section 3. (Bachrach vs.Section 3 is known as the rule against splitting the cause of action. effect of.If two or more suits are instituted on the basis of the same cause of action. That is what you call barred by prior judgment or RES ADJUDICATA. You cannot file two. 4. Section 1 [e]) So you file a case. Practical by you have filed four cases arising from one cause of action. otherwise you are splitting it. the filing of one or a judgment upon the merits in any one is available as a ground for the dismissal of the others. Now. “A party may not institute more than one suit for a single cause of action. another one for doctor’s fees. one of them is subject to dismissal. EXAMPLE: In a suit under a promissory note. (4a) Q: And what are the effects of splitting a cause of action? A: Under Section 4. a judgment upon the merits in any one is available as a ground for the dismissal of the others. under the law. you file another case against the same party with the same cause of action. three or four cases arising out of one cause of action. Icariñgal. there is only one note and you sue me three times but there is only one cause of action. Section 1 [f]. You should file only one case to recover the principal and the interest as well as the attorney’s fees. VI. This is one ground for dismissal of a case (Rule 16 – Motion to Dismiss. . while walking was bumped by a vehicle. the Carlo here has engaged in the prohibited practice of splitting cause of action. you file only one case. you have split your cause of action. EXAMPLE: A case was already decided a long time ago. The correct procedure is that he should file one action and demand the recovery of all these expenses and the lost income. EXAMPLE: Damage (injury) suit: Carlo. Splitting a single cause of action. Now. Q: What is splitting a single cause of action? A: Splitting a cause of action is the practice of dividing one cause of action into different parts and making each part a subject of a different complaint. He filed one case against the owner of the vehicle for reimbursement of hospital expenses. you are reviving the . 68 Phil. Under Section 4. then another case for the lost income. So. another action to collect attorney’s fees. you file a case to collect the principal. And while it is pending. Sec. The filing of one is available as a ground for the dismissal of other.” The rule is simple: If there is one cause of action. Isang banggaan lang. which is also a ground for dismissal under Rule 16. naging apat ang kaso? Again. one case to recover his expenses for medicine. another action to collect the interest. the following are the effects: V. That is what you call LITIS PENDENTIA – there is another action pending between the same parties for the same cause. 1969) Actually. I think the law grants three remedies – (1) rescind the contract of sale. April 18. supra. L-11656. This is what happened in the case of DANAO vs. And why should you harass somebody when he only committed one wrong? You file a case against him but do not harass him more than once. or (2) file an action to collect the loan. Under Section 4. EXAMPLE: Credit Transactions: A bank has two (2) possible remedies against a debtor for nonpayment of a loan secured by a mortgaged say. 1958) EXAMPLE: Obligations and Contracts: A violation or a breach of contract could give rise to a civil action for specific performance or a civil action for rescission of contract. you enforce the accessory contract of mortgage.same case – you are filing again. the reason is common sense eh – to protect the defendant from unnecessary vexation. or. David vs. he will be splitting his cause of action. Bacolod City vs. De la Cruz. Here. L-25134. the bank cannot file a case the debtor to collect the loan and at the same time file an action to foreclose the mortgage for it will be splitting the cause of action. the judgment in the first case years ago would be cited as a basis for the dismissal of the second case. Meaning. It becomes an expensive process. COURT OF APPEALS 154 SCRA 446 FACTS: The Danao spouses borrowed money from the bank. to protect the defendant from unnecessary vexation. supra. and (3) foreclosure of mortgage. EXAMPLE: There is the Recto Law (on Sales) on the remedies of an unpaid seller of personal properties. So it is either you enforce the principal contract of loan.” SINGLENESS OF A CAUSE OF ACTION Q: How do you determine the singleness of a cause of action? A: The singleness of a cause of action is determined by the singleness of the delict or wrong committed by the defendant and not by the number of remedies that the law grants the injured party. mortgaged their property and then they failed to pay. it does not mean to say that the injured party can file both or one after the other. Oct. Inc. (2) exact fulfillment of obligation. piece of land: (1) foreclose the mortgage on the land. San Miguel. After filing a . Icariñgal. Q: What is the reason or philosophy for the rule against splitting a single cause of action? A: The rule against splitting a cause of action is intended to prevent repeated litigations between the same parties in regard to the same subject of controversy. 30. Otherwise. However. and to avoid the costs incident to numerous suits. But even the law on Sales is very clear: the choice of one automatically bars resort to the other because it will be against splitting the cause of action. a single delict may give rise to two or more possible remedies but it does not mean to say the injured party can avail of all those remedies simultaneously or one after another. Icariñgal. Nemo debet vis vesare procuna em iyadens cusa – “No man shall be twice vexed for one and the same cause. Why create two cases when you have only one cause of action? And why make me spend more? Magasto yung balik-balik sa court.. The bank filed a civil action to collect the loan. (Bachrach vs. (Bachrach vs. So three stipulations were violated. (Larena vs. ‘ano ba ito? Isa lang ba ito o more than one?’ RULE #1 (General Rule): A contract embraces only one cause of action because it may be violated only once. there is only one contract of loan but the principal is payable in three installments at different times. the bank instituted an action to foreclose the mortgage. 28. you must familiarize yourselves on how this rule is applied to breach of contract and if there are several stipulations. RULES IN DETERMINING THE SINGLENESS OF A CAUSE OF ACTION Now. 1962) EXAMPLE: Pauline enters into a contract with Nudj which contains 3 stipulations: (#1) that next month.civil action to collect the loan. Villanueva. Bautista. (#2) on the same date. Sometimes you get confused. Sometimes it is easy to determine whether there is one cause of action. even if it contains several stipulations. Pauline will also deliver to Nudj 100 sacks of corn. Pauline will deliver to Nudj 100 sacks of rice. Q: How many causes of action does Nudj have against Pauline? A: ONE. but not both. the prior recourse of the creditor bank in filing a civil action against the Danao spouses and subsequently resorting to the complaint of foreclosure proceedings. When the day arrived. So. The contract is only one cause of action even if it contains several stipulations. you will be splitting again you cause of action. HELD: “Anent real properties in particular. the creditor can file one case.” “Evidently. So . For non. (Quioque vs. And then the second installment is payable in 1998 and the third installment is payable in 1999 without any acceleration clause. nothing was delivered. 923) EXAMPLE: A loan with a promissory note where the principal amount is payable in installment. One is enough.000. 53 Phil.payment of the first installment this year (1997).” So those are examples of splitting a cause of action and illustrations of the rule that one cause of action may give rise to two or more remedies but it does not follow that you can avail of all those remedies. In other words. and (#3) on the same date. RULE #2 (Exception to the General Rule): A contract which provides for several stipulations to be performed at different times gives rise to as many causes of action as there are violations. with respect to splitting a cause of action. the Court has laid down the rule that a mortgage creditor may institute against the mortgage debtor either a personal action for debt or a real action to foreclose the mortgage. Feb. are not only a demonstration of the prohibited splitting up of a cause of action but also of the resulting vexation and oppression to the debtor. Sometimes it is difficult. Pauline will also deliver to Nudj 100 sacks of sugar. The cause of action is not based on the number of paragraphs violated but on the contract itself. And then the first installment is payable this year (1997). There is one promissory note where the loan is P300. L-13159. he may pursue either of the two remedies. otherwise. 000. Q: Next year. If you do not file a claim for one.. Every installment is one cause of action even if there is only one note. if you will wait for the entire note to mature. (Larena vs. Manila Gas Corp. 53 Phil. You should only file one action for P300. So the creditor demanded payment for the first installment from the debtor which the latter denied. vs. So there should only be one complaint for P200.000 which fell due. actual as well as prospective. So dalawa na. he did not pay the second installment. If you only file only one for the P100. pinabayaan lang niya. when the failure to comply with one of several stipulations in a continuing contract constitutes a total breach. When all the installment are already due and the creditor has not filed any case for the collection of the first installment. everything must be integrated. So for example. Remember that they are to be performed at different times. 226) EXAMPLE: This year the first installment fell due. He is repudiating the entire note. Isahin mo na lang yan. the debtor did not pay but the creditor did not file any case. because this time it is the exception. (Blossom & Co. “Wala akong utang sa iyo! Tigas ng ulo!” So you do not wait anymore for the 2nd and 3rd installments to fall due. There is a total breach for a continuing obligation and there is now only one cause of action for the entire promissory note So theses are the basic principles of cause of action that I want you to remember. it will be useless because he will still maintain the same position. a single cause of action for damages. So under rule #4. I will file two cases. arises from such breach. .P100. then next year. and those not so included would be barred. RULE #3 (Exception to the exception): All obligations which have matured at the time of the suit must be integrated as one cause of action in one complaint.000 for 1997 – one cause of action.! The signature in the note is not mine!” Now. You file only one case for the entire breach. Then in 1998. there are two unpaid installments—1997 and 1998! So dalawa na. in that kind of statement. this time.000 because it has been repudiated. the second installment was not also paid. can the creditor file another case? A: YES. file na naman. 55 Phil. Villanueva.000 representing the first and second installments. the creditor can file a case for the entire loan of P300. RULE #4 (Exception to Rule #2): However. when he files for collection of the unpaid second installment. it is deemed barred. 923) EXAMPLE: In 1997.000 and you go back to the general rule. you cannot apply rule 2. The total claim now is P200. he is not only repudiating the first installment.” Q: Is the creditor correct? A: He is wrong. So the creditor said. Section 5 allows you to file only one case and that is called joinder of causes of action. ALTERNATIVE joinder. A CUMULATIVE JOINDER exists when you are seeking relief for all your causes of action. In 1997 when they became due. the debtor secured a loan of P50. while you are allowed to file three cases. because joinder of causes of action is permissive. Q: Were the cases properly filed? A: YES because there were 3 promissory notes. THE PRINCIPLE: You cannot file more than one case when you have only one cause of action but the law allows you to file one case for more than one cause of action. there are 3 loans. you are not violating the rule against splitting a cause of action. as many causes of action as he may have against an opposing party (opening paragraph of Section 5) Q: What do you mean by joinder of causes of action? A: Joinder of causes of action is the provision of the Rules which allows a party to join in one pleading two or more causes of actions against the opposing party. This is different from the case of an installment where there is only one loan although payable in three installments. the creditor filed 3 cases against the debtor – one case for every promissory note. PROBLEM: In 1994.A party may in one pleading assert. But the creditor can file one complaint to join the three loans. An ALTERNATIVE JOINDER exists when your cause of action is either one or the other. In 1995. 5. subject to the following conditions: x x x x x A party may in one pleading assert.JOINDER OF CAUSES OF ACTION SEC. However. In the problem above. in the alternative or otherwise. as many causes of action as he may have against an opposing party. another loan of P50. in the alternative or otherwise. You are not seeking relief from both but either one. Q: Under Section 5. is the creditor obliged to file one complaint for the 3 promissory notes? A: NO. Joinder of causes of action. So the creditor may file 3 complaints for the 3 promissory notes. Example: . . And when you file one case for every promissory note. This is called joinder of causes of action. 3 promissory notes in 3 different years. file only one complaint asserting the 3 claims for the 3 promissory notes.000 payable in 1997 and then in 1996. You are actually not filing more than one case because there is one case for every loan. He may or may not. So there are three debts that will fall due in 1997.000 payable in 1997. or. ALTERNATIVE and CUMULATIVE Joinder of Causes of Action Q: How may causes of action be joined? A: Causes of action may be joined either: (a) alternatively or (b) cumulatively. So there are 3 causes of action. a second loan of P50.000 payable in 1997. The child is asking for BOTH relief. . This is not alternative actions but rather. That is why the manner of joining the defendants alternatively or otherwise should be correlated with Rule 3. Q: Is it possible for Chams to file one complaint naming both the drivers or both operators as defendants? A: YES. There are two causes of action which are gained: an action for recognition and also for support. that is allowed. who is forever on a diet. The goods were delivered to Aileen in a damaged condition. Q: Can Aileen file a complaint incorporating the two (arrastre and the carrier) both as defendants? A: YES. Another Example: Chams is a passenger riding on a public utility vehicle which collided with another vehicle and she is not sure who is at fault. Alternative defendants. he may join any or them as defendants in the alternative. the damage happened in their (arrastre’s) custody. and then reklamo siya sa arrastre or stevedoring.Aileen is the importer of the goods that were shipped on board a carrier. 2. then her cause of action against the other vehicle is quasi-delict. So there are 2 possible causes of action. Section 2: RULE against all of against 3. Or. they were departed with the arrastre or stevedoring operator. Either of them is liable to her. ALTERNATIVE joinder. If the fault lies with the other vehicle. Alternative causes of action or defenses. although a right to relief one may be inconsistent with a right of relief against the other.Where the plaintiff is uncertain who of several persons he is entitled to relief. 13. At least isa sa kanila matamaan man ba. This is alternative joinder because Aileen is not claiming from both of them. But if the fault lies with the driver of the bus where she was riding. So she has 2 possible causes of action. her cause of action is culpa contractual. CUMULATIVE JOINDER. . (2) an action against the carrier under the Law on Transportation. Aileen is not sure so she decided to file a case against both of them. but either one or the other. the Aileen here has two (2) possible causes of action: (1) an action against the stevedoring operator under the contract of depositary under the law on Credit Transaction.A party may set . SEC. (13a) RULE 8.” an illegitimate child files a case against his father for compulsory acknowledgment as illegitimate child and support. Upon reaching Davao City. SEC.” Then when Aileen went to the carrier. and the driver of the bus where Chams was riding is not at fault. Then the arraster says. “Damaged na dati yan when it was unloaded from the carrier. files a case to collect 3 unpaid promissory notes from the John “The Yellow Man”.” Now. Section 13 and Rule 8. Pches is not claiming from either promissory notes but she is claiming all. Carrier: “No. ANOTHER EXAMPLE: Roy “The Councilor. Example: Pches. these are cumulative. That is alternative joinder of causes of action. One is going to Mati.) The joinder shall not include special civil actions or actions governed by special rules So. either in one cause of action or defense or in separate causes of action or defenses. The joinder shall not include special civil actions or actions governed by special rules. against the same operator. b. met an accident. The party joining the causes of action shall comply with the rules on joinder of parties. Q: Can they be joined in one complaint? A: YES because there is a common question of fact or law. Where the causes of action are between the same parties but pertain to different venues or jurisdictions. (5a) a. and one is going to Cotabato. So they decided to file a damage suit. Section 6 which provides that two (2) or more persons can join as plaintiffs in one complaint or can be joined as defendants in one complaint. passenger A has nothing to do with the complaint of passenger B because there is no common denominator between them. the joinder may be allowed in the Regional Trial Court provided one of the causes of action falls within the jurisdiction of said court and the venue lies therein. EXAMPLE: Two or more passengers riding on the same bus. 11. They are on different trips. And if the joinder of parties under Rule 3 is proper. meeting the same accident. provided there is a common question of fact or law involved in that case. one is going to General Santos. They cannot be joined because there is no common question of fact or law. (2) Q: When is joinder of causes of action allowed? A: Under Section 5.” Q: Suppose these passengers were riding on different buses owned by the one operator.forth two or more statements of a claim or defense alternatively or hypothetically. Meaning. a joinder shall not include special civil actions or actions governed by special rules. Now. When two or more statements are made in the alternative and one of them if made independently would be sufficient. and 12. the pleading is not made insufficient by the insufficiency of one or more of the alternative statements. So there is a joinder of parties under Rule 3. breach of contract against the same operator. So if you cannot join them under Rule 3. They are riding on the same bus. then their causes of action can also be joined under Rule 2 because the condition is: “shall comply with the rules on joinder of parties. joinder of causes of action is allowed under the following conditions: 9. The reason here is simple: Special Civil Actions are governed by certain rules which do not apply to ordinary civil actions.) The party joining the causes of action shall comply with the rules on joinder of parties We will meet joinder of parties when we reach Rule 3. or. 10. So a special civil action cannot be joined with an ordinary civil action. So lahat sila may cause of action noh? Every passenger who gets injured has a cause of action. the joinder of causes of action under Rule 2 is also improper. the aggregate amount claimed shall be the test of jurisdiction. Well of course the same kind of case: damage suit. an ordinary civil . All of them were injured. can their causes of action be joined? A: NO. Where the claims in all the causes of action are principally for recovery of money. All of them met an accident. The defense of the operator here is different from his defense there. the assessed vaue is P1 million. PROBLEM: Maceste encroached on my land in Tagum with an assessed value of P20. vs. The jurisdiction of the RTC will prevail.action cannot be joined with an action governed by special rules such as Election cases.) Where the causes of action are between the same parties but pertain to different venues or jurisdictions.000. And then he encroached in another land of mine in Davao City with an assessed value of P20. SEC 126 SCRA 31 FACTS: (This is still a good ruling) A stockholder of a corporation who is also the creditor of the corporation decided to file one complaint against the corporation asserting several causes of action. insolvency cases. In one parcel of land. and it must be filed it in the RTC. In the other case. the jurisdiction is also in the MTC. the joinder may be allowed in the Regional Trial Court provided one of the causes of action falls within the jurisdiction of said court and the venue lies therein PROBLEM: Maceste encroached on two parcels of land belonging to me. You will notice that in the Tagum land. the jurisdiction is MTC for the case accion publiciana. RTC. In another parcel of land. In the first place.000.000). So both actions. You will notice that in the Tagum land. the assessed value of that is only P20. the jurisdiction is RTC for the case accion publiciana. HELD: The joinder is improper. So both actions. The other accion publiciana is triable by the RTC. Q: Can I join them? A: YES. c. Q: In which RTC will you file the case joining the causes of action? A: Either Tagum or Davao City because both are RTCs. the jurisdiction is also in the RTC of Davao City.000 also. the jurisdiction is in the RTC and the venue is Davao City. In the other case. MTC. So how can the RTC try a case when the cause of action is pertaining to the SEC and it is governed by the special rules of the SEC? So you cannot join that. naturalization cases. the jurisdiction is in the MTC for the case accion publiciana and the venue is Tagum because the property is situated there. In the Tagum land. PROBLEM: Maceste encroached on my land in Tagum with an assessed value of P20. Q: Can I file a case against Maceste joining the 2 cases? A: YES. Dalawa eh – there are 2 lands encroached.000. In the other case. one is governed by a quasi-judicial body (SEC). PROBLEM: Maceste encroached on my land in Tagum with an assessed value of P1 million. Q: Where is now the governing venue? A: The venue of the RTC case prevails. The first accion publiciana is triable by the MTC (P20. In the 1983 case of UNION GLASS AND CONTAINER CORP. the case must be filed in Davao City. I would like to file a case of action publiciana against him. And then he encroached in another land of mine in Davao City with an assessed value of P1 million also. . among them is his rights as a stockholder under the Corporation Code and also his rights as a creditor under the Civil Code. Therefore. And then he encroached in another land of mine in Davao City with an assessed value of P1 million. if there is misjoinder. So if I will file an accion publiciana. PROBLEM: Maceste encroached on my land more than one year ago and the land has an assessed value of only P20. . totality rule. . SEC. on motion of a party or on the initiative of the court. The law allows only if it is between the same parties. Sec. 6. One of them belongs to the RTC. In this case there is misjoinder of causes of action. In the example. it has to be filed with the MTC. Q: Can I join them under paragraph [c] although they belong to MTC and RTC? A: NO. On the other hand. Now. You cannot join a special civil action.Misjoinder of causes of action is not a ground for dismissal of an action. 11. A misjoined cause of action may. So what is violated here is not paragraph [c] but paragraph [b]. Q: Can they be joined under Section 5? A: NO. EXAMPLE: A case joining an accion publiciana case and a forcible entry case which is not proper because a special civil action (forcible entry) cannot be joined. basta sums of money. because the law says provided one of the causes of action falls within the jurisdiction of said court and the venue lies therein.Q: Can I join in one complaint the 2 actions? A: NO. This time the parties are not the same. be severed and proceeded with separately.000. d. both belong to the MTC. (n) There is misjoinder when two (2) or more causes of action where joined in one complaint when they should no be joined. PROBLEM: Maceste encroached on my land in Davao City on month ago and then he encroached on another land of mine (assessed value of P1 million) in Davao City two years ago. so I decided to file a case naming both of them as defendants. Aaron encroached my other parcel of land more than one year ago and the assessed value of the land is P1 million. So judiciary law. Under Section 6. one case is forcible entry triable by the MTC and the latter is accion publiciana triable by the RTC. There is nothing new here. Misjoinder and non-joinder of parties. you cannot join them because of paragraph [b] – a forcible entry is special civil action which is also governed by the Summary Procedure. the aggregate amount claimed shall be the test of jurisdiction The last is only a repetition of the old rule: TOTALITY RULE. Misjoinder of causes of action. Plus the fact that you might violate paragraph [a] – there is no common question of fact and law between them. So my cause of action there is also accion publiciana but triable by the RTC. you do not dismiss the case. Therefore. Parties may be dropped or added by order of the court on motion of any party or on its own initiative at any stage of the action and on such terms as are . The remedy is to ask the court that the misjoined case be severed and tried separately. Section 11: RULE 3.) where the claims in all the causes of action are principally for recovery of money.Neither misjoinder nor non-joinder of parties ground for dismissal of an action. ang counterpart nito which is still present is misjoinder of parties under Rule 3. (11a) So misjoinder of parties and misjoinder of causes of action are not grounds for dismissal of an action.  . Just remove the misjoined cause of action or the misjoined party. A claim against a misjoined party may be severed and proceeded with separately.just. Only natural or juridical persons. Brod Pito sued the firm name.)-party plaintiff. etc. (1a) Q: Who may be parties to a civil case? A: Only natural or juridical persons or entities authorized by law may be parties in a civil action. the cross-defendant. . Another example of an entity authorized by law which may not be a natural or juridical person is a labor union under the Labor Code. “Paningkamot Store. The correct procedure is you sue the owner because he is the real person. A dead man cannot sue and he cannot be sued because he has no more personality. Section 15. Paningkamot Store is not a person. the counter-claimant. Indispensable Parties V. the cross-claimant. or entities authorized by law may be parties in a civil action. the third (fourth. Real Parties in Interest II. the defendant in a counterclaim. the counterclaimant. or other third (fourth. they may be sued under the name by which they are generally or commonly known.).)-party defendant. The term DEFENDANT may refer to the original defending party.” The SC said.” So. But the defect is not really substantial. The term "defendant" may refer to the original defending party. A: The best example is Section 15 of this rule. Permissive Parties IV. “ENTITIES AUTHORIZED BY LAW” Q: Give an example of an entity authorized by law which can be sued although it is not a person. Who may be parties. Paningkamot Store. The term "plaintiff" may refer to the claiming party. the original plaintiff.. the cross-claimant. you cannot sue or be sued unless you are a person. Representative Parties III. Necessary Parties Sec. the defendant in a counterclaim. the word ‘plaintiff’ covers them. That is why in one case. It is an entity authorized by law to file a case in behalf of the of its members. So.party plaintiff. 1. etc. So. etc.Rule 03 PARTIES TO CIVIL ACTIONS CLASSES OF PARTIES: I. that is wrong. it is “Brod Pito vs. or the third (fourth. In the answer of such defendant the names and addresses of the persons composing said entity must all be revealed.When two or more persons not organized as an entity with juridical personality enter into u transaction. Q: Who are the plaintiffs. Entity without juridical personality as defendant. PangaIan ng tindahan iyan. . Although it may not have been incorporated under the Corporation Law but registered under the Labor Code. plaintiff and defendant. It is only a formal defect that can easily be corrected. defendants? A: The term PLAINTIFF may refer to the claiming party. So you file a case of culpa contractual against the owner or operator. every action must be prosecuted or defended in the name of the real party in interest So a complaint is dismissible if it is not made in the name of the real party in interest. an action was filed where the parents and the injured boy were the co-plaintiffs against Baliwag Transit. 1311. WARNER BARNES & CO. A bumped C. have no business suing in a contract because they are not real parties in interest. etc. Sections 6. So strangers. REAL PARTIES IN INTEREST Sec 2. GENERAL RULE: In a breach of contract.)-party defendant. NCC) Example: Third-Party Liability (TPL) in insurance. He is not the real party in interest. EXCEPTION: When there is a stipulation in the contract favorable to a third person (stipulation pour autrui – Art. Baliwag moved to dismiss the case. therefore it should not be dismissed simply . COURT OF APPEALS 169 SCRA 649 [1989 BAR] FACTS: A student who was riding in one of the Baliwag buses met an accident. C can file a case against A and B to recover from the insurance contract. When you are riding in a bus which collided and you were injured. the real parties in interest are the parties to the contract. That definition is taken from the leading case of SALONGA VS. Unless otherwise authorized by law or these Rules. or the party entitled to the avails of the suit. The parents objected. So. (Section 2) That is a new sentence taken form jurisprudence because the prior rule never gave a definition of real parties in interest but jurisprudence gives a definition. you do not file a case against tenant. We were the ones who spent money.the cross-defendant. “We are objecting because we are also plaintiffs. (88 Phil. 8 & 11. Your contract is with the operator. You must file the case against the owner of the land. 125).A real party in interest is the party who stands to be benefited or injured by the judgment in the suit. Parties in interest. These are explained in Rule 6. or other third (fourth. as a rule. Based on the settlement. That is exactly how it is defined and that definition has been repeated through the years. While the case was going on. . (2a) Q: Who is a real party in interest? A: A real party in interest is the party who stands to be benefited or injured by the judgment in the suit. We didn’t know about the settlement. BALIWAG TRANSIT vs. I. the boy entered into amicable settlement with the bus company. every action must be prosecuted or defended in the name of the real party in interest. A insured his car with B for TPL. Your contract in not with the drive. In an action to recover a piece of land . do not file a case against the driver for damages. his attorney-in-fact vs. So she executed a special power of attorney in favor of Ken A. This is even worse because Ken is admitting that he is only an attorney-in-fact. Representatives as parties. plaintiff vs. Leewee Yoda. If Ken wants to include the his name. So in accordance with the authority. represented by Ken. An agent acting in his own name and for the benefit of an undisclosed principal may sue or be sued without joining . defendant. Ken started to manage the property.because our son is withdrawing the case.” And then Aiza went abroad. defendant. he hired a lawyer. the law does not say “every action must be prosecuted and defendant BY the real party in interest. an executor or administrator. to collect all my money. Take note that the law does not require the principal (A) to come back to file the case because. it was stated that. The more reason na nahalata ka that he is not the real party in interest. to withdraw my money in the bank.” Hindi naman sinabing “by” eh.Where the action is allowed to be prosecuted or defended by a representative or someone acting in a fiduciary capacity. The were not the passengers.” Q: Does the law require Aiza to come here to file the case? A: NO.” HELD: The parents are not the real party in interest. Ken is only an attorney-in-fact. A representative may be a trustee of an express trust. A: NO. 3. defendant. plaintiff vs. REPRESENTATIVE PARTY Sec. The real property in interest is the principal. The complaint should be name as “Aiza. In preparation of the complaint. II. Leewee Yoda. and enter into a contract. 125 [Bar Problem] FACTS: Aiza Guadolope decided to go abroad but she has properties in the Philippines. One of the tenants failed to pay rentals. plaintiff. The real party in interest has submitted to the jurisdiction of the court by filing the complaint through his lawyer. the owner of the property. with the authority to hire a lawyer. WARNER BARNES 88 Phil. “In the absence of any contract of carriage between the transportation company and the parents of the injured party. Leewee Yoda. to manage.” Yaan! Q: Suppose Ken. plaintiff vs. “ Ken. the lawyer will amend the complaint: “Ken. with full power to sue these people who owe me. the beneficiary shall be included in the title of the case and shall be deemed to be the real party in interest. An attorney-in-fact cannot use in his own name because he is not the real party in interest. you are my alter ego. a guardian. hire a lawyer but not as the plaintiff because the real party in interest is Aiza. Ken is given the authority to sue. Practically. . The real parties in a contract of carriage are the parties to the contract itself. it should be: “Aiza. So an attorney-in-fact can prosecute or defend a party but in the name of the real party in interest.” SALONGA vs. the parents are not real parties in interest in an action for breach of contract. defendant” is the complaint properly filed. as attorney-in-fact of Aiza. or a party authorized by law or these Rules. Sabayah: “You have the full power to administer. Lewee Yoda.” ISSUE: Is the action properly filed? HELD: NO. the principal except principal. (3a) when the contract involves things belonging to the Section 3 is a relaxation of Section 2 because under Section 2, you cannot sue and be sued if you are not the real party in interest. But Section 3 allows one who is not a real party in interest to sue and be sued in behalf of somebody else. It is possible if you can qualify as a representative party. Example: GUARDIAN. Suppose Judee, a minor was injured. A case for damages has to be filed in behalf of the minor. A minor cannot use and be sued but she is the real party in interest. The law allows the parents to come in and also be the plaintiff. The parents are what we the representative party. The law still requires for the minor to be included in the case. The law states that “the beneficiary shall be included in the title of the case and shall be deemed to be the real party in interest.” Example: TRUSTEE; EXECUTOR; ADMINISTRATOR. Another example is a trustee of an express trust, or executor or administrator of the estate of a deceased person. When a person dies, what survives after him is his estate which represent everything that is left behind. This later on will be given to his heirs. But for the meantime under the law on succession, the executor or administrator will take charge of his property. Q: If the estate of the deceased has some collectibles, who will file the case? A: The administrator or executor as the representative party. If you want to sue the estate, you should sue the estate through the administrator or executor. CHING vs. COURT OF APPEALS 181 SCRA 9 FACTS: Angel Maya wanted to sue Devil John who owe her a sum of money. The problem is, she cannot locate John’s whereabouts. Also, Maya was not certain whether John is dead or alive. So, to play it safe, what the Maya did was to file a case against the “defendant and/or the estate of defendant.” Maya obtained a judgment against the ‘defendant and/or the estate of defendant.’ Later on when the judgment was enforced, it turned out that the John was already dead (tsk! tsk!) but he has properties left behind. So, they started to take hold of their properties. Now, the heirs of the John challenged the decision. ISSUE: Whether or not there was a valid judgment against the ‘defendant/or the estate of the defendant.” HELD: The decision is void. “The decision of the lower court insofar as the deceased is concerned, is void for lack of jurisdiction over his person. He was not, and he could not have been validly served with summons. He had no more civil personality. His juridical personality, that is fitness to be subject of legal relations, was lost through death (Arts. 37 and 42 Civil Code).” “The same conclusion would still inevitably be reached notwithstanding joinder of B’s estate as co-defendant. It is a well-settled rule that an estate can sue or be sued through an executor or administrator in his representative capacity.” So, the Court cited Section 3. In order to bind the estate, you should sue the executor or the administrator of his estate. So, either way, the case cannot prosper. The last sentence of Section 3: An agent acting in his own name and for the benefit of an undisclosed principal may sue or be sued without joining the principal except when the contract involves things belonging to the principal. The agent cannot sue because the principal is the real party in interest. But when an agent acts in his own name and for the benefit of an undisclosed principal, he may sue and be sued, EXCEPT when the contract involves things belonging to the principal. Under the exception, the principal has really to be included. The agent cannot file a case where the principal will lose his property without being named as part to the case. Sec 4. Spouses as parties. - Husband and wife shall sue or be sued jointly, except as provided by law. (4a) Normally, the husband and the wife should sue and be sued together. Even if the wife borrowed money alone and you want to sue the woman, still the husband should be included. Why? In the property relationship between the husband and wife, they are governed by absolute community or conjugal partnership. Whether you like it or not, the implication of the wife is also the implication of the husband because of the property relationship. In the same manner, if the wife wants to collect, even if the husband does not know anything about it, the husband should still be named as party plaintiff, on the ground again that in the income that she can get redounds to the benefit of the conjugal partnership. And there were decided cases in the part where even if for example, a wife sues without the husband, the defect is not fatal but merely format. The complaint should not be dismissed. All that is to be done is to amend the complaint impleading the husband. (Cuyugan vs. Dizon, 76 Phil. 80) Q: Give an exception to that general rule that husband and wife shall sue or be sued jointly. A: The EXCEPTION is in case of Complete Separation of Property (Article 145, Family Code), and under Article 111, Family Code: Art. 111. A spouse of age may mortgage, alienate, encumber or otherwise dispose of his or her exclusive property without the consent of the other spouse and appear alone in court to litigate with regard to the same. (Family Code) Sec 5. Minor or incompetent persons. - A minor or a person alleged to be incompetent, may sue or be sued, with the assistance of his father, mother, guardian, or if he has none, a guardian ad litem. (5a) Section 5 is related to Section 3. The minor or incompetent person must be assisted by the parents and considered as representative party. Incompetent persons includes insane people or mentally retarded people. They are supposed to be under the custody of other persons, the guardians. If no guardian, the court has to appoint a guardian called the guardian ad litem. III. PERMISSIVE PARTY Sec 6. Permissive joinder of parties. - All persons in whom or against any right to relief in respect to or arising out of the same transaction or series of transactions is alleged to exist, whether jointly, severally, or in the alternative, may, except as otherwise provided in these Rules, join as plaintiffs or be joined as defendants in one complaint, where any question of law or fact common to all such plaintiffs or to all such defendants may arise in the action; but the court may make such orders as may be just to prevent any plaintiff or defendant from being embarrassed or put to expense in connection with any proceedings in which he may have no interest. (6) Section 6 is known as permissive joinder of parties. This is related to Section 5 [a] of Rule 2 on joinder of causes of action because when there is proper joinder of parties, necessarily there is also automatic joinder of causes of action. But there could be joinder of causes of action without joinder of parties. Q: May two or more persons join in one complaint as plaintiffs? Or can two or more persons be joined together as defendants? A: YES, under two conditions, to wit: 1.) There is a right to relief in favor of or against or against the parties joined in respect to or arising out of the same transaction or series of transactions; and 2.) There is a question of law or fact common to the parties joined in the action. PROBLEM: Suppose some passengers riding a particular common carrier are injured because of an accident. All of them want to sue the operator of the carrier for damages arising out of the breach of contract of carriage. Under the Law on Transportation, it possible for each passenger to file his own case because our causes of action are different from each other. But can they be joined together in one complaint against the common carrier? A: YES because there is a common question of law or fact in the causes of actions of the injured passengers: the evidence is identical; the issues whether the carrier is at fault are the came; the witnesses for both parties will be the same; the report will be the same; the defense of the operator against one party will be the same defense as against the other passenger. So, since there is a common denominator on their causes of action, they can be joined. It would be different if the passengers were riding on different buses belonging to the same company, and all of them met an accident. What happened to Passenger No. 1 does not concern Passenger No. 2. The evidence will not be the same. So, there is no common denominator – no common question of fact. Therefore, they cannot be joined. PROBLEM: Suppose a story appeared in the Inquirer where 5 people were called as jueteng kings. They were allegedly involved in jueteng – these are the jueteng kings: Ken, Kenneth, Francis, Thad and Sheriff. Now, the five of them want to sue the Inquirer for damages arising from libel. Is it possible for the five (5) people named in the article to file only one complaint against the editor and publisher of the Inquirer? A: YES because it is of the same story. Their names appeared in the same story. It is not a different issue. So there is a common question of act law in their cause of action. PROBLEM: Myra, while driving a car, bumped another vehicle, injuring the driver and causing injury to other passengers. So, there are three offended parties : the owner of the vehicle, the driver of the vehicle , and the passenger. There are three(3) causes of action. Can they join in one complaint against Myra, the owner of the car which bumped them? A: YES because there is a common question of fact and law. There is only one accident. Q: But suppose the three of them will file 3 separate cases against Myra, puwede? A: Puwede, because permissive joinder of parties is not mandatory. Kaya nga ‘permissive’ eh! It is not mandatory but optional although the law encourages permissive joinder of parities. Q: Why does the law encourage joinder of parties? A: The following are the reasons: 1.) 2.) 3.) 4.) to promote convenience in trial; to prevent multiplicity of suits; to expedite the termination of the litigation; and to attain economy of procedure under which several demands arising out of the same occurrence may be tried together thus avoiding the repetition of evidence relating to facts common to the general demands. Now, take note that when there is joinder of parties, there is automatically a joinder of causes of action. That is why one of the conditions of limitations in joinder of causes of action is you must observe the rule on joinder of parties. If joinder of parties is improper under Rule 3, the joinder of causes of action is also proper under Rule 2, Section 5 Principle: WHEN THERE IS JOINDER OF PARTIES, THERE IS ALSO A JOINDER OF CAUSES OF ACTION. BUT THERE CAN BE A JOINDER OF CAUSES OF ACTION WITHOUT A JOINDER OF PARTIES. Paano yun? EXAMPLE: When there is only one plaintiff and one defendant: Suppose Melissa will secure three (3) loans from me. Q: How many causes of action do I have if Melissa will not pay me? A: Three (3) man ba! Q: Now, can I join them in one complaint? A: Yes. Q: Is there joinder of causes of action? A: Yes. Q: Is there joinder of parties? A: NONE, because there is only one plaintiff and one defendant. So, there can be joinder of causes of action without joinder of parties because there is only one plaintiff and one defendant. But if you join parties in Rule 3, automatically, there is joinder of causes of action. This is the relationship of these two provisions. Finally, the last two types of parties to the action are the so-called indispensable parties and necessary parties. (Section 7 and Section 8, respectively) INDISPENSABLE PARTY and NECESSARY PARTIES Sec. 7. Compulsory joinder of indispensable parties. Parties in interest without whom no final determination can be had of an action shall be joined either as plaintiffs or defendants. (7) Sec. 8. Necessary party. A necessary party is one who is not indispensable but who ought to be joined as a party if complete relief is to be accorded as to those already parties, or for a complete determination or settlement of the claim subject of the action. (8a) Take note that under the Old Rules, Section 8, the party there was called ‘proper party.’ Now they change the word from ‘proper party’ to ‘necessary party.’ This readopts the old name under the 1940 Rules. Under the old rules, the parties were either indispensable or necessary. Then under the 1964 Rule, it was changed from ‘necessary’ to ‘proper.’ Now, under the new rule, back to its old name: ‘necessary party.’ Q: Distinguish indispensable from necessary party. A: An INDISPENSABLE PARTY must be joined under any and all conditions, his presence being a sine qua non of the exercise of judicial power, for without him, no final determination can be had of the action. (Borlasa vs. Polistico, 47 Phil. 345) A NECESSARY PARTY ought to be joined whenever possible in order to adjudicate the whole controversy and avoid multiplicity of suits, but if for some reason or another he cannot be joined, the court may proceed without him and the judgment shall not prejudice his rights. (Ibid.) Q: Give examples of indispensable party. A: In an action for partition of land, all the co-owners thereof are indispensable parties. (De Lara vs. De Lara, 2 Phil. 294) In an action for annulment of partition, all of the heirs must be made parties. (Caram vs. CA, 101 Phil. 315) In an action for recovery of ownership of land, the person who claims to be the owner of the land is the indispensable party defendant and not the one in possession as tenant. (Sanidad vs. Cabotaje, 5 Phil. 204; Manza vs. Santiago, 96 Phil. 938) Q: Give examples of necessary party. A: In an action for collection of debt instituted by the creditor against the surety, the principal debtor is merely a necessary party. (Vaño vs. Alo, 95 Phil. 495) In an action for recovery of debt instituted by the creditor against the debtor, the guarantor or surety is merely a necessary property. (Ibid.) In an action for foreclosure of a real estate mortgage instituted by the first mortgagee, the second mortgagee is merely a necessary party. (Somes vs. Gov’t of Phil., 62 Phil. 432) REVIEW: What is the difference between a surety and a guarantor? The liability of guarantor to the creditor is only secondary. Meaning, the guarantor is only liable to the creditor if the principal debtor cannot pay like when the debtor is insolvent. On the other hand, a surety is principally liable to the creditor whether or not the debtor can pay. PROBLEM: In credit transactions, there is a creditor, debtor and surety. Debtor borrowed money Be is merely necessary party.000 only because of their joint obligation. then another acted as the surety. Meaning. (8a. Genie. the latter can automatically claim from the debtor. and the judgment rendered therein shall be without prejudice to the rights of such necessary party. Q: Can the case proceed even without the guarantor? Q: YES because the guarantor is merely a necessary party. without justifiable cause. But it is advisable to join the debtor in one case.from the creditor. 9a) . the creditor can collect the whole obligation from any of the debtors without prejudice to the right of the latter for reimbursement of his share in the obligation from his co-debtors. Now. Q: If Doña Eugenia files a case against Manuel only. Ate Maya is the guarantor. So.000 (50-50 sharing). Whenever in any pleading in which a claim is asserted a necessary party is not joined. Thus. Pero bag binayaran ng surety iyong creditor. Doña Eugenia is the creditor. and not indispensable. Kanya-kanya tayo. the creditor files now a case against the surety without the debtor.k.a. the surety may be ordered to pay. And if the debtor turns out to be insolvent. and shall state why he is omitted. shall be deemed a waiver of the claim against such party. But Manuel is indispensable party insofar as his share is concern. The Doña Genie filed a case against Kuya Mortz. Doña Eugenia is the creditor. Non-joinder of necessary parties to be pleaded. there could be no complete relief between those who are parties. if known.000. Now. The non-inclusion of a necessary party does not prevent the court from proceeding in the action. the creditor will now file another case against the guarantor. what should she do? A: She should file a case against both Manuel and Cathy. Should the court find the reason for the omission unmeritorious. there is still a future case. Both did not pay Doña Eugenia. suppose the debtor will not pay. Q: But if Doña Eugenia wants to collect the entire P100. Meaning. Both did not pay Doña Eugenia. can the case proceed without Cathy? A: YES and Manuel is required to pay Doña Eugenia the whole amount of the debt because of solidary obligation. 9. The failure to comply with the order for his inclusion. PROBLEM: Manuel and Cathy are JOINT debtors of P100. Q: If Doña Eugenia files a case against Manuel only. the pleader shall set forth his name. can the case proceed without Cathy? A: YES but Doña Eugenia can only collect from Manuel up to P50. PROBLEM: Manuel and Cathy are SOLIDARY debtors of P100.000 (50-50 sharing). para pag nag-claim ang creditor from the surety. the debtor is a necessary party. it may order the inclusion of the omitted necessary party if jurisdiction over his person may be obtained. Then Manuel can proceed against Cathy for reimbursement. Cathy is only necessary insofar as Manuel’s share is concern. Pang-one time ba! PROBLEM: Kuya Mortz borrowed money from Doña Eugenia a. On the other hand. Q: Can the case proceed even without the debtor being sued? A: YES. in joint obligation. the creditor cannot compel the debtor to pay the share of his co-debtor. the case may proceed. the creditor can only get from a debtor the latter’s share in the whole obligation. She did not include the guarantor. what will he do next? He will now sue the principal debtor for reimbursement. The debtor was not included in the case. Sec. REVIEW: What is the difference between joint debtors and solidary debtors? In solidary. And take note that under the new rules. The law requires as much as possible that all parties be impleaded to avoid multiplicity of suits.” Then she says. “Pilitin mo muna ako. If the consent of any party who should be joined as plaintiff can not be obtained. Q: Do you know what ‘MISJOINDER of parties’ mean? A: It means that two or more parties should not be joined but they are improperly joined. A good example is. EXAMPLE: If Tato. he shall explain why he is not including Sheriff. Sec. if there is no common question of fact or law. the failure to comply with the order of inclusion without justifiable cause shall be deemed a waiver of the claim against such (necessary) party. “Ayoko nga. Assuming that a necessary party cannot be impleaded. refuses to include Sheriff despite the order of the court. without including Sheriff “The Punk” as the debtor. if the court finds no valid reason for not impleading a party. brother 4 say to sister 1.” But sabi ni sister 1. Any claim against a misjoined party may be severed and proceeded with separately. (11a) This is similar to Section 6 of Rule 2 – misjoinder of causes of action is not a ground for dismissal of an action. If there is unwilling plaintiff. However. a surety. without justifiable cause. the court may order the inclusion of the necessary party under Section 9. 10. name him as defendant whether he likes it or not. EXAMPLE : There are 4 brothers and 1 sister. hindi mo ako pinilit eh!” Meaning. (10) This is particularly true with INDISPENSABLE parties – the case cannot proceed without you. MISJOINDER AND NON-JOINDER OF PARTIES Sec. his non-inclusion does not prevent the court from proceeding with the action. Misjoinder or non-joinder at parties is not a ground for a motion to dismiss because at any stage of the case. EXAMPLE: Tato “The Hunk” files a case against Andre “The Hippie”. In the complaint of Tato. They have to file a case against somebody to recover property which they believe was owned by their parents.If you do not implead a necessary party. all of them will suffer because ayaw ni sister 1 mag-file ng kaso. you must give an explanation why did you not implead him. Misjoinder and non-joinder of parties. Andre cannot also pay Tato. there is no way now for Tato to go against Sheriff anymore because he (Tato) failed to comply with the order of inclusion without justifiable cause. the court can order a misjoined party to be removed or a party not joined to be included. Then. Neither misjoinder nor nonjoinder of parties is ground for dismissal of an action. “Let us file a case. include the one who refused as one of the defendants. he may be made a defendant and the reason therefor shall be stated in the complaint. Parties may be dropped or added by order of the court on motion of any party or on its own initiative at any stage of the action and on such terms as are just. 11. Q: Now. what is the remedy of the 4 brothers? A: Under Section 10. Meaning. you do not have any business to be . and later on. Unwilling co-plaintiff. The judgment rendered shall be without prejudice to the rights of such necessary party. ” Well.” The concept of a class suit was first . some of you will sue to represent the rest. I cannot identify who among you who did the wrong to me. indispensable or necessary shall be included. The rule presupposes that the original inclusion had been made in the honest conviction that it was proper and the subsequent dropping is requested because it turned out that such inclusion was a mistake. And that is not a defect which should cause the dismissal of the case because the can always issue an order ordering the removal of a misjoined party or the inclusion of joinder of a party who should be included. Q: So what is the remedy then? A: The remedy is to order the removal of the party who is misjoined. should the case be dismissed? A: Not. you have no right to sue anybody just like that. (12a) As a GENERAL RULE. if there are several real parties in interest. Class suit. That is what we call misjoinder of parties.” CLASS SUIT SEC. EXCEPTION to the General Rule: Class Suit.here but you are joined or misjoined. What it really contemplates is erroneous or mistaken nonjoinder and misjoinder of parties. they shall be included in the case whether indispensable or necessary. a number of them which the court finds to be sufficiently numerous and representative as to fully protect the interests of all concerned may sue or defend for the benefit of all. That is not a license. So I will file a case against all of you. Now. SANDIGANBAYAN 173 SCRA 72 [1989] HELD: Section 11 of Rule 3 “does not comprehend whimsical and irrational dropping or adding of parties in a complaint.JOINDER’ is different. that is not a ground for dismissal. Meaning. Anyway later on. 12. The general rule is that all parties in interest. I have a case against somebody in the class. What the law contemplates. or to order the inclusion of the party who should be joined. Example: There are 30 of us. the party was joined in good faith believing that he was a defendant but actually it turned out to be wrong. according to the SC. That is not an excuse for suing any party left and right. the trouble is in the meantime. In the case of REPUBLIC vs. that the plaintiff has the license to include anybody in an action? Like for example. That is also known as the “doctrine of virtual representation. When the subject matter of the controversy is one of common or general interest to many persons so numerous that it is impracticable to join all as parties. A party who should be joined was not joined such as a necessary party. ‘NON. Q: Does it mean to say therefore. I can dump you kung hindi ka talaga sabit. is this allowed? A: NO. Q: What happens if a party is misjoined or if there is a non-joinder. It is also known as “spurious class suit. No one is free to join anybody in a complaint in court only to drop him unceremoniously later at the pleasure of the plaintiff. Any party in interest shall have the right to intervene to protect his individual interest. So. 345 FACTS: This case has something to do with raffle. Since the properties of the Araneta is very big. the following are the conditions of a valid class suit: 3.) The parties are so numerous that it is impracticable to bring them all before the court. Example is a taxpayer’s suit – filed in behalf of all the taxpayers in the Philippines. and 4. INC. they subdivided it – kanya-kanyang lote. it will be quite impossible. Then a case was filed by Sulo ng bayan Association against Araneta to annul the title of the latter. ISSUE: Is the suit filed by some members in behalf of some members proper? HELD: YES. Now.) The subject matter of the controversy is one of common or general interest to many persons (such as the funds of the association in the case of POLISTICO). in behalf of all the members. 72 SCRA 347 [1976] FACTS: This concerns the big property of the Araneta’s in Quezon City. And then every Sunday after mass. ISSUE #1: Whether or not the action was file in the name of the real in interest. POLISTICO 47 Phil. Therefore. They are questioning the title of the Araneta’s So. because if We will require all the members to appear. And there is no specific number of persons that is provided by law. In which case a number of them which the court finds to be sufficient and numerous and representative as to fully protect the interests of all concerned may sue or defend for the benefit of all. HELD: Sulo ng Bayan is not the real party in interest. some members must be made to sue but only in behalf of all the members who are not around and it is impracticable to bring them all to the court. Q: What are the CONDITIONS FOR A VALID CLASS SUIT ? A: Under Section 12. The time came when the funds of the association became very big. ARANETA. decided to file a case against the officers to render an accounting of all the amounts. we will go to some interesting cases on class suit decided by the Supreme Court: SULO NG BAYAN vs. The real parties in interest would be the members. It is a big track of land in Quezon City occupied by so many people who want to acquire it. It violates Section 2 – “the action must be prosecuted and defended in the name of the real parties in interest. half of the collection will go to the treasurer of the association.” You become a member of this association by contributing a certain sum of money. It has been the subject matter of litigation for the past years – 3 or 4 decades.enunciated in the old case of BORLAZA vs. Some of the members. A number of them may sue for the benefit of all.” The . A group of people decided to form an association which they called “Turnuhang Polistico. This has been going on for months and years. The other half will be raffled off. Sulo (torch) ng Bayan is the association of squatters. ET AL vs. But the permissive joinder of parties kailangan. They filed a case against then DENR Secretary Factoran. to cease and desist from proceeding. lahat tayo is interesado. What would have been proper is permissive joinder of parties because of common question of tact or law. the first question is. the subject matter is of interest to everybody and we cannot all be joined because we are so numerous. 1989 RE: Doña Paz Tragedy – iyong lumubog na barko owned by Sulpicio Lines. 1. The survivors have no interest in the death of other passengers.” Do you have an interest in that (another lot) portion? “Wala.” What should be done is that all of them to sue together to cover the entire property. in that case. They are suing in their behalf. That’s why you can confuse Section 6 with Section 12. Hindi puwede na I will represent you. accepting.” Meron ka bang interest diyan? “Meron. Kanya-kanya yan but they can join together. then the subject matte is not of common interest. The interest of one occupant is only on the lot he occupies. The interest in this case is individual. the subject matter is of common interest to all. Some were small boys duly represented by their parents. for each one has a lot. OPOSA vs. but not class suit. So. processing. The prayer in the case is to order the DENR to cancel all existing Timber License Agreements (TLA’s). in behalf of the .members occupying the land are the plaintiffs. Unlike in a class suit. ISSUE #2: Whether or not the action was properly pleaded as a class suit HELD: NO. lahat kayoi nandiyan. So. FACTORAN 224 SCRA 12 [1993] FACTS: Oposa et al were all minors. To illustrate: You are Occupant No. Meaning. This is the more important reason why they cannot qualify as a class suit: In a class suit. which lot do you occupy? “Here (a particular lot).” If that is so. Section 6 should be applied – permissive joinder of parties because there is a common question of fact. “My neighbor does not have an interest on the lot I occupied. This is more of permissive joinder of Parties rather than a class suit. SULPICIO LINES May 19. The association is not the one occupying the lot. Meaning. who should be the plaintiff? It should be the members. So. BULIG-BULIG KITA KAMAGANAK ASSOCIATION. HELD: That cannot be. in effect. renewing all accruing new TLA’s. These young boys sue with their parents. it prays for a total log ban in the country to preserve the remaining forest all over the Philippines. FACTS: There we so many relatives who filed a case against Sulpicio Lines and there was an attempt to file a class suit in behalf of everyone who were drowned including those who were not identified. should a class suit be allowed? A: NO. The object of the suit is to obtain relief for or against numerous persons as a group or as an integral entity. That is why the court is extra-cautious in allowing class suits because they are the exceptions to the condition sine qua non requiring joinder of all indispensable parties. Q: In case of doubt. The personality of the minors to sue for the succeeding generations is based on the concept of inter-generational responsibility insofar as a balanced and healthful ecology is concerned. Q: Distinguish a representative suit from a class suit. there would be no problem it the decision secured is favorable to the plaintiffs. distinct individuals whose rights or liabilities are separate from and independent of those affecting the others. The minors’ right to a sound environment constitute at the same time the performance of the obligation to ensure the protection of the rights or the generations to come. it should be allowed with caution because the fact that you represent others is only a fiction of law. POEA ADMINISTRATOR 238 SCRA 721 [1995] HELD: While it is true that class suit is allowed. not separately or severally to distinct individuals. 1996] FACTS: A labor union filed a case against the employer in behalf of hundreds of employees. In which case. CADALIN vs. NLRC 257 SCRA 186 [May 31. For all you know. there are different causes of action pertaining different persons. The problem arises where the decision is adverse to them. So okey lang kung manalo ang kaso. HELD: The civil case is indeed a class suit. Eh kung matalo ang kaso? All others start blaming you.other citizens who are of their age because they stand to suffer if the environment will be deteriorated. A: In the case of LIANA’S SUPERMARKET vs. They say that they represent their generations and generations yet unborn. Is this a representative suit or a class suit? HELD: “What makes the situation a proper case for a class suit is the circumstance that there is only one right or cause of action pertaining or belonging in common to many persons. the parties who are impleaded through their self-appointed representatives would surely plead denial of due process. They say. . a class suit should not be allowed b e cause class suit is an exception to the general rule that all parties should be included. those others may not want to be represented. and not as separate. They say that they are entitled to the full benefit. When the issue is not so clear. The case however has a special and novel element. In an improperly instituted class suit. use and enjoyment of the natural resources of our country’s rich tropical rainforests. Every generation has a responsibility to preserve the ecology. the case was tiled for themselves and others for the preservation of our rainforest and we are so numerous that it is impracticable to bring all plaintiffs to court.” In a representative suit. as provided for in the Labor Code. 13. L-6014. although a right to relief against one may be inconsistent with a right of relief against the other. this is the best policy because the plaintiff is a sure winner. . Alternative defendants. If the agency is proved. Section 5 – Joinder of Causes of Action) You filed a case against the operators of two vehicles. plaintiffs may join in the alternative under the same principle as alternative joinder of defendants. a legitimate labor organization has the right to sue and be sued in its registered name. distinct employees who are members of respondent Union. they may join as plaintiffs in the alternative. Although the law is silent. 1955).” In other words. This authorizes a union to file a representative suit for the benefit of its members in the interest of avoiding an otherwise cumbersome procedure of joining all union members in the complaint. your cause of action is either culpa aquiliana or culpa contractual. Rule 2. When several persons are uncertain as to who among them is entitled to relief from a certain defendant. even if the two causes of action is inconsistent with each other. It is important to note the following: 1. (13a) Alternative defendants is also related to alternative causes of action – even if your right against one is inconsistent with your right to relief against the other party.” there is no reason why the grounds for “alternative plaintiffs” should not be allowed. the relief is awarded to the principal. CLASS SUIT 2. Jante. (c. “although a right to relief against one may be inconsistent with a right against the other. Therefore. Where the plaintiff is uncertain against who of several persons he is entitled to relief. if there is such a thing as “alternative defendants. the applicable rule is that provided in Rule 3 on Representative Parties. REPRESENTATIVE SUIT 3.“In the present case. you may file a suit against the alternative defendant. Is that not inconsistent? The law says. Thus. the Labor Code allows a union to file a representative suit. he may join any or all of them as defendants in the alternative. This is also sanctioned by the rule on permissive joinder of parties (Pajota vs. Feb.” For convenience. The only question is. there are multiple rights or causes of action pertaining separately to several. Nonetheless. ALTERNATIVE DEFENDANTS Sec. who among the two will be held liable.f. In effect. 8. it is allowed. If not. As a matter of fact. the principal and his agent may join as plaintiffs in the alternative against a defendant. DERIVATIVE SUIT – only peculiar to the corporation law where the minority files a suit in behalf of the entire corporation because intra-corporate remedy is useless. even if they number by the hundreds. award is then made to the agent. Q: (Taken from Remedial Law Reviewer by Nuevas) May plaintiff join in the alternative? A: YES. If the true name of the accused is thereafter disclosed by him or appears in some other manner to the court. or by such other designation as the case may require. 7. he may be sued as the unknown owner. I will sue the owner of that car as an unknown defendant. Whenever the identity or a defendant is unknown. Entity without juridical personality as defendant. When two or more persons transact in a business under a common name.” instead of a ‘common name. the registered owner of Honda motor vehicle with plate number so and so. But you do not also know the members of that entity. the pleading must be amended accord. vs. “Leyva ‘the rapper’. such true name shall be inserted in the complaint or information and record. Now. how would you sue the defendant? A: Under Section. He was bumped by a car. so far.’ You cannot sue the entity because it has no juridical personality. Unknown identity or name of defendant. 2001 model. it is worded in this manner: “When two or more persons not organized as an entity with juridical personality. When two or more persons not organized as an entity with juridical personality enter into a transaction. Entity without juridical personality as defendant. when his or true name is discovered. BAR PROBLEM: While Leyva “The Rapper” was walking on the street. color blue. Q: Who are really the defendants here? A: The persons involved. this was known as suing two or more persons involved in a business under a common name. Section 1 provides that only natural of juridical persons may be sued. Name of the accused. SEC. he must be described under a fictitious name with a statement that his true name is unknown. 15. If his name cannot be ascertained. when the defendants file an answer. they may be sued under the name by which they are generally or commonly known. I can place in my complaint. heir. Under the second paragraph of Section 15. name of devisee. plaintiff. we can amend the complaint to place the name of the defendant. In the answer of such defendant. so the law allows you to file a case against the entity. (7a) ENTITY WITHOUT JURIDICAL PERSONALITY AS DEFENDANT Sec.” And later if you discover the true identity of the owner. identity 14. they must file under . Section 14 is similar with Rule 110 in Criminal Procedure – a case may be filed against an unknown accused. Under the old law. Rule 1. RULE 110. they may be sued under their common name. Now. under Section 14.Sec. – The complaint or information must state the name and surname of the accused or any appellation or nickname by which he has been or is known. (14) Q: Can you sue somebody who is unknown? A: YES. say a Toyota Altis. the names and addresses of the persons composing said entity must all be revealed. If you are the lawyer of the Leyva. he could not determine who is the owner. But such service shall not bind individually any person whose connection with the entity has.their names as they are really the real parties in interest. 3. 6. When the lawyer answers the complaint. Q: How do you summon this kind of defendant? A: Rule 14. New Civil Code) EFFECT OF DEATH OF A PARTY Sec. been severed before the action was brought. 17a) First of all. Death of party. and to give the name and address of his legal representative or representatives. the claim is automatically extinguished. Service upon entity without juridical personality. Class suit (Section 12. The heirs of the deceased may be allowed to be substituted for the deceased. may be recovered as costs. service may be effected upon all the defendants by serving upon any one of them. Judgment against entity without juridical personality. Rule 3). When persons associated in an entity without juridical personality are sued under the name by which they are generally or commonly known. When judgment is rendered against two or more persons sued as an entity without juridical personality. Rule 3). the death of a . 8. EXCEPTIONS: (When may an action be filed without naming all the parties in involved?) 1. (16. The court charges in procuring such appointment. Any co-owners may bring an action for ejectment (Article 487. there are cases when a party to a pending action dies and the claim is not thereby extinguished (this is what they called an action which survives as we will explain later) and there are certain actions where if a party dies. or if the one so named shall fail to appear within the specified period. (6a) GENERAL RULE: actions must be filed against real parties in interest. to procure the appointment of an executor or administrator for the estate of the deceased and the latter shall immediately appear for and on behalf of the deceased. he is duty-bound to provide the names of all the defendants. within a specified time. duty of counsel. or upon the person in charge of the office or place of business maintained in such name. upon due notice. 2. 16. it shall be the duty of his counsel to inform the court within thirty (30) days after such death of the fact thereof. (9a) Correlate this with Rule 36. The court shall forthwith order said legal representative or representatives to appear and be substituted within a period of thirty (30) days from notice. and the claim is not thereby extinguished. if known. the judgment shall set out their individual or proper names. If no legal representative is named by the counsel for the deceased party. Meaning. Whenever a party to a pending action dies. Sec. without requiring the appointment of an executor or administrator and the court may appoint a guardian ad litem for the minor heirs. Failure of counsel to comply with this duty shall be a ground for disciplinary action. the court may order the opposing party. Entity without juridical personality (Section 15. if defrayed by the opposing party. Section 6: Sec. Section 8: RULE 14. and the other alternative will be the heirs. 1995] FACTS: This is an ejectment. you must tell the court and you must give the name of the legal representative. under the rule in legal ethics. But there was no substitution in the case for . The heirs would only be allowed to be substituted if there is an (1) unreasonable delay in the appointment of administrator or executor. So. That is not found in the prior rule. But outside of those two reason. “O! Ito ang heirs o!” “OK! Substitute!” Actually. Majority of cases when the party dies. the lawyer can be subjected to disciplinary action.” Under the rule. Although there was a case decided by the SC way back in 1986 in the case of LAWAS vs. He must inform the court and give the name and address of his legal representative/s (e. wife or spouse. failure of the counsel to comply with his duty shall be a ground for disciplinary action. Many courts do not enforce it strictly. So. that is wrong based on LAWAS case. the representative refers to the executor or administrator. or when the heirs resort to extrajudicial partition because there is no more administrator or executor in extrajudicial settlement. What is the procedure? There should be substitution. Normally. priority is given co the legal representative of the deceased. The defendant died while the case is going on. The purpose there is for substitution so that the legal representative will be ordered substituted. And there is a new provision under the new rules.party causes death of the action. COURT OF APPEALS 146 SCRA 173 HELD: “The priority of substitution would be the executor or administrator not the heirs. The latter may re-hire the lawyer but under a new contract. “the heirs of the deceased may be allowed to be substituted for the deceased without requiring the appointment of an executor or administrator. the case or the cause of action continues. That is. other than the legal representative. administrator of executor of the estate) Well of course. the law always gives priority to the administrator or executor.g. before anything else. The priority is given to the administrator or executor. That is. patay na. DE SALAZAR vs. the executor or the administrator of his estate. But procedurally. such as the surviving children. case. So the provision continues. It is the duty of the lawyer of the deceased to inform the court within 30 days after the death of the party thereof. VDA. It is only when there is unreasonable delay in the appointment. But these are very few. COURT OF APPEALS 250 SCRA 303 [November 23. the lawyer-client relationship is automatically terminated by the death of the client because the lawyer-client relationship is personal. or (2) when the heirs resort to extrajudicial partition. And the court may appoint a guardian ad litem for the minor heirs. (21a) The best example here is an action to collect an unpaid loan. in effect. So. Under the OLD RULES.” In other words. A favorable judgment obtained by the plaintiff therein shall be enforced in the manner especially provided in these Rules for prosecuting claims against the estate of a deceased person. EFFECT OF DEATH OF A PARTY ON MONEY CLAIMS Now. . the civil case is not suspended but it will be dismissed. Until finally. patay na iyon when the defendant dies. one of the radical changes again introduced by the new rules is the effect of the death of the defendant in a money claim – action to collect a sum of money. they presented evidence in defense of the deceased defendant. in which somebody is already dead. when there was a defect the heirs however cannot used that because they themselves appeared and continued the case. “the judgment is valid where the heirs themselves appeared before the trial court and participated in the proceedings. Now. Action on contractual money claims. is the judgment jurisdictionally detective? Because here. because the law provides. it shall not be dismissed but shall instead be allowed to continue until entry of final judgment. Sec. the case will not be dismissed but rather. paano 'yung utang? Now. HELD: NO. and the defendant dies before entry of final judgment in the court in which the action was pending at the time of such death. it shall not be dismissed but it shall instead be allowed to continue until entry of final judgment. until it was decided. you file a case against the estate of the deceased under the Rules on Special Proceedings. if the judgment is favorable to you (the plaintiff). Therein. “xxx a favorable judgment obtained by the plaintiff therein shall be enforced in the manner specially provided in these Rules for prosecuting claims against the estate of a deceased person. under the NEW RULE. . It shall be allowed to continue until entry of final judgement. So. the case will now continue until entry of final judgment. Q: But of course.ten years. ISSUE: When there is failure to effectuate the substitution of heirs before the rendition of judgment. The court was not informed of the death of the defendant. But definitely the civil case hindi na matuloy . there was a decision. Meaning. When the action is for recovery of money arising from contract. the case continued eh. And while the case is pending the defendant died. there was estoppel. the case shall be dismissed. can you move to execute? Can you move to execute the decision against or buy the property of the defendant? A: NO. Eh. That is a radical change of procedure! So case will not be dismissed. until it becomes final and executory. It is undeniably evident that the heirs themselves sought their day in court and exercised their right to due process. What will happen to the case? The law says: If the defendant dies before the entry of the final judgment in the court at the time of death.” . express or implied. 20. you cannot say that the case is terminated upon the death of the party. So. these are what you call actions which survive.) ACTIONS WHICH SURVIVE – Is it a contractual money claim or non-contractual claim? If it is a contractual claim. CONTRACTUAL MONEY CLAIMS: 2a1. an action for legal separation. And the favorable judgment obtained by the plaintiff therein shall be enforced in the manner especially provided in these Rules for prosecuting claims against the estate of a deceased person. These are the cases arising from the Family Code. recovery of possession. ano ang mga kaso na iyan? 2. So. Meaning. Majority of the cases are damage suit. an action for declaration of the nullity of marriage or. that refers to actions which are purely personal in character like an action for annulment of marriages. recovery of land. these are the actions which are purely personal . While there is a case and a party dies.Q: And what is that procedure? A: YOU FILE A CLAIM against the estate under Section 5. Meaning . So. TAPOS NA! When one of the parties dies. . the question is: KAILAN NAMATAY? Before entry of final judgment or after entry? This is where Section 20 will come in. and that is Section 5 of Rule 86. One of them dies. 2a2. there is substitution. [Note: SEE OUTLINE AT THE LAST PART OF THIS RULE. the case will continue. Example: The husband files a case against the wife for annulment of marriage or legal separation.) ACTION WHICH DOES NOT SURVIVE An action which does not survive is an action which is abated upon the death of a party. The case cannot go on once a party dies. what will happen to the case? A: I will distinguish – Anong klaseng kaso iyar. Is that an ACTION WHICH DOES NOT SURVIVE or an ACTION WHICH SURVIVES? 1. 2a2a. recovery of unpaid loans. Wala nang substitution. Q: So. or an action for support. but there will be no execution.) Actions which survive.) If it is the plaintiff who dies. the case shall not be dismissed but shall be allowed to continue until entry of final judgment. The heirs or legal representatives will proceed.] Q: We are talking of death of a party in a pending civil action. what is the effect of the death of the party in actions which does not survived? A: The case is dismissed! However. Rule 86 of the Rules of Court. And normally. So. There is nothing to annul because the marriage is already dissolved. you apply Section 20 of Rule 3.) If it is the defendant who dies. who died – is it the plaintiff or is it the defendant? If the defendant is the one who died. if a party dies. when did he die? 2a. the marriage is dissolved. these cases are very few.) If the defendant died before entry of final judgment. etc. the same may be sold for the satisfaction of the judgment obligation. you correlate this with Section 16 --. So. And if there is an excess. auction sale proceeds as scheduled. namatay. there is substitution of parties. But assuming.) If a party dies in an action which survives which is a non-contractual money claim. that is the outline in the light of the amendments of the Rules of Court. 2a2c) If the defendant died after levy or execution but before the auction sale – meaning. (7a) Meaning.2a2b. 7. When a public officer is a party in an action in his official capacity and during its . and the officer making the sale shall account to the corresponding executor or administrator for any surplus in his hands.) If the defendant died after the entry of the final judgment but before execution (after the judgment became final but before there could be levy or execution) you cannot move to execute. what Section 20 emphasized is that.] Note: What Section 20 says is that: before the case can be decided and the defendant dies (in actions involving money claims) the case shall not be dismissed but shall instead be allowed to continue until entry of final judgment. Rule 86 . the action shall not be dismissed but shall continue – to emphasize that it is now different compared with the prior RULE. unlawful detainer. real or personal like replevin. or action for damages. NON-CONTRACTUAL MONEY CLAIMS: EXAMPLE: an action for recovery of property. action publiciana. after execution is actually levied upon any of his property. there was no substitution and the heirs fought in the case. [PLEASE REFER TO THE OUTLINE HEREIN ATTACHED. DE SALAZAR. That is in the study of Special Proceedings on settlement of the estate of a deceased person. so that the creditor will share with the other creditors pro-rata in the distribution of the estate. Death or separation of a party who is a public officer. BUT CONTINUE AGAINST WHOM? Against the deceased? Now. [Section 5. the property was already levied by the sheriff bago pa namatay – we will now apply Section 7[c] of Rule 39: Rule 39. Sec. (damages that is not the same for transaction of money because damages arising from culpa aquiliana is one not arising from contract. obviously. what are these non-contractual money claims which survive? These are those mentioned in Section 7 of Rule 86 and Section 1 of Rule 87. there is waiver because the defect is procedural. Just like what happened in the case of VDA. In case of the death of party. to my mind. 17. 2b. after the levy. So. Execution in case of death of party.] The purpose there is. there will always be a substitution Sec. But obviously.there should still be substitution. action reinvidicatoria.Please refer to your codals.) Actions which survive. you apply Section 5 of Rule 86 which is the governing rule – you file your judgment as a claim against the estate of the deceased defendant. the excess shall be delivered to the administrator of executor. forcible entry. Actually. Again. execution may issue or be enforced in the following manner: x x x x x x (c) In case of the death of the judgment obligor. upon an ex parte application and . or otherwise ceases to hold office. Kenneth becomes insane.) Leweh can be removed and Erec will be substituted. or 3. While the case is pending. 18. [inborn na yan eh!] Sec. Q: Can the case continue against Leweh? A: YES. Indigent party. it is satisfactorily shown to the court by any party that there is a substantial need for continuing or maintaining it and that the successor adopts or continues or threatens to adopt or continue the action of his predecessor. Sec. In all 3 cases.) Leweh can stay and Erec will be added. (2) resigns. 1. unless the court person to whom the interest is transferred to be or joined with the original party. Section 3 on representative party but in Section 3. resigns. upon motion with notice. Vice-Mayor Angeles becomes the mayor. 2. unless expressly assenting thereto. EXAMPLE: Mayor Pascua threatened to demolished the building of Mr. or (3) cease to hold office. Erec is subsidiary liable. the court. While the case is pending. Leweh sold the land to Erec. Erec now assumes the risk and takes the property subject to the outcome of the case. he will be substituted and he is given 30 days to comment. In case of any transfer of interest. Kenneth was already insane before the case is filed. Erec will be bound by the judgment.pendency dies. Sec. the case will be dismissed. shall be given reasonable notice of the application therefor and accorded an opportunity to be heard.) If Leweh loses and cannot pay. the by or against the original party. If Mayor Pascua dies. 2.) If the successor intends to continue with the policy. If a party becomes incompetent or incapacitated. the party or officer to be affected. If Vice-Mayor Angeles who is now the mayor says that he will continue with the demolition.) If the successor does not adopt the policy. Q: What will happen to the case? A: The following: 1. (18a) This applies only when the public officer is party to an action in his official capacity. the action may be continued and maintained by or against his successor if. (tsk! tsk!) The case will continue but Kenneth has to be assisted by his guardian ad litem Thad. 21. there will be a succession. within thirty (30) days after the successor takes office or such time as may be granted by the court. claim or defense as an indigent if the court. A party may be authorized to litigate his action. If he (1) dies. Before a substitution is made. 19. may allow the action to be continued by or against the incompetent or incapacitated person assisted by his legal guardian or guardian ad litem. Incompetency or incapacity. (20) EXAMPLE: Rudolpho files a case against Leweh to recover a piece of land. Transfer of action may be continued upon motion directs the substituted in the action interest. Nuere as a hazard. This is related to Rule 3. (19a) EXAMPLE: Francis files a case against Kenneth.  . shelter and basic necessities for himself and his family. may require the appearance of the Solicitor General who may be heard in person or through a representative duly designated by him. is satisfied that the party is one who has no money or property sufficient and available for food. and of transcripts of stenographic notes which the court may order to be furnished him. Under the Constitution on Bill of Rights. the Solicitor General has to be involved in the case to defend the validity of the law. without prejudice to such other sanctions as the court may impose. no person shall be denied access to courts by reason of poverty. (23a) EXAMPLE: Inday (the love-is-blind club president) files a case against Kenneth Bruce Lim for declaration of nullity on the ground of psychological incapacity. the court. Notice to the Solicitor General. The other party may contest the claim of the indigent if he is really an indigent or not. execution shall issue for the payment thereof. the proper docket and other lawful fees shall be assessed and collected by the clerk of court. presidential decree. But if the indigent wins. If payment is not made within the time fixed by the court. law. he has to pay the fees – file now. in its discretion. ordinance. a plaintiff need not pay docket fee if he is an indigent if he files an application (exparty application) to allow him to litigate as an indigent litigant. rules or regulations. 22. If the court should determine after hearing that the party declared as an indigent is in fact a person with sufficient income or property. Sec. pay later) – the amount shall be a lien on any favorable judgment. the court assigns a counsel de officio. executive order. (22a) In criminal cases. In civil cases. Such authority shall include an exemption from payment of docket and other lawful fees.hearing. unless the court otherwise provides. The third paragraph is new. Kenneth alleges that Article 38 of the Family Code is unconstitutional. The amount of the docket and other lawful fees which the indigent was exempted from paying shall be a lien on any judgment rendered in the case favorable to the indigent. So the court will rule on the validity of the law in which case. REASON: The Solicitor General is the legal counsel of the Republic of the Philippines whose duty is to defend all the official acts of the Government. In any action involving the validity of any treaty. Any adverse party may contest the grant of such authority at any time before judgment is rendered by the trial court. . the rule on venue even before 1997 as earlier as August 1.Rule 4 VENUE OF ACTIONS Q: Define venue. the RTC is divided into areas. 1995. you have two choices. if you would like to file a case for forcible entry against somebody. let’s go to personal actions. So. Forcible entry and detainer actions shall be commenced and municipal trial court of the municipality or city wherein the involved. Example: one half is part of Davao City and the other half is in the municipality of Panabo. . or a portion thereof. (1[a]. Q: Why does the law say “tried in the proper court?” A: It is because proper court will now be the MTC or the RTC. that is improper or wrong venue. that is called territorial jurisdiction – the place where the crime was committed. We call it venue. Now. 13-95. kung saan iyong real property. Now in the case of forcible entry and unlawful detainer. Of course. If you file the action in other places. the proper venue is the one which has jurisdiction over the area wherein the real property involved or a portion thereof is situated. when the action is real.000 or less.. we distinguish whether it is forcible entry and unlawful detainer or action publiciana or action reinvidicatoria. So. In criminal cases. p. Now. every branch has its own designated area of responsibility. or a portion thereof. venue is not the same with jurisdiction. or interest therein. it is possible that for a property be in the boundary of two towns. is situated. Now. it should be in the RTC. 2nd Ed. doon din ang venue. depending on the assessed value of the property. paragraph 2 will apply – that is. You can file it in the MTC of Panabo or in the MTC of Davao City. A: VENUE is the place where the action must be instituted and tried. But in civil cases. Actions affecting title to of real property. The venue of real action is stated in Section 1 and the venue for personal action is stated in section 2. MTC yan. or the venue of the action is in Manila. Rule 4 of the 1964 Rules has already been amended by the administrative Circular No. We do not call it territorial jurisdiction.000. If the assessed value is P20. If it is accion publiciana or reinvidicatoria. This is where it is important to determine whether the action is real or personal for the purpose of venue. MTC – it is in the municipality or city wherein the real property involved or a portion thereof is situated. is situated. 1132) EXAMPLE: The venue of the action is in Davao. but now it incorporated under the Rules of 1997. If it is over P20. 2[a]a) or possession tried in the real property tried in the real property While it is true that the rule on venue is new however. VENUE OF REAL ACTIONS Section 1. shall be commenced and proper court which has jurisdiction over the area wherein the involved. Venue of real actions. (Ballentine’s Law Dict. suppose. the practice acquired another unsavory meaning. Kaya nga nasira – from a legitimate practice to an act of malpractice. the residence of each one could be the proper venue. EXAMPLE: An action for annulment of a contract of sale or rescission of contract of sale of real property. at the election of the plaintiff. just imagine if there are 4 plaintiffs and 4 defendants. I will file a complaint to annul or rescind a contract of a deed of sale over a parcel of land. Generally. mag-file ng case. 2. doon sko mag-file. I will cite the original case which traced the history of forum-shopping na kung saan ako convenient. NOTE: PRINCIPAL PLAINTIFF. Because there is such a thing as nominal defendant and nominal plaintiff – iyun bang formal lang. where a lawyer will file simultaneous cases. That is the original concept – which is legal and legitimate. iba-ibang cities. PRINCIPAL DEFENDANT. or where the defendant or any of the principal defendants resides. (2[b]a) Iyan ang tinatawag natin na TRANSITORY ACTION . But the sheriff is not the principal party but is only a NOMINAL PARTY. the venue is (1) the place where the plaintiff resides or (2) where the defendant resides. where a lawyer. The trouble is. Ayan! That is why there is a SC case which I will later discuss where Justice Panganiban cited the history of forum shopping. EXAMPLE of a nominal party: When a party wants to file a case to annul an execution sale of to annul a levy. In the civil action. . 1996) Forum shopping is legitimate and valid but the trouble is. puwede kang pumili sa dalawa. at the election of the plaintiff. the residence of the sheriff is not considered the sheriff being a nominal party only. I’m from Davao and you’re from Davao. So ang choice mo ng venue ay walo (8) becuae the law says. or in the case of a non-resident defendant where he may be found. Now. So. So. “where the plaintiff or any of the principal plaintiffs or where the defendant or any of the principal defendants reside…” So. there are instances when it is easy to distinguish whether the action is real or personal and there are also instances when it is difficult. So. an action for annulment or rescission is a personal action. All other actions may be commenced and tried where the plaintiff or any of the principal plaintiffs resides. (Dean is referring to the case of FIRST PHILIPPINE INTERNATIONAL BANK vs. normally it pleads the sheriff as party. However. But suppose . That is the original concept of forum shopping. That is the history of forum shopping. The venue will now depend on the residence of the parties.VENUE OF REAL ACTIONS Sec. January 24. CA (252 SCRA 259). Venue of personal actions. kung maraming defendants at iba-iba ang lugar at maraming plaintiffs. There 8 choices of venue. the concept of forum shopping degenerated into a malpractice . But I would like to annul the sale of a land which I made to you one year ago which land is situated in Digos and the purpose of my action is to recover the ownership of that land. sabay-sabay. there are four (4) plaintiffs and 4 defendants and the 4 plaintiffs reside in 4 different cities or municipalities. Not being an action involving title to or ownership of real property. which was subsequently sold. how is venue determined? A: Where several or alternative reliefs are prayed for in the complaint. where the purpose is to nullify the title to real property. ano ba ito? real or personal action? Because if it is real action. which is predicated upon a declaration of nullity of the title. which may be filed in the proper court where the party resides. notwithstanding the alternative relief sought. (LTC vs. Kaya nga he is still filing the case to compel him to sell. These are gray areas. a similar complaint for specific performance with damages involving real property. going back to Section 2. the plaintiff recognizes that the defendant is still the owner. But later Judee said. ISSUE: Is this real or personal action? HELD: It is a PERSONAL ACTION because you are not questioning my ownership. 3317) Now. If the action is personal. So the venue is governed by Section 2. that is a real action because the primary object of the suit is to recover the ownership of real property. Thus. the complaint should be filed in the place where the land is situated. the nature of the action a s real or personal is determined by the primary object of the suit or by the nature of the principal claim. Tuazon 25 SCRA 30 [1968]) So it is not really an action affecting title or ownership because you are still recognizing the title of the owner of the property. or sometimes very hard to distinguish whether the action is real or personal. venue.G. in this case. Macadaeg. Q: [Taken from Remedial Law Reviewer by Nuevas] Where several or alternative reliefs are sought in an action. Like what happened in the case of LA TONDEÑA DISTILLERS INC vs. Ang question diyan. PONFERRADA 264 SCRA 540 [1996] FACTS: Judee entered into a contract where she committed herself to sell her land to Maying. And Judee even placed a lis pendens on the property. it is unnecessary to decide whether the crops are real or personal property.Then. Here. (Navarro vs.” (Adamos vs. because the principal claim is recovery of possession of land so that he may gather the fruits thereof. “The complaint is one for specific performance with damages. like recovery or reinvidicatoria. Private respondents do not claim ownership of the lot but in fact recognized title of defendants by annotating a notice of lis pendens. it can be filed in Davao City where both of them are residents. “Gua bo ai!” (chinese for ‘ayoko na!’) Nag-back out ba! So Maying will file a case against Judee for specific performance to compel her to sign the deed of sale. was held to be a personal action. the venue of the action is in the province where the property lies. was not improperly laid before the RTC of Bacolod City. recovery of damages. di ba? It seems to be personal but in reality it is a real action. 57 O. But there are also actions na King tingnan mo parang real but in reality. It is different when I’m no longer recognizing it. . Thus. Lucero. and the reliefs prayed for are real and personal. for the purpose of gathering the crops thereon. it should be filed in the residence of the parties. 146) Where a lessee seeks to establish his right to the hacienda. they are personal actions. 100 Phil. In one case. Now. iyong legal domicile. CA (193 3CRA 54). CA (166 SCRA 50). tama man ang husband ba. Yan siguro ang nangyari because that was the only exception eh. And then the American husband filed the case in Manila because residente man daw siya in Manila – because he rented daw an apartment in Manila. there are so many case already: CO vs. FULE vs.RESIDENCE OF THE PARTIES We will now go the issue of residence. Alright. Pareho ang ruling niyan. Your residence is in San Francisco – that is your domicile. Where is the residence of the parties? Because residence in law could mean DOMICILE OR LEGAL RESIDENCE. it is the American husband who would be forced to go to the Mindanao to file. And we should favor our own kababayan. it could be ACTUAL OR PHYSICAL RESIDENCE. let’s go to some interesting cases on this issue: CLAVECILLA RADIO SYSTEM vs. it is the Filipina who will be inconvenienced. you may not be there but there is intention to go back there someday. Now. But what is the residence of a corporation? Under the corporation law. Clavecilla questioned the venue . CORRE 100 Phil 221 FACTS: An American who resides in San Francisco who came to the Philippines rented an apartment in Manila to sue his wife who is a Filipina. RAYMOND vs. Alright. The wife is from Mindanao. with the exception of only one case. maybe the SC there was just trying to help the Filipina. EXCEPT for one case decided way back in 1956 – the case of CORRE vs. the residence of a corporation is the place where its head or main office is situated – yung head office ba which is usually stated in the articles of incorporation. ESCUERTE vs. CA (70 SCRA 296). RURAL BANK OF THE PHIL (81 SCRA 75). So that is to compel the American to file the case in the residence of the wife rather than the wife going to Manila. ANTILLON 19 SCRA 39 [1967] FACTS: Clavecilla was sued in Cagayan de Oro City. CA (14 SCRA 189). HELD: You are not a resident of Manila. a corporation can sue and be sued.” All the rest. “residence means domicile. if you follow the rule. Alam mo. HERNANDEZ vs. If we will interpret the rule on venue as physical. So the case of CORRE is the only exception where the SC said. the word ‘residence’ and ‘venue’ has been uniformly interpreted by the SC to mean ACTUAL or PHYSICAL RESIDENCE not legal domicile. RESIDENCE OF A CORPORATION Under Rule 1. physical! In the case of CORRE. If we say legal residence is the venue. Can you sue him in the Philippine court. So pahiramin mo muna ako. Example is a balikbayan who is still on vacation. I can file because of the residence of my co-plaintiff or the residence of the defendant.000. can only have one residence. PROBLEM: Suppose a Filipino who is already residing abroad decided to come back this Christmas for a vacation. The trouble is. “wala pa akong Philippine peso. Q: Suppose a defendant is a non-resident and he is not even here. . a corporation cannot sue outside of its head office because its residence is there. The ruling in the case of ANTALLON was reiterated in the 1993 case of YOUNG AUTO SUPPLY CO. The plaintiff argued that it can be sued because it has a branch in Cagayan. So you decided to sue him while he is around to collect the case advance of the P15. When he landed at the Manila Domestic Airport and you are his friend and the first thing he requested you is. You can sue him where he may be found. “OR IN THE CASE OF A NON-RESIDENT DEFENDANTS WHERE HE MAY BE FOUND” Suppose the defendnt is not residing here in the Philippines but is just on vacation and you want to sue him. the defendant has no residence here because he is already residing abroad. So where he may be found is the alternative venue.” How much do you want? He borrowed from you P15.00. vs. I will pay you in one week’s time once I have my dollars exchanged to pesos. your neighbor borrowed money from you and the nest thing you heard is that he left the country. COURT OF APPEALS (223 SCRA 670) Because the law said “where the plaintiff or any of the principal plaintiffs. That is the case of YOUNG AUTO SUPPLY. still he has not paid you and obviously it seems he will not pay you. Like for example. generally where the plaintiff resides or where the defendant resides. The phrase “where he may be found” means where he may be found here in the Philippines for a non-resident defendant but temporarily staying in the Philippines. So. whether natural or juridical. What is now the point of reference? Did you notice the phrase “or in the case of a non-resident defendants where he may be found. Therefore.” Now what does that mean? It means to say that the defendant is not actually residing in the Philippines but he is temporarily around because he is found in the Philippines. even if my head office is in Manila. ISSUE: Is a corporation a resident of any city or province wherein it has an office or branch? HELD: NO. you cannot. where is the venue of the action? A: The law says. a defendant who is no loner residing here and is not found in the Philippines? A: NO. He has already migrated to the states. Any person. If he decides to stay in Cebu. a corporation cannot be allowed to file personal actions in a place other than its principal place of business unless such a place is also the residence of a co-plaintiff or defendant. Of course you know his address there. But outside of that. puro pa dollars. Charge it to experience.because its head office is in Manila.. But he is temporarily here in the Philippines. that is where the proper venue rather his permanent residence. One week later.000 that you gave him.” So if the corporation is suing with someone from Davao. ) The action affects the property or any portion thereof of said defendants is located here in the Philippines. res and issues. Q: What actions can be filed against a non-resident defendant who is not even found here in the Philippines? A: There are two (2): 1. person. But in Section 3. So it is not a useless judgment. the res of the property in dispute is here and if he loses the case the judgment can be enforced – transfer the property to you. he is not around. at least to improve his status.Q: Why can you not sue a person not residing here in the Philippines and is not found here in the first place? A: There is no way for Philippine courts to acquire jurisdiction over his person. (2[c]a) Q: What is the difference between the non-resident defendant in Section 2 and the non-resident defendant in Section 3? A: In Section 2. and the action affects the personal status of the plaintiff.) The action that affects the personal status of the plaintiff. The court can now acquire jurisdiction over the res. I want to file a case to recover ownership over the land here in the Philippines. I told you that the res or the thing in dispute is important because sometimes it takes the place of jurisdiction over the person of the defendant. The illegitimate father left the Philippines for good. Q: Can the child file a case for compulsory acknowledgment here in the Philippines against the father for compulsory acknowledgment? A: YES because the action involves the person status of the plaintiff. ACTION THAT AFFECTS THE PERSONAL STATUS OF THE PLAINTIFF EXAMPLE: A young child was abandoned by his illegitimate father. physically. yaan! Q: Can I sue the non-resident defendant? A: YES under Section 3. EXAMPLE: He is there but he is the owner of a piece of land here. But in our discussion on the element of jurisdiction: subject matter. the action may be commenced and tried in the court of the place where the plaintiff resides. The son wants to file a case against the father for compulsory recognition. That is what Section 3 is all about. . or 2. Otherwise. 3. then the nonresident defendant can also be sued in the Philippines. So. Sec. So even if the Philippine court cannot acquire jurisdiction over the person of the defendant but the subject of the controversy (res) is in the Philippines. the judgment can be enforced.If any of the defendants does not reside and is not found in the Philippines. the non-resident defendant may be found in the Philippines. he does not reside and is not found in the Philippines. . The res is the status of the plaintiff who happens to be in the Philippines. Even if the person is abroad. subject and since the res is here. or where the property or any portion thereof is situated or found. Venue of actions against nonresidents. It is not a useless judgement anymore. or any property of said defendant located in the Philippines. he will not be bound by the decision. So.this rule shall not apply a)In those cases where a specific rule or law provides otherwise. or b)Where the parties have validly agreed in writing before the filing of the action on the exclusive venue thereof. If one of the offended party is a public officer. province or city where the libelous article is printed and first published. 5a) A. when there is a special rule or law on venue which applies only to certain types of cases. Q: What is the res? A: The res is the land which is situated here in the Philippines. or VIII. (3a. The criminal action for libel shall be filed simultaneously or separately with the RTC of the: VII. Example is an action to collect an unpaid loan.) A civil action arising from LIBEL under Article 360 of the Revised Penal Code. where the property of the defendant located here in the Philippines Sec. When rule not applicable.) at least quasi-in rem. Libel could give rise to a civil action for damages.) action in rem. Q: What cases which provides for venue of the action which may be different from what Rule 4 says? A: The following: c. 4. because if the action iis for compulsory recognition.THE ACTION AFFECTS THE PROPERTY OR ANY PORTION THEREOF OF SAID DEFENDANTS IS LOCATED HERE IN THE PHILIPPINES Example: The defendant who is already abroad owns a piece of land located here in the Philippines and I want to recover the ownership of the piece of land. then that rule will apply rather than Rule 4. Therefore I can sue that defendant even if he is there because the court can acquire jurisdiction over the res. . or 2. at least that is an action quasi-in rem. where any of the offended parties actually resides at the time of the commission of the offense. whose office is in the City of Manila . then there is no way by which you can sue him. But if the action is purely in personam.) IN THOSE CASES WHERE A SPECIFIC RULE OR LAW PROVIDES OTHERWISE. It is considered under the RPC as one of the independent civil actions. Q: Where is now the proper venue of the action against the non-residents? A: The law says where the plaintiff resides – action which affects the personal status of defendants. a defendant who is no longer residing here and is no longer found here. If the suit in involves a property here in the Philippines. the action must be: 1. that is actually an action in rem. In order to validly sue in the Philippine court. ISSUE: Who is correct in this case? A the plaintiff or B the defendant? HELD: Plaintiff is correct notwithstanding the stipulation. BLANCO 30 SCRA 187 FACTS: Charles and Joshua are both residing here in Davao City. Alright… B. or (b) in the RTC of the province where he held office at the time of the commission of the offense. the action shall be filed in the City of Makati or Manila which is neither the residence of the parties. at my option. In case of a suit arising from this promissory note.000 one year from today.) Section 5 (4). Q: Now. the action shall be filed (a) in the RTC of Manila. the venue shall be in this particular place. the venue is correct because both of us are residing here in Davao City and under Rule 4. So these are the examples on the special rules. So. the parties agree to sue and be sued in the City of Manila. So Manila is the correct venue.at the time of the commission of the offense.) WHERE THE PARTIES HAVE VALIDLY AGREED IN WRITING BEFORE THE FILING OF THE ACTION ON THE EXCLUSIVE VENUE THEREOF. d. Alright… EXAMPLE: Contracts of banks and other financing companies.” When the note matured. vs. Charles filed a case to collect the unpaid loan here in Davao City. Charles challenged the venue. the parties agree to sue and be sued in the City of Manila. Defendant Joshua says. Take note that the stipulation must be in writing and it is there even before the filing of the action. the stipulated venue is considered merely as an ADDITIONAL venue in addition to where the parties reside. POLYTRADE CORP. “I promise to pay Charles the sum of P200. Joshua borrowed money from Charles. other that those found in the Rule of Court. we can agree on a place where the action will be filed provided it is in writing and it is stipulated even before the filing of the action. Unless the stipulation contains RESTRICTIVE words which shows the intention of the parties to limit the place stipulated as the exclusive venue. Sometimes it says there that in case of suits arising out of these contract. Why? When the parties stipulated on the venue of the civil action. no since there is a stipulation we both agreed upon that in cases of litigation. Both of us are residing here so I sued you here. Article VIII. it is possible that A and B will enter into contract providing for suits involving the violation of the contract. Joshua did not pay. According to Charles. and Joshua executed a promissory note in favor of Charles which says. . 1987 Constitution – The SC may order a change of venue or place of trial to avoid a miscarriage of justice as what happened in the case of Mayor Sanchez. the venue is where I reside or you reside. can we agree to file a case other that were the parties reside? A: YES because the law says. by laying in Pasay City the venue for all suits. ISSUE: Is this intention of the parties to make Pasay City an exclusive venue? HELD: Pasay City is the exclusive venue. “It is true that in Polytrade Corporation v. the parties agree to sue and be sued in the City of Manila. So in the second exception where there is an agreement in writing on the exclusive venue.In other words. there are stipulations which you can see clearly the intention of the parties to limit the venue only in that place. JRB REALTY CORP 234 SCRA 153 FACTS: This involves a lease contract which contain a stipulation on venue. there are cases in which you cannot find the word exclusive or the word only. the case here has three (3) venues of action. Rule 4 still applies and the stipulated venue is just an additional one. . the intention of the parties is to make Pasay City the exclusive venue. But sometimes. Here is the language of the lease contract: “venue for all suits. Of course. Blanco. But here. the venue of the action is where the plaintiff resides or where the defendant resides in accordance with Rule 4. However. Sections 1-3. the word exclusive is very important as taken in the ruling in POLYTRADE vs. There is no restrictive word. I will change the PROBLEM: Suppose the stipulation contains this statement. if there is a case. whether for breach hereof or damages or any cause between the LESSOR and the LESSEE. they agreed to file it in the court of Pasay City. Mamili ka sa tatlong venues because there is nothing in the agreement that the parties intended that Manila is the only exclusive venue.” The addition of the words “exclusively” or “only” shows the intention of the parties to limit venue of the action only in that place. “to sue and be sued in the City of Manila only. Examples of clear stipulations which calls for the application of the POLYTRADE ruling: in the City of Manila only or the suit shall be filed in the City of Manila and in no other place. the parties made it plain that in no other place may they bring suit against each other for breach contract or damages or any other cause between them and persons claiming under each of them.” yaan! Or. and yet the SC said it seems the intention of the parties to limit the venue as exclusive as what happened in the 1994 case of GESMUNDO vs. So if the venue is not exclusive. even if so. and persons claiming under each. in this case. “in case of suit arising out of this promissory note or contract.” In other words. the parties agree to sue and be sued exclusively in the City of Manila. and the third venue is according to the stipulation of the parties. Joshua can move to dismiss the case because the venue is exclusive. So. So. a stipulation that ‘The parties agree to sue and be sued in the City of Manila’ was held to merely provide an additional forum in the absence of any qualifying or restrictive words. there are stipulations in which it is difficult to decipher the real intention of the parties whether exclusive or not. BLANCO. being the courts of appropriate jurisdiction in Pasay City…” In other words. Therefore you cannot apply Rule 4. According to him. again for the sake of equity. it is stipulated that “…in case of a civil action arising from the contract of carriage. now RTC. if the case will go on in Cagayan de Oro. But. the venue of the action shall be the City of Cebu ONLY and in no other place. it will not inconvenienced Sweet Lines because they have their branch office. These people never even bothered to read this. the stipulated place must be exclusive. Whereas. vs. Among the cases which seems to conflict with the ruling in POLYTRADE are the following: BAUTISTA vs. It is very expensive to go back and forth to Cebu. former Mayor and became judge of CFI of Cagayan de Oro City. There was a group of passenger who rode on the Sweet Lines bound for Cebu City. If I will dismiss the case based on this stipulation. First of all. They file dht ecase in the former CFI. The respondent Teves is the former City Fiscal of Davao City. So either you take it or you leave it. SWEET LINES vs. Therefore. the means. During the trip. Judge Teves denied the motion to dismiss the case despite the stipulation. ISSUE: Whether or not Cagayan de Oro is the proper venue. of Cagayan de Oro City because the plaintiffs are residents of Cagayan de Oro City. the aggrieved parties will be discouraged in going to Cebu. HELD: YES. So the contract is a contract of adhesion. They will be discouraged. Obviously the lawyers of Sweet Lines knew about Polytrade because they moved to dismiss the case citing this case. Nakalagay na iyan diyan eh. When they came back in Cagayan de Oro City. Second. Sweet Lines has the resources. TENSUAN (228 SCRA 385) where the SC ruled that the ruling in BAUTISTA vs. So it is in conflict with the POLYTRADE ruling because in POLYTRADE. Sweet Lines filed a motion to dismiss questioning the venue of the action because in the ticket issued by Sweet Lines. It is very expensive and they will be inconvenienced.” So there is a restrictive word. So the ruling in POLYTRADE is the correct ruling. TORRES has been rendered obsolete by the POLYTRADE ruling and subsequent cases reiterated it. they filed a suit for damages against Sweet Lines. DE BORJA (18 SCRA 476) HOECHST vs. DE BORJA and HOECHST PHILS. .There are some cases in the SCRA where there is no restrictive word but the SC interpreted it as restrictive. the lawyers here in Cagayan to litigate. a shipping company with the head office in Cebu. Therefore. BANKING vs. they were given a crude treatment by the officers of the vessel. it is unfair. TEVES 83 SCRA 361 FACTS: This is a Cagayan de Oro case which involves Sweet Lines. their manage and their own lawyer. Forget what the SC said in the abovementioned two cases. to be fair that these poor people will be compelled to go to Cebu to file a case there. the stipulation is placed in the ticket. the passengers did not have a hand in preparing that stipulation. it would be inequitable to compel them or to apply the stipulation there. TORRES (83 SCRA 297) This conflict was resolved in the case of PHIL. Judge Teves was correct in not dismissing the case. The ruling in Sweet Lines vs. venue was improperly laid. not the place. Pagbalik niya sa Cagayan. I will see you in your office on this particular date. In criminal cases. Therefore. do not say that the court has no jurisdiction. You know all these things. HELD.The ruling in SWEET LINES is an exception to POLYTRADE despite the exclusive stipulation. you should know what you are signing. Nasa likod. there is no distinction between jurisdiction and venue. you agree to be bound. Teves does not apply. The SC said that the refusal of the court to apply it is correct. But in the RCPI telegraph form. SC refused to apply the POLYTRADE ruling. you cannot read it. if you violate Rule 4. But if you file the unlawful detainer case in the RTC. The MTC has jurisdiction over all unlawful detainer cases. Cagayan Valley. “So you are here to ask for a favor for your own. do not make the mistake. Teresita.” So the venue is restrictive. bakit ka pumirma?! You are a lawyer. Why? You are a lawyer eh. The trial court moved to dismiss the case because of this restrictive stipulation. He sent a telegram through the RCPI branch in Cagayan addressed to Manila. if I will file an ejectment case against you in Davao City before the MTC but I am ejecting you from your apartment in Tagum. Now. Tarantado ka. There is no grave abuse of discretion on the part of Judge Teves. Yaan! So. In other words. You only say. In the case of Teves. it is there you can read it. That was taken against him ha! As a matter of fact. The place of the filing of the case is where the crime is committed or where the essential elements were committed. So pinadala niya iyong telegrama. pati telegrama ako pa ang pabayarin mo?! Collect pa!” Arquero was stunned eh because he paid the telegram. It is in the front. But in civil cases. very small. Meron siyang pabor na hihingi-in sa Congressman: I will go there to Manila. If I move to dismiss on the ground that the MTC has no jurisdiction. FLOJO 168 SCRA 540 FACTS: Arquero here is lawyer and the municipal mayor of the municipality of Sta. As a lawyer. With that. You are bound by the stipulation. Arquero went to the SC citing the case of SWEET LINES where despite the fact of a restrictive stipulation. f-in-ile-an niya ng damages ang RCPI. nagalit pa yung congressman sa kanya. How come naging collect? In effect. When he went to the office of the congressman after the few days. he was embarrased. Why did you sign? So nayari siya. Cotabato has no territorial jurisdiction over the case. Ikaw na ang nangangailangan. The correct ground is: venue is improperly laid. Ang walang jurisdiction is the RTC. when the cases is committed in Davao City. . you are crazy. you cannot file a case in Cotabato City. he last point to remember about venue is the difference between venue and jurisdiction. you question the jurisdiction of the court. stipulation according to the POLYTRADE case eh. ARQUERO vs. pumirma ka pa sa ilalim. Arquero filed an action for damages in the RTC of Aparri Cagayan and RCPI moved to dismiss for improper venue. there is a stipulation that “venue of any action shall be the court of Quezon City alone and in no other courts. ) JURISDICTION limits the court’s authority. venue is territorial jurisdiction. BP 129.  . whereas VENUE is waivable and can be subject of agreement. whereas VENUE limits plaintiff’s rights. A: The following are the distinctions: 3. 4.) JURISDICTION refers to the relation of the parties to the court. jurisdiction and venue are two different things.So then. But in civil cases. what is the main distinction? Q: Distinguish JURISDICTION from VENUE.) JURISDICTION over the subject matter cannot he waived. They do not coincide. 6. whereas VENUE refers only to the place where the action is brought or tried. whereas VENUE is governed by procedural law – Rule 4 of the Rules of Court.) JURISDICTION is governed by substantive law – Judiciary Law. and 7. 5.) JURISDICTION refers to the authority the court to hear the case. BAR QUESTION: State in what instance the jurisdiction and venue coincide. A: In CRIMINAL CASES because in criminal cases. whereas VENUE refers to the relation between the parties. or (b) in civil cases governed by the Rule on Summary Procedure. 2 Meaning of Terms. It does not apply to appeals from RTC to Court of Appeals. Uniform Procedure – The procedure in Municipal Trial Courts shall be the same as in the Regional Trial Courts. MTCC. Municipal Trial Courts are in cities and municipalities. – The term “Municipal Trial Courts” as used in these Rules shall include Metropolitan Trial Courts. Sec. the procedure in the Regional Trial Court and the procedure in the Municipal Trial Court is the same. by express provisions in Section 1. There are provisions where it is very clear and intended only to apply to RTC or MTC. we already illustrated the hierarchy of courts. They do not apply to RTC. The second example would be in civil cases governed by Rules on Summary Procedure. (n) The Rules on Procedure starting with Rule 6. Rules on Summary Procedure applied only to MTC. Metropolitan Trial Courts are only in Manila. When the Rule says ‘Municipal Trial Court’. except (a) where a particular provision expressly or impliedly applies only to either of said courts. So that we will not be repetitious. MCTC.  . It is only applicable to MTC.Rule 5 UNIFORM PROCEDURE IN TRIAL COURTS SECTION 1. Municipal Trial Court. and Municipal Circuit Trial Courts. That would be the last law that we will take up. However. The Rules on Civil Procedure which applies to RTC are also applicable to the MTC except when a particular provision expressly applies only to either of said courts. the title of the subject matter is procedure in Regional Trial Courts. A good example of this is paragraph (a) is Rule 40 which governs appeals from MTC to RTC. (1a) In our structure. it already includes Metropolitan Trial Courts. Municipal Trial Courts in Cities. PROCEDURE IN THE REGIONAL TRIAL COURTS Rule 6 KINDS OF PLEADINGS SECTION 1. Pleadings Defined. Pleadings are the written statements of the respective claims and defenses of the parties submitted to the court for appropriate judgment. (1a) Actually, we already touched the word “PLEADING” before. In the Constitution when we were asking what is the basis of the authority of the Supreme Court to enact the Rules of Court or Procedural Law. The Constitution says, the Supreme Court shall have the authority to promulgate Rules on pleadings, practice and procedure. Then we discussed jurisdiction over the issues. Jurisdiction over the issues is determined by the allegations in the pleadings. Q: Define pleadings? A: PLEADINGS are the written statements of the respective claims and defenses of the parties submitted to the court for appropriate judgment. (Section 1) This is the document where a party will state his claim against the defendant; or where the defendant will state also his defense. Pleadings merely tell a story. You tell your story there, the other party will tell his story. And how do you assert your claim in court? Not by calling up a judge over the telephone or writing a letter to the judge, “Dear judge….” but through the appropriate pleadings. How do they look like? The rules are laid down. It becomes clearer in the 3rd year subject known as Legal Forms. In that subject you will study particular forms. They have patterns. In pleadings, you do it in legal manner. You do not say, “Once upon a time…” The counterpart of pleadings in criminal procedure is information, or the criminal complaint where a prosecutor will tell what crime you are being accused – what you did, time, the victim, etc. Sec. 2 – Pleadings allowed – The claims of a party are asserted in a complaint, counterclaim, cross-claim, third (fourth, etc.) – party complaint, or complaint-in-intervention. The defenses of a party are alleged in the answer to the pleading asserting a claim against him. An answer may be responded to by a reply. (n) Section 2 tells us what are the pleadings allowed by the Rules of Court. In a civil case, there are actually two (2) contending parties: (1) the person suing or filing claim; and (2) the person being sued. Q: If you are the claimant or the plaintiff, in what pleading do you assert your claim? A: Complaint, counterclaim, cross-claim, third-party complaint or fourth-party complaint, etc. These are the different pleadings allowed by the Rules. Of course, maybe, the only thing that you are familiar with is the complaint. As we go over the Rules, you will understand what do you mean by those pleadings. On the other hand, if you are the party sued, you also have to file your pleading or your defense. It is known as the ANSWER. The defenses of a party are alleged in the answer to the pleading asserting a claim against him. If I file a complaint against you, in response, you will file an answer. In last paragraph, an answer may be responded by a REPLY. I file a complaint. You file an answer invoking your defenses. If I want to respond to your defenses, I will file a REPLY. COMPLAINT ANSWER REPLY That is the pattern. Q: Summarizing all of them, what are the know pleadings recognized by the law on Civil Procedure? A: There are seven (7) types of pleadings: 20.) Complaint; 21.) Answer; 22.) Counterclaim; 23.) Cross-claim; 24.) Reply 25.) Third (Fourth, Fifth, etc.) – Party Complaint; 26.) Complaint-in-Intervention. Let us go over each one of them. How do they function? A.) COMPLAINT Sec. 3. Complaint – The complaint is the pleading alleging the plaintiff’s cause or causes of action. The names and residences of the plaintiff and defendant must be stated in the complaint. Q: Define complaint. A: COMPLAINT is the pleading where the plaintiff will allege his cause or causes of action. A complaint is also called the INITIATORY PLEADING. Because it is actually the first pleading filed in court. It is the pleading that starts the ball rolling. It is the pleading that initiates the civil action. Of course, the names and residences of the defendants must be stated in the complaint. Do you know the pattern for a complaint? For EXAMPLE: Mr. Pito wants to sue Mr. Peloton to collect an unpaid loan. Mr. Peloton borrowed money from Mr. Pito and refused to pay. Normally, it starts with an introduction: “Plaintiff, through counsel, respectfully alleges that…” Then it is followed by paragraphs which are numbered. For instance: Illustration: 3.) Plaintiff Mr. Pito, of legal age, is a resident of Matina, Davao City; whereas defendant Mr. Peloton also of legal age, a resident of Bajada, Davao City; 4.) On Nov. 7, 1996, defendant secured a loan from plaintiff the sum of P30,000.00 payable within one (1) year form said date with legal interest; 5.) The account is already due. Despite repeated demands, defendant failed to and refused to pay; PRAYER WHEREFORE, it is respectfully prayed that judgment be rendered against the defendant ordering him to pay the loan of P30,000.00 and interest in favor of the plaintiff. It is simple. The complaint is composed of 3 paragraphs only – humiram siya ng pera, ayaw magbayad. That’s all. That is the pattern of a complaint. Your allegations must contain the four (4) elements of a Cause of Action – the Right, the Obligation, the Delict or Wrong or Violation of Your Right, and the Damage. Hindi kailangang mahaba ang complaint. It becomes clearer in the subject of Legal Forms. That is the last subject in the Bar Exam, Legal Ethics & Practical Exercises. The examinee will be asked, for instance, to prepare a Contract of Mortgage, or prepare a Complaint for Unlawful Detainer. There are hundreds of forms and you must be prepared to write down a sample. B.) ANSWER Sec. 4 – Answer – An answer is a pleading in which a defending party sets forth his defenses. (4a) I am the plaintiff. I file the complaint. You received the complaint. You are now required to respond. Q: What is the pleading where you respond? A: It is called the ANSWER. That is where you will state your defenses. That is why an ANSWER is called a Responsive Pleading. Q: Why is it called “Responsive Pleading”? A: Because it is the pleading which is filed in response to the complaint. It is where you respond to the cause of action. That is where you state your defenses. It is something which is not found in Criminal Procedure. A: NO, there is no such thing as Answer in Criminal Procedure. Q: If you are charged with a crime, how do you answer? A: By pleading guilty or not guilty. That is the answer. When you plead guilty, tapos na! If you say not guilty, trial will proceed. No writing of defenses. No written answer in criminal cases. It (pleadings) only applies to civil cases where you allege your defenses. Q: What are the defenses under the Rules? A: That is Section 5. Sec. 5 – Defenses – Defenses may either be negative or affirmative. A NEGATIVE DEFENSE – is the specific denial of the material fact or facts alleged in the pleading of the claimant essential to his cause or causes of action. An AFFIRMATIVE DEFENSE – is an allegation of a new matter which, while hypothetically admitting the material allegations in the pleading of the claimant, would nevertheless prevent or bar recovery by him. Defenses may either be negative or affirmative. b.) Answer; NEGATIVE DEFENSES; Q: Define an NEGATIVE defense. A: Paragraph [a]: Briefly, it is a defense of specific denial where you deny the statement in the complaint and you state the facts and the reason/s on which your denial is based. In a negative defense, the defendant specifically denies a material fact or facts alleged in the pleading of the claimant essential to his cause of action. EXAMPLE: The complaint says in paragraph 2, “On November 6, 1996, defendant secured a loan from plaintiff in the amount of P30,000.00 payable one (1) year from November 6, 1996. The defendant will say in his answer: “Defendant specifically denies the allegation in Paragraph 2 of the complaint. The truth of the matter being he never secured any loan from plaintiff because he does not even know the plaintiff and he did not see his face before.” That is a negative defense. You said I borrowed money from you. “No, I don’t even know you. I have not seen you before.” He denies the existence of the loan. That is known as the negative defense. It is a denial of a material fact which constitutes the plaintiff’s cause of action. That’s why it is briefly called a “Defense of Specific Denial”. b.) Answer; AFFIRMATIVE DEFENSES Q: Define an AFFIRMATIVE defense. A: In paragraph (b), it is briefly called a defense of confession and avoidance because, while the defendant may admit the material allegation in the complaint, however, he will plead a new matter which will prevent a recovery by the plaintiff. I admit what you are saying in the complaint but still you are not entitled to recover from me. EXAMPLE: The defendant may admit what you are saying in your complaint. I borrowed money from you – admitted! The account is due – admitted! I have not paid you – admitted. “However, you cannot collect from me because the account has already prescribed.” Meaning, I will admit what you are saying but just the same, I am not liable. Kaya nga, you confess, eh. I confess to what you say but I still avoid liability. Examples of affirmative defenses are: fraud, statute of limitations, release, payment, illegality, statute of frauds, estoppel, former recovery, discharge in bankruptcy, and any other matter by way of confession and avoidance. Suppose, you sue me for damages arising from breach of contract. I admit I entered into a contract but I have no obligation to comply because the contract is null and void. Or, the contract is illegal. Or, the stipulation is contrary to public policy, therefore, I am not bound. I admit what you say but I am not liable because of the illegality of the subject matter of the contract. Or, you sue me because according to you, I entered into a contract and I refused to comply. So, you file a case against me for specific performance or for damages. Then I say: “It’s true that I entered into a contract with you. It’s true I did not comply. But there is nothing you can do because the contract is oral and the contract is covered by the statute of frauds. In order to be enforceable, we should have reduced it into writing. Since we never reduced it into writing, I am not bound to comply.” c.) COUNTERCLAIMS Sec. 6. Counterclaim. - A counterclaim is any claim which a defending party may have against an opposing party. (6a) EXAMPLE: You file a case against me for damages to your car. According to you in your complaint, while you were driving your car along the highway carefully. I came along driving recklessly and bumped your car causing damages amounting to P50,000.00 for repair. Your allegation is based on negligence on my part. My answer is denial: “That is not true! I deny that! I was the one driving carefully and you were driving carelessly and negligently. Therefore, if you are the proximate cause of the accident, I’m not liable for the damage of your car.” That’s my answer – I’m not liable because you are negligent. Because you were the one negligent, my car was also damaged. I am not liable for the damage on your car. As a matter of fact, you are the one that should be held liable to pay for the damage of my car. I am now claiming for the damage of P50,000.00. That is called COUNTERCLAIM. According to a lawyer who is fluent in Cebuano, he called it balos. He was explaining to his client that they have counterclaim. That’s a legal term, eh. Therefore, there is one civil case but there are two (2) causes involved – the main cause of action in the complaint and that in the counterclaim. There are two (2) issues to be resolved by the court. Q: If your complaint against me is to recover a sum of money, should my counterclaim also involve recovery of sum of money? A: NO. There is no such rule that these two (2) cases should be similar in nature. (De Borja vs. De Borja, 101 Phil. 911) It is possible for you to file case for recovery of a piece of land and my counterclaim is recovery of damages arising from a vehicular accident. Q: Suppose your claim against me is One (1) Million, is it possible that my counterclaim against you is Two (2) Million? A: YES. There is no rule which limits my counterclaim to the same amount you are claiming. A counterclaim need not diminish or defeat the recovery sought by the opposing party, but may claim relief exceeding in amount or different I kind from that sought by the opposing party. (De Borja vs. De Borja, 101 Phil. 911) Q: You file a case against me for recovery of unpaid loan. My counterclaim is, rescission of partnership contract. Is the counterclaim proper? A: Yes although there is no connection between what you are asking and what my answer is. But what is important is tayong dalawa ang naglalaban. If you will not allow me to file my counterclaim against you, that will be another case in the future. Since nandito na rin tayo, so lahat ng ating reklamo, we might as well have to finish it. That is allowed. you cannot file a counterclaim against X in the latter’s personal capacity when X is suing W in a representative capacity. Under the Rules. 1) COMPULSORY COUNTERCLAIM and. 7 – Compulsory counterclaim – A compulsory counterclaim is one which. 4. 2. X is not suing in his own personal capacity. we will see that a counterclaim is compulsory if the following requisites are present: 1. DEBORJA 101 Phil 911 FACTS: A died. PERMISSIVE & COMPULSORY COUNTERCLAIMS Sec. and . That’s a principle to remember. the counterclaim may be considered compulsory. being cognizable by the regular courts of justice. arises out of or is connected with the transaction or occurrence constituting the subject matter of the opposing party’s claim and does not require for its adjudication the presence of third parties of who the court cannot acquire jurisdiction. what survives after that is the estate. except that in the original action before the Regional Trial Court.) It is cognizable by the regular courts of justice. Section 3. He is acting as administrator of the estate of A. When X sued W. X is just the legal representative. Such a counterclaim must be within the jurisdiction of the court both as to the amount and the nature thereof. X is called the REPRESENTATIVE PARTY under Rule 3. Q: How do you distinguish one from the other? When is a counterclaim compulsory and when is it permissive? A: The ELEMENTS of a COMPULSORY COUNTERCLAIM are found in Section 7. both as to the amount and the nature thereof. in the future it will also lead to another case where you will also sue me. The real plaintiff is the estate of A. 2) PERMISSIVE COUNTERCLAIM. DEBORJA vs. Therefore. If we will outline Section 7.) It must be within the jurisdiction of the court. X was appointed as administrator or legal representative. W owes a sum of money to the estate of A and X filed a case against W to collect the unpaid loan.Q: Why is it that law allows the defendant to counter sue by way of counterclaim the plaintiff? A: The purpose there is apparently TO AVOID MULTIPLICITY OF SUITS. If you have a cause of action against me.) It does not require for its adjudication the presence of third parties of who the court cannot acquire jurisdiction. except that in an original action before the RTC. HELD: The counterclaim is improper.) It arises out of or it is connected with a transaction or occurrence constituting a subject matter of the opposing party’s claim. the counterclaim may be considered compulsory regardless of the amount. 3. I will sue you. The SC said that the plaintiff should be sued in a counterclaim in the SAME CAPACITY that he is suing the defendant. there are two types of counterclaim. W filed an answer and that W has a claim against X. of course. W filed a counterclaim against X in the case. Regina denied that she was negligent. (8a. Section 8: Rule 11. the counterclaim must be permissive in nature.) The defending party has a counterclaim at the time he files his answer. 8. You bumped my car. PROBLEM: Emily filed a case against Regina for damages arising from a vehicle collision. The fifth requisite is not found in Section 7 but in Rule 11. . That is the fifth requisite. We will discuss the elements of a compulsory counterclaim one by one. Emily is holding Regina liable for the damage on her car. First Element: A COUNTERCLAIM TO BE COMPULSORY MUST BE COGNIZABLE BY THE REGULAR COURTS. In other words.5. Sec.” Parang ganyan ba. Her car bumped the car of Emily and was damaged. you say I bumped your car.A compulsory counterclaim or a cross-claim that a defending party has at the time he files his answer shall be contained therein. It must be logically related to the subject matter of the main action. the counterclaim is permissive in nature. the counterclaim has already matured at the time he files his answer. then it cannot be classified as a compulsory claim because how can I invoke against you a claim which is cognizable by the NLRC before the RTC? Second Element: IT ARISES OUT OF OR IT IS CONNECTED WITH A TRANSACTION OR OCCURRENCE CONSTITUTING A SUBJECT MATTER OF THE OPPOSING PARTY’S CLAIM The second requisite is the most important. if the counterclaim did not arise out of or is not connected with the transaction or occurrence constituting the subject matter of the opposing party’s concern. So the rule is. According to Emily. . So we are talking of the same event or transaction. “No. you (Emily) were the one negligent. my car was also damaged. According to Regina. It must arise out of or is connected with a transaction or occurrence constituting a subject matter of the opposing party’s claim. Q: Is the counterclaim of Regina arising out of or is connected with the transaction or occurrence constituting the subject matter of the opposing party? A: YES because we are talking of the same bumping. A counterclaim. I am not negligent. Q: What happens if one of these requisites is missing? A: If one of the five requisites is missing. if you file a complaint against me and I have a counterclaim against you in the Labor Code. must arise out of or connected with the transaction or occurrence constituting a subject matter of the opposing party concerned. to be compulsory. So you should be the one to pay damages. Existing counterclaim or cross-claim. R6) Another way of saying it is. the case of the accident is the negligence of the defendant in driving her car. As a matter of fact. and because of that negligence. So. the second element is considered the most important element of compulsory counterclaim because according to the SC in the 1992 case of MELITON vs. she is the owner of the land which I’m occupying. I denied negligence but I did not claim from her the . PROBLEM: Vanessa files a case against me for damages arising from vehicular collision. under Rule 9. it is not barred. where conducting separate trials of the respective claims of the parties would entail a substantial duplication of effort and time. the one compelling test of compulsoriness is the logical relationship between the claim alleged in the complaint and that in the counterclaim. Her car is damaged. COURT OF APPEALS 216 SCRA 485 HELD: “It has been postulated that while a number of criteria have been advanced for the determination of whether the counterclaim is compulsory or permissive. the second requisite is the most important element – a counterclaim must arise out of or is connected with the subject matter or a transaction or the event or the main action. compulsory counterclaim must be invoked in the same action otherwise it will be barred. Sec. . that is.” Under the law on Property. You are also liable to reimburse me for the necessary improvements expenses I introduced on the land. Thus. as where they involve many of the same factual and/or legal issues. the counterclaim is barred forever. or in a separate action. 2. not set up shall be barred. I cannot claim it against you in any other case in the future. or cross-claim. Guadalope.” Q: What is the importance of determining whether the claim is compulsory or permissive? A: A compulsory counterclaim must be invoked in the same action.PROBLEM: Thea G. Q: Is my counterclaim arising out of a subject matter of your action? A: NO. (4a) So if I do not file a counterclaim against you in the same action. I file my answer. my car is damaged.A compulsory counter-claim or a cross-claim. It can still be invoked in another case against you. Compulsory counterclaim. According to her. I spent a lot of money for necessary expenses to preserve the land. Thus. My counterclaim against her is damages arising from a vehicular collision. Now. In my answer. that is a permissive counterclaim. We are talking of the same subject matter. PROBLEM: Thea G. not set up barred. and then I said. Q: Is my counterclaim arising out of or connected with the subject matter of your claim or not? A: YES. That is found in Rule 9. those are the examples. a defendant or possessor is entitled to reimbursement for necessary improvements and expenses. I am now asking her to reimburse me for all necessary expenses that I spent on the land. Let us try to apply that principle to the case cited. files a case against me for recovery of a piece of land. But if the counterclaim is permissive and I will not raise it as a counterclaim. So she is trying to recover the piece of land. By the way. Unlike in permissive where you have the choice of invoking it in the same case. It can be a subject matter of a separate action. So. It is completely different. Iit cannot be the subject matter of a separate action. Section 2: Rule 9. “Ms. That is why. (as in ‘Gamay’) files a case against me for recovery of a piece of land. the counterclaim is compulsory. if my counterclaim against you will involve the presence of an indispensable party who is. I will recover a land from a squatter. Compulsory yan eh. Pauline files case against me for recovery of land. I want to recover a piece of land. even if you are a possessor in bad faith. Therefore. court found the plaintiff at fault. The trouble is. So. even if he is a possessor in bad faith. So since you did not raise. Fourth Element: THAT THE COUNTERCLAIM MUST BE WITHIN THE JURISDICTION OF THE COURT BOTH AS TO THE AMOUNT AND NATURE THEREOF. This time I will file a case against her to recover damages for the damage to my car since I was able to prove that she was negligent and not me. that is allowed.damage to my vehicle. because I should have raised that as a counterclaim. Meaning. it will involve another party who is indispensable. She moved to dismiss – barred. That is the effect of failure to raise the compulsory counterclaim in the case filed against you. you will spend them just the same as the . Review: In the Law on Property. and since it involves an indispensable party. he is not around. I will not raise it as a counterclaim. Q: I will file a case against you for forcible entry. Q: Is the counterclaim allowed? A: Yes. Where is the jurisdiction of that case? A: MTC. allowed. Ngayon. I cannot file another case involving that cause of action. That is the importance between a compulsory counterclaim and a permissive counterclaim. My cause of action against her is damages arising against a vehicular collision. I will file a case against her. the expenses redounded to the benefit of the land owner. My decision is not to file a counterclaim but to file another case against her. So. The theory there is. the counterclaim is permissive. is barred forever. After trial. After the trial. I may or may not raise it as a counterclaim because it is permissive. suppose the counterclaim is PERMISSIVE. Third Requisite: IT DOES NOT REQUIRE FOR ITS ADJUDICATION PRESENCE OF THIRD PARTIES OF WHOM THE COURT CANNOT ACQUIRE JURISDICTION. I am permitted to raise it as a counterclaim but I am not obliged. talo ako. PROBLEM: Now. So panalo ako. the counterclaim is not barred because the third element is missing. Balikan ko siya ngayon. and therefore. let’s say. So isinauli ko na. kailangan bayaran niya naman ako for the necessary expenses. Is that allowed? A: Yes. Obviously. abroad. Q: What will happen to my case now? A: My case will be dismissed because I did not raise that cause of action as a counterclaim. I may decided to file another action against you. he is entitled to reimbursement for necessary expenses. The court said that I should return the land to her. the complaint of Vanessa was dismissed. Squatting. the court cannot acquire jurisdiction over him. Meaning. PROBLEM: Aileen files a case against me for recovery of a piece of land. Q: Pauline will file a case against me for damages arising from vehicular collision. Q: Will it be barred? A: NO. Anyway. If I will file my counterclaim. This time. Q: Does it arise out of or connected with the transaction which is the subject matter of the main action? Why not compulsory? A: Because the MTC has no jurisdiction over the P300. But if it is the main action which is within the jurisdiction of the RTC. It is not covered by the exception. the defendant would like to claim for reimbursement for the necessary expenses that he spent in my lot. The case I filed against you is forcible entry in the MTC. The principle is: Since the counterclaim is compulsory. noh? PROBLEM: Now. The RTC can award a claim for damages even though the claim is below its jurisdiction. It is beyond its jurisdiction. Jurisdiction of the RTC over the main action necessarily carries with it jurisdiction over the compulsory counterclaim which is merely ancillary. that is the missing element.000. Q: How can the RTC try a counterclaim when the claim is only P50.” This means that the main action is accion publiciana—RTC. the counterclaim is above the jurisdiction of the MTC. The counterclaim is reimbursement for necessary expenses with arose out of the same land.land owner will have to spend for them. This time. That exception is not written in the prior rules but it is a recognized exception laid down by the SC . Q: Should you raise it as a compulsory counterclaim in the forcible entry case? A: NO. The compulsory counterclaim is merely incidental to the main action. So the RTC can claim jurisdiction.000.00.000? A: It is in accordance with the exception under Section 7: “except that in an original action before the RTC. Your necessary expenses amount to P300. jurisdiction over the main action automatically carries with it jurisdiction over the compulsory counterclaim. the defendant is claiming for the reimbursement of the improvements thereon (necessary expenses) amounting to P50. Now. it can try a counterclaim which is below its jurisdiction provided it arose out or is connected with the transaction. the amount for the counterclaim is below the jurisdiction of the RTC. He cannot use that as a counterclaim for the forcible entry case because the MTC has no jurisdiction on a counterclaim where the amount is over P200. But the first example is baliktad. the RTC cannot try that but the answer to this question is YES. Q: How will the defendant claim reimbursement? A: He has to file with the RTC a case for reimbursement. In the first example. That’s our premise. If the main action is with the MTC.000. the counterclaim may be considered compulsory regardless of the amount. it cannot try the counterclaim with the RTC. So it will not be fair if he is not reimbursed. Normally. So the case should be filed in the RTC. Q: Should the defendant raise that as a counterclaim in the accion publiciana case? A: YES.000 amount for the necessary expenses. I will reverse the problem: PROBLEM: The plaintiff filed against the defendant an action for accion publiciana – recovery for a piece of land where the value of the property is P1 million. Gutierrez in turn filed a civil action for damages against the Javier spouses in the RTC of Catarman. He is explaining in the Samar court what he should be doing in the Makati court. it is barred forever (Rule 9 Section 2). The complainants did not reserve the civil action. If the counterclaim is permissive. COURT OF APPEALS 176 SCRA 440 HELD: “The jurisdiction of the MTC in a civil action for sum of money is limited to a demand that does not exceed P100. under BP 22 or the Bouncing Check Law. for issuing a bad check. COUNTERCLAIMS IN CRIMINAL CASES JAVIER vs. I’m holding you liable for damages”. the counterclaim becomes permissive. According to him. HELD: The civil case in Samar should be dismissed. What is the importance of distinguishing whether the counterclaim is compulsory or permissive? A: If the counterclaim is compulsory. those are the five essential elements. “because you tricked me into signing the check for which you are suing me. Northern Samar. The implication is that the claim for civil liability is deemed instituted with the criminal case.000) exclusive of interest and costs. where he accused spouses of having tricked him into signing the check. Northern Samar. the counterclaim would still not be compulsory because how can one invoke something now which he can acquire in the future? So. It is permitted but not obliged. A counterclaim beyond its jurisdiction and limit may be pleaded only by way of defense to weaken the plaintiff’s claim. should explain why he . In the case of MACEDA vs. the defendant is obliged under the law to raise it as a counterclaim in the action where he is being sued.which is now written down in the law. If he fails to invoke it. You remove one. but not to obtain affirmative relief. raising it as his cause of action. the defendant has a choice of raising it as a counterclaim in the case filed against him or he may decide to file another action against the plaintiff. as accused in the criminal charge of violation of BP 22. IAC 171 SCRA 605 FACTS: The Javier spouses filed a criminal case against Leon Gutierrez Jr. The criminal case was filed before the RTC of Makati.” Fifth Requisite: THE DEFENDING PARTY HAS A COUNTERCLAIM AT THE TIME HE FILES HIS ANSWER. What happened now is that he was being criminally sued in Makati but defending himself in Catarman.000 (now P200. How can I make a claim against you which is not yet existing? Even if all the other requisites are present. It must be in the Makati court that Gutierrez. Q: Again. CANTOS 271 SCRA 392. counterclaims are only recognized in civil cases.” This means SC admitted that the Javier doctrine put more problems and confusions in the absence of specific rules. For this reason. But since the civil action is deemed instituted in the criminal case. The real problem lies in the absence of clear-cut rules governing the prosecution of impliedly instituted civil actions and the necessary consequences and implications thereof. we do not imply any fault in Javier. had another chance to comment on Javier in the case of— CABAERO vs. He should explain that story in Makati and not in Samar. in 1997. A justice of the SC remarked. The trouble in this ruling is that. it will unnecessarily complicate and confuse the criminal proceedings. Kaya it was never repeated. the counterclaim was compulsory and should have been filed by Gutierrez upon the implied institution of the civil action for damages in the criminal case. The counter-claim (and cross-claim or third party complaint. it has been subjected to a lot of criticisms by academicians – professors of Remedial Law. since the civil action for damages is impliedly instituted in the criminal case. authors – they criticized the ruling. the trial court should confine itself to the criminal aspect and the possible civil liability of the accused arising out of the crime.issued the bouncing check. the accused can file a counterclaim against the offended party in the criminal action. some reservations and concerns were voiced out by members of the Court during the deliberations on the present case. HELD: “The logic and cogency of Javier notwithstanding. as already discussed. he should file a counterclaim against you in the criminal case.” “At balance. What the SC is saying is. Thus. “I think we made a mistake (privately ba) in the Javier ruling. The SC.” “By the foregoing discussion. the Javier ruling was set aside. and he wants to hold you liable for filing this case. These were engendered by the obvious lacuna in the Rules of Court. prosecution and resolution of the civil aspect and the consequences and implications thereof impliedly instituted in a criminal case. The counterclaim should not be tried together in a criminal case. which contains no express provision for the adjudication of a counterclaim in a civil action impliedly instituted in a criminal case. if any) should be set aside or refused cognizance without prejudice to their filing in separate proceedings at the proper time. because. normally. en banc NOTE: Here. . It provokes more problems than answers. until there are definitive rules of procedure to govern the institution. This should have been done in the form of a counterclaim for damages for the alleged deception by the Javier spouses. In fact. the counter-claim of the accused cannot be tried together with the criminal case because. What is unique was that for the first time in the Philippine Procedural Law. The trial court should confine itself in the criminal action and that the counterclaim should be set aside without prejudice to its right in setting up actions in the civil action. SC laid down the rule that there is such thing as a counterclaim in a criminal case. trial courts should limit their jurisdiction to the civil liability of the accused arising from the criminal case. Cross-claim. PROBLEM: Suppose Dean files a case against Jet and Pao to collect a promissory note signed by Jet and Pao. paragraph [a]. A counter-claim must always arise out of a transaction or occurrence that is the subject matter of the main action. The law says that the “cross-claim arises out of the transaction or occurrence that is the subject matter of the original action. Both of them are now sued. It may be a claim by defendant against his co-defendant arising out of the subject matter of the main action.” D. It has no connection with the complaint of Dean against Jet and Pao. sinabi ni Jet in his cross-claim. EXAMPLE: Jet and Pao are solidary debtors for the sum of P100. Jet and Pao signed a promissory note in favor of Dean to collect the sum of P100. but any cause of action which could have been the subject thereof may be litigated in a separate civil action. although Jet signed the promissory note.000. Tapos. the cross-claimant will assert that the cross-defendant is liable to him for all or part of the claim asserted in the main action against the cross-claimant.” Q: Is the cross-claim allowed in the problem? A: NO. A: The following are the distinctions: . Pao will reimburse him (Jet). Rule 111 of the 2000 Revised Criminal Procedure: “No counterclaim. I also have a claim against Pao for damages arising from a vehicular collision. The cross-claim is improper.NOTE: The ruling in the case of CABAERO is now incorporated in the last paragraph of Section 1. According to Jet. “Well. So that is another case which a defendant is filing against another defendant. cross-claim or third-party complaint may be filed by the accused in the criminal case.000 to Dean when actually I did not even get a single centavo out of it. Such cross-claim may include a claim that the party against whom it is asserted is or may be liable to the cross-claimant for all or part of a claim asserted in the action against the cross-claimant.” In other words.) CROSS-CLAIMS Sec. “Actually there is a possibility that I will pay the P100. Pao is also the defendant in the case filed by Dean and a cross-defendant with respect to the cross-claim filed by Jet.000. Jet will now file a case against Pao where he will allege that if Jet will be held liable to Dean. Jet will also file a claim in the same action against Pao. Everything went to Pao. it arises out of the same transaction or occurrence that is the subject matter of the case filed by Dean against them. Now. Take note that the cross-claim of Jet against Pao is merely an off-short of the case filed by Dean against Jet and Pao. A cross-claim is any claim by one party against a coparty arising out of the transaction or occurrence that is the subject matter either of the original action or of a counterclaim therein.(7) A cross claim is a claim by one party against a co-party. Everything went to Pao [bwiset!]!” Therefore. 8. However. he did not get a single centavo. Meaning. BAR QUESTION: Distinguish a COUNTERCLAIM from a CROSS-CLAIM. So. since we are already here. the claim filed by Jet against his co-defendant Pao is called a CROSS-CLAIM where Jet is called defendant in the case filed by Dean and a cross-claimant against Pao. c. Jet files a COUNTERCLAIM against Pao to recover a piece of land. plaintiffs.) The life of the CROSS-CLAIM depends on the life of the main action. So Jet now can file a cross-claim against Pao arising out of the counterclaim. HYPOTHETICAL EXAMPLE: 5.) A COUNTERCLAIM may be asserted whether or not it arises out of the same transaction or occurrence that is the subject matter of the action. Dean files his answer with a counterclaim against the plaintiffs Jet and Pao. That is allowed and that is a permissive counterclaim.) Now. you can kill the main action. A CROSS-CLAIM must always arise out of the same transaction or occurrence that is the subject matter of the action. d. But suppose Dean files a case to collect a loan against Jet and Pao. whereas. A cross-claim is merely a consequence of the case filed by the plaintiff against the defendants. Take note that a cross-claim is any claim by one party against a co-party arising out of the transaction of occurrence that is the subject matter of the original action or of a counterclaim therein. So. now cross-defendant . There are two plaintiffs suing two different defendants on a promissory note. So Jet and Pao will now become defendants with respect to the counterclaim filed by Dean. plaintiffs -versusJET and PAO. EXAMPLE: Jet and Pao file a case against Dean. defendants. Q: Will it be allowed? A: Not allowed! It has no connection with the subject matter of the main action. whereas. according to Jet. No main action. Both Jet and Pao signed the promissory note in favor of Mortz and Charles: COMPLAINT (Collection case – Main Action): MORTZ and CHARLES [total: 785 lbs.) A COUNTERCLAIM is a complaint by the defendant against the plaintiff. Jet files a CROSS-CLAIM against Pao to recover a piece of land. Whereas. Example: Pao case filed against Jet to collect a loan. vs. infra). a cross-claim may arise our either of the original action or counter-claim therein. now cross-claimant -versusDefendant PAO [heavy weight]. JR. So Jet files a cross-claim against Pao: CROSS-CLAIM ON THE MAIN ACTION Defendant JET [feather weight]. In a COUNTERCLAIM. e. defendants 6. still the counterclaim survives. filed a case against Jet and Pao. So this is an example of a plaintiff filing a cross-claim against his co-plaintiff because of the counterclaim. every centavo of the loan went to Pao.) Mortz and Charles. CA. A CROSS-CLAIM is a claim by a defendant against a co-defendant.]. no cross-claim (RUIZ. now cross-claimant -versusPlaintiff CHARLES. vs.7. a car owned by both of you (Mortz and Charles) bumped my car and that my car was damaged.) Now. RUIZ. Nag-file siya ng counterclaim against both Mortz and Charles. COURT OF APPEALS 212 SCRA 660 . the damages on land was not caused by me. Si Charles man ang may kasalanan ba! Yun ang patay gutom!!” So Mortz files a crossclaim against co-plaintiff Charles arising out to the counterclaim of Jet: CROSS-CLAIM ARISING FROM THE COUNTERCLAIM OF JET Plaintiff MORTZ. The obvious PURPOSE of these is to avoid multiplicity of suits and toward these ends. nag-file naman si Pao ng counterclaim against Mortz and Charles for the damage of the car. JR. COUNTERCLAIM OF PAO Defendant PAO. the rules allow in a certain cases and even compel a petitioner to combine in one litigation these conflicting claims most particularly when they arise out of the same transaction.) Sabi ni Charles. “Actually may reklamo ako sa inyong dalawa (Mortz and Charles) because you entered my land and gathered some of its product [mga patay gutom!!]”. now co-defendants 8.) Mortz now will answer the counterclaim of Jet. now cross-defendant Ilan lahat ang kaso? There are six (6) cases which are to be decided in the same action. now cross-defendant 9. now cross-claimant -versusPlaintiff MORTZ. now plaintiff -versusPlaintiffs MORTZ and CHARLES. “I’m not the owner of the car. but it is possible under the rules. Si Mortz ang owner.) Jet also says. Gago!” So crossclaim naman siya (Charles) kay Mortz: CROSS-CLAIM ARISING FROM THE COUNTERCLAIM OF PAO Plaintiff CHARLES. according to Pao. In the counter-claim of Jet. The rule does not only allow a permissive counterclaim but the parties are even compelled to raise them in a compulsory counter-claim. now plaintiff -versusPlaintiffs MORTZ and CHARLES.” So. “Actually. now defendants 10. According to the SC. ang defendants ay si Mortz and Charles for the accounting of the improvements on the land: COUNTERCLAIM OF JET Defendant JET. “Actually last month. This rarely happens. A counterclaim may be asserted against an original counter-claimant. Na-dismiss ang kaso ni Pao – wala na yung recovery of a piece of land. Reply. once the main action is dead. There is such a thing as counter-counterclaim and counter-crossclaim.FACTS: Dean files a case against Jet and Pao.) REPLY Sec. that was asked in the bar years ago. nag-file siya ng injunction to stop you from molesting her. the counterclaim can exist alone without the complaint. she have to answer your counterclaim. the cross-claim is also automatically dead too. If the main action is dismissed. the case against Jet and Pao was dismissed. 9. But she will say. In other words. “A cross-claim could not be the subject of independent adjudication once it lost the nexus upon which its life depended. COUNTER-CROSS-CLAIM. As a matter of fact. The concept of counter-counter-claim is not new. In effect. the cross-action must also be dismissed. the cross-claim will have to be automatically dismissed. Counter-counterclaims and counter-cross-claims. Jet files a cross-claim against Pao. The counterclaim of Jet can still remain alive even if the main action is dead. A reply is a pleading. The life of a cross-claim depends on the life of the main action. The dismissal of the complaint divested the cross-claimants of whatever appealable interest they might have had before and also made the cross-claim itself no longer viable” Whereas. EXAMPLE: Chams filed against you an action to collect a loan. But in a cross-claim. 10.(n) Section 9 is a new provision. Jet’s counterclaim is damages arising from a vehicular accident. Of course. she will file a counterclaim to stop you from molesting her. EXAMPLE: Pao filed a case against Jet for the recovery of a piece of land. A cross-claim may also be filed against an original cross-claimant. E.” So. What is there to reimburse when the complainant has been dismissed? Aber?! COUNTER COUNTERCLAIM and COUNTER CROSS-CLAIM Sec. “Actually you have been molesting me with your claim when actually you have no right over my land. Nag cross-claim ka sa akin. or allege facts in denial or avoidance of new matters alleged by way . After a while. there is counter-claim to a counter-claim. the office or function of which is to deny. The cross-claimants cannot claim more rights than the plaintiffs themselves. You filed a counterclaim against her to recover a piece of land. on whose cause of action the cross-claim depended. ISSUE: What happens to the cross-claim of Jet against Pao? HELD: When the main action was dismissed. mag cross-claim din ako sa iyo. based on your counterclaim against her to recover my land. Plaintiff said that you have paid the other loan. Otherwise. An answer is a response to the complaint and the reply is a response to the answer. all the new matters alleged in the answer are deemed controverted. A: The following: 4. 5. Section 10 says that if a party does file such reply. you filed an answer invoking payment. all the affirmative defenses raised in the answers are automatically denied. reply is considered as the last pleading. The failure to file a reply has no effect. the defenses are deemed automatically disputed.of defense in the answer and thereby join or make issue as to such new matters. the plaintiff would like to deny or dispute the defendant’s affirmative defense of payment. So.) A REPLY is a response to the defenses interposed by the defendant in his answer. D files his answer and raises a new matter. Q: Can I file a pleading to dispute your defense? A: Yes. Meaning. If the plaintiff wishes to interpose any claims arising out of the new matters so alleged. whether you file a reply or not. what pleading would you file? A: None. Q: How do you classify a reply? A: It is a responsive pleading because it is the response of the plaintiff to the affirmative defense raised in the defendant’s answer. The filing of a reply is OPTIONAL. Q: Halimbawa. all the new matters alleged in the answer are deemed controverted. OUTLINE OF FLOW OF PLEADINGS .) The filing of a REPLY is generally optional. If a party does not file such reply. According to the defendant. whereas The filing of an ANSWER TO A COUNTERCLAIM is generally mandatory under Rule 11 because if the plaintiff fails to file an answer to the counterclaim. you would like to answer my reply. walang katapusan and pleading natin. A reply should not be confused with the answer to a counterclaim which is also filed by the plaintiff. What is the effect if the plaintiff fails to reply? Is he admitting the correctness of the defense? A: No. Q: Give the distinctions between ANSWER TO COUNTER-CLAIM and REPLY. Q: Suppose I filed a complaint. whereas An ANSWER TO A COUNTERCLAIM is a response to a cause of action by the defendant against the plaintiff. So. In other words. he will be declared in default on the counterclaim. affirmative defense. I failed to reply.(11) ILLUSTRATION: Plaintiff files a complaint against a defendant to collect an unpaid loan. that pleading is called a REPLY. such claims shall be set forth in an amended or supplemental complaint. the obligation is already paid. That is the last pleading. Well. BUT since he is the only one. subrogation or any other relief. indemnity.) party complaint is a claim that a defending party may.) Answer to counterclaim 4. etc. That is why there is a close relationship between a cross-claim and a third-party complaint because a cross-claim must also be arising out of the subject matter of the main action. 11. file against a person not a party to the action. indemnity. plaintiff files a case against the defendant. EXAMPLE: The plaintiff files a case against the surety and the principal debtor.) party defendant. but not a third-party complaint. So. The purpose of third-party complaint is for contribution. in respect of his opponent's claim. Take note that filing a third-party complaint is not a matter of right. It cannot be a cause of action which has no relation to the main action. ETC. . etc. What kind of pleading would he file against his co-defendant (the principal debtor)? CROSS-CLAIM.) .) Reply to answer b. (fourth. Complaint 3. A third-party complaint must be also related to the main action. you do not need any motion or leave of court. and the surety seeks reimbursement for whatever amount he may be compelled to pay the plaintiff. you already learned if there are two of them all he has to do is to file a cross-claim against his co-defendant. THERE MUST BE LEAVE OF COURT.) – PARTY COMPLAINT Sec. so both of them are defendants. a. Third. Just file your answer to the counterclaim of cross-claim and that will do. for contribution. So unlike counterclaim or cross-claim. subrogation and other relief in respect of his opponent’s claim. the remedy is to avail of Section 11. etc.) Counterclaim Reply to answer to counterclaim F. DEFENDANT a. Defendant believes that a stranger or somebody else should be brought into the case and therefore files a motion in court that he be allowed to file a thirdparty complaint against such person and therefore the defendant is called third party plaintiff and that third person is a third-party defendant. with leave of court. EXAMPLE : A plaintiff files a case against a defendant to collect a loan when there are two debtors and one of them is compelled to pay everything so the defendant will drag into the picture the co-debtor for contribution or indemnity. THIRD (FOURTH.) Answer b. A third (fourth. 2.party complaint.PLAINTIFF 1. called the third (fourth. (12a) THIRD PARTY COMPLAINT is the procedure for bringing into a case a third person who is not a party to the case. ) any other relief in respect to the opponent’s claim. what kind pleading will he file? He must resort a THIRD-PARTY COMPLAINT and implead the principal debtor. You have to return to me every centavo that I will pay the creditor. What will I do? I will file a third party complaint against my co-debtor for contribution. When the debt fell due. New Civil Code) SUBROGATION: Subrogation . I was the one sued. the sub-lessee stepped into the shoes of the original lessee. So. The PURPOSE of a third-party complaint is for the third party plaintiff to ask the third party defendant for: q. the lessee or sub-lessor can file a third-party complaint and have the sub-lessee for subrogation because . But if he wants everything to be resolved in the same case. New Civil Code) INDEMNIFICATION: Example #1: Two people signed a promissory note in favor of the creditor. r. one of them is being made to pay the P100.000. So if I am the one liable when actually my real liability is only 50. So I will file a third-party complaint against you for indemnity. Your obligation is transferred to me.) Contribution. But actually the entire amount went to you and none for me.BUT if the plaintiff file a case ONLY against the surety. It is possible for him to just file an answer . If he loses and pays the plaintiff. CONTRIBUTION: Example #1: Two debtors borrowed P100. In effect. (Article 2047. Example #2: A surety sued for recovery of debt by the creditor may file a third-party complaint against the principal debtor for indemnity. When the note fell due. Example #2: If Andrew and Carlo are guilty of a quasi-delict and the injured party files an action for damages against Andrew only. he cannot file a cross-claim against anybody because he is the lone defendant. EXAMPLE: Where a contract is leased by a lessee and he subleased the property to a third person who is now occupying the property.You step into the shoes of someone else. Andrew may file a third-party complaint against Carlo for contribution. or t. then he will file another case against the principal debtor for reimbursement. the creditor filed a case against one of them.) Indemnity.000. If the property is damaged and the lessor sues the lessee for damages to his leased property. because anyway the principal debtor is not an indispensable party and the surety would like to seek reimbursement from the person who benefited from the loan. s. their liability being solidary (Article 2194.000 from Janis (creditor) and they shared the money 5050.) Subrogation. Not only his share but also his co-solidary debtor. There are the FOUR TESTS (any one will do): 1. There is no connection between the main action and the 3rd-party complaint – the loan of Nudj to Janis and the loan of Andrew to Nudj. Cruz who warranted that he is the real owner. Cruz and after a while. it must pass one of them. you stepped into the shoes when you occupied the leased property. Nudj says. A third-party complaint is proper if it arises out of the same transaction on which plaintiff is based. is connected with the plaintiff’s claim. here comes Mr. Here is a bar question. EXAMPLE: The car owner is sued for culpa aquiliana for damages arising from . A third-party complaint is proper if the third-party’s complaint. But I bought it from Mr. (Articles 1651 and 1654. So I will now file third-party complaint against Mr. What I will pay you depends on his payment to me. there is only one loan and our liability arises out of the same promissory note 2. you need the permission of the court to determine whether it is proper or not and the original plaintiff may object to the propriety of the third-party complaint. COURT OF FIRST INSTANCE 77 PHIL. Walang connection.. That is the reason when you file it. EXAMPLE: A creditor sued only one solidary debtor. subrogation and any other relief in respect to your opponents claim.” There is always a relation between the third party-complaint and the main complaint against you. indemnification. BAR QUESTION: Janis files a case against Nudj to recover an unpaid load. Cruz to enforce his warranty – warranty against eviction. Now the reason is that Carlo also owes Nudj. So you can file a third-party complaint for contribution. Anyway. very broad: EXAMPLE: When I buy the property of Mr.actually. In order for it to be allowed.” File agad si Nudj ng third-party complaint against Carlo.. 181 HELD: There are four (4) possible tests to determine the propriety of a third-party complaint. Is the third-party complaint proper? A: NO. New Civil Code) For ANY OTHER RELIEF IN RESPECT TO THE OPPONENTS CLAIM. “I cannot pay you because there is a person who has also utang to me. Anong pakialam ni Janis sa utang ni Andrew kay Nudj? Not in respect to his opponent’s claim. although arising out of another transaction. Dee filing a case against me to claim ownership of the land. BAR QUESTION: How do you determine whether a 3rd-party complaint is proper or improper? What are the tests to determine its propriety? A: Case of CAPAYAS vs. (Article 1548. New Civil Code) Take note that there is always a connection between the main complaint and the third-party complaint because the condition is “contribution. nilabanan niya ng diretso si Lewee. the registered owner is liable. Take note that there is a close similarity between a third-party complaint and a cross-claim because as we have learned. Philip fought Lewee directly. Although the third party defendant's liability arises out of another transaction. instead of Tato fighting Lewee. Tato filed a third-party complaint against Philip because he is the real owner. Philip did not register the sale to the LTO. Tato filed a third-party . you (Lewee) are at fault. Of course. “Wala akong alam sa sinasabi nyo. Philip filed a case for damages arising from breach of contract against Tato. The third-party defendant Rudolph would be liable to plaintiff’s (Roy’s) claim. So those are the samples of third party complaint which are correct. I have no idea what happened. a cross-claim must also be related to the same action. Sabi ni Philip. When Philip got the third-party complaint. Tato sues Philip but Philip fights Lewee. as if he is the real defendant. The third party defendant may assert any defense which the third party plaintiff has or may have against plaintiff’s claim.” So obviously. Lewee researched the owner of the car at LTO and ang lumabas ay si Tato.” So here is a situation where Lewee sues Tato. Philip. Frontal na ba. VICTOR 170 SCRA 453 FACTS: This case involves a vehicular accident. While Philip was driving that car it bumped the car of Lewee Tanduay. Philip is the actual owner. So ang ginawa ni Lewee. Roy will sue Eric. the jeep was bumped by the truck of Lewee. then the third party complaint must be proper. Eric subleased it to Rudolph. If Roy’s property is damaged. It must be related. EXAMPLE: Tato is a registered owner of a car and then sold it to Philip. while riding on a passenger jeep owned by Tato. 3. ang ginawa niya. Roy leased his property to Eric. However. that car is no longer mine. EXAMPLE: Sublease.. Meaning. SAMALA vs. But Eric will also sue Rudolph.. in fact he was the one driving. and that is precisely the purpose of my insurance coverage.under the law. Tato arrived at the conclusion that si Philip and nakabangga. Third party defendant would be liable to the original plaintiff's claim. I sold that two years ago. “I was not at fault. ang kinasuhan nya ay si Tato na walang malay. Rudolph will be liable to Roy for Roy’s claim against Eric although the liability of Rudolph arises out of another transaction (Sub-lease contract) 4. The sub-lessor has the right to file a third-party complaint against the sub-lessee for the damaged leased property which is now occupied by the sub-lessee.vehicular collision and he files a third-party complaint against the insurance company for indemnity based on the contract of insurance. So it is connected with plaintiff’s claim. The registered owner is si Tato lang gihapon although he is no longer the real owner. and because he knows the story. when Tato got the complaint. So we will go to some interesting case on third-party complaint. injuring Philip. is there such a thing as a counterclaim in a criminal case where the offended party did not make a reservation. After trial. bumped another car driven by T. That is also possible because “the primary purpose of this rule is to avoid circuitry of action and to dispose of in one litigation. but the court held that Lewee be directly liable to Philip. So the action against Tato was dismissed.complaint against Lewee. normally Lewee is liable to Tato. the entire subject matter arising from a particular set of fact it is immaterial that the third-party plaintiff asserts a cause of action against the third party defendant on a theory different from that asserted by the plaintiff against the defendant. JUDGE OF RTC OF OLONGAPO CITY 167 SCRA 386 NOTE: This case although it refers to third-party complaint is related to criminal procedure. so he filed a third-party complaint against the insurance company insofar as the civil liability is concerned.” Another interesting case which is to be compared with the abovementioned case is the 1989 case of SHAFER vs. the third-party complaint is entirely different from the criminal liability. Lewee claims that is should be Tato who is liable to Philip because Philip did not sue me (Lewee). the claim for civil liability is deemed instituted. the original plaintiff? HELD: YES. It has likewise been held that a defendant in a contract action may join as third-party defendants those liable to him in tort for the plaintiff’s claim against him or directly to the plaintiff. the court found that Tato has not at fault. I am liable to Tato. In a third-party complaint. or Lewee can be made liable to both Philip and Tato because that is covered by the phrase “OR ANY OTHER RELIEF” – so broad that it cover a direct liability of a third party defendant to the original plaintiff. it is proper. “Bakit ako ang ma-liable hindi naman ako ang dinemanda ni Philip? So procedurally. be held liable directly to Philip. But Lewee can be made liable to Philip. HELD: Yes. This is similar to the case of JAVIER where the issue is. a third-party defendant. is there such a thing as a third-party complaint in a criminal case? FACTS: Shafer while driving his car covered by TPL. There could be a third party complaint in a criminal . ISSUE: Whether or not the filing of a third-party complaint in a criminal case is procedurally correct. that is possible. The fault is entirely against Lewee . Shafer was covered by the insurance. T did not make any reservation to file a separate civil action.” ISSUE #1: Can Lewee. Tato is liable to Philip. So obviously. In SHAFER. ISSUE #2: How can the court award damages to Philip based on the theory of culpa aquiliana when his complaint is based on culpa contractual? Can Lewee be held liable for culpa-contractual? HELD: YES. The insurance company questioned the propriety of d third-party complaint in a criminal case. It was questioned by Lewee. T filed a criminal case against S for physical injuries arising from reckless imprudence. because according to the insurance company. it acquires jurisdiction over the third-party complain which is mainly a continuation of the principal action. CENTRAL SURETY CO. The third-party complaint need not be within the jurisdiction of the RTC where the principal action is pending because the third-party complaint is really a continuation and an ancillary to the principal action. CANTOS. SC said. forget counterclaims in criminal cases even if they arose out of the main action. the civil aspect of the criminal case is deemed impliedly instituted in the criminal case. “Huwag muna samok!” If we will allow it in criminal cases it will only complicate and confuse the case. Shafer’s claim of indemnity against the insurance company are also the claim by the victim in the criminal claim. The counter-claim (and cross-claim or third party complaint.000 which is supposed to be within the competence of the MTC. BUT in the light of the ruling in the case of CABAERO vs.” We will go to the old case of REPUBLIC vs. In other words. The insurance company moved to dismiss on the ground that the court has no jurisdiction because thirdparty complaint is only for P50. etc. The attention might be divested to counterclaims or cross-claims or third-party complaints. Shafer may raise all defenses available to him in so far as the criminal and civil aspects are concerned. So it was filed in RTC. In this case. This case refers to JAVIER on whether or not there is such a thing as a compulsory counterclaim in criminal cases. .000. ISSUE: Is the insurance company correct? HELD: NO. if any) should be set aside or refused cognizance without prejudice to their filing in separate proceedings at the proper time. Also. The third-party complaint is only incidental. Therefore Shafer’s claim against the insurance company is related to the criminal case. Rina filed a third-party complaint against ConCon Insurance Company for indemnity insurance but the maximum insurance is only P50. 25 SCRA 641 [1968] FACTS : Hannah filed a case against Rina for a liability amounting to P300.000.case because an offense causes two classes of injuries – the SOCIAL and the PERSONAL injury. The insurance company is wrong. forget it in the meantime. So similar to Javier that an accused may also file a compulsory counterclaim in a criminal case when there is no reservation. automatically. If the court acquires jurisdiction over the main action. supra The SHAFER ruling has to be set aside for the meantime because there is no such thing as third-party complaint in criminal cases now. HELD: “The trial court should confine itself to the criminal aspect and the possible civil liability of the accused arising out of the crime. Sapugay filed a answer and interposed a counterclaim for damages against Mobil and included Cardenas (the manager of Mobil) who is not a plaintiff. The best example of Section 12 is the case of: SAPUGAY vs. ba. the same situation happened in another case. E. a resident of Manila. Cathy is a resident of Cebu City. COURT OF APPEALS 183 SCRA 464 FACTS: Mobil Philippines filed a case against Sapugay. its gasoline dealer. The general rule that the defendant cannot by a counterclaim bring into the action any claim against persons other than the plaintiff. ISSUE: Whether or not the inclusion of Cardenas in the counterclaim is proper where he is not a plaintiff in the Mobil case. pasahan. 12. Now of course.When the presence of parties other than those to the original action is required for the granting of complete relief in the determination of a counterclaim or cross-claim. Carol filed a case before the RTC of Davao City against Cathy. the court shall order them to be brought in as defendants. sixth party complaint can come into play. That is a good hypothetical example of how a fourth. The third-party has to yield to the jurisdiction and venue of the main action. B then files a 3rd party complaint against C. EXAMPLE: A A files a complaint against B B C B files a 3rd party complaint against C C files a 4th party complaint against D D E D files a 5th party complaint against E A’s car was bumped by B. That is possible but everything is with respect to his opponent’s claim. So automatically third-party complaint is also proper. 6th or 7th complaint. D files a 5th party complaint against E. there is also a 4th. 5th. Cathy files a thirdparty complaint against Joy. if jurisdiction over them can be obtained. Sec. The case of EASTER ASSURANCE vs. HELD: The inclusion of Cardenas is proper. They will throw the liability to the one who did it. if there’s such a thing as 3rd party complaint. Bringing new parties.Now. CUI 105 SCRA 642 FACTS : Carol is a resident of Davao City. But B contented that the reason that he bumped A’s car was because he was bumped by C and the same goes to C. C files a 4th party complaint against D. Meaning. . Is the venue proper? HELD: The venue is proper because the venue of the main action is proper. fifth. D. . The case arose out of PCGG cases wherein Enrile was sued for accumulation of his ill-gotten wealth. the bringing of Cardenas in the case is sanctioned by the Rules. who is merely their representative in court and not a plaintiff or complainant in the case would lead to mischievous consequences. Enrile filed an answer to the complaint. if you feel that the lawyer is acting maliciously. the court can order him to be brought in as defendants.admits of an exception under this provision (Section 12) – meaning. However. .)-party defendant may allege in his answer his defenses. etc. counterclaims or cross-claims. “To allow a counterclaim against a lawyer who files a complaint for his clients. Only claims for alleged damages or other causes of action should be filed in a separate case. SANDIGANBAYAN 198 SCRA 282 FACTS: Petitioner Francisco Chavez (former solicitor general) represented the government for PCGG.) party complaint. etc. warm zeal in the maintenance and defense of his rights and the exertion of his utmost learning and ability.A third (fourth. he should not be sued in a counterclaim in the very same case where he has filed only as a counsel and not as party. if it is necessary to include a 3rd person in a counterclaim or cross-claim. A lawyer cannot properly attend to his duties towards his client if. you file a complaint but in a separate case. In effect. he is kept busy defending himself. the SC does not say a lawyer enjoys a special immunity from damage suits. The case of SAPUGAY should not be confused with the case of: CHAVEZ vs. HELD: The inclusion of plaintiff’s lawyer is improper. in the same case. A lawyer owes his client entire devotion to his genuine interest. Thus. including such defenses that the third (fourth. Sandiganbayan denied such contention.” Q: Is the SC suggesting that a lawyer who sued in a harassment case can get away with it? Does that mean to say that the lawyer is immune from suit? A: NO. (Enrile’s lawyer maybe well aware of the Sapugay case the one sued is the lawyer. when he acts in the name of the client. etc. Enrile files a counterclaim against Chavez.)-party plaintiff may have against the original plaintiff in respect of the latter's claim against the third-party plaintiff. Sec. Enrile contends that the case is harassment suit whose mastermind was the Solicitor General himself. Answer to third (fourth.) Chavez questioned such counterclaim contending that he was not a plaintiff. That’s why the case of Sapugay should not be confused with Chavez. (n) ILLUSTRATIONS: A files a case against B B files a 3rd party complaint against C . 13. So B will file a third party complaint against the real owner (C). that last test is now incorporated as a new provision (Section 13). also answer the main complaint. although related to. But the law allows C in defending himself. the main complaint. As a matter of fact.  .C A vs. “A third-party complaint involves an action separate and distinct from. Normally. Bugoy filed a third party complaint against and Cyle who wants to frontally meet the main complaint filed by Aying HELD: If that is your purpose. EXAMPLE: B owns a car which was already sold to C. while driving the car. Then C. the owner is B. If C has the right to frontally meet the action filed by A – meaning. Normally. you have to file two (2) answers – you file an answer to the third party complaint and you file a second answer to the main complaint filed by Aying.” Normally. That is the best example where you have the right against the original plaintiff or even assert a counterclaim against him. So A files a case against B. C can frontally meet the complaint filed by A. Now. The law allows him to file a direct counterclaim against A. That has happened several times. C does not file a direct claim against A. B will defend himself against the complaint of A and C will defend himself in the complaint of B. Practically. he shall answer the 3rd party complaint and the main complaint. to answer the claim of A. COURT OF APPEALS 243 SCRA 143 [1995] FACTS: Aying filed a case against Bugoy. Cyle answers the 3rd party complaint of Bugoy and does not answer to the complaint of Aying. When A looked at the record. That is supposed to be the pattern. But according to SINGAPORE case. then it must be a proper third party complaint. B vs. C will fight A directly – if C has the right to assert any defense which B has against A and even for C to litigate against A. B is still the registered owner. meets an accident and injures A. A third-party defendant who feels aggrieved by some allegations in the main complaint should. aside from answering the third-party complaint. he should also answer the main complaint of Aying. if Cyle feels aggrieved by the allegations of Aying. In the case of: SINGAPORE AIRLINES vs. C. On the record. B. The trouble is that B never registered the transaction. there must be a caption. complaint. and docket number if assigned. title. but in subsequent pleadings it shall be sufficient if the name of the first party on each side be started with an appropriate indication when there are other parties. a third year subject. Plaintiff TITLE -versus- Republic of the Philippines 11th Judicial Region Regional Trial Court of Davao Branch 12 Civil Case #12345 For: Annulment of Contract Osama bin Laden Defendant COMPLAINT BODY Plaintiff. The last subject in the bar is Legal Ethics and Practical Exercises where an examinee will be asked to prepare pleadings like answer. . the title of the action indicates the names of the parties. The title of the action. through counsel respectfully alleges that: a. Take note. Their respective participation in the case shall be indicated. The title of the action indicates the names of the parties. information. Q: Suppose there are 20 plaintiffs and 20 defendants in the concept of permissive joinder of parties. That is the last subject given on the fourth Sunday.) x x x x x x So. but in the subsequent pleadings.) x x x x x x. You only write the first name of plaintiff and defendant and followed by the word ‘ET AL”. it shall be sufficient if the name of the first party of each side be stated without the others. YES. That is a bar subject.Rule 7 PARTS OF A PLEADING This is more on Legal Forms. Now is it necessary that they shall be named? A: In the complaint. It is possible that the title alone will reach 3 or more pages. They shall all be named in the original complaint or petition. b. c. Sec. 1 – Caption. They shall all be named.) x x x x x x. They shall all be named in the original complaint or petition. The caption sets forth the name of the court. ILLUSTRATION: CAPTION Juan dela Cruz. but in subsequent pleadings. The first paragraph is normally the statement of the parties and their addresses which is required under Rule 6 where a complaint must state the names: 1. 1997. Philippines.” A pleading is divided into paragraphs so numbered as to be readily identified. Q: What are the instances where the law does not require the name of the parties to be stated even in the complaint? A: These are the following: 27. Plaintiff Juan dela Cruz is of legal age. respectfully alleges that x x x.] (Unabia vs. you state your allegations or defenses. you state the relief which we call PRAYER – what you are asking the court: “Wherefore. is also of legal age and a resident of Davao City. R6) (d) Date . What the law requires is to write the name of the first plaintiff followed by the term ‘ET AL”. a resident of Davao City whereas defendant Pedro Bautista. each of which shall contain a statement of a single set of circumstances so far as that can be done with convenience. it is only in the complaint where the name of all the parties are required to be stated. On such and such a date. the allegations of the party's claims or defenses. Mr. it is respectfully prayed that judgment be rendered ordering defendant to pay plaintiff his loan of P1 million with interest of 10% p. A paragraph may be referred to by its number in all succeeding pleadings. Section 12). thru counsel.” Then. reply. City Mayor. There are instances where the law does not require the name of the parties to be stated even in the complaint.) When you sue an entity without judicial personality (Rule 3. 2. 99 Phil.Every pleading shall be dated. second paragraph and so on. But there is an EXCEPTION to this rule. you end up with the date of the pleading: “Davao City.When two or more causes of action are joined. 28. (n) In the body. Section 15).) If a party is sued in his official capacity. The loan is now overdue but defendant still refused to pay. 29. but it may add a general prayer for such further or other relief as may be deemed just or equitable.the allegations in the body of a pleading shall be divided into paragraphs so numbered as to be readily identified. 2. Quitain.) (Section 1). it is not necessary to write the name of everybody. So every paragraph is numbered so that it can easily be identified in the subsequent pleadings.) Subsequent Pleading (e. Official designation is sufficient.) Class suit (Rule 3.” Then first paragraph. December 10.g. Pag- . defendants. answer. no need. . (3a. City Mayor of Davao. 30. So the rule is. etc. (3a) (b) Headings . Example: Ms. et al." and so on for the others. plaintiffs vs. 253) Sec. of the second by "second cause of action. Ms. from this date until fully paid. (c) Relief . and the date of the pleading. et al.The pleading shall specify the relief sought. Pastor. the statement of the first shall be prefaced by the words "First cause of action". the relief prayed for.) When the identity or name of the defendant is unknown (Rule 3. defendant secured a loan from plaintiff in the amount of so much payable on this date. Then at the end. [e.BUT in subsequent pleadings like the answer. 3. reply. Section 14). The body. (n) a) Paragraphs . Normally.The body of the pleading sets forth its designation.g. 31.a. Acelar vs. a complaint starts: “Plaintiff. you might get confused because you combined all the three causes of action in one paragraph. That is the purpose of relief or prayer. But if you look at the prayer: “Wherefore. the deed of sale shall be annulled on the ground of intimidation. But it may add a general prayer for such further other relief as may be just and equitable like yung mga pahabol na “Plaintiff prays for such further or other relief which the court may be deemed just or equitable. Even in trial when you present your exhibits. Now. EXAMPLE : Angelo filed a case against Ina for annulment of a contract of sale. and the ownership of the land sold to the defendant in Digos be ordered returned. that he is of legal age x x x. That is the general prayer.” Meaning. it is part of the complaint or answer but it may indicate what is the nature of the cause of action. it is a personal action which should be instituted in the place where the parties reside. there was a second loan…became payable and is not paid. THIRD CAUSE OF ACTION: x x x x. You indicate your different causes of action. he will just refer to the #. ANSWER TO THE THIRD CAUSE OF ACTION x x x. there was a loan secured amounting to so much and it is not paid until now. EXAMPLE: Angelo wants to file a case against Ina to collect three unpaid promissory notes. The lawyer of Angelo decided to file only one complaint collecting the three promissory notes. the pleading must state the relief sought. it is not a personal action but a real action. you are trying to recover the ownership of the land.” Actually. the outline is clearer and it is more scientifically arranged than joining them in one story. hiwa-hiwalayin mo.sagot ng Answer. So. Kung meron ka pang gustong ibigay. Cause of actions are mere allegations. the defendant will answer: ANSWER: ANSWER TO THE FIRST CAUSE OF ACTION x x x. “I admit the allegations in paragraph #5) Paragraph [b] is related to Rule 2 on joinder of causes of action. On the other hand. ANSWER TO THE SECOND CAUSE OF ACTION x x x. okay lang. If you look at the caption. FIRST CAUSE OF ACTION: In 1995. Q: Is the prayer or relief part of the main action? A: NO. SECOND CAUSE OF ACTION: In 1995. aside from the relief sought. In other words. Do not combine them together in one paragraph. That is how you prepare your complaint. But with this one. Can you file one complaint embodying two or more causes of action? YES. Prayer is not part of the action but it is important because it might enlighten us on the nature of the cause of action. how should he prepare the complaint containing the three promissory notes? Plaintiff respectfully alleges: 1. So in other words. there are three causes of action. . it is respectfully prayed that after trial. the presentation is clearer. Under paragraph [c]. I met a situation where the lawyer filed a motion or a pleading stating only his telephone number. information and belief. allow such deficiency to be remedied if it shall appear that the same was due to mere inadvertence and not intended for delay. suppose it was just an inadvertent omission. That is called as and IMPLIED CERTIFICATION IN A PLEADING (Arambulo vs. alright. the court. 387). or alleges scandalous or indecent matter therein. or fails to promptly report to the court a change of his address. the court may. information. Signature and Address. However. stating in either case his address which should not be a post office box. that to the best to his knowledge.Every pleading must be designed by the party or counsel representing him.” Maybe. A: Well. . when a pleading is not signed it produces no legal effect. However. that to the best of his knowledge.. x x x x x Signature and address – every pleading must be signed by the party or the counsel representing him. (5a) So. Q: Now. My golly! that is worse! How will I send my reply? Through telephone also? (sa text kaya?) IMPLIED CERTIFICATION IN A PLEADING Section 3. he is certifying that he has read the pleading. But if it is served to his office. 3. last paragraph: An unsigned pleading produces no legal effect. Section 3. if the lawyer files a pleading which is UNSIGNED DELIBERATELY. 78 Phil. sinadya. you sign it now in order that it will produce a legal effect. it was not intentional maybe because he was hurrying to file the pleading. BAR QUESTION: What is the meaning of the phrase “Implied Certification in a Pleading”? A: “Implied Certification in a Pleading” means that when a lawyer signs a pleading he is certifying that he has read it. and belief there is good ground to support it. then. in its discretion. what is he certifying? A: Second paragraph says. shall be subject to appropriate disciplinary action. actually if that is in good faith. “however. and it is not interposed for delay. box. allow such deficiency to be remedied if it shall appear that the same was due to mere inadvertence and not intended for delay.Sec. to the best of his knowledge. Perez. there is a good ground to support it. Before. That was already asked in the bar once.” Q: When a lawyer signs a pleading. Take note of the prohibition now: You must state your address which should not be a post office box because one difficulty is that the exact date when you claim your mail cannot be determined if it is a P. may in its discretion. It is as if no pleading has been filed. or signs a pleading in violation of his Rule. information and belief there is a good ground to support it. second paragraph: “The signature of counsel constitutes a certificate by him that he has read the pleading. the exact date can easily be determined. the court may forgive the counsel because the law says. Counsel who deliberately files an unsigned pleading. and it is not interposed for delay.O. the lawyer had it filed when actually he has not signed it yet. and that it is not interposed for delay. Verification. that all allegations therein are true and correct. That is practically unethical ‘no? Not only that. in the City of Davao. and then he moves his office without telling the court or the opposing counsel of his new address. hereby say that: I am the plaintiff in the above entitled case. the court will be sending notices and orders to his old address and it is returned to sender because the lawyer already moved to another place.. information and belief. this was not found in the prior Rules. after being sworn in accordance with law. verified or accompanied by affidavit. I caused the preparation of this complaint. pleadings need not be under oath. And they are true and correct of my own knowledge. (6a) Q: What do you understand by verification in a pleading? A: It means that there is an affidavit accompanying the pleading that the pleader will certify that he prepared the pleading. . decisions and all pleadings will be served on his address. it is his obligation to inform the court and even the opposing counsel about his new address so that all court orders. this ground – fails to promptly report to the court a change of his address has been inserted in 1997 Rules. So. or fails to promptly report to the court a change of his address. Juan de la Cruz of legal age. I read the allegations therein. Philippines. (5) A pleading is verified by an affidavit that the affiant has read the pleading and that the allegations therein are true and correct of his knowledge and belief. he shall be subject to appropriate disciplinary action. it causes delay ba." or lacks a proper verification. the SC has discovered that this has been the cause of delay in litigation. he will say this is his address. A pleading required to be verified which contains a verification based on "information and belief. he is also subject to disciplinary action if he signs a pleading in violation of this Rule or alleges scandalous or indecent matter therein. in order to penalize the lawyer. So. VERIFICATION Sec. These are the grounds no. So.Except when otherwise specifically required by law or rule. For example: In the pleading the plaintiff will say: I. 4. Signed Affiant Subscribed and sworn to before me on this 2nd day of October 2001. subject to disciplinary action." or upon "knowledge.according to the rules. Now. Siguro. Q: What do you mean by this? A: A lawyer will file a pleading in court. I think what prompted the SC to insert this is the fact that it has been the cause of delays in many cases. shall be treated as an unsigned pleading. Sorry ha? That is my information eh. verification is not sufficient. Meaning. Philippines. you must say ‘they are true and correct based on my own knowledge. hindi pala totoo. and can be cured by amendment. The court still has jurisdiction over the case. and yet the third paragraph says. it is not substantial or jurisdictional. Q: Does the law require every pleading to be verified? A: NO. in the City of Davao. not jurisdictional defect. But if the pleading is not verified. So. “knowledge. When the law or rules require a pleading to be verified. 1960) Q: What do you think will happen if a pleading is verified by a party and it turns out that the allegations are false? And that he deliberately made those allegations false and under oath. So. Although lack of verification in a pleading is a formal defect. pleadings need not be under oath. information and belief” is improper.” Meron kang lusot ba. because perjury requires a sworn statement by the accused. under oath. The GENERAL RULE is. true and correct of his knowledge and belief. That the pleader. Q: Suppose I will say. “knowledge and belief”. you know your Criminal Law. Q: How is a pleading verified? A: The law says. EXCEPT when otherwise specifically required by law or this rule. So tanggalin mo lang yung ‘information’ to make it proper. The pleading can be amended to include verification. Oct.” A: According to the paragraph 3. there will be the so-called “JURAT” Subscribed and sworn to before me on this ___ day of December 1997. “based on knowledge. there is no perjury. information and belief” is bawal. And then. statements.Panfilo Corpuz Notary Public That is what you call verification of a pleading. it is a defective pleading but the defect is formal. Bank of Commerce vs. (Phil. by the defendant. a proper verification must be based on “knowledge” – the allegations therein are true and correct of my own knowledge. Q: What happens if a pleading is not verified when the law requires it to be verified? Is that a fatal defect? A: The pleading is defective but it is only a formal defect. because you can always claim na “Ganoon pala. A: Well. verification is not necessary and the pleading is filed properly. he will sign it. and then below that. Under the prior rule. signed by the notary public. even if they are false. the verification of a pleading. That will be a ground for the prosecution for the crime of perjury. a pleading is verified by affidavit. it can be cured by amending the pleading and verifying. then it must be verified. The purpose of verification is to insure good faith in the averments of a pleading. If the defect is formal. will attest that the allegations in his complaint or in his answer are true and correct of his own knowledge. Then. Macadaeg. “the allegations there are true and correct based on my ‘information’ and ‘belief’. in the pleading are confirmed to be correct. .’ ‘Information’ will not suffice. Therefore. So. Now. If the law is silent. the case should not be dismissed. whether plaintiff or defendant. but “knowledge and belief” only is proper. That is called. otherwise it is formally detective. 31. that the affiant has read the pleading and that the allegations therein are. L-14174. because that is a false affidavit. no harm but if a lawyer does that. that only shows he does not know the rules. Is there something wrong with it? Technically. and it turns out to be deliberately false. “In other words Sir. In other words. even if there is a verification. You cannot find one rule or one section where you will get all the answers in that section because they are scattered.) Special Civil Actions – petitions for certiorari. tribunal or quasi-judicial agency and. So he said. Failure to comply with the foregoing requirements shall not be curable by mere amendment of the complaint or other initiatory pleading but shall be cause for the dismissal of the case without prejudice. a complete statement of the status thereof. prohibition and mandamus. to the best of his knowledge. 5. Ignorance of the rules! CERTIFICATION OF NON-FORUM SHOPPING Sec. From time to time we will go on. And the second effect. there is no perjury. there are many. suppose a pleading does not require verification but the lawyer had it verified. there was a student who asked me this question: Q: Now. the examiner was asking for the exceptions. what are the pleadings which the law or the Rules of Court require to be verified. it is formally defective. He cannot identify which pleading requires to be verified because he will automatically verify everything.-. he shall report that fact within (5) days therefrom the court wherein his aforesaid complaint or initiatory pleading has been filed. it is better pala that you will verify every pleading para sigurado. But I will verify it. when it is not required. The last time was in 1995. Certification against forum shopping. BAR QUESTION: Name as many pleadings as you can which must be verified.Now. just surplusage! A pleading in general is not required to be verified. unless otherwise . you are courting a criminal prosecution for your client for perjury. So. Now I verify it. which require. practically. on the other hand. and c)if he should thereafter learn that the same or similar action or claim has been filed or pending. or in a sworn certification annexed thereto and simultaneously filed therewith: a)that he has not theretofore commence any action or filed any claim involving the same issues in any court. But if it is required to be verified and you omit the verification. No harm man kaya? At least.” That’s true. b)if there is such other pending action or claim. you create a crime of perjury when actually there should be none in the first place.The plaintiff or the principal party shall certify under oath in the complaint or other initiatory pleading asserting a claim for relief. I remember that years ago. 4. none. and the statement is false. A: The following: (taken from the 4th year Remedial Law transcription) 3. we will meet them.) Rule 8 – when you deny the due execution of an actionable document.) Summary Rules – all pleadings under summary rules should be verified. no harm. sabog eh. no such other action or claim is pending therein. Meaning. I think that question has already been asked 3 times in the BAR. if a pleading is not verified. it requires the Bar candidate to have a grasp of the entire Rules so that he will be able to recall as many pleadings as there are. They are scattered throughout the Rules and we will meet some in the course of going over the Rules. 5. What is the effect? A: There is no effect. if you ask me. The policy may be playing it safe but it produces other effects. the SC has decided to put down this provision in order to assure good faith. More or less. is it automatic? A: Look at the 2nd paragraph. you cannot insist that because I already amended. what is the possibility if the complaint is filed without the certification against forum shopping? That is a ground by itself for the dismissal of the complaint. upon motion and after hearing. but shall be cause for the dismissal of the case without prejudice. It is now incorporated in the new rules in Section 5. So. That is for the court to determine whether to dismiss or not to dismiss. thirdparty complaints. Now. We will not dismiss. not so much in Davao City but maybe in Metro Manila because most of the abuses in the bar happen in Metro Manila not in the provinces. CASTILLO. The submission of a false certification or non-compliance with any of the undertakings therein. . And this requirement was originally found in a Circular 04-94 of the SC. Now take note that the certification of non-forum Shopping is not only required in the complaint but the law says: “Complaint or other initiatory pleadings” such as counterclaims. but the court may say. Q: What is the effect if a complaint or a third-party complaint is filed in court without the certification on non-forum shopping? A: That is a ground by itself for an automatic dismissal of the complaint. all these pleadings require certification against forum shopping.provided. Therefore. automatically the defect is cured. the same shall be ground for summary dismissal with prejudice and shall constitute direct contempt. it is a ground for dismissal. So everytime you file a complaint you must certify under oath that you have not filed any other case of this nature in any other court. no? Forum Shopping is an unethical practice when a lawyer or a party files identical cases in two or more tribunals hoping that if he may fail in one case. “Okay.’ “Unless otherwise provided. Now. maybe this practice has become rampant before. upon the motion after hearing” – meaning. Of course. Now let’s go to the second paragraph. you will follow the language found in the first paragraph. I think this provision that mere amendment does not cure automatically the missing certification for non-forum shopping was taken by the SC from its ruling in the 1995 case of KAVINTA vs. he will succeed in another forum. (n) You know what is forum shopping? I think you have an idea about that. cross-claims.” But definitely. as well as a cause for administrative sanctions. JR. we will just amend it. “failure to comply with the foregoing requirements shall not be curable by mere amendment of the complaint or other initiatory pleading. Q: Now. That is the meaning of ‘without prejudice. without the prejudice to the corresponding administrative and criminal actions. you can still re-file the case with the inclusion of the certification against forum shopping.” Meaning. mere amendment does not cure automatically the missing certification. suppose I will amend the complaint because at first there was no certification of nonforum shopping. If the acts of the party or his counsel clearly constitute willful and deliberate forum shopping. Maybe because of these abuses. therefore. shall constitute indirect contempt of court. Again. everything is cured. it is now discretionary on the court to determine whether to dismiss or not to dismiss. you re-file the same complaint. it says. Pwede mong ulitin. 249 SCRA 604 HELD: “The mere submission of a certification under Administrative Circular No.” As a matter of fact. obviously does not include a claim which cannot be independently set up. or (2. otherwise the Circular would lose its value or efficacy. the claimant has two choices: (1. However. of the 1997 Rules of Civil Procedure. .’ being predicated on the applicability of the need for a certification against forum shopping. we should not distinguish. Another view is that.e. Some lawyers argue that the certification is not required in compulsory counterclaims. i. “The proviso in the second paragraph of Section 5. there must be a certification of non-forum shopping.. It is only required in permissive counterclaims because in permissive counterclaims. . but shall be cause for the dismissal of the case without prejudice. since Section 5 does not distinguish. that issue is now resolved in the 1998 case of SANTO TOMAS UNIVERSITY HOSPITAL vs. if the certification is deliberately false there are many other sanctions – contempt.) to file a counterclaim in the same case. that the violation of the anti-forum shopping rule ‘shall not be curable by mere amendment . 1998] HELD: The certification of non-forum shopping applies only to permissive counterclaims because there is no possibility of forum shopping in compulsory counterclaims. SURLA 294 SCRA 382 [Aug. in permissive counterclaims. Now.) to file a separate case. possible administrative actions against the lawyer or criminal case for perjury. otherwise the case will be dismissed. Rule 7. 0494 after the filing of a motion to dismiss on the ground of non-compliance thereof does not ipso facto operate as a substantial compliance. 17.”  . if you delete it the statement or the story or the cause of action disappear. the statement of your cause of action or defense become incomplete. then. ULTIMATE FACTS vs. the allegation of the violation of the right is no longer present. EVIDENTIARY FACTS Q: What are ultimate facts? A: Ultimate facts are those which is are essential to one’s cause of action or defense. then it is not a statement of ultimate fact. for example a complaint has 20 paragraphs.) Statement of the obligation. the paragraph or the statement that you removed is not a statement of ultimate facts. what do you mean by ultimate facts? What are evidentiary facts? Distinguish ultimate facts from evidentiary facts. Yan bang 20 paragraphs. kulang na man. then. 9. Are the elements of the cause of action still present out of the remaining paragraph? If the answer is yes. It is only a statement of evidentiary fact. and 11. Pagtinanggal mo. paragraph #2 is not a statement of ultimate fact. concise and direct statement of the ultimate facts on which the party pleading relies for his claim or defense. as the case may be.Rule 8 MANNER OF MAKING ALLEGATIONS IN PLEADINGS Sec. Suppose I will remove paragraph #7. Because if you delete it. If a defense relied on is based on law. They should not be stated in . But if you delete it and there is still a cause of action. importante ba lahat? We will shorten it by analyzing sentence by sentence.) Statement of the right. it must only state the ultimate facts where you relied your defense or complaint. a certain element of cause of action disappears then it must be a statement of ultimate fact. the story is still complete. In so far as pleadings are concerned. omitting the statement of mere evidentiary facts. there is still a cause of action. 10. So if the statement can be deleted and the cause of action is still complete. Then. you find out whether the four are present. Q: How do you determine whether a fact is essential to your cause of action or defense? A: The test to determine whether the fact is essential to your cause of action is: if the statement in the pleading cannot be deleted. Q: What are evidentiary facts? A: Evidentiary facts are the facts which will prove the ultimate facts. The basic question here is. then it is not an ultimate fact. 1 In general – Every pleading shall contain in a methodical and logical form. a plain. that is an ultimate fact. You analyze a complaint from the first to the last paragraph.) Statement of damage. otherwise. We will remove paragraph #5. the paragraph #7 cannot be deleted. then. wala ka ng cause of action. You must omit the statement of mere evidentiary facts.) Statement of the violation. I will remove paragraph #2. Now. Q: What are the essential elements of a cause of action? A: The following: 8. the pertinent provisions thereof and their applicability to him shall be clearly and concisely stated. every year you are reciting your activities including the taxes that you paid. In 1968. Doon na tayo mag-istorya sa court. he planted guava. the question is: Who has been in possession of the land for a long time? I claim I’m the one. That will really prove that he have been there for the past 30 years because continuous eh. Plaintiff. ultimate facts are called facturn probandum as distinguished from factum probans (evidentiary facts).the pleading. He cleared the property by cutting the grass. You do not have to recite exactly what you did because that is what I intend to prove. So. the lawyer will now prepare the complaint in this manner: Plaintiff has been in possession of the said property continuously. the receipt. he planted mango trees. In 1970. And therefore. during the trial. So I clean it in 1967. how can I convince the court that I have been in possession of the property for 30 years? Kailangan you have to convince. They are proper during the trial but they have no place in your pleading. In 1969. when did you occupy the property? – “1967” – When you first occupied the property. di ba? Then. That is the ultimate fact. “plaintiff has been in possession of this land continuously for the past 30 years. but despite repeated demands he refused to pay. Sabihin mo: “The defendant borrowed money and then it fell due. were you still there? – “Oh yes!” – What did you do in 1968? – “I planted coconut trees. That is what is meant by the phrase that you only state the ultimate facts omitting the statement of evidentiary facts. if a lawyer will do that. The evidentiary facts should be brought out in court not in the pleadings. you present the plaintiff and you ask the plaintiff: Mr. eto and resibo ko!” Now. Another Example: Collection case. describe it. – “Ah. his complaint will reach 100 pages. I made demands for him to pay. during the trial. In 1971. otherwise your pleading become kilometric. what should be the correct pattern? Complaint: Plaintiff has been in continuous possession of the property for 30 years from 1967 up to the present. They should be brought out during the trial. Suppose the lawyer wants to impress the court that the statement is true. Do you know why? Because he violated Section 1. he planted 50 coconut trees.” .” – In 1968. EXAMPLE: In a land dispute. of course. He did not only state the ultimate facts but he also stated the evidentiary facts. isa-isahin mo yan. In the law on Evidence. . He will recite everything from 1967 to 1997. Thirty years na gud iyan. So.” – Did you pay taxes in 1968? – “Yes!” – Where’s the receipt? – “Eto o!” Yaan! From 1967. I will say.” That is a statement of ultimate fact because that shows your right – your right over the property – that you cannot be driven out. he planted 20 coconut trees. “‘yan o. bagnot! I have to clean it. Now. openly for the past 30 years from 1967 to 1997 as may be born out by the following: He entered the property in 1967. the pleading describing continues possession for the past 30 years from 1967 to 1997. you must know HOW to answer. mag-istorya ka na ng detail sa husgado. your notebook must project itself as if your notebook is telling the corrector: Read me! Read me!! That is the formula to pass law school and the Bar. no? Some people tell their story clearly. How will the court understand your story? Your presentation must be methodical and logical. Q: Apart from evidentiary facts. The simpler the language. In your examinations. others don’t understand. Writing style is a gift.) Facts which are presumed by law. How do you present the facts? Methodical and logical form.Tama na iyon. I called him up by telephone. The judge might throw away your complaint for not using simple language. I remember. But during the trial.) Matters which are in the domain of judicial notice need not be alleged. you state the ultimate facts on which you rely your claim or defense. Those are what you call evidentiary facts. you may wonder why you got a different score with your classmates where in fact the substance of your answers is the same. Tingnan mo ang kanyang presentation. I have been calling him by telephone but he kept on promising. you can narrate that I have been writing. Courts expect lawyers to present case in a methodical and logical form. andami kong sulat.000 notebooks. 7. do not use the word ‘conflagration. A pleading is not a vehicle for you to show your mastery of the English language.” So. You do not have to state in your complaint that “when the account fell due last November 5. For example. Corollary. what are the other matters that should not be stated in the pleading? A: The following: 6. PRINCIPLE: Only ultimate facts should be alleged and not the evidentiary facts. Siya 80. It must be methodical and logical. Especially in the Bar exams where the corrector is correcting more than 4. You try to present your answer in a clear manner. What is the first test whether you style is methodical or logical? The best exercise is your own answer in examinations. concise and direct language. every person expects you to write in a methodical or logical form. rather use this word. Sasabihin mo. He promised to pay in November 7 and called him again and he promised to pay tomorrow…” Hindi na kailangang sabihin mo iyan! Those are evidentiary facts.’ use ‘fire. It is a matter of writing style. I was reading an article about the use of plain. Plaintiff tells the court his story. To know the answer is not enough. Under Section 1. FACTS WHICH ARE PRESUMED BY LAW . ikaw 75. you answer and you try to argue why. 8. In a problem. concise and direct statements or language. sabog ka mag-storya. “eto o. But in your complaint you do not have to recite all those. the better. Defendant tells his story. too.) Conclusions of fact or law. mas maganda. Ang labo mo! It is not methodical and logical. We have said earlier that a pleading actually tells a story.’ The latter is simpler. How do you state the facts? Section 1 says that statement of ultimate facts must be stated in a methodical and logical form and you must use plain. Precisely because the presentation of the answer also matters. Every person has his style of writing.Do not use this word. the pleading is not made insufficient by the insufficiency of one or more of the alternative statements. eh. EXAMPLE: I read a case about passenger who was about to board a bus. In that case. his answer is purely based on law. that is culpa contractual. . He fell. Q: What happens if one cause of action is insufficient? Will it cause the dismissal of the complaint? A: No. takot ka. He was injured. 2. I may allege 2 possible alternative causes of action. may mga kaso talaga na malabo. You want to claim damages but you are not sure whether your case is based on culpa contractual or culpa aquiliana. So it depends whether there is a contract of carriage or none. the complaint will remain insofar as the sufficient cause of action is stated. the passenger was about to board a bus. Sabi ng iba. The bus suddenly sped up. either in one cause of action or defense or in separate causes of action or defenses. Am I obliged to make a choice immediately? A: NO. There is a lawyer I met na takot maging . Of course when you are a passenger and you get hurt. Meaning. each is my defense or not. Alternative causes of action or defenses.So statement of law is not allowed although there is an exception under the second paragraph of Section 1 which says that “if a defense relied on is based on law. ALLEGATION OF ALTERNATIVE CAUSES OF ACTION OR DEFENSES Sec. It’s either one of the two.” At least now you can quote the law. that is culpa aquiliana. It sometimes happens. You don’t really know whether your cause of action is culpa contractual or culpa aquiliana. I will draft the complaint in such a way that I will show to the court that my cause of action is either culpa contractual or culpa aquilana. You cannot be wrong because the law does not require you to make a choice. I will make sure that both allegations are covered. (2) Q: May a plaintiff in his complaint state two or more claims alternatively or hypothetically? A: Yes. if I am the lawyer for the plaintiff and I am tortured to make my choice. If you are not a passenger and you get hurt due to the negligence of the driver. the left foot had already stepped on the bus. You are confronted with the same problem. As a matter of fact.A party may set forth two or more statements of a claim or defense alternatively or hypothetically. Well. wala pang contract. Suppose your defenses are inconsistent. When two or more statements are made in the alternative and one of them if made independently would be sufficient. the pertinent provisions thereof and their applicability to him shall be clearly and concisely stated. There is a complaint against you and you have 3 possible defenses. He was not able to ride because umandar man bigla. Sometimes a defendant when he files his answer. The insufficiency of one will not affect the entire pleading if the other cause of action is insufficient. Now. What is the basis against the carrier? Is there a contract or none? There is! Nandoon na nga ang kaliwang paa. Q: You are the defendant. He must cite the legal provision in his answer and explain WHY is it applicable to him. The law allows the defendant to cite the 3 possible defenses alternatively. There is a prejudice because during the trial. I can abandon the others. and e.” Defense of payment.inconsistent. you look at SC decisions. So. c. That is perfectly allowed as it is alternative and during trial the pleader may show the best one rather than not stating it in the pleading and during the trial you waive the best defense because according to the next rule. However. Thus.” In other words. severally. When you are uncertain who is the real defendant. What is important is that each defense is consistent in itself.” That is a defense of denial. when taken alone. in one pleading state in the alternative or otherwise. He asked.) “Assuming that the money I received from the plaintiff was really a loan. That is also called a “SHOTGUN ANSWER”. Take note that you have to correlate this topic on the related provisions we have already taken up: For EXAMPLE: c.) Rule 3. Rule 8 very well. b. Here is defendant’s answer: a. However. I will choose among them with the evidence I have. How can you reconcile these 3 defenses? They are inconsistent with each other but it should not be taken against the defendant. what if they are inconsistent with each other? I said. each defense. Look at them separately. defenses or objections not pleaded in the answer are deemed waived.) “Assuming that I received money from the plaintiff. And that is even better because you might confuse the plaintiff of what really is your defense. Hindi mo na magamit. it was a donation. The law allows defendant to plead his defenses hypothetically or alternatively. Do not compare them. The SC said a party may plead 2 or more causes of action or 2 or more defenses alternatively. or alternatively. Anyway. The basic allegation is that the defendant obtained a sum of money by way of loan and never paid it. Section 5 – where a party may. Sabog ba! In all directions. They may be inconsistent with each other but what is important is each defense is consistent in itself. is a good defense. For EXAMPLE: Plaintiff files a case against a defendant to collect an unpaid loan. as many causes of action.) Rule 3. I told him to look at Section 2. When may 2 persons or more be joined as plaintiffs or defendants and how are they joined? They are joined jointly. . You look at them separately. The problem is that you choose one but it turned out that a different defense would be correct. Section 6 – on permissive joinder of parties. that money was not a loan but plaintiff’s birthday gift to me.) Rule 2.) “That is not true. Rule 9. you have to choose among them which you think is true based on evidence. d. a lawyer should not be afraid to hypothetically or alternatively plead defenses which are inconsistent with each other. Section 13 – on alternative defendants. I have 3 defenses. such amount was completely paid. during that trial. you may join them alternatively although the relief against one may be inconsistent with the other. pleading man lang yon. Meaning. I never borrowed any money from the plaintiff. malice.Remember this provisions because they are interrelated. Is that allegation sufficient? “I have already exhausted my remedies in the administrative level. (3) Sometimes in a pleading. Where a law provide for the exhaustion of administrative remedies. judgment. ALLEGATION OF A CONDITION PRECEDENT Sec. I will then go to court. do you think your case will prosper? NO. I will allege that I have already exhausted remedies in the executive level. fraud. . Can you still remember. you may go to the Office of the Presidential who can reverse the decision of the secretary. you can now go to the court. suppose I have already complied with all these remedies.“I started with the Bureau of Lands. a general averment of the performance or occurrence of all conditions precedent shall be sufficient. you have the doctrine of exhaustion of administrative remedies. a general averment will be sufficient. a general averment for the performance of all conditions precedent shall be sufficient. Thus. HOW ALLEGATIONS IN A PLEADING ARE MADE Q: How do you make allegations or averments in a pleading? Can you do it in a general manner or do you need to be specific? How do you allege your ultimate facts? Is it in particular or general terms? A: It depends on what matters you are alleging in your complaint – whether is a condition precedent. Yan! Definitely. don’t limit yourself to a particular provision. Now. capacity to sue or be sued. 3. you have to allege that the conditions precedent have already been complied with.” This is very helpful in the bar exam. I went to the Office of the President”? A: According to Section 3.In any pleading. in Administrative Law. mistake. when you study the Rules. is it necessary for you to be specific what are those conditions precedent? A: NO. For EXAMPLE. You need not specifically allege .” Do I have to emphasize . That is called the doctrine of judicial review of administrative decision. Q: Now. it will not. court should not entertain cases without complying said remedies first. From the Secretary of Agriculture. one of the elements of a right of action is that before you can go to court. That’s called co-relation – “You don’t only see the tree but the entire forest. Definitely. Specific EXAMPLE: You started with a quarrel over a parcel of land where you applied for homestead. Section 3 says that in every pleading. Conditions Precedent. Look for other related provisions so you may see the entire picture. May kalaban ka. Where will you file first? Bureau of Lands. from the Bureau of Lands. From there. From there. you cannot directly go to the court because you have not yet complied with conditions precedent before filing the case. You may then appeal to the Secretary of Agriculture. A general allegation will suffice. And the condition precedent is that you must comply with the rule on exhaustion of administrative remedies. or official document or act. talo ka pa rin but you believe there is a good ground to reverse the decisions in the executive department. I went to Department of Agriculture. If the rule on exhaustion of administrative remedies is violated. you must comply with all the conditions precedent? Q: When you allege compliance with the conditions precedent. it cannot sue. Juan dela Cruz. an averment of the performance or occurrence of all conditions precedent may be made generally and it shall be sufficient. It means that capacity to sue and be sued must be averred with particularity. Capacity .. That is the reason why facts showing capacity to sue and be sued. I am the defendant. I will deny that you are a corporation licensed to do business in the . “I am appointed as the guardian. etc. You may say. There’s a case which you will study in Corporation Law whether a foreign corporation can sue in Philippine court. the complaint must specifically allege that a foreign corporation is doing business in the Philippines with a license to do.compliance of conditions precedent. ALLEGATION OF CAPACITY TO SUE OR BE SUED Sec. Suppose I will deny your capacity to sue. shall do so by specific denial. A party desiring to raise an issue as to the legal existence of any party or the capacity of any party to sue or be sued in a representative capacity.” It means that the defendant is a corporation existing by virtue of the Philippine Corporation Law. 4. (4) When you file a case against somebody you must have capacity to sue and defendant must have capacity to be sued.” You have to emphasize that the court appointed you. Therefore. that is the first paragraph of a complaint: “Plaintiff. it can sue provided it is licensed to do business in the Philippines. “I am suing as guardian of the plaintiff. There is no presumption that you are corporation.Facts showing the capacity of a party to sue or to be sued or the authority of a party to sue or to be sued in a representative capacity or the legal existence of an organized association of persons that is made a party.” That is a representative party – to sue and be sued in a representative capacity. shall do so by specific denial. As a matter of fact. of legal age. A general statement of it is not sufficient. Section 4 says. Yaan! “A party desiring to raise an issue as to the legal existence of any party or the capacity of any party to sue or be sued in a representative capacity. 2nd sentence) EXAMPLE: You are the plaintiff corporation with juridical capacity. The SC emphasized that if a foreign corporation is suing somebody in Philippine courts. Neither can you say. which shall include such supporting particulars as are peculiarly within the pleader's knowledge. which shall include such supporting particulars as are peculiarly within the pleader's knowledge…” (section 4. Can you say.. “I am suing as a guardian?” NO. single. a resident of Davao City…” There is no presumption of capacity or incapacity to sue. Otherwise.” Q: How should it be done? A: “I am the court’s appointed guardian of the plaintiff minor having been afforded guardian by the court in this case based on an order. Under the law. must be averred with particularity. “the legal existence of an organized association of persons that is made a party. Q: Is it necessary for me to say that plaintiff has capacity to sue? And the defendant has capacity to be sued? A: YES because Section 4 says you must show capacity to sue and be sued. must be averred. I can only say it in general terms. the law requires me to deny your legal capacity and I must state the reason or basis of such denial – why you are not of legal age. one can describe how a fraud was committed by the other party. issues. Your denial must be particular. ALLEGATION OF FRAUD OR MISTAKE Sec. Q: Is this statement sufficient? A: No. In pleading an official document or official act. by overt acts. “There was a previous judgment. 9. Sec. Suppose the consent was secured through fraud and plaintiff files a case that the defendant employed fraud in obtaining his consent. Fraud. etc. So. EXAMPLE: official letter . fraud is one ground. Q: In the second sentence. you shall do so by specific denial which shall include such supporting particulars as are peculiarly within the defendant’s knowledge. it can be averred generally.In all averments of fraud or mistake. (5a) EXAMPLE: In annulment of a contract. intent. on the other hand. mistake. The complaint must state how the fraud was committed. (9) One can just plead the existence of a document made by the government. Malice. (6) Sometimes a party invokes a judgment of a court or cite a previous case like res adjudicata to dismiss a case. This is so because the law says that when you deny or when you question the legal existence of a party or the capacity of any party to sue and be sued.Philippines. may be averred generally? A: A general averment of malice or intent suffices because one cannot describe or particularize what is in the mind of a party. when it tried the case years ago. because the circumstances constituting fraud or mistake must be stated with particularity. knowledge or other condition of the mind of a person may be averred generally. or of a board or officer. it is sufficient to aver the judgment or decision without setting forth matter showing jurisdiction to render it.. In pleading a judgment or decision of a domestic or foreign court. judicial or quasi-judicial tribunal. And the presumption is that the court had jurisdiction. is employed openly. How you are deceived is not only in the mind. I cannot describe in detail the malice or the knowledge in your mind. condition of the mind. You cannot plead a general statement that you deny. intent. Sec. Fraud. You must be more specific about what you are denying. 5. Therefore. Now. Judgment. You do not have to say that the court had jurisdiction over the subject matter. 6. It must be described in detail how the fraud took place.” Is this sufficient? A: YES because the law presumes that the judgment is valid. etc. Those are manifested by external acts. why you are not a corporation. Q: Suppose you will ask the court to dismiss the case because there was already judgment rendered by the court years ago and you simply says. it is sufficient to aver that the document was issued or the act done in compliance with law. why is it that malice. the circumstances constituting fraud or mistake must be stated with particularity. Official document or act. 4. there is no need to follow Section 7. Section 5. first sentence – Capacity to sue and be sued. 2nd sentence – Conditions of the mind. Q: And how do you plead an actionable document under Section 7? . Section 9 – Official document or act Q: What averments must be done with PARTICULARITY? A: The following: 1. So a promissory note to collect an unpaid loan is not only an evidence of you cause of action but is it is the very cause of action or foundation of your cause of action. 736) It is the very heart and soul of your cause of action or defense. 3. 3. 58 Phil. Section 4. Such letter while they are relevant to the collection case.) Rule 8. 2. But in a collection case. or said copy may with like effect be set forth in the pleading. It is sufficient to aver that the document was issued or an act done. Section 5. first sentence – Fraud or mistake ACTIONABLE DOCUMENTS Sec. On the other hand. 2. Whenever an action or defense is based upon a written instrument or document. (7) Not every document that is needed in trial is actionable document. when I have a receipt. Lyric Film Exchange. Section 6 – Judgment. 7. it must be pleaded in the manner mentioned in Section 7.) Rule 8.) Rule 8. 2nd sentence – Legal existence of any party to sue or be sued.) Rule 8. the substance of such instrument or document shall be set forth in the pleading. which shall be deemed to be a part of the pleading. If it is actionable. Section 4. or official communication by a government agency. Inc. vs. the contract to be rescinded or annulled is the very cause of your action. Q: What is the purpose of the distinction between actionable and non-actionable document? A: If the document is not actionable.) Rule 8. although they are also important. If I would like to sue you to annul a written contract. Q: What is an actionable document? A: An ACTIONABLE DOCUMENT is one which is the basis or the foundation of the cause of action or defense and not merely an evidence of the cause of action or defense. the receipt is not only evidence of your defense but is the very foundation of your defense. Action or defense based on document. that is not the foundation of your cause of action. if aside from promissory note I wrote you several letter of demand to pay.) Rule 8.of the President.) Rule 8. Also in Section 8. and the original or a copy thereof shall be attached to the pleading as an exhibit. (Araneta. it is needed to contest the genuiness of the document. SUMMARY: Q: What averment or allegations in pleadings may be done GENERALLY? A: The following: 1. not merely an evidence thereof. Section 3– Conditions precedent. Signed: “A” Q: Using the above promissory note. the interest. the amount.) Said copy may with like effect be set forth in the pleading. there is no need to copy it. defendant A secured a loan from plaintiff B for a sum of P1 million payable not later than December 31. A secured a loan from plaintiff B which is covered by a promissory note worded as follows: PROMISSORY NOTE: . Document is quoted verbatim. 1997 For value received. But still you have to attach a copy of the promissory note. either xerox copy or the original. then attached the document. Sometime in December 31.) The copy of the document may with like effect quoted in the pleading in which case. 4. EXAMPLE: PROMISSORY NOTE: December 31. Defendant A is xxxgayxxxx.) The substance shall be set forth in the pleading and the original or a copy thereof shall be attached to the pleading as an exhibit. The account is now overdue and despite demands of defendant A still failed to pay B xxx. Just mention the substance or features of he promissory note. 2. which shall be deemed as part of the pleading. 1997.) On Dec. Plaintiff B is xxx of legal age xxx. the main features of the promissory note are recited in your pleading – the date when the loan was secured. 31.) The substance of such instrument or document.A: There are two (2) options: 6. 7. 1997 def. how should the pleading be worded? A: Two ways of pleading of actionable document: 1. etc. EXAMPLE: COMPLAINT 1.) Plaintiff B is xxx of legal age xxx. there is no need to attach the copy. shall be set forth in the pleading and the original or a copy thereof shall be attached as an exhibit. Defendant A is xxxgayxxxx. Party simply cites only important parts of the document. In the first one. The entire document must be quoted in the pleading. 1998 with 2% interest per annum. I promise to pay “B” P1 million not later than one year from date with 2 percent per annum. 2. So. Copy of said Promissory Note hereto attached as EXHIBIT A. EXAMPLE: COMPLAINT 3. 3. and sets forth what he claims to be the facts. under oath. The adverse party may move to dismiss the complaint for violation of the rules. Section 7. if such document could not be secured. Sec.) The account is now overdue and despite demands of defendant A still failed to pay B xxx. How to contest such documents.000 only. If you intend to present in evidence 50 documents and only one is actionable. you copy the entire promissory note verbatim. then there is no need to follow Section 7. specifically denies them. the promissory note was not attached. the genuineness and due execution of the promissory note is deemed admitted. Signed: “A” 5. so you will have 49 annexes. So. so there is falsification. ang 49 hindi. If an actionable document is properly pleaded in your pleading in the manner mentioned in Section 7. Now. 8. That is the second way. .December 31. I promise to pay “B” P1 million not later than one year from date with 2 percent per annum. then you must deny the genuiness and due execution in your answer specifically and most importantly your answer must VERIFIED AND UNDER OATH. There is no need to attach a copy of the promissory note. When an action or defense is founded upon a written instrument. 1997 For value received. if the document is not classified as actionable. the genuineness and due execution of the instrument shall be deemed admitted unless the adverse party. ang pleading mo. kakapal. Rule 8.000 instead of P1. What will happen? A: The party violates Rule 8. Just imagine if you will apply Section 7 to all documents in your possession. (parang mukha mo!) Q: Suppose in the first way. the adverse party is now obliged to follow Section 8 if he wants to contest such document. (8a) Q: Does every pleading have to be under oath? A: GENERAL RULE: NO. EXAMPLE: If the plaintiff sues you based on a promissory note which is properly pleaded under Section 7 and you would like to contest the genuineness and due execution of the note like when the figure was altered to P20. Example: Section 8. but the requirement of an oath does not apply when the adverse party does not appear to be a party to the instrument or when compliance with an order for an inspection of the original instrument is refused. copied in or attached to the corresponding pleading as provided in the preceding section. EXCEPTION: Except when the law requires it. So. If the denial is not verified and under oath. If signed by another. X. Tiamzon admitted liability but only to the amount of P5. 476): IX. . Mr. any defense which denies the genuineness or due execution of the document is deemed automatically waived. no revenue stamp. Regina never ordered Maya to use her (Regina’s) name. So. it was in words and figures exactly as set out in the pleading of the party relying upon it. At the time it was signed. all these defects are deemed cured. Tiamzon to collect a loan of P50. The party whose signature it bears signed it. The document was delivered. Paul sued Regina. XII.000. The formal requisites of law.” what are the specific facts that you have deemed admitted? A: The answer is found in the landmark case of HIBBERD vs. In case it was signed by an agent in behalf of the corporation or partnership. The signature appearing in the document is a forgery.000 on a promissory note. such as seal.Q: When you say “you have admitted the genuiness and due execution of the document. Quiachon sued Mr. XI. The SC said in HIBBERD that if you admit the genuineness and due execution of the actionable document. Tiamzon admits the genuiness of the promissory note – that it was really P50. The corporation was not authorized under its charter to sign the instrument. Regina denied agency but failed to verify her answer. are waived by it. When the note fell due without payment. So kung may konting diperensiya like there is notarial seal. RHODE (32 Phil. no acknowledgment. Tiamzon used falsification as a defense but his answer was not verified. Maya signed the promissory note: “Regina as principal. Meaning. defenses which are inconsistent with genuineness and due execution are deemed automatically waived. VII. Q: Mr. What is the effect? A: Mr. signed by Maya.” But actually. it was signed for him and with his authority. Paul agreed. and XIII. Mr. the signature was unauthorized. acknowledgement (notarization) or revenue stamp which it lacks. VIII.000. Q: Pretty Maya told Papa Paul that her housemate Sexy Regina wanted to borrow money from him. or a principal. Q: What are the defenses which are no longer allowed once you admit the genuineness and due execution of the actionable document? A: The following: VI. the defense of unauthorized signature is automatically out. What is the effect? A: Pretty Maya becomes agent of Sexy Regina. forgery because that is inconsistent with your own admission of the genuineness and due execution of the actionable document. is valid? A: Section 8 says. if you do not verify you denial. the implied admission is deemed waived: 1.) payment.) Where the pleader presented witnesses to prove genuiness and due execution and the adversary proved. 4. there is already an advantage in my favor. the contrary. Rhode.) estoppel. But the lawyer of the plaintiff did not also remember Section 8 that when there was evidence of forgery.) duress. and 10. the requirement of an oath does not apply: .) imbecility Now. 5. (Yu Chuck vs. The party charged signed it in some other capacity than that alleged in the pleading. 185) In other words. It was never delivered.) compromise. 2. 3. the incompetence of the both lawyers cancel each other. in what instances? A: YES. Bobo! Maayo pa ang bulalo. 6. without objection. 46 Phil. That is what happens if the lawyer does not know. supra) Q: Does it mean to say that when you admit impliedly the genuineness and due execution of the actionable document. 8. 7.) want or illegality of consideration. So you cannot anymore interpose the defense of for example. (Hibberd vs. So.) statute of limitation. 9. the lawyer of the defendant does not remember Section 8 and therefore the denial is improper.) mistake. 2. which is not under oath. you may still invoke defenses provided the defenses are NOT inconsistent with your admission of the authenticity of the document. (Legarda Koh vs. 36 Phil. But what if the you presented evidence to prove forgery? Can I waive the benefit of implied admission? Q: May the benefit of the admission of genuineness and due execution of an actionable document? If so. What are no longer available are defenses which are inconsistent with your own admission of the genuineness and due execution of the actionable document like forgery. According to the SC in HIBBERD. the following: 1.IX. what are the instances where the denial of the genuineness of the document. 608). and X. In the following cases.) fraud.) Where the pleader fails to object to evidence controverting the due execution. naay utok! WHEN DENIAL NOT UNDER OATH STILL VALID Q: When may a simple denial suffice? Meaning. he failed to object. Q: What defenses may be interposed notwithstanding admission of genuiness and due execution of an actionable document as aforesaid? A: In the case of HIBBERD. you have no more defense? A: NO. Kong Li Po.) minority. because you cannot admit that the document is genuine and at the same time allege that it is forged. Ongsiaco. Castillo in contract as forged. Ms. . He claims to have paid the loan and have attached a copy of the RECEIPT to his answer. the person who is presenting the actionable document is the plaintiff. It has been asked in the Bar: Q: When is the filing of the reply compulsory? A: When the defendant anchors his defense on an actionable document and plaintiff will deny the genuineness and due execution of such document. Defenses. Section 8 should prevail over Rule 6 because the former is a specific provision that applies only to actionable document. Guadalope filed a case against Ms. PROBLEM: But suppose it is the defendant who is invoking an actionable document for his defense. GENERAL RULE: OPTIONAL. SPECIFIC DENIAL We will relate Section 10 with Section 5 of Rule 6: Sec. Castillo died (simba ko!… tok-tok!). 2. a. Q: But the plaintiff may argue that under Rule 6. But before Ms. How do we reconcile it with Section 8? A: Rule 6 is the general rule. So Ms. The heirs realized that the signature of Ms. EXAMPLE: Ms. 5. the plaintiff must deny the genuineness of the receipt specifically under oath Q: In what pleading should the plaintiff file where he will deny under oath the genuiness and due execution of the receipt? A: Plaintiff should file a REPLY and it must be under oath. the receipt is impliedly admitted to be genuine. EXCEPTION: SECTION 8 Normally. The plaintiff looks at the document and realizes that his signature in the receipt is forged. Guadalope filed against the heirs. they can still prove forgery because they are not party to the instrument. Q: What should the plaintiff do? A: Based on Section 8. Castillo based on a contract entered by them.) When the document to be denied is not classified as an actionable document but merely an evidentiary matter. Section 10 the filing of a reply is optional.Defenses may either be negative or affirmative. there is no need to follow Section 7. 3.) When the adverse party does not appear to be a party to the instrument. If he will not file a reply. This is because when the document if not actionable. A negative defense is the specific denial of the material fact or facts .1. Even if the answer of the heirs is not under oath. REPLY. Guadalope filed the case.) When compliance with an order for an inspection of the original instrument is refused. EXAMPLE: Plaintiff alleges that the “Defendant is in possession of the property under litigation in . and this shall have the effect of a denial. Q: Suppose the pleader will say. x x x In an answer. whenever practicable. Section 10: Sec. A: Briefly.’ (Cortes vs. it is a defense of SPECIFIC DENIAL where the defendant denies the statement in the complaint by stating the facts and the reason/s on which his denial is based. 90 Phil. the pleader did not set forth the substance of the matters relied upon to support his denial. shall set forth the substance of the matters upon which he relies to support his denial. there are three (3) MODES OF SPECIFIC DENIAL: FIRST MODE: A defendant must specify each material allegation of fact the truth of which he does not admit and.4. A: That is know was GENERAL DENIAL and it will have the effect of automatically admitting the allegations in the complaint. your own version. defenses may either be negative or affirmative. The purpose there is to lay your cards on the table to make it fair to the other side. Where a defendant desires to deny only a part of an averment. A denial does not become specific simply because he used the word ‘specific. “Defendant specifically denies the allegations in paragraph 2. A defendant must specify each material allegation of fact the truth of which he does not admit and. Q: How is a specific denial done? A: Rule 8. (10a) Q: So what are the modes of specific denial? A: Under Section 10. Q: Define negative defense.7…” without any further support for the denial. shall set forth the substance of the matters upon which he relies to support his denial Meaning. Therefore the answer may admit part 1 but part 2 is denied. 10. that is not true because this is what is true. whenever practicable. he shall specify so much of it as is true and material and shall deny only the remainder. Is the denial specific? A: NO.alleged in the pleading of the claimant essential to his cause or causes of action. Or. Sometimes an allegation may consist of 2 or more parts. he shall so state. Co Bun Kim. Specific denial. the substance of the allegation is actually admitted by the qualification there is denied. Yaan! Q: What happens if a denial violates this first mode? Meaning. SECOND MODE: Where a defendant desires to deny only a part of an averment. So you state your own side. he shall specify so much of it as is true and material and shall deny only the remainder. you deny the allegation in the complaint but you must state the basis of your denial – that. 167) What makes a denial specific is compliance with Section 10. Where a defendant is without knowledge or information sufficient to form a belief as to the truth of a material averment made in the complaint. ” Actually. the defendant may admit that the property is in his possession but he denies the qualification in bad faith – possession is not in bad faith. if you borrowed money. 2 that he is in possession of the property in question.000 payable one year from said date. Defendant cannot admit or deny those. you cannot avail of the third mode of denial.” Then period! And is has the automatic effect of a denial. Therefore. he shall so state. If the fact alleged is such that it is within your knowledge. it is impossible that it is not within your knowledge. you say so. That is what happened in CAPITOL MOTORS vs. but denies that he is a possessor in bad faith” or something to that effect. suppose I file a case against you. Sec. if you will avail of the third mode in bad faith. And then I will allege there. What you are trying to say there is “I do not know whether I borrowed money from you or not.” And then you say. wounded feelings.” Then you will say. the defendant should say. when you say “I deny the entire paragraph” when actually you are not denying the entire paragraph but only the qualification. and this shall have the effect of a denial Meaning. Defendant does not know that Plaintiff had sleepless nights.” Now. Otherwise. other than those as to the amount of unliquidated shall be deemed admitted when not specifically denied. etc. usury in 11. “I have no knowledge. all your denials will be treated as admissions.bad faith. Just state. That is the warning in the third mode. How can you deny something that you have no knowledge of. “I have no knowledge or information…” There is something wrong there. “I have no knowledge. Actually. 7. “Defendant borrowed money from plaintiff in the sum of P10. your denial will be treated as an admission. talagang evasive bah! You are trying to be clever and evasive. I am not in a position to admit or to deny because I have no knowledge. And if you did not. what is only denied is the qualification to the averment. And if you do that. Material in the complaint. I have read pleadings where the pleader would say. THIRD MODE: Where a defendant is without knowledge or information sufficient to form a belief as to the truth of a material averment made in the complaint. YABUT (32 SCRA 1). “Defendant admits that portion of paragraph no. How can I admit or deny something which I do not know? EXAMPLE: Plaintiff claims for moral damages because Defendant destroyed his reputation. 8. there is something wrong there. serious anxiety. averment damages. the SC warned that he third mode of denial should be done in good faith.” My golly! You do not even know whether you paid me? In other words. “The defendant have made partial payments.” How can that be? It is either you borrowed money or you did not! That is why the SC said in CAPITOL MOTORS. Allegations of a complaint to recover usurious interest are deemed admitted if not . The substance of the allegation is actually admitted. Allegations not specifically denied deemed admitted. However. deny it. that is called a NEGATIVE PREGNANT. “Defendant has no knowledge or information sufficient to form a belief as to the truth of the allegation in paragraphs 6. in the legal point of view. Based on that. Here. 9… of the complaint and therefore he denies the same. In CAPITOL MOTORS. you will pay me P1 million. (Agaton vs. Examples of unliquidated damages are moral and exemplary damages.) 2.) 3. (Valdez vs. there are averments in the complaint which are not deemed admitted even when not specifically denied. Yaan! On the other hand. You have to prove how much amount you are entitled to. Striking out of pleading or matter contained therein. They are always subject to evidence. crossclaims and third-party complaints. Dec. Dec. NOW. L-19548. Let’s discuss the first exception – AMOUNT OF UNLIQUIDATED DAMAGES is not deemed admitted even if not specifically denied. Upon motion . Obviously. However under Section 11.G. “Allegations of usury in a complaint to recover usurious interest are deemed admitted if not denied under oath. Hindi yan puwede. 56 O. So if the damages are liquidated. an example of liquidated damages is an obligation with a penal clause. OLYMPIC SAW MILL (129 SCRA 439).” Usury means you charge interest above the legal interest provided by the usury law. they are deemed admitted. your answer must be under oath. because a party is only obliged to aver ultimate facts. it is deemed admitted. There is no need for computation because the amount is already in the contract beforehand. 1960) Evidentiary matters. May 13. That is why they are not deemed admitted even if not specifically denied. You have to present evidence that you are really entitled to P1 million. if there is a material averment in the complaint and was not specifically denied.denied under oath. and I did not specifically denied such claim. 1966) Conclusions of facts or law. Lorenzana. then you are deemed to have admitted that I am entitled to P1 million. GENERAL RULE: Material averment in a complaint shall be deemed admitted when not specifically denied. Section 11 also says. the SC forgot what it said in the 1983. Or expenses which I incurred in the hospital. The contract itself would show how much I am entitled. it does not mean that you are automatically entitled to P1 million. So. If you want to deny my charge of usury. that usury is no longer existing and the SC stated in that case that the provision of the Rules of Court in usury are deemed erased or superseded. 26. this is the second instance where a denial should be verified. 22. 1959) The reason for the rule on specific denial is that. I wonder why this provision is here when as early as 1983 in the case of LIAM LAW vs. (Ulyanin!!) Sec. L-11474. 12. Paras. So if you failed to specifically deny it.” this rule extends to counterclaims. R9) While the law says ‘material averment in the complaint. Those are unliquidated damages.) 4. it is stipulated that in case you cannot comply with your obligation. 7932. So if you are claiming P1 million damages for sleepless nights or besmirched reputation. Perez.) Amount of unliquidated damages. For example in our contract. Immaterial averments (Worcester vs. EXCEPTION: Instances when averments in the complaint are not deemed admitted even when not specifically denied: 1. (1a. the lawyer who files it may be subjected to appropriate disciplinary actions. or alleges scandalous or indecent matter therein. Or if a portion of the pleading be ordered stricken out or expunged where a pleading or a portion thereof is sham or false. or upon the court's own initiative at any time. third paragraph: RULE 7. upon motion made by a party within twenty (20) days after the service of the pleading upon him. shall be subject to appropriate disciplinary action. 3. the court may. allow such deficiency to be remedied if it shall appear that the same was due to mere inadvertence and not intended for delay. Signature and address. if your pleading contains scandalous or indecent matters. Sec.  . Counsel who deliberately files an unsigned pleading. or fails to promptly report to the court a change of his address. immaterial. However. impertinent. redundant. R9) Before answering. Section 3. immaterial. or signs a pleading in violation of this Rule. Striking a pleading means that the pleading will be deemed erased as if it was never filed.made by a party before responding to a pleading or. So. or scandalous matter be stricken out therefrom. impertinent. is deemed erased. if no responsive pleading is permitted by these Rules. or a scandalous matter is inserted in the pleading. the defendant can file a motion to strike out a pleading or a portion of a pleading. redundant. x x x x An unsigned pleading produces no legal effect. Q: What if it is the reply is the one which contains scandalous matter? A: A motion to strike may still be filed by the defendant within 20 days after the reply. This is related to Rule 7. in its discretion. the court may order any pleading to be stricken out or that any sham or false. (5. ) That there is another action pending with the same parties for the same cause (litis pendentia. EXCEPTIONS: Q: What defenses or objections can be taken cognizance of by the court despite the fact that they are not raised in the motion to dismiss or answer? A: Under Section 1.) That the action is barred by prior judgment (res adjudicata). the same is deemed waived. This is because everything is null and void. or that the action is barred by a prior judgment or by statute of limitations. or even for the first time on appeal. The court has no jurisdiction over the issues. 12. by silence of the defendant. you attempted to prove that the loan has already been paid.) That the court has no jurisdiction over the subject matter. by WAIVER. is that. 13. EXAMPLE: In a collection case against you. that there is another action pending between the same parties for the same cause. there is no such thing as a surprise defense because the defense must be pleaded. when there is a defect in the jurisdiction of the court over the subject matter. Take note that the exceptions can be raised at any time during or after the trial. Rule 9. the traditional rule to remember notwithstanding the SIBUNGHANOY Doctrine. you did not raise the defense of payment in your answer. that cannot be done because the defense of payment is deemed waived because you did not raise it in your answer. So. 37 Phil. 957). But during the trial.Rule 9 EFFECT OF FAILURE TO PLEAD General Rule: DEFENSES AND OBJECTIONS NOT PLEADED EITHER IN A MOTION TO DISMISS OR IN THE ANSWER ARE DEEMED WAIVED Section 1. Jurisdiction over the subject matter cannot be conferred by agreement between the parties. Now. the plaintiff already knows what are the defenses. If you want to surprise the plaintiff during the trial by not raising your defense in your answer. the defect can be raised at any stage of the proceeding even for the first time on appeal (Roxas vs. the court never acquired jurisdiction over the issue. (2a) GENERAL RULE: Defenses or objections not pleaded in a motion to dismiss or on answer are deemed waived. Defenses and objections not pleaded either in a motion to dismiss or in the answer are deemed waived. and 14.) That the action is barred by statute of limitation (prescription). Raferty. the following: 11. Defenses and objections not pleaded. when it appears from the pleadings or the evidence on record that the court has no jurisdiction over the subject matter. They are already in the answer. . the court shall dismiss the claim. Now. If you do not plead your defense. you will be the one who will be surprised because the court will not allow you. In other words. When the parties go to court. However. If the defending party fails to answer within the time allowed therefor. And under Rule 11 as a rule. 3. It can still be raised because it can be taken care of by another rule – Rule 33 on Demurrer. It would seem so because the second sentence says. GUANZON (172 SCRA 571) HELD: “The rule on waiver of defenses by failure to plead in the answer or in a motion to dismiss does not apply when the plaintiff’s own allegations in the complaint show clearly that the action has prescribed in such a case the court may motu propio dismiss the case on the ground of prescription. or cross-claim. Sec. Compulsory counterclaim.” (This is an important change) Under the 1964 Rules. The action can be dismissed on the ground that there is a pending action.” Q: Can the court dismiss the action based on any of these grounds without the filing of a motion to dismiss? A: YES. R18) x x x x x x A defending party is declared in DEFAULT if he fails to answer the complaint within the time allowed therefor. upon motion of the claiming party with notice to the defending party. and proof of such failure. Does it mean to say that you cannot raise it anymore? NO. RULE ON DEFAULT Sec. (1a. Default. PRESCRIPTION is not found in the old rule but is taken from decided cases. “When it appears from the pleadings or the evidence on record … the court shall dismiss the claim. unless the court in its discretion requires the claimant to submit evidence. You file a another case while another action is pending between the same parties for the same cause. The rule on answer is found in Rule 11. respectively. There was already a prior final judgment then you file another case regarding the same issue. or a cross-claim. Among which are the cases of PNB vs. the court shall proceed to render judgment granting the claimant such relief as his pleading may warrant. one of the grounds that you can raise at any stage of the proceeding before judgment is failure to state a cause of action. (4a) A See discussions on Rule 6. compulsory counterclaim. Sections 7 and 8 on counterclaim and cross-claims. the court shall. RES ADJUDICATA. not set up shall be barred. declare the defending party in default. 2. Thereupon.LITIS PENDENTIA. but it disappears under the new rules. That is actually splitting a cause of action because there is already an action and then you file another action. declaration of. Such reception of evidence may be delegated to the clerk of court. not set up barred. PEREZ (16 SCRA 279) PEPSI COLA vs. you have 15 days to file an answer counted from the time you are furnished a copy of the complaint together with the summons . That is also splitting a cause of action. So. He cannot participate in the trial. that is the condition. The judge of the court where the case is pending shall personally receive the evidence to be adduced by the parties. the plaintiff will move to declare the defendant in default on the ground of failure to file an answer to the complaint. he is not authorize to conduct or hear . Wala ng reception of evidence. because the law NOW says. Sec. 9. And such reception of evidence may be delegated to the clerk of court. the plaintiff will win. He cannot present his own evidence. Only one side will be heard. because the ground for default is failure to file an answer. 405) That is what you call EX-PARTE reception of evidence. the court may delegate the reception of evidence to its clerk of court who is a member of the bar. So if he is not a member of the bar.” Now. “with NOTICE to the defending party” is a new one. BAR QUESTION: If the defendant is declared in default for failure to file an answer is deemed to have admitted the allegations in the complaint to be true and correct? A: YES. Take note that the word ‘defending’ party applies not only to the original defendant but even to the cross-defendant or defendant in a counterclaim. (Go Changjo vs. That is the same as the summary rules and judgment on the pleadings and the court can grant the relief without presentation of evidence. in default or ex parte hearings. May he be declared in default? A: NO.” The reception of plaintiff’s evidence is already dispensed with.If the period to answer lapsed and there is no answer. You must furnish a copy to the defending party of your motion to order the defendant in default which abrogates previous rulings. HOWEVER under Section 3. 18 Phil. Q: May a court declare a defendant in default without any motion? A: NO. And of course. However. My golly! How can you win in that situation? That is the effect of default. although he is still entitled to notice of subsequent proceedings. “the court shall proceed to render judgment granting such claimant such relief as his pleading may warrant. And from the time a party is declared in default. it is discretionary upon the court to require the claimant to submit evidence. It is like a boxing bout ba where the rule is. EX-PARTE RECEPTION of evidence is OPTIONAL for the court. the case will be decided only on the basis of plaintiff’s side without anymore hearing the defendant. (n) The reception of evidence maybe delegated to the clerk of court but the clerk of court must be a lawyer. This is related to Section 9. because the law says. Judge to receive evidence. he failed to appear. He cannot object to plaintiff’s evidence. isa lang ang mag-suntok. Rule 30: Rule 30. and in any case where the parties agree in writing. Roldan Sy-Changjo. delegation to clerk of court. Q: Suppose the defendant filed an answer but during the trial. the court will issue an order of default declaring you as a defaulted defendant. That is the GENERAL RULE. he loses his standing in court. which objections shall be resolved by the court upon submission of his report and the transcripts within ten (10) days from termination of the hearing. The correct procedure is for the trial to proceed without him. The clerk of court shall have no power to rule on objections to any question or to the admission of exhibits. In effect. “upon motion of the claiming party. It was not in accordance with the Rules of Court. (Gonzales vs. reception muna which will take time. “Any motion that does not comply with Rule 16 should not be accepted for filing and if filed.) 5. Francisco. In my personal view. COURT OF APPEALS 187 SCRA 153 HELD: “The failure to furnish a copy of the answer to the adverse party in itself is sufficient or valid basis for defendant’s default. Judgment based on the complaint of the plaintiff UNLESS court requires the claimant to submit evidence (ex-parte presentation of plaintiff’s evidence) However. Clapis. because the answer is deemed to have not been legally filed. It will run again from the moment he receives the order denying his motion to dismiss or for bill of particulars. like recovery of a piece of land – medyo mahirap yan.) 6. (Hernandez vs. Q: If a defendant files an answer but did not furnish a copy of the answer to the plaintiff. He can be ordered in default.an ex-parte reception of evidence. presentation of evidence ex-parte can be dispensed with like collection cases ba.” Q: May a defendant be declared in default while a motion to dismiss (Rule 16) or a motion for bill of particulars (Rule 12) remains pending and undisposed of? A: NO. cases which are simple. Not . that should be the policy regarding this rule. because under the filing of a motion to dismiss or motion for bill of particulars interrupts the running of the period to answer. 47) So the defendant must furnish the plaintiff a copy of the answer because in the case of RAMIREZ vs. The motion is a useless piece of paper with no legal effect. To my mind. Walang laban ang defendant talaga. Can he file an answer after filing the motion to dismiss? HELD: NO. But in controversial cases. The judge will not automatically decide in your favor simply because of failure to answer by the defendant. 437) In the case of DEL CASTILLO vs. SUMMARY: Steps when the defendant fails to file an answer within the time allowed: 4. can the plaintiff move to declare the defendant in default? A: YES. when should the court dispensed with the ex-parte presentation of evidence and when should it require the claimant to submit evidence being discretionary? May ibang judges who likes kapoy na. The judge may still want to hear plaintiff’s evidence. judgment kaagad! May iba naman. AGUINALDO 212 SCRA 169 [1992] FACTS: The defendant filed a motion to dismiss under Rule 16 but his motion to dismiss did not contain notice of time and place of hearing and the motion was denied. is not entitled to judicial cognizance and does not affect any reglementary period. Order of default.) Motion to declare defendant in default. 87 Phil. 49 Phil. where he will plead his supposed meritorious defenses. The best example would be a promissory note signed by both Bentong and Bayani and they bound themselves solidarily. (4a. Say. the court shall try the case against all upon the answers thus filed and render judgment upon the evidence presented. one or some of the defendants made an answer and the others did not. Bentong answered while Bayani did not. hence he is in default. . EXAMPLE: Gary sued Bentong and Bayani. he regains his standing in court. SUMMARY: Steps the defendant should take to set aside the order of default: XIV. there will still be a trial based on the answer of Bentong.When a pleading asserting a claim states a common cause of action against several defending parties. But if you have a meritorious defense. the case will go to trial based on the answer of Bentong.Meaning. You are wasting my time. Kahit na pagbigyan kita. Anyway there is a common or identical cause of action. The defense of Bentong will also be Bayani’s defense. He must explain why he failed to file an answer due to FAME. Can there be a default judgment against Bayani? NO. Bayani did not. the court will set aside or lift the order of default and will give the defendant an opportunity to answer. Bentong will defend not only himself but also Bayani. Hence. which is also applicable to Bayani. In effect. the court will not lift the order of default. The case will be tried against both Bentong and Bayani based on the answer of Bentong. some of whom answer and the others fail to do so. and XVI. File a motion to lift or set aside the order of default. Upon proof. there is no guarantee that you will win but at least you have a fighting chance ba that your standing will be restored. . The principle here is that. PARTIAL DEFAULT (c) Effect of partial default. So. if you have no meritorious defense. Both of them were sued. In effect. There is no chance for you to win anyway. Q: Suppose during the trial. even if you are a victim of FAME. the others were not. So Bayani will be benefited by the answer of his codefendant Bentong. He must also show that he has a meritorious defense. and the complaint is dismissed. XV. The motion must be verified and under oath. Q: When can the defendant avail of this remedy? A: He may file a motion to set aside the order of default at any time after notice thereof and before judgment. there is still a possibility that a defaulted defendant can win based on our example. the answer filed by the answering defendant will automatically benefit the non-answering defendant. talo ka pa rin. Bentong proved that the obligation has been extinguished. what is the effect? A: Both Bentong and Bayani will win the case. one or some of the defendants were declared in default. R18) This presupposes that there are two or more defendants. Bentong filed an answer. Bayani was declared in default but there can be no judgment against Bayani in the meantime because under paragraph [c]. if you drop the case against one.000 which was its total liability under the insurance contract. ISSUE: Is the motion of Gary proper? HELD: NO. the effect is both Bentong and Bayani are absolved. So he filed an action for damages against several defendants. RAMOLETE (66 SCRA 425) FACTS: Bentong and Bayani were (solidary debtors) sued by Gary for a loan evidenced by a promissory note. The insurance company filed an answer but the owner and the driver did not. Gary move to drop Bentong from the case but retained Bayani. while there may be a trial. So both the owner and the driver were declared in default. After the trial. there will be two conflicting decisions: “Bayani is in default and thus. EXAMPLE: Gary filed a case against Bentong and Bayani based on a promissory note on a loan secured by both. ACOSTA (134 SCRA 185 [1985]) reiterating the case of LIM TANHU vs. Subsequently. That is when there is no common cause of action. the defaulted defendant so that Gary can secure an immediate judgement. He impleaded all of them – the driver. When there is a common cause against two or more defendants. the ruling in ACOSTA should not be confused with the ruling in IMSON vs. To drop Bentong means that the cause of action against him is weak. The case was tried based on Bentong’s answer. However.” Do you mean a loan is paid and at the same time unpaid? That’s absurd! But take NOTE that to apply the principle. Why should one drop somebody if a case against such person is meritorious? If such is the fact. The claim was very big so the insurance company offered to give the amount. Bentong might be absolved from liability but the defaulting defendant Bayani will be held liable because Bentong’s answer does not cover Bayani. and Bayani defaulted. Bentong filed an answer but Bayani defaulted. Bentong proved such defense. and there is no more loan as far as Bentong is concerned. COURT OF APPEALS [1996 BAR] 239 SCRA 58 [1994] FACTS: Imson was driving a Toyota Corolla when he was bumped by a Hino Truck causing injury to Imson and totally wreaking his car.On the other hand it is absurd if the answer of Bentong will not benefit the defaulting defendant. the bus company owner and the insurance company. Bentong answered alleging payment. “Bahala ka sa sobra. there must be a common cause of action. Selection is not allowed. If there is no cause of action.” . should pay the loan. Suppose. If you say that Bayani should lose because the answer of Bentong will not benefit Bayani. lmson and the insurance company entered into a compromise agreement wherein the latter paid him P70. the answer of Bentong is only for him. you drop the case against all. In the case of CO vs. necessarily the cause of action against the other is also weak the fact there is actually a common cause of action. 000 claim as proved? . the omission would not cause the dismissal of the suit against the other defendants. The court required the plaintiff to present his evidence and during the trial. the case would still proceed without prejudicing the party not impleaded. clearly. Concededly. Yaaann! ISSUE #2: Is the insurance company an indispensable party? Because if it is so and he is removed from the case.) The default judgment should not award unliquidated damages. ISSUE #1: Is there a common cause of action among the three of them? HELD: The owner is wrong. Even without the insurer. however. Can the court award P500. the truck driver is an indispensable party to the suit. The liability against the owner is also based on quasi-delict but on another provision of the Civil Code – Article 2180 (the liability of the employer for the delict or wrong of the employee) So.” “Thus. (5a. is not an indispensable party. They are merely necessary parties to the case.000.000 total claim. The cause of action against the driver is based on quasi-delict under Article 2178 of the Civil Code. The other defendants. the dismissal of the case against the insurance company should likewise result to the dismissal of the case against them citing the case of ACOSTA and RAMOLETE. the case cannot proceed without him. There is NO common cause of action. It is easy to see that if any of them had been impleaded as defendant (meaning. the claim is P300.” It is a necessary party. The insurance company is not an indispensable party. if petitioner did not sue the insurance company. . Now. there no common cause of action among them. arguing that since they are all indispensable parties under a common cause of action.A judgment rendered against a party in default shall not exceed the amount or be different in kind from that prayed for nor award unliquidated damages.) The default judgment should not exceed the amount prayed for in the complaint. the trial court would not lose its competency to act completely and validly on the damage suit. the insurance company or the owner were impleaded).So when the case (between Imson and the insurance company) was eventually dismissed because of the compromise agreement. 8. The insurer. Q: In the complaint. So.) The default judgment should not be different in kind from that prayed for in the complaint. The defendant defaulted. the latter proved P500. 7. “It is true that all of Imson’s claims in civil case is premised on the wrong committed by defendant truck driver. (d) Extent of relief to be awarded. cannot be categorized as indispensable parties. the cause of action against the insurance company is not based on quasidelict but based on contract because he seeks to recover liability from the insurance company based on the third-party liability clause of the insurance contract with the company. HELD: NO. the liability of the owner and the driver is based on quasi -delict but under separate provisions of the Civil Code. R18) This is what we call LIMITATIONS on a default judgment: 6. the bus company owner also moved to dismiss the case against him and the driver. 000.000 because if I file my answer. (80 Phil 166). or excusable negligence (FAME) and that there is a meritorious defense. if you file a case against me for P200. if you knew that would be the case. GO FAY. he failed to file his answer. and that the claim is fair. Now if a person is declared in default. the reason. At least.000 as prayed for in the complaint. the contingency is paragraph [d] – rest assured that the judgment will not exceed the amount or be different in kind from that prayed for. Q: Suppose during the trial.000 damages and then I thought its fair. Therefore.) He had a meritorious defense and he wanted to answer but for one reason or another beyond his control. the costs could increase. What should be the amount of the default judgment? A: Only P200. Q: If the defendant filed an answer but failed to appear during trial. what will happen? A: The case will proceed and there will be a presentation of evidence EX-PARTE. what may be the reasons behind that? Why did he not file an answer? A: In the case of LIM TOCO vs. In other words. Default means the defendant failed to file an answer despite the fact that he was properly summoned.000 was proved. when I received the judgment it was already P2 million when the complaint was only for P200. it is also possible that an Ex Parte presentation of evidence will be ordered. So I allowed myself to be defaulted because anyway its only P200.000 as proved because it did not exceed the amount prayed for in the complaint. Now. you will not be surprised. its unfair. Q: In the second possibility – the defendant had a defense and wanted to file an answer but failed to file an answer. Now suppose he did not answer because he thinks the claim is fair and so he will just pay. And if he will make an answer. 5. accident. there are two (2) possible reasons: 4. the rule is. So. Hence.) Defendant deliberately did not answer because he believed that he had no good defense. Then. only P200. Q: If a defendant failed to file an answer. Just imagine.A: NO. you proved that the damages were in fact P2 million. Yaannn! FUNDAMENTAL REASON ON THE RULE ON DEFAULT What is the reason behind this? You have to know the philosophy on default to understand the reason behind paragraph [d]. then you would have fought it out. mistake. It should only be P300. the default judgement cannot exceed the amount prayed for in the complaint although it may be less than it. still he will not win and would just incur expenses. what is the remedy of such defendant? A: It is paragraph [b] – file a motion to lift the order of default and state the reasons beyond one’s control – fraud. . And then during the trial. na-default na titirahin mo pa ng unliquidated damages. one’s standing in court is not lost. Q: What is the difference between UNLIQUIDATED damages and LIQUIDATED damages? A: UNLIQUIDATED DAMAGES are those which are still subject to evidence before it can properly be awarded such as the presentation of receipts in terms of actual damages. paragraph [d] applies – the judgment cannot exceed the amount or be different in kind from that prayed for in the complaint. the secretary of the committee which drafted this. Obviously liquidated ones can be.” But I said that there is something wrong here. a greater amount than that prayed for in the complaint. The amount is already fixed based on the contract price and the penalty provided and such other circumstances as stipulated. however.” This is because when there is an ex parte presentation of evidence due to failure to appear in trial. Daniel Martinez asked for comments on the New (1997) Rules. In the latter. They added new (third) limitation – Unliquidated damages cannot be awarded in default judgment. the limitations in paragraph [d] does not apply. He said it was Justice Feria’s idea. J. the award may exceed the amount or be different in kind from that prayed for. or a different nature of relief may be awarded so long as the same are proved. the contractor is liable for P10. Section 3 [d] of Rule 9 provides that the judgment against the defendant should not exceed the amount or be different in kind from that prayed for. “It may be pointed out that there is a difference between a judgment against a defendant based on evidence presented ex-parte pursuant to a default order and one based on evidence presented ex-parte and against a defendant who had filed an answer but who failed to appear at the hearing. asking him who placed the provision there. Feria said. LIQUIDATED DAMAGES are those which are already fixed and proof or evidence to establish the same are not required. Therefore in this case. BUT if there’s an ex-parte reception of evidence against a defendant who filed an answer but FAILED TO APPEAR during the trial. For EXAMPLE: You filed a case against me . or taking of testimonies to determine mental anguish or besmirched reputation in cases of moral damages. Something is wrong here. HE can still present evidence later to refute the plaintiff’s evidence. In judgement by default. In the former. COURT OF APPEALS 215 SCRA 230 [1992] ISSUE: What is the difference between ex-parte presentation of evidence by virtue of default judgment AND ex-parte presentation of evidence by failure to appear during the trial HELD: In reception of evidence due to DEFAULT ORDER.000 for every day of delay. this third limitation is one of the provisions that I criticized. Now. Last September 1997 during the BAR exams. I told him about the new Rules on Default. the former clerk of court of the SC. It should not be here. He simply waived the rights attached on particular hearing but not to all subsequent trials. An example is an obligation with a penal clause like an agreement to construct a house and upon failure to finish the same within a stipulated period.MANGELIN vs. he actually loses his standing in court. “Kawawa naman kasi yung tao. 48. R18) This refers to marital relations referred to in the Family Code: Annulment of marriage. That is why I’m against this change here. and if there is no collusion. the court can never award the damages. husband and wife quarrels and then they decide to separate. In any case. etc. they have placed the defaulted defendant in a better position when he will file an answer because if he files an answer and goes to trial. the same is legitimate. And most damages are usually those unliquidated damages. Now. So. Wife will file a case for legal separation with the agreement that the husband will not answer. Family Code. We already know that there should be presentation of evidence. I will never answer para pag ma-default ako. there will be a judgement in default and in a month’s time marriage will be severed for the meantime. I will win the case simply because there is no way for the court to award the damages.If the defending party in an action for annulment or declaration of nullity of marriage or for legal separation fails to answer. Relate this provision of the rule to Articles 48 and 60 of the Family Code: Family Code. The fiscal is responsible to see to it that the evidence is not fabricated. moral . The provision then prohibits default in marital relations cases to preserve and uphold public policy. if he allows himself to be defaulted. . In all cases of annulment or declaration of absolute nullity of marriage. the court can never award those damages. And the policy of the State is to preserve the marriage and not encourage break-ups. he might lose. my strategy now would to have myself declared in default because anyway. So. No decree of legal separation shall be based upon a stipulation of facts or a confession of judgment. Q: What if the party did not really file an answer? A: The court is bound to find out whether there is a collusion between the parties – whether the act is deliberate without agreement. In other words. eh baka ma-award pa. . Art.na puro damages – compensatory . Legal Separation. no judgment shall be based upon a stipulation of facts or confession of judgment. In the cases referred to in the preceding paragraph. the court shall order the prosecuting attorney to investigate whether or not a collusion between the parties exists. in the absence of this provision. So. the court shall order the prosecuting attorney or fiscal assigned to it to take steps to prevent collusion between the parties and to take care that the evidence is not fabricated or suppressed. and I believe I will lose the case if I go to trial. Art. (e) Where no defaults allowed. Declaration of nullity of marriage. in an action for damages. 60. And the law requires the State to intervene. This is the effect of the new limitation. to intervene for the State in order to see to it that the evidence submitted is not fabricated. Because if I will answer. the court shall order the prosecuting attorney or fiscal assigned to it to appear on behalf of the State to take steps to prevent collusion between the parties and to take care that the evidence is not fabricated or suppressed. Being in default. In other words. those unliquidated damages cannot be awarded by default. (6a.  . without regard to technicalities. As a matter of fact. Q: What is the policy of the law on amendments? Should it be encouraged or discouraged? If a party wants to amend his complaint or answer. Section 5: Sec. So you can amend by removing something. but on the date when he is included in the amended complaint. But as far as Tikla is concerned. there are provisions where amendments have already been touched upon. (1) What do you understand by amendment? The general meaning of amendment is change. an entire sentence. 1. adding something. irrespective of whether the motion for its admission. When is the case deemed commenced? A: According to Rule 1. if necessary. Amendments in general. You can amend by removing an entire paragraph. . As a matter of fact. as far as Jacques is concerned. According to the SC. is denied by the court. or a word. So that is what amendment is all about. So in other words. the inclusion of an additional defendant party is an amendment. if I file a complaint against A. the additional defendant. 5. Now can we amend pleadings. you correct a mistake in the name of a party or inadequate allegation or description in any other respect. and in the most expeditious and inexpensive manner. a phrase. should the court be liberal in allowing the amendment or should it restrict. Tikla. the amendment does not retroact to the date of the filing of the original action. or changing something by substituting another word. any type of change – you can add a word or a sentence or you strike out an allegation or you add or strike out a party. if you correct only one letter.. the original defendant. Q: How do you amend a pleading? A: Well. amendments to pleadings are favored and should be liberally allowed in order (a) to determine every case as far as possible on its actual merits without regard to technicalities. and not allow the amendment? A: Section 1 says that the purpose of amendment is that the actual merits of the controversy may speedily be determined without regard to technicalities. change it? Yes. . and in the most expeditious and inexpensive manner. before reaching Rule 10. Q: Suppose I will file a case against Jacques today. January 9. Section 5. If an additional defendant is impleaded in a later pleading. the action is commenced with regard to him on the date of the filing of such later pleading. the case against him is commenced today.Rule 10 AMENDED AND SUPPLEMENTAL PLEADINGS Part I. one of which is Rule 1. then one month from today I will file another complaint to include an additional defendant.Pleadings may be amended by adding or striking out an allegation or the name of any party. that is already an amendment. so that the actual merits of the controversy may speedily be determined. AMENDMENTS Sec.A civil action is commenced by the filing of the original complaint in court. then later on I will include another defendant. or by correcting a mistake in the name of a party or a mistaken or inadequate allegation or description in any other respect. the case is commenced not upon the filing of the original complaint. as a general rule. Commencement of action. So. (b) to speed up the trial of cases.) a formal amendment. Aug.) An amendment as a matter of right. He would like to change his complaint or change his answer. AMENDMENT AS A MATTER OF JUDICIAL DISCRETION simply means that the court may or may not allow the amendment. . TYPES OF AMENDMENTS: The following are the important points to remember here: FIRST. and Amendment as a MATTER OF JUDICIAL DISCRETION AMENDMENT AS A MATTER OF RIGHT simply means that the party has the unconditional action or right to amend his pleading. AMENDMENT AS A MATTER OF RIGHT Q: When is amendment a matter of right? A: Section 2: Sec. 2.) a substantial amendment These are the same classification under the Rules on Criminal Procedure under Rule 110. The court has no right to prevent him from amending. You cannot normally stop the party from ventilating his real cause of action or his real defense so that the rule is that amendments should be liberally allowed in the furtherance of justice and that the real merits of the case will come out in court. So the other party has the right to oppose. at any time within ten (10) days after it is (2a) PROBLEM: I am the plaintiff. The opposite party has no right to oppose the amendment. 1960) EXAMPLE: The plaintiff files his complaint or the defendant files his answer and then later on he realizes that his cause of action is wrong or that his defense is wrong. 31. All he has to do is amend his complaint or answer. or g.A party may amend his pleading a matter of right at any time before a responsive pleading is served the case of a reply. 27. there are two types of amendment of pleadings under the rules: 1.) An amendment as a matter of judicial discretion SECOND. once as or. or 2. Amendment as a MATTER OF RIGHT. Nov. GSIS. L25603. That is what you have to remember about concept of amendments and the policy of the rules on amendments. Cese vs. an amendment could be f. 1968. The court cannot stop him from changing his complaint or changing his answer because the purpose of litigation is: the real nature of controversy will be litigated in court. in served. I want to amend my complaint. L-135814. I file a complaint. When is the amendment a matter of right? . (Verzosa vs. Amendments as a matter of right. Verzosa. and (c) to prevent unnecessary expenses. ) Before an answer is filed (Complaint).) Before a reply is filed or before the period for filing a reply expires (Answer). and 4. and an opportunity to be heard. the plaintiff may change his complaint at any time. it can be done anytime. that is Section 3: Sec. Formal amendments. and after notice to the adverse party. 3. substantial amendments may be made only upon leave of court. Q: Is there any other instance when amendment is a matter of right even if there is already an answer or even in the middle of the trial the party can still change his pleading and it seems that the court should allow it? A: Yes.Except as provided in the next preceding section. provided no prejudice is caused thereby to the adverse party. 2. the court will order the amendment. 3. Amendments by leave of court. Orders of the court upon the matters provided in this section shall be made upon motion filed in court. He may change it in any manner. A: So under Section 2. at any time before the defendant has filed his answer. the plaintiff can amend his reply at any time within ten (10) days after it is served. . (4a) When the amendment is fairly formal.A defect in the designation of the parties and other clearly clerical or typographical errors may be summarily corrected by the court at any stage of the action.) Formal amendment AMENDMENT AS A MATTER OF JUDICIAL DISCRETION So we will now go to substantial amendments which are a matter of judicial discretion. As a matter of fact it can be summarily corrected by the court at any stage of the action. upon motion or even without motion. . SUMMARY: Amendment as a matter of right: 1. NOTE: Change of amount of damages is only formal because there is no change in the cause of action. when is his right absolute or as a matter of fact right? A: At any time before a reply by the plaintiff is filed or before the expiration of the period to file a reply because a reply may or may be not be filed. at its initiative or on motion. Because anyway that is a harmless correction. when the amendment is FORMAL IN NATURE as found in Section 4: Sec. there is a second instance. substantially or formally. But such leave may be refused if it appears to the court that the motion was made with intent to delay.A: At any time a responsive pleading is served to the complaint. Q: How about the defendant? Suppose he wants to change his answer.) Any time within 10 days after it is served (Reply). Q: How about if you want to amend your reply? You cannot say before a responsive pleading is served because there is no more responsive pleading to the reply. Meaning. 4. (3a) . 96 Phil. PROBLEM: I will file my complaint against you and you will file your answer. Wong vs. So I will have to file a motion in court to allow or admit the proposed amended complaint. Example: a case is filed against the defendant based on a cause of action then trial…trial…then the case is already about to end. 99 Phil.Q: When is an amendment a matter of judicial discretion? A: The amendment must be substantial and the adverse party has already filed and served a copy of his responsive pleading. 791) 1. So the court will hear and decide whether to allow the amendment or not. 508. Or. Yatco. Q: Can it still be done? A: YES. I don’t think the court will agree with that situation because it appears that the motion to amend is already dilatory. Meaning. when can the court refuse to allow the amendment and when can you validly oppose it? A: The following: 1. the court should always allow the amendment because of the liberal policy of the rules. A: Based on established jurisprudence. Q: Assuming that the amendment is a matter of judicial discretion. 10 Phil. Amendments of pleadings should be liberally allowed in order that the real merits of the case can be ventilated in court without regard to technicalities. the motion to amend is dilatory. Carangdang. how should the court resolve it? Assuming that the argument is 50-50 and the court is deliberating whether or not to allow the amendment.) when the amendment is for the purpose of making the complaint confer jurisdiction upon the court (Rosario vs. The liberal policy becomes weaker or is working against you the longer you delay your amendment because it might already be interpreted to . 3. I want to amend my complaint and my amendments is not merely formal but something substantial. So the court will always lean on allowing a pleading to be amended. After you have filed your answer. I don’t think the court will allow it. LIMITATIONS TO THE LIBERAL POLICY IN AMENDMENTS TO PLEADINGS Q: What are the limitations to this liberal policy in allowing amendments? Meaning. BUT this time it is a matter of judicial discretion. like my cause of action will not be the same anymore. Mercado. I will furnish a copy of the motion to my opponent together with a copy of the amended complaint and the other party has the right to oppose the amendment.) when the amendment is to delay the action (Section 3). That’s too much. 2.) WHEN THE AMENDMENT IS TO DELAY THE ACTION The second sentence of Section 3 says that such leave may be refused if it appears that the motion was made with intent to delay. the defendant will say that he would like to change his defense. Then the plaintiff says he wants to amend his complaint and change his cause of action. That is the liberal policy.) when the amendment is for the purpose of curing a premature or non-existing cause of action (Limpangco vs. Why did it take you one year to realize that your cause of action or your defense is wrong? So that is a limitation where the court may refuse to apply the principles on liberality. 845). It must be with leave of court. So. 2. even if you alter you cause of action or defense. Where should I file the complaint? MTC. 913) The implication here is that. How can you allow something when you do not have the authority to act? My golly! . The rule here is when in its face. So I will amend the complaint so that the court will have jurisdiction. there is another limitation found in the old rules that is gone here. the court has no authority to act in the case. 49 Phil.” That is why these are enough reason to delete that limitation. jurisdiction by the court cannot be conferred by amendment when the original complaint shows that the court has no jurisdiction. Well. it cannot be done.001. So I will amend my complaint and change the complaint and say that my claim is P100. “Courts are not precluded from allowing amendments of pleadings even if the same will substantially change the cause of action or defense provided that such amendments do not result in a substantial injury to the adverse party. the rule is not absolute.) WHEN THE AMENDMENT IS FOR THE PURPOSE OF MAKING THE COMPLAINT CONFER JURISDICTION UPON THE COURT In other words. and that is : That the amendment will not be allowed if it will SUBSTANTIALLY alter the cause of action or defense (Torres vs. In fact. But if you want to change it before the trial. the complaint shows that the court has no jurisdiction over the subject matter.” It is discretionary. But if you are going to change your cause of action or defense when the trial is almost over. According to the SC. The obvious purpose of the amendment is to make the case fall within the jurisdiction of the RTC.000. This is due to the permissive character of said rule [which provides: “may refuse”]. since amendment is favored. hindi na puwede because that will be dilatory. But despite the fact that there is only one limitation now left. Tomacruz. And if you move to amend it and ask the court to allow the amendment. that will not be allowed.00. But the court can’t allow it because the court has no authority to act. you should not prevent the other party provided that it is not dilatory. you are assuming that the court has the authority to act on the case. based on the original complaint the court has no jurisdiction over the subject matter. That’s why this limitation disappeared. For EXAMPLE: I will file a complaint for an unpaid loan and the amount is exactly P200. So the court even is not authorized to allow the amendment because it has no authority to act in the first place. LOOD 148 SCRA 452 HELD: “While the Rules of Court authorize the courts to disallow amendment of pleadings when it appears that the same is made to delay an action or that the cause of action or defense is substantially altered thereby. even if it is substantial in nature. this Court has ruled that amendments to pleadings are favored and should be liberally allowed in the furtherance of justice. Now if you will notice.000 only. that it still allowed. But by mistake I file it in the RTC and later I realized that the case should have been filed in the MTC because the jurisdiction of the RTC should be above P200.be dilatory. And the definition of this limitation is a confirmation of what the SC said in some cases like the case of MARINI-GONZALES vs. it is conceded that there are still limitations not found in the law which have remained intact. 273. then the interruption of the prescriptive period retroacts on the date of the filing of the original complaint. 1956) EXAMPLE: I will file today a case for damages arising for quasi-delict. Is that a different cause of action? Yes. on February. no different cause of action is introduced in the amended complaint. when is the prescriptive period for filing the action interrupted? Upon the filing of the original complaint or upon the filing of the amended complaint? A: It DEPENDS upon the nature of the amendment: u. on its very face. 67 Phil. you are creating something out of nothing. BAR QUESTION: How do you distinguish a NON-EXISTENT cause of action from IMPERFECT cause of action? A: The following are the distinctions: 9. 508. Mercado. 428) v.G. 10 Phil. Mallari. 371). Aguilar. not this month.) If the amendment introduces a new and different cause of action. then the prescriptive period is deemed interrupted upon the filing of the amended complaint. Aguilar. CO. there is no cause of action. 508) whereas In an IMPERFECT cause of action. 3. L-5625. 34 Phil. Gibbon. there is no case. Suppose I will amend my complaint next month. Now how can you create a delict or wrong by amending your complaint? In effect.) a NON-EXISTENT cause of action is not curable by amendment (Limpangco vs. March 16. (Pangasinan Trans. BAR QUESTION: Suppose the filing of the complaint will lapse on January 20 and I will file the complaint today so the running of the period will be interrupted. Phil. 113) whereas an IMPERFECT cause of action is curable by amendment (Alto Surety vs. Farming Co. Surigao Mine vs. Dir. so the prescriptive period for culpa contractual is deemed filed next month. 81 Phil. And then one or two months from now I will amend my complaint from damages arising from culpa aquiliana to damages arising from culpa contractual. 180.) In a NON-EXISTENT cause of action. a delict or wrong has already been committed and alleged in the complaint.So according to the SC. Ramos vs. . the court has only one authority and its only authority is to dismiss the case. March 16. vs. Maniago vs. 1945). and 10.) But where the amendment has not altered or changed the original cause of action. 52 O. (Ruymann vs.. there is yet no delict or wrong committed by the defendant (Limpangco vs. There is no delict or there is no wrong. but he cause of action is incomplete (Alto Surety vs. 10 Phil. of Lands. So with that an amendment cannot confer jurisdiction. October 31. Mercado. 68 Phil. L-5625. when its on very face the complaint shows that the court has no jurisdiction. Harris. because that is a different cause of action. Question: Is prescription properly interrupted? When an original complaint is amended later.) WHEN THE AMENDMENT IS FOR THE PURPOSE OF CURING A PREMATURE OR NONEXISTING CAUSE OF ACTION Meaning. 1945. is amendment still allowed? Can the prosecution still amend? A: YES. Can it be done? YES. But in civil cases. (5a) Q: May issues not raised in the pleadings be tried in court during the trial? A: As a GENERAL RULE. EXAMPLE: The prosecution files an information against you for homicide and then the prosecution wants to agree to murder. the prescriptive period is deemed interrupted as of the date of the filing of the original complaint. AFTER the accused had already entered his plea to the original charged. EXCEPTION Sec. and my claim is one million. If evidence is objected to at the trial on the ground that it is not within the issues made by the pleadings. Such amendment of the pleadings as may be necessary to cause them to conform to the evidence and to raise these issues may be made upon motion of any party at any time. The court may grant a continuance to enable the amendment to be made. For as long as there is no responsive. There is some difference in the rules. Next month I amend my complaint for damages from one million pesos to two million pesos. pleading the amendment is a matter of right whether in substance or in form. where he pleads either guilty or not guilty. the amendment of information is a matter of right. either in form or in substance. That’s why there is no such thing as surprise defense because a defense that is not raised is deemed waived. So it is almost the same as in civil cases. an amendment can either be formal or substantially received. for as long as the accused has not yet entered his plea. it is still the same cause of action—culpa aquiliana. How do you differentiate the amendment of a pleading. . Under the rules on criminal procedure. But what is allowed is only formal amendment. Substantial amendment is 100% prohibited in criminal cases. The accused is not obliged to file answer but the counterpart of answer in criminal cases is the plea. The court has no jurisdiction over the issue. but failure to amend does not affect the result of the trial of these issues. When issues not raised by the pleadings are tried with the express or implied consent of the parties. Did I change my cause of action? No. the court may allow the pleadings to be amended and shall do so with liberality if the presentation of the merits of the action and the ends of substantial justice will be subserved thereby. And under the rules of criminal procedure. Amendment to conform to or authorize presentation of evidence. a defendant during the trial is not allowed to prove a defense that is not raised in the pleadings based on Rule 9. 5. at anytime before the arraignment or before he enters plea. they shall be treated in all respects as if they had been raised in the pleadings. under the rules on civil procedure and the amendment of a criminal complaint or information in criminal cases? Take note that there is no Answer in criminal cases. Therefore. OBJECTIONS AND DEFENSES NOT RAISED ARE DEEMED WAIVED. Q: Now in criminal cases.EXAMPLE: But suppose I file a case against you for culpa aquiliana. AMENDMENTS TO PLEADINGS IN CRIMINAL CASES Now. even after judgment. Section 1. the classifications of amendments under the rule on criminal procedure are the same because there is such a thing as amendments on the criminal complaints or informations as a matter of right on the part of the prosecution and amendments as a matter of judicial discretion. puwede. is there a valid judgment? A: YES because the law says. They shall be treated in all respects as if they had been raised in the pleadings. they shall be treated in all respects as if they had been raised in the pleadings. So he is now proving the defense of payment.” So. Normally. the main issue was payment not found in the complaint and the answer. the plaintiff agrees that the defendant will prove that the obligation is paid. If you follow Rule 9. baliktad! – it is the pleading which is being amended to conform to the evidence. We can amend the pleadings to make them conform with the evidence. you can amend the pleading in order to harmonize with the evidence. even after judgment. That is what we call the principle of estoppel. there is no mention of payment but in the decision resolved the case on that issue. It is the exact opposite. even after judgment. then it can be done because issues now raised in the pleadings are tried with the express consent of the parties. The pleadings are not in harmony with the decision. The parties are in estoppel because they expressly or impliedly agreed to try an issue which is not raised in the pleadings. He is practically changing his defense. If you read the complaint and the answer. So if it happens. So there might be confusion. the case can now be tried in the issue as if they had been raised in the pleadings. “if the evidence is objected to at the trial on the ground that it was not within the issues made by the pleadings. Q: But suppose the parties never bothered to amend the pleadings. there is a valid trial and the court acquires jurisdiction over the issues because of their implied or express consent. The best example is FAILURE TO OBJECT. The CA will read the complaint and the answer. But suppose the parties during the trial. the evidence should conform to the pleading under Rule 9. Section 1.Q: Is there an EXCEPTION to Rule 9. Normally that is for the benefit of the appellate court in case the decision will be the case will be appealed. That is why the law says: “such amendment of the pleadings as may be necessary to cause them to conform to the evidence and to raise these issues may be made upon motion of any party at any time. the court may allow the pleadings to be amended and shall do so with liberality if the presentation of the merits of the action and the ends of substantial justice will be . In this case. the best example is when the defendant attempts to prove payment and the plaintiff FAILED TO OBJECT. “but failure to amend does not affect the result of the trial of these issues.” So even after the judgment. During the trial. he attempted to prove that it was a loan but it was already fully paid. Section 5 is a relaxation of the rule specifically the first sentence: “when issues not raised in the pleadings are tried with the express or implied consent of the parties. the defendant in his answer raised a defense that the money obtained from the defendants was not a loan but a donation. “wala mang payment dito!” But when you read the decision. So amendment is necessary at anytime. that is not allowed. So there is now an implied consent by the parties. In the case of implied consent. the decision will not jibe with the pleadings. Therefore. The court will now render judgment and discuss the evidence and discuss whether the obligation has been paid or not. Section 1? Can the rule be relaxed? A: YES.” EXAMPLE: In a collection case. Q: So how will you harmonize the two – pleadings and the decision? A: The remedy according to Section 5 is to amend the pleadings. For example. occurrences or events which have happened since the date of the pleading sought to be supplemented. So I will allow the amendment. The judge sustained the objection. I am the judge and the defendant never raised the issue of payment in his answer and he is now rising such defense.” Is the objection correct? YES because of Rule 9. However.Upon motion of a party the court may.” ‘Continuance’ means postponement. Part II. While. “You cannot prove a defense that is never raised in your answer. the court may allow the pleadings to be amended and shall do so with liberality if the presentation of the merits of the action and the ends of substantial justice will be subserved thereby. upon reasonable notice and upon such terms as are just. So in other words. may we be allowed to amend our answer so that we will now raise the defense of payment and prove it in court?” Can the court allow the defendant to amend his answer in the middle of the trial just to prove a defense that is not raised? A: The rule says YES. why are you afraid? Anyway.” EXAMPLE: The defendant during the trial attempted to prove the obligation that it is paid. Section 1 is a rule of law. 6. That is why you can say that the power of the court in enforcing the Rules of Court is very wide. The plaintiff’s lawyer will now object and alleged that he cannot prove such defense for he never raised it in his answer. So I will allow the amendment. The plaintiff will object to the amendment. The adverse party may plead thereto within ten (10) days from notice of the order admitting the supplemental pleading. Q: But the defendant said. “You cannot prove that defense because you never raise a defense of payment in your answer. It means. “If that is so your honor. he cannot prove it. The defendant never paid it. Section 1 – objections and defenses not raised in the answer are deemed waived. The judge will ask the plaintiff. Section 5 is a relaxation of that law on technicality. postponement of the case to allow the defendant to amend his answer first.” answered the plaintiff. The plaintiff now will be in bad faith. The lawyer of the plaintiff is alert and objected thereby. in any way my ruling is correct because I know how to apply the rule. There is no express or implied consent. SUPPLEMENTAL PLEADINGS Sec. The court affirmed the plaintiff that one cannot prove the defense of payment because you never raised it in your answer. “the court may grant a continuance to enable the amendment to be made. The last sentence. Section 1. The defendant will now move to be allowed to amend the pleading so that I raised that defense. So if the defense is false. Section 5 is a rule more on equity. “is the obligation paid?” “NO. (6a) .subserved thereby. Rule 9. So the court will allow the amendment and shall do so with liberality… so LIBERALITY should be the rule on amendment. .” Q: Is my ruling correct? A: YES because of Rule 9. Supplemental pleadings. permit him to serve a supplemental pleading setting forth transactions. if the plaintiff will answer that the defendant has already paid the obligation but that he never raised such matter in his answer. A SUPPLEMENTAL pleading contains transactions. or excusable neglect. could not have been raised in the original pleading. The amended substitutes the original. for the first part is the amended pleadings. occurrences or events which were not in existence at the time the original pleading was filed but which only happened after the filing of the original pleading and therefore. – A counterclaim or cross-claim which either matured or was acquired by a party after serving his pleading may. Section 10. there are now two (2) pleadings which stand side by side in the case – the original and the supplemental pleadings. While the case is pending. with the permission of the court. If he wants to raise it. set up the counterclaim or cross-claim by amendment before judgment. the amended pleading supersedes the original pleading. – When a pleader fails to set up a counterclaim or a cross-claim through oversight. The following are the distinctions: FIRST DISTINCTION: As to the allegations An AMENDED pleading contains transactions. by leave of court. These provisions emphasize the difference between an amended pleading and a supplemental pleading – how do you raise a counterclaim or cross-claim which was not raised earlier? Is it by amending the pleading or by filing d supplemental pleading ? And that applies also to an answer where the defense or the transaction or the cause of action supervened later. SECOND DISTINCTION: As to effect In an AMENDED pleading. the other installment became due. Nanding will now file a supplemental pleading and as a result. there will be two (2) complaints for P100. In effect. .000 payable in 2 yearly installments. inadvertence. Whereas. When a SUPPLEMENTAL pleading is filed.The second part of Rule 10 is the supplemental pleading. Mortz failed to pay the first installment. but which the pleader failed to raise in the original pleading because. The original pleading is deemed erased. Omitted counterclaim or cross-claim. the original pleading no longer exists. Counterclaim or cross. he may. Q: How do you distinguish an AMENDED pleading from a SUPPLEMENTAL pleading? A: Of course. occurrences or events which already happened at the time the original pleading was filed and could have been raised at the original pleading. or when justice requires. he must amend the pleading. Nanding filed a case. be presented as a counterclaim or cross-claim by supplemental pleading before Judgment. it does not supersede the original pleading. So from the viewpoint of the law. That is the distinction emphasized in the New Rule – Rule 11. Whereas.000 each. the similarity between the two is the existence of ORIGINAL PLEADING. Rule 11. Sections 9 and 10: Rule 11. Section 9.claim arising after answer. oversight or inadvertence or inexcusable negligence. EXAMPLE: Mortz borrowed from Nanding P200. ISSUE: Is there a proper supplemental complaint? HELD: NO. So the bank sued Karen on the first promissory note. the second loan became due. admissions in superseded pleadings may be received in evidence against the pleader. After few months. there are two separate loans independent of each other as a matter of fact the stipulations are not identical. So the bank sought to file a supplemental complaint against Karen to collect the second loan. let us cite cases which are relevant to our topic on supplemental pleadings.An amended pleading supersedes the pleading that it amends. But if the original pleading is now superseded. there are many types of loans secured in different terms and conditions. Now. if a pleading is amended and the amended pleading does not contain the admissions contained in the original pleading. and claims and defenses alleged therein not incorporated in the amended pleading shall be deemed waived. Karen went back to the bank and secured a second loan – agricultural loan with another promissory note. But if I want to bring it to the attention of the court an admission which is not found there (in the amended pleading). In this case. The maturity of the second loan happened after the filing of the first pleading sought to be supplemented. . When the case was still going on. There is always leave of court. Normally. any admission that you make in your pleading binds you under the doctrine of judicial admission where the evidence need not be given . Karen failed to pay. “A supplemental complaint must based on matters arising subsequent to the original complaint RELATED to the claim presented therein and founded on the same cause of . the original must be offered in evidence to prove an admission found in the original but not anymore in the amended one.Rule in EVIDENCE: In an amended pleading. A promissory note was issued payable next year. Effect of amended pleadings. Although the plaintiff and the defendant are the same. you do not offer in evidence a pleading because the court takes judicial notice of everything stated in there. The rule is. whereas The filing of a SUPPLEMENTAL pleading is always a matter of judicial discretion under Section 6. LEOBRERA vs. all your admissions and evidence no longer exist because remember under the rules on Evidence. It is improper. That is related to the rule in evidence that what need not be proved: judicial notice. THIRD DISTINCTION: The filing of an AMENDED pleading could be a matter of right or of judicial discretion under Sections 2 and 3. When the first note became due. the judicial admission is now converted into an extra-judicial admission and therefore the court will no longer take judicial notice of that. However.as if it is taken judicial notice of. judicial admissions. That principle in now found in Section 8: Section 8. It cannot be the subject matter of a supplemental complaint. COURT OF APPEALS 170 SCRA 711 FACTS: Karen went to the bank and obtained a loan – housing loan. I have to formally offer in evidence the original pleading. the Home Development and Mutual Fund (HDMF) sought a public bidding on who will be the company who shall provide janitorial services to the offices of the HDMF for the year 1990.action. the case is still not yet decided. exemplary damages and attorney’s fees.” “To begin with. money claim na lang dahil moot and academic na eh. which was for the execution of a contract in petitioner's favor. First installment is on February for P200. So the plaintiff filed a case against me to collect the first installment. What Superclean did was to file a supplemental complaint in 1991 alleging that because the contract of service was the furnishing of janitorial services for the year 1990. occurrence or event happening since the filing of the pleading. ISSUE: Is the filing of supplemental complaint proper in order to seek a different relief in view of developments rendering the original complaint impossible of attainment? HELD: “The transaction. So. Plaintiff moved to file for the supplemental pleading. So. the delay in the decision of the case has rendered the case moot and academic without Superclean obtaining complete relief to redress the wrong committed against it by HDMF which relied now consists of unrealized profits. COURT OF APPEALS 258 SCRA 165 [1996] FACTS: Superclean Service Corp. The problem was that 1990 already ended and the case was still on-going. vs. Q: Is that proper? A: YES because these are not two separate loans but one loan and the installments are interrelated. A good EXAMPLE for a supplemental complaint is when I borrow money from you for P600. A government corporation. which is sought to be supplemented. Superclean filed in the RTC of Manila a complaint for mandamus and certiorari against HDMF alleging that at public bidding for janitorial services for the year 1990.” It cannot be used to try of another matter or a new cause of action. Superclean sought the payment of damages to it. the HDMF refused to honor the award. This being the case. is a company engaged in janitorial services.000. It was suppose to start providing the service for the year 1990. Superclean won as it was the lowest bidder. However.000 payable in three installments. but to say that. the supervening event is not invoked for that purpose but to justify the new relief sought. In fact the second installment again fell due. on November 8. must be pleaded in aid of a party's right of defense as the case may be. When the first installment fell due. So it was already rendered moot and academic. 1989. to award the contract to 'hem.000. While the two cases are still pending. second installment is on April. what was alleged as a supervening event causing damage to Superclean was the fact that the year for which the contract should have been made had passed without the resolution of the case. petitioner's demand could no longer be enforced. The supervening event was cited not to reinforce or aid the original demand. thus justifying petitioner in changing the relief sought to one for recovery of damages. Instead of pursuing its prayer for mandamus. precisely because of it. I did not pay. There is no acceleration clause. the last installment fell due and again there is failure to pay. SUPERCLEAN SERVICES INC. [That’s the purpose of the supplemental pleading – in aid of the party’s cause of action or defense] But in the case at bar. it won as the lowest bidder but HDMF refused without just cause. . In April. and the last installment is on June for the last P200. so there is another supplemental complaint. However. the original pleading is already non-existent.” You are actually changing the relief so that the correct remedy is not a supplemental complaint but an amended complaint. .An amended pleading supersedes the pleading that it amends. (7a) When a party files an amended pleading. Now. sentence by sentence. If no appropriated mark is provided the court and the lawyer has to compare everything. admissions in superseded pleadings may be received in evidence against the pleader. shall be filed. Now.” So. but rather to amend its complaint. The purpose for such marking is for the court and the opposing party to immediately see and detect the amendment. This is for convenience for the parties and the court.petitioner's remedy was not to supplement. incorporating the amendments. This rule will be considered in the study of EVIDENCE. EXAMPLE: A party would to insert an entirely new paragraph. you call it a supplemental complaint. normally. the amendments should be indicated by appropriated marks. require him to file an amended complaint. second distinction) The first sentence is one of the distinctions between an amended pleading and a supplement pleading.  . meaning. the so-called Supplemental Complaint filed by petitioner should simply be treated as embodying amendments to the original complaint or petitioner may be required to file an amended complaint.When any pleading is amended. if there are underlines. Sec. if you want to bring to the attention of the court the statement found in the original pleading. Effect of amended pleadings. From procedural viewpoint. The court will no longer consider anything stated there. so that the court will not consider it anymore. Filing of amended pleadings. he removes such statement. the amended portion is underlined. which shall be indicated by appropriate marks. line by line. (Section 8: See discussion on Section 6 on distinctions between an amended and supplemental pleading. paragraph by paragraph. in his amended pleading. a new copy of the entire pleading. 7. you must offer the original pleading in evidence to consider it all over again. the court will call it as an amended complaint or the other alternative. Section 8. “Be that as it may. EXAMPLE: You say something favorable to me. That paragraph would be underlined. . Such statement is out of the picture. However. the court will just concentrate on the underlined portion. and claims and defenses alleged therein not incorporated in the amended pleading shall be deemed waived. When you receive the complaint today or when you are summoned today. And if the last day is the next working day. the last day to file an answer will be January 28. the allowable period after such . as thus computed. Now. The defendant shall file his answer to the complaint within fifteen (l5) days after service of summons. How to compute time. you start counting the period tomorrow. SECTION 1. or a legal holiday in the place where the court sits. Rule 22) yung the act itself from which the designated period of time where the case will run is to be excluded. I think you know how to apply that. 1. Sections 14. the defendant has 15 days to file his answer. 2. falls on a Saturday. the time shall not run until the next working day. If the last day of the period. Meaning. ito (Section 1. (n) (The following discussions on Rule 22 are taken from the Remedial Law Review Transcription [1997-1998]:) So you see. Answer to the complaint. there is an automatic extension. 1998. include the last day rule” under Article 13 of the New Civil Code. The sheriff of the court will look for the defendant and serve him a copy of the complaint. when you receive the summons. In computing the a period.1998). Sec. the day of the act or event from which the designated period of time begins to run is to be excluded and the date of performance included. “How many days does he have?” There must be a deadline. Here. or by any applicable statute. A: It is done on the next business day. and 16 – yung tinatawag service of summons by publication. The question when a defendant wants to file an answer is. EXAMPLE: If the defendant is served with a copy of the complaint and summons today (January 13. 15. .In computing any period of time prescribed or allowed by these Rules. The procedure is when a plaintiff files a complaint in court. the court will issue summons (which is the counterpart of warrant of arrest in criminal cases). a Sunday. you count one but today is excluded and of course the last day is included.” That would be the EXCEPTION to the 15-day period to file answer. unless a different period is fixed by the court. Let’s give example to the general rule. From that day on. Sec. Such rule is also found in Section 1 of Rule 22 on Computation of Time: Rule 22. “unless a different period is fixed by the court.Rule 11 WHEN TO FILE RESPONSIVE PLEADINGS What are discussed in this rule are periods. when are these instances when the court may fix a different period? They are those mentioned in Rule 14. Rule 11 applies to all persons – natural and juridical such as a corporation. you follow the rule known as “exclude the first. Effect of interruption. (1a) Section 1 is the GENERAL RULE – the defendant has a period of 15 days after service of summons within which to file his answer. Just add 15 days to January 13. or by order of the court. The rules says. Should an act be done which effectively interrupts the running of the period. And then you filed a motion to dismiss under Rule 16 somewhere in between. Now. if you receive the order of the denial now. Therefore. So you have 15 days to file your answer from November 30. the remaining of the period to file an answer is interrupted. For EXAMPLE: We will assume that on November 30 (end of the month). you receive a copy of the order of denial. Why? Akala ko ba the filing of the motion to dismiss interrupts? Now. December 10 is not counted because it is already interrupted. BUT according to LABITAD. you were served with summons by the court. December 21 Deadline to file the Answer . My QUESTION is. So you only count December 1 to 9.” ILLUSTRATION: November 30 Defendant received Summons December 10 Defendant filed a Motion to Dismiss December 15 Motion to Dismiss is denied. they will give the same answer. you continue computing the balance within the remaining period to file your answer. so December 20. that computation is wrong. some people can’t understand this second sentence – “The day of the act that caused the interruption shall be excluded in the computation of the period. a good example of this is period to file an answer which is 15 days. So your deadline to file you notice to appeal is December 21. So actually. you did not consume 10 days but only 9 days. Let us say. your motion was denied. di ba? Now if you ask majority of lawyers here. 1995). CA (July 17. December 10 to December 15 = not counted. (n) Alright. So. Tapos. And when your motion is denied. how many days more do you have or left to file your answer? Five days? How many days did you consume? From November 30 to December 10 = 10 days. This is the illustration of the sentence “the day the act which caused the interruption is excluded in the computation of t tie period. You actually have six (6) days. what is the principle to be remembered here? The filing of the motion to dismiss will now be interrupt the running of the 15-day period. And you still have 5 days.interruption shall start to run on the day after notice of the cessation of the cause thereof. And let us say on December 15 or 5 days thereafter.” Many are wondering kung ano ba ang ibig sabihin nito! The meaning of this is exemplified in the case of LABITAD vs. That is the explanation of the SC in the case of LABITAD – the day you filed your motion to dismiss is already excluded. Now. when did you file your motion? December 10. you filed a motion to dismiss under Rule 16. The day of the act that caused the interruption shall be excluded in the computation of the period. on December 10. Where the plaintiff files an amended complaint as a matter of right. let’s go back to Rule 11: Sec. 10 days. Where the defendant is a foreign private juridical entity and service of summons is made on the government official designated by law to receive the same. and he has 15 days to answer. China Airlines (CAL).) On the other hand. amended third (fourth. EXAMPLES: Sun Life of Canada. and amended complaint-in-intervention. the defendant shall answer the same within fifteen (l5) days after being served with a copy thereof. amended cross-claim.Alright. If the foreign private corporation is doing business in the Philippines. there are two (2) periods – first paragraph. Sun Life of Canada). So it is either 15 or 30 days. Meaning. 15 days. 2.g. the answer shall be filed within thirty (30) days after receipt of summons by such entity. if the foreign corporation does not have any designated resident agent in the Philippines. Like the foreign corporation to be sued is a foreign insurance company (e. then under the Corporation Code. what is the period to answer when the defendant is a foreign private corporation doing business in the Philippines? A: It DEPENDS: 7. a foreign corporation doing business in the Philippines. Sec. (3a) Now. the law may designate any other official. the summons shall be served to the resident agent. second paragraph. But for some types of business. it is the Secretary of the Department of Trade and Industry. Now what is the difference? . Or if it is a foreign bank which has branch here. And the corporation now has 30 days from receipt of summons to file its answer. who is duty bound to transmit it to the head office of the corporation abroad.) When the foreign corporation has a designated resident agent. Answer to amended complaint. what is the period to file an answer to an amended complaint? Under Section 3. Cathay Pacific. etc. Q: Now. 3. the summons shall be served to the government official designated by law to receive the same. Where its filing is not a matter of right. An answer earlier filed may serve as the answer to the amended complaint if no new answer is filed. This Rule shall apply to the answer to an amended counterclaim. the defendant shall answer the amended complaint within ten (10) days from notice of the order admitting the same. then one can sue it here in the Philippines. 8. etc. Answer of a defendant foreign private juridical entity. just like any defendants in Section 1. Q: Now. you serve it to the Insurance Commissioner. In the first place. one cannot sue a foreign private corporation which is not doing business in the Philippines because there is no way that the court can acquire jurisdiction over the person of such corporation.) party complaint. under Insurance Code. (2a) The defendant here is a foreign private juridical entity. you serve the summons to the Superintendent of the Bangko Sentral ng Pilipinas. who is this proper government official designated by law to receive summons? A: Generally. suppose the court issued an order admitting the amended complaint and the defendant is furnished of the copy of the order admitting the amended complaint. even if the plaintiff will not answer. because of the negligence of the defendant. (4) Now. if he wants to answer the amended complaint. my defenses to the original complaint is still applicable. But suppose the defendant has already answered the original complaint and then the plaintiff decides to amend his complaint which under the previous rule. A counterclaim or crossclaim must be answered within ten (l0) days from service. Now. In this case. According to the plaintiff. EXAMPLE: The plaintiff filed a case against the defendant for damages arising from a vehicular collision. the plaintiff’s vehicle was damaged amounting to that much. So. he has 10 days to do it and not 15 days. The period to file an answer to a counterclaim or cross-claim is only ten (10) days from the time it is served. So forget the original period and you have 15 days all over again. can I be declared in default? A: NO. defendant says no and he denied the liability and he files a counterclaim saying. is a matter of judicial discretion. that is when the counterclaim is so intertwined with the main action – they are so intertwined that if the plaintiff would answer the counterclaim. Meaning.Suppose the complaint is amended as a matter of right because defendant has not yet filed an answer. Like when the amendment is only formal. the answer to the original complaint automatically serves as the answer to the amended complaint and therefore the defendant cannot be declared in default. Answer to counterclaim or cross-claim. you have Section 4. So. it would only be a repetition of what he said in his complaint. Now in his answer. A: YES. the third paragraph of Section 3 is new. Therefore. kasama na iyung amended counterclaims. it is the plaintiff . the complaint is served on you and even before you answer it was amended and another complaint is served. the plaintiff does not answer and he cannot be declared in default. So the cause is quasi-delict. not from the service of the amended complaint because the same may not be admitted. So the principle is: if no answer is filed to the amended complaint. because Section 3 provides that the answer earlier filed may serve as an answer to the amended complaint if no answer is filed. I filed an answer to the original complaint but I did not file an answer to the amended complaint. Alright. The 10-day period will be counted from service of the order admitting the amended complaint. if you answer a counterclaim or cross-claim. Q: Suppose I will not file an answer to the amended complaint. why will I answer? In other words. “As a matter of fact. 4. he cannot be declared in default. Sec. there are two (2) periods to file an answer to an amended complaint. Q: What happens if the plaintiff does not answer the counterclaim of the defendant? A: He can be declared in default on the counterclaim. He has still standing to prove his cause of action in the main case but he loses his standing to defend himself in the counterclaim. amended cross-claims. You wait for the order of the court admitting the amended complaint. Q: Are there instances where an answer to a counterclaim is optional? Meaning. then you have 15 days to file your answer counted from the day of service of the amended complaint. he may. can he be declared in default? NO. the filing of a reply is optional. This is related with Section 7. Counterclaim or cross-claim arising after answer. unless a different period is fixed by the court. The computation is again from notice of the order admitting the same. 10. (5a) Sec. Sec. . “NO. tapas na ito ano? We already discussed this before. Answer to third (fourth. 6. A supplemental complaint may be answered in ten (10) days. (8a. Now. with the permission of the court. what will he say? The same. (n) It follows the same rule as in Section 3. (9. I am now claiming damages against him. As a matter of fact. the issue on negligence is being thrown back. Omitted counterclaim or cross-claim. A reply may be filed within ten (l0) days from service of the pleading responded to. R6) Sec. Sec. etc. because if you require the plaintiff to file an answer.). 7. 9. The time to answer a third (fourth. you were the one at fault!” So. second paragraph. Sec. Sec. (3a. or excusable neglect. Reply. When a pleader fails to set up a counterclaim or a cross-claim through oversight. Sections 9 and 10 illustrates the distinction between an amended pleading to a supplemental pleading. Existing counterclaim or cross-claim. Suppose I will not answer the supplemental complaint? The same principle – the answer to the original complaint shall serve as the answer to the supplemental complaint. A compulsory counterclaim or a cross-claim that a defending party has at the time he files his answer shall be contained therein. be presented as a counterclaim or a cross-claim by supplemental pleading before judgment.” So practically. 5. inadvertence.party complaint. A supplemental complaint may be answered within ten (10) days from notice of the order admitting the same. It is already repetitions. (6) If you want to file a reply. 8. R9) Existing counterclaims or cross-claims.). The answer to the complaint shall serve as the answer to the supplemental complaint if no new or supplemental answer is filed.who is negligent. Rule 6. so that is one of the exceptions. And since my vehicle was damaged. But as a general rule. the plaintiff did not answered the counterclaim. R6) One of the requisites to make a counterclaim compulsory is that the defending party has the counterclaim at the time he files his answer. So it follows the same principle as the amended complaint in the second paragraph of Section 3. A counterclaim or a cross-claim which either matured or was acquired by a party after serving his pleading may.party complaint shall be governed by the same rule as the answer to the complaint. etc. Yan. or when justice requires. set up the counterclaim or cross-claim by amendment before judgment. Answer to supplemental complaint. uulitin na naman niya 'yung sinabi niya in his complaint. you have ten (10) days to file. by leave of court. But if a pleader fails to set up a counterclaim or a cross-claim which is already matured when he filed his pleading due to inadvertence or excusable neglect. upon motion and on such terms as may be just. the lawyer will file a motion for extension of time to answer on the 15th. Now what should the lawyer do? A: The lawyer can use the second paragraph. So the extension is usually filed within the 15-day period. The general rule is that the court frowns on default. So in the spirit of liberality. the court may extend the time to plead. Sec.If the counterclaim or cross-claim was acquired by a party after serving his pleading. then he way raise it by way of amended pleading. Upon motion and on such terms as may be just. Q: Now.) Answer 15 days . upon like terms. “The court may also. do it within the original 15-day period. Standard na yan. Do not file your motion on the 16th day because there is nothing to extend. So. (7) The period to file is 15 or 10 days. the court may extend the time to plead provided in these Rules. Q: Now what happens if the lawyer fails to file such a motion? So naglampas na yung 15 days. As such as possible both sides must be heard. or the 13th day. The common reason of the lawyers for the extension is pressure of work – maraming trabaho ba. That’s very common. SUMMARY OF TIME TO FILE RESPONSIVE PLEADINGS PLEADING PERIOD 1. he may raised it by way of supplemental pleading. We usually act during the deadline. the 14th. but the general rule is 15 days. Others are because of the traditional mañana habit. I still have to see a judge na i-deny yan. I failed to file my answer but now it is ready. eh.” Normally.” The correct motion is “MOTION TO ADMIT LATE ANSWER. he will now file an answer. “motion to admit belated answer. Extension of time to plead. the courts here are liberal in allowing extensions. upon like terms. Normally. 11. allow an answer or other pleading to be filed after the time fixed by these Rules. allow an answer or other pleading to be filed after the time fixed by these Rules. And then on the 18th. Practically out of time na yan because the 15-day period already expired and he did not ask any motion for extension. courts are usually liberal in allowing these extensions in time to file answers. The court may also.” EXAMPLE: The deadline is 3 days ago. is the 15-day period extendible? A: YES. Take note that when you file your motion for extension. you cannot understand the allegations. So.) Answer to counterclaim or cross-claim 5. the motion must be filed within ten (10) days from service thereof. purpose. (Section 1) Alright. the paragraphs wherein they are contained.) if as a matter of right b. the paragraphs where they are contained and the details desired. So.) if as a matter of judicial discretion 15 days 10 days 4. EXAMPLE: The plaintiff filed a complaint against you and you are now furnished with a copy by the lawyer of the plaintiff. and uncertain. Q: So what is your remedy? A: The remedy is.) Answer to third (fourth.2.) no designated Philippine representative 15 days 30 days 3. your motion will point out the defects complained of. you have to file your answer. When applied for. You have to understand what the cause of action is all about. you do not want to answer something that you cannot understand.) party complaint 6. (1a) Q: Define Bill of Particulars. Now. ambiguous. you file a motion for a bill of particulars and according to Section 1. you have a hard time preparing your answer. etc. So. let’s go to the application of this remedy.) Answer to an amended complaint a. Before responding to a pleading. Such motion shall point out the defects complained of. So you read the complaint – you notice that the allegations are vague.) with designated Philippine representative b. the allegations are not averred with .) Answer of a private foreign corporation a. A: A bill of particulars is a more definite statement of any matter which is not averred with sufficient definiteness or particularity in a pleading so as to enable the opposing party to prepare his responsive pleading. So. Because according to you. a party may move for a definite statement or for a bill of particulars of any matter which is not averred with sufficient definiteness or particularity to enable him properly to prepare his responsive pleading. and the details desired. instead of answering.) Answer to supplemental complaint 10 days 15 days 10 days 10 days  Rule 12: BILL OF PARTICULARS Section 1. If the pleading is a reply.) Reply 7. uncertain. he can not understand and will ask for more details to clear the ambiguities. citing the detects and ask for the details. we will do to a specific situation and let’s find out whether the defendant could file for a bill of particulars. because how can he prepare an answer if he does not understand the complaint? Aber? BAR QUESTION: Suppose a complaint is ambiguous. the other party should thwart that by asking for a bill of particulars to compel the plaintiff to make the allegations of his cause of action clearer.” Q: Is that a proper motion for a Bill of Particulars? A: NO. So. To preclude the latter from springing a surprise attack later. Oct. The defendant flied a motion for a bill of particulars. indefinite or vague. that the complaint should consist of a concise statement of the ultimate facts. L-14986. In the first place. (Pañgan vs. very general. 29. that is what the bill of particulars is all about. the plaintiff has no obligation . he deliberately make his complaint ambiguous. 1960) The correct remedy is for the defendant to file a motion for bill of particulars. which will ask for more details on these vague portions of the complaint. “The allegations is very broad. Why? Because the plaintiff may deliberately make his allegations vague. ambiguous. SANDIGANBAYAN 180 SCRA 34 [1989] HELD: “The proper office of a bill of particulars is to inform the opposite party and the court of the precise nature and character of the cause of action the pleader has attempted to set forth. Sumaguit. your defenses might be wrong. PROBLEM: Now. I would like to ask for these details to clarify your allegations that you have been in continuous possession of the land for 40 years. and thereby to guide his adversary in his preparations for trial and reasonably protect him against surprise at the trial.” “Its primary objective is to apprise the adverse party of what the plaintiff wants — to preclude the latter from springing a surprise attack later. that is. So. Now. Please tell by way of particulars what are the improvements you introduced for the past 40 years. the primary purpose of the bill of particulars is to apprise the adverse party of what a plaintiff wants. Now. can the defendant file a motion to dismiss? A: NO! A complaint cannot be dismissed simply because it is vague. Evening News. Sinadya ba niya? To confuse you – to mislead you – because you might adopt a different interpretation. He will file a motion for Bill of Particulars. because it is asking for evidentiary matters. It complements the rule on pleadings in general. So the defendant resorts to the Bill of Particulars if the allegations of ultimate facts in the complaint are vague and ambiguous that the defendant will have difficulty in preparing his answer. L-13308.” According to the SC. very vague. If the interpretation turns out to be different.sufficient definiteness or particularity to enable you properly to prepare your responsive pleading that is what it is all about. (Amoro vs. 1962) According to the SC in the case of TAN vs. suppose the pleader says in his complaint that he has been in the possession of the litigated property continuously for forty (40) years. July 31. So. it is not allowed in the pleading. Section 5: Rule 8. So. it must be stated with particularity. EXAMPLE: The plaintiff will sue the defendant for annulment of contract on the ground that the defendant employed FRAUD in getting the consent of the plaintiff. x x x We already studied that provision. The plaintiff said. the motion is to be filed within 10 days. it is the reply of the plaintiff to the answer which is vague or ambiguous. what is sought to be remedied are vague and ambiguous statements of ultimate facts. you go back in Rule 8. So. You better avail of the modes of discovery under Rule 23. that allegation is not sufficient because under Rule 8. the remedy of the defendant is to file a motion for a bill of particulars under Rule 12. So. where the defendant can rightfully ask for more specifics or particulars. I’m asking the plaintiff should give more specifics. So even if the reply is vague. Q: But is it not fair that before trial I should know your evidentiary matters? A: I believe it is fair for the defendant to compel the plaintiff to reveal the details of his ultimate facts but not under Rule 12. You cannot ask for that by way of particulars. request for admission. According to Section 1. because the plaintiff can say. Q: Suppose. It should only state ultimate facts. It is the other way around. So. But you cannot used it to fish for evidentiary matters. let’s give a good example of an instance. Therefore. condition of the mind. But you cannot convert Rule 12 into a modes of discovery. So. mistake. “He got my consent to the contract by fraud.” So it works both ways. “I cannot file my reply. Evidentiary facts cannot be the subject of a motion for a bill of particulars. it can still be the subject of the bill of particulars within 10 days because there is no more responsive pleadings there. So. etc. Q: Suppose. if it is not stated with particularity. because allegations of fraud must be stated with particularity. Sec. the circumstances constituting fraud or mistake must be state with particularity. if the allegation of the plaintiff is simply that the defendant employed fraud. I want to file a reply but I can’t file a reply unless I understand what is your defense. How did I fool you? In what way did I employ fraud? In what way was the fraud exercised?” Q: Now. Suppose ang answer malabo. Therefore. it is the answer which is vague. It is the defendant’s answer which is vague or uncertain. Each rule has its own functions. every pleading which is vague the other party can always compel you to make it clearer. Can the plaintiff file a motion for bill of particulars to compel he defendant to clarify or to particularize his vague answer? A: YES.” The defendant filed a motion for a bill of particulars: “That the defendant employed fraud in getting plaintiff’s consent is vague.—In all averments of fraud or mistake. 5 Fraud. Can the defendant file a motion for bill of particulars to clarify the vague reply? A: YES. . is the motion for a bill of particulars meritorious? A: YES. depositions.to state the evidentiary matters in his complaint. I mean. can move for a bill of particulars to enable him to prepare properly for the trial. But of course. Action by the court. (n) So pag-file mo ng motion for bill of particulars. Eh di mas maganda! Wag ka na lang mag-reklamo! [tanga!] Sec. Section 9 of the Rules on Criminal Procedure. “I cannot understand what the complainant is saying in his affidavit?” The SC said. that is simple! If you cannot understand what the complainant is saying in his affidavit. Q: Now. He wanted to compel the complainant to make his affidavit clearer. If it is the information which is vague. 9. I cannot enter a plea of guilty or not guilty kasi hindi ko maintindihan eh” the accused can file a motion for bill of particulars to require the prosecution to clarify vague portions of a complaint or information. you are given the affidavit of the complainant and his witnesses. you cannot plead. SANDIGANBAYAN (criminal case) 202 SCRA 726 [1991] FACTS: A motion for bill of particulars was filed by the lawyer of the respondent in the fiscal’s office when the case was under preliminary investigation. it is up to the court to call for a hearing or not. And consequently.) Here. Then he must specify the defects. so I cannot intelligently enter my plea. chances are. which is not found in the old rules? . the fiscal also will not understand it. But suppose during the preliminary investigation. If the allegations in the information are also vague and ambiguous. the clerk has the obligation to bring it immediately to the attention of the court and the court can deny or grant the motion immediately. “Paano. There is an identical provision in Rule 116. the affidavit is vague according to the accused. 2. you cannot understand the allegations in the information. CINCO vs. And then you are given 10 days to submit your counter-affidavits. ISSUE: Is Section 9 applicable when the case is still in the fiscal’s office for preliminary investigation? HELD: NO. the clerk of court must immediately bring it to the attention of the court which may either deny or grant it outright. so he is filing a bill of particulars.Q: Is this remedy available in criminal cases? A: YES. “I cannot understand it. Bill of particulars. SEC. or allow the parties the opportunity to be heard. RULE 116. before arraignment. (In preliminary investigation. (10a) The concept is the same.” The accused. It is only applicable when the case is already in court for trial or arraignment. before arraignment. he will dismiss the case. move for a bill of particulars to enable him properly to plead and prepare for trial. what do you think is the reason behind that? Why do you think is this provision here. The motion shall specify the alleged defects of the complaint or information and the details desired. – The accused may. Upon the filing of the motion. Then. Then. suppose the motion is granted. Effect of non-compliance. the court ordered the plaintiff to submit a bill of particulars. then. the court may order the striking out of the pleading or the portions thereof to which the order was directed or make such other order as it deems just. 3. file ka ng answer. ayaw mo. Stay of period to file responsive pleading. In effect your complaint was dismissed because if the complaint was ordered stricken out. he will set the motion for hearing 2 weeks from now. If the motion is granted. The allegations are clear. or after notice of denial of his motion. The period to file for an answer has been delayed. Compliance with order. Then the motion is denied because it has no merit. After service of the bill of particulars or of a more definite pleading. The period continues to run from the date that you received the bill of particulars. the . Alright.A: Many lawyers have abused Rule 12. file ka ng answer. So in order to prevent that kind of dilatory tactic. In what way? A complaint is filed. Pero sadyain niya – he will file a motion for bill of particulars that he cannot understand. when the motion is filed. the court is now authorized to immediately act on the motion without delaying the filing of the answer. If the order is not obeyed. The defendant has succeeded in delaying the period for filing an answer by pretending that he cannot understand pero actually klaro man ba. either in whole or in part. (1[b]a) Q: What is the effect for a motion for a bill of particulars when you file a motion? What is the effect on that on the 15-day period to file the answer? A. 5. Sec. The bill of particulars or a more definite statement ordered by the court may be filed either in a separate or in an amended pleading. the period to file for an answer has been denied because it has no merit. What is now the remedy? A: The court may order the striking out of the pleading or portions thereof which is the object of the bill of particulars. your complaint was dismissed. It is as if the complaint was never filed. (n) Q: Suppose the court grants the motion and the defendant or the plaintiff will be required to submit the bill of particulars. or from the receipt of the order denying your motion if it was denied. The 15-day period to answer is stopped or interrupted upon the filing of the motion for bill of particulars. I will now issue an order to strike out the entire complaint. Just submit the details of the vague paragraphs. The plaintiff refused to comply with the order. Amend the whole complaint and clarify the vague paragraphs Sec. 4. pag file niya ng motion. then it is equivalent to dismissal of the case itself. That is the reason why this provision was inserted because the filing of the motion for bill of particulars can cause delay. or XVIII. In other words. Like for example: Ayaw mong i-clarify ang complaint mo. Sec. unless a different period is fixed by the court. (1[c]a) Q: Alright. Practically. the moving party may file his responsive pleading within the period to which he was entitled at the time of filing his motion. if your motion is granted. or in case of insufficient compliance therewith. serving a copy thereof on the adverse party. the compliance therewith must be effected within ten (l0) days from notice of the order. which shall not be less than five (5) days in any event. From there. How will you comply with the order to file a bill of particulars? A: There are two (2) ways: XVII. you file your motion for a bill of particulars on the 14th day and your motion is denied. you still have 7 days to go because the period during which your motion was pending will not be counted. the bill of particulars becomes part of the complaint with its supplements.interrupt ang takbo ng 15 days. it is 5 days or more but never be less than 5 days. (1[a]a) Ah. Therefore. The plaintiff cannot declare the defendant in default for failure to file an answer because 15 days had already lapse. he cannot be declared in default. itigil mo muna ang takbo ng araw. you receive the order.  . ILLUSTRATION: I have 15 days to file an answer. 6. Pag-file mo on the 8th day . Q: Suppose. Na. So. How many days more to file an answer? A: Five (5) days. Bill a part of pleading. It will be interrupted by the filing of the motion and the period commences to run again from the time he received the bill of particulars or the order denying his motion but not less than 5 days in any event. You are guaranteed a minimum of 5 days. I filed a motion for a bill of particulars.period to answer will run again so you have to file your answer within the balance of the remaining period. balik ka naman sa 5. A bill of particulars becomes part of the pleading for which it is intended. yes. At least minimum. denying your motion. Sec. if a defendant filed the motion for bill of particulars within 15 days. Pag file ng motion. Kahit one day to go na lang. It is very clear ‘no? When you file a bill of particulars clarifying the paragraphs in the complaint which are vague. the running of the period automatically stops and then after several days. You received the order today. On the 8th day. For example. kaya nga ako kumuha ng abogado kasi hindi ako marunong. service upon him shall be made upon his counsel or one of them. (n) As a general rule. 437. unless the court orders direct service to the party. the law says. L-28188. or if he is represented by a lawyer. But he party failed to give it to his lawyer. Is the lawyer bound. he shall only be entitled to one copy of any paper served upon him by the opposite side. This Rule shall govern the filing of all pleadings and other papers. SERVICE UPON THE PARTY HIMSELF IS ORDERED BY THE COURT. Service is the act of providing a party with a copy of the pleading or paper concerned. except those for which a different mode of service is prescribed. Example is in the case of . as well as the service thereof. there must be a uniform rule UNLESS. Service to the lawyer binds the party. So Rule 13 applies to all pleadings except complaint. the problem is he might start complaining later. Aug. Service to a party is not valid. Q: What is the reason for requiring service upon the lawyer if the party is so represented? A: The reason for the rule is to do away with the subsequent objection which the party served may raise to the effect that he knows nothing about court procedure and also to maintain a uniform procedure calculated to place in competent hands the orderly prosecution of a party’s case. But if you got to the party himself. 2. Coverage. So. because the rule is service to lawyer binds the client and not the other way around. to avoid all these problems. you must furnish a copy of the pleading to the lawyer. If any party has appeared by counsel. What is the difference between filing and service of pleadings? Section 2: Sec. Clapis. Mardo. you furnish a copy of the pleading to the party concerned. 27. But service to the party does not bind the lawyer. defined. Filing and service. The GENERAL RULE. the purpose there is to avoid any complaint later that the party did not know what to do. Since the lawyer is presumed to know the rules. (2a) When you say FILING. the service should be to the lawyer and not to the party. Filing is the act of presenting the pleading or other paper to the clerk of court. (Hernandez vs. When you say SERVICE. Where one counsel appears for several parties. Javier Logging Corp. What is valid is service to the counsel.” There was a even a case when the client volunteered to get the copy of the decision. unless service upon the party himself is ordered by the court. 1968) So. vs. service of all pleadings is governed by Rule 13. you present the pleading in the office of the clerk of court.” An example of the exception is the service of complaint which is governed by Rule 14. JUDGMENTS AND OTHER PAPERS Section 1. at least it is on competent hands. this rule governs pleadings “except those for which a different mode of service is prescribed. 87 Phil. So. when a party is represented by a lawyer. or is the party also bound? NO.Rule 13 FILING AND SERVICE OF PLEADINGS. “My golly. is the lawyer entitled to 5 copies also? A: NO. It would then be easy for one lawyer to sell one’s rights down the river.” So. nakalimutan ko. otherwise. or [2] when he cannot be located or [3] when the party is directed to do something personally. how do you file pleadings? Section 3: Sec. appearances. . “Where one counsel appears for several parties. COURT OF APPEALS 218 SCRA 468 [1993] HELD: “Usually. as when he is ordered to show cause. the lawyer is not entitled to 5 copies but only one (1). You can do it if you want to but service on one will suffice. where he deliberately prejudiced his client. “Sorry ha. Q: Now. The application to the given case of the doctrine that notice to counsel is notice to parties should be looked into and adopted. NATINO 258 SCRA 378 [1996] HELD: “Notice to the lawyer who appears to have been unconscionably irresponsible cannot be considered as notice to his client. that is another story. wittingly or unwittingly. in the court’s desire to make a short cut of the proceedings. where the lawyer is in bad faith for gross negligence. FILING OF PLEADINGS. ba. [1] when it is doubtful who the attorney for such party is. Every lawyer has to be furnished a copy. Last sentence. service on one is sufficient.RETONI. sasabihin lang niya. The filing of pleadings. So it is unfair that the party may be bound by the service to the lawyer because of those circumstances. Section 2 says.” and then you are bound – Masyadong masakit naman iyan. because he was so busy. vs. One such instance happened in the case of BAYOG vs.” But if the 5 defendants are represented by different lawyers. if there are 5 defendants in the same case and there is only one (1) lawyer for all. “…service shall be made upon his counsel or one of them…” Service to one is service to all. A. instead of upon his attorney. These are cases of negligence. according to the surrounding circumstances. JR. service is ordered upon the party himself. Bawat abogado ba may kopya? A: NO. 3. motions. dangerous collusions to the detriment of justice. by just alleging that he just forgot every process of the court affecting his clients. Mga collaborating lawyers. he shall only be entitled to one copy of any paper served upon him by the opposite side. Q: Suppose you are represented by three or more lawyers. it might foster.” There are rare circumstances however where service to the lawyer does not bind the client. Manner of filing. JUDGMENTS AND OTHER PAPERS Now. ayaw daw tanggapin kasi wala raw nakalagay na “ORIGINAL. Q: Now. there are two (2) modes of filing – either XI. Q: What is the importance of registered mail on filing of pleadings and motions in court? A: The importance is the rule that in registered mails. the date of filing is not the date on which the letter reached the court but on the day that you mailed it. Sabi niya. (1a) Under Section 3. “Eh di. In the second case. or any other papers or payments or deposits. There are many copies of it.” Meaning.” To my mind. 1998. sulatan pa rin ng original? Sabi ng clerk of court. huwagn amang masyadong istrikto. Section 3 says.m. plainly indicated as such. It is not ordinary mail. personally to the clerk of court or by sending them by registered mail. It is registered mail. “…by presenting the original copies thereof.” “duplicate. shall be considered as the date of their filing. Second Mode of Filing: FILING BY REGISTERED MAIL The other mode is by registered mail. or XII. or by ordinary mail? What is the rule if instead of the registered service of the Post Office. dapat sulatan mo ng ‘original’!” Where did the clerk of court got that rule? Maski klaro na. Personally. 1 for the defendant to be sued in summons. plainly indicated as such personally to the clerk of court…” There was a lawyer before who referred to me. He said he filed a complaint. You go to the court and the court will mark it RECEIVED on January 15. kasi naka-computer. that is deemed filed.” “original. the clerk of court shall endorse on the pleading the date and hour of filing. pleadings. And I think. That is personal filing. with that phrase “plainly indicated as such. you availed the private messengerial service or by ordinary mail? A: The mailing in such cases is considered as personal filing and the pleading is not deemed filed until it is received by the court itself. If you send the pleading through the Post Office by registered mail. payment. ibalik sa iyo. So. everything is original. or deposit in court.” So I started to think. Nasubrahan ng basa ba! When you read too much. “Nasa 1997 Rules and requirement na iyan. orders. by registered mail First Mode of Filing: PERSONAL FILING This mode of filing is done personally to the clerk of court.notices. In the first case. “original. judgments and all other papers shall be made by presenting the original copies thereof.” Sabi ng lawyer.” “duplicate. itong provision (Section 3) ang ibig sabihin ng clerk of court. you become very technical.” becomes too strict. as shown by the post office stamp on the envelope or the registry receipt. suppose I will file my pleading not by registered mail but throught messengerial service like LBC or JRS Express delivery. The envelope shall be attached to the record of the case. the date of filing is the date of mailing. the date of the mailing of motions. di ikaw ang maglagay! So the clerk of court. The court will usually receive 2 or 3 copies – 1 for itself. Why refuse to accept? Simply because walang word na ‘original’? Eh. lahat naman ito original. Then. then any balance. So the date on the envelope is officially the date of filing. . “The filing of pleadings… shall be made by presenting the original copy thereor plainly indicated as such. 9:00 a. Sabi na clerk of court. This is a new rule on how to prove that a pleading is filed – Sec. there is no way of determining on its face whether the facsimile pleading is genuine and authentic and was originally signed by the party and his counsel. an exact copy preserving all the marks of an original. So how do I prove it? A: Just show your copy which is duly stamped and received by the court. it is deemed filed on the day it is actually received by the court. It may. SALES. vs.” What about filing by FAX machine? In the case of GARVIDA vs. by the registry receipt and by the affidavit of the person who did the mailing. It is. A facsimile is not a genuine and authentic pleading. the filing shall be proved by the written or stamped acknowledgment of its filing by the clerk of court on a copy of the same. The filing of a pleading or paper shall be proved by its existence in the record of the case. it had been lost between the post office and the court? A: Prove it by presenting the registry receipt and the affidavit of the server. if filed by registered mail. That is why in the 1994 case of INDUSTRIAL TIMBER CORP. and with instructions to the postmaster to return the mail to the sender after ten (10) days if not delivered. therefore. the law treats the messengerial company only as your process helper. containing a full .When it is by registered mail. the date of mailing as shown by the Post Office stamp is considered as the date of filing. Q: If filed by REGISTERED MAIL. 1997 HELD: “Filing a pleading by facsimile transmission is NOT sanctioned by the Rules of Court. Proof of filing. 12. NLRC 233 SCRA 597 [1994] HELD: “Where a pleading is filed by ordinary mail or by private messengerial service. but it is not there. containing a full statement of the date and place of depositing the mail in the post office in a sealed envelope addressed to the court. with postage fully prepaid. there is no showing that I filed it in court personally. the fault is not yours but with the clerk of court. Suppose the court has no copy of it. be a sham pleading. JR. at best. (n) Q: Suppose I filed it in court PERSONALLY. In other words. how do you prove that really the pleading was filed? A: Section 12. The post office is automatically a representative of the court for the purpose of filing. not on the day it was mailed or delivered to the messengerial service. If it is not in the record. The envelope is attached. but is claimed to have been filed personally. Definitely.” Q: Now. April 18. Without the original. in fact. etc. Sec.. (3a) Q: How do you SERVE a pleading to the opposite party? A: Either: 11. the judge has to file his own decision to make it official. Now. signed by him.. notices. judgments. there must be service to the opposing party’s counsel. the judge has to file his decision before the court. you file and serve because there must be proof of service to the adverse party. motions. written motion. It must be filed. The complaint is brought to the court because the summons will be issued. Every judgment. all pleadings SUBSEQUENT to the complaint….) personally or 12. judgments and other papers shall be made either personally or by mail. orders. order… shall be filed with the court and served to the parties. order.” Well of course. JUDGMENTS AND OTHER PAPERS Sec. 4. Under the law. offer of judgment or similar papers shall be filed with the court. (1a) So. counterclaim. B. notice. Alright. 5. or 13. resolution. It must be stressed that the affidavit is very important. So. answer. Rendition of judgments and final orders. as a rule.statement of the date and place of depositing the mail in the post office in a sealed envelope addressed to the court. Q: Do you mean to tell me the complaint does not have to be served to the defendant by the plaintiff? A: Of course not! It is the sheriff who will serve it to the defendant. the manner of serving complaint is not governed by 13 but by Rule 14. Modes of service. (2a) Let us now go to service. appearance. Moreover. Section 1: Rule 36. Some people do not understand this – “Every judgment. SERVICE OF PLEADINGS. Section 1.) by mail. A judgment or final order determining the merits of the case shall be in writing personally and directly prepared by the judge. before you file. pleading subsequent to the complaint. Read Rule 36. demand. and served upon the parties affected. Service of pleadings. motions. Or.. the plaintiff does not really have to go to the defendant to serve the complaint. cross-claim. bakit ba ‘subsequent’? Meaning.) Substituted service under Section 8 in case of failure of the personal service or by . Why will the court files its own judgment before itself? Actually. you go directly to the plaintiff’s lawyer to serve the answer because an answer is a pleading ‘subsequent’ to the complaint. every paper is required to be filed and served. And all documents. shall be filed to the court and served to the parties affected. Papers required to be filed and served. resolution. stating clearly and distinctly the facts and the law on which it is based. iyang mga pleadings. But if you are the defendant’s lawyer. and filed with the clerk of the court. Service by registered mail is complete upon actual receipt by the addressee. therefore. whichever date is earlier. should be deemed as effective service. or after five (5) days from the date he received the first notice of the postmaster. if known. unless the court otherwise provides.” Take note. 10.” So.Now. 10. 17. the lawyer claimed they are not bound because there was no proper service. Personal service is complete upon actual delivery. Naloko na! “They cannot now disown this adopted address [iyung ground floor] to relieve them from the effects of their negligence. Service by ordinary mail is complete upon the expiration of ten (10) days after mailing. Service by ordinary mail is complete upon the expiration of ten (10) days after mailing. and with instructions to the postmaster to return the mail to the sender after ten (l0) days if undelivered. Service by mail. So. wala! For purposes of filing. it will be treated as personal filing. if known. Those are examples of personal service. as amended by En Banc Resolution. however. ISSUE: Was there proper service? HELD: While is true that the service was improper. Q: Now. You can also serve your pleadings by mail. the ground floor becomes your adopted address. Service. Completeness of service. SERVICE BY MAIL. Q: So. Feb. but the trouble is. Completeness of service. when is service by mail deemed complete? A: Section 10: Sec. otherwise at his residence. There was no appeal. service may be done by ordinary mail. the law does not recognize the ordinary mail. in a sealed envelope. “If no registry service is available in the locality of either the sender or the addressee. when a decision against PCI Bank was served. comparing Section 7 with Section 3. You will notice this time although the law prefers service by registered mail. 7. unless the court otherwise provides. with postage fully pre-paid. the judgment became final. Service by registered mail is complete upon actual receipt by the addressee. complacency or inattention. (5a. service may be done by ordinary mail. whichever date . In registered mail. Service by registered mail shall be made by depositing the copy in the office. of the notice of judgment at the ground floor of the building. the date of receipt is considered the date of filing not the date of mailing. it was going on for some time and you are not complaining. 1998) Now. but for purposes of filing (Section 3). the last sentence of Section 7 says. If you do it. service by ordinary mail may be allowed for purposes of service (Section 7). or after five (5) days from the date he received the first notice of the postmaster. plainly addressed to the party or his counsel at his office. Section 10: Sec. If no registry service is available in the locality of either the sender or the addressee. Personal service is complete upon actual delivery. (8a) SERVICE OF PLEADINGS BY MAIL Sec. when is personal service complete? A: It is completed upon actual delivery. That is what you call CONSTRUCTIVE SERVICE. with proof of failure of both personal service and service by mail. SERVICE OF DECISIONS. a party or a lawyer cannot defeat the process of the law by simply not claiming his mail. there is a third mode of service of court orders and judgments and that is service by publication. The judgment is also served to them by publication at the expense of the prevailing party. chances are the clerk of court will apply registered mail. But if the lawyer is a Manila lawyer. You can be bound by a decision which you never read. or 11. the adverse party has already been served. the office and place of residence of the party or his counsel being unknown. 10. judgments. And by fiction of law. final orders or resolutions shall be served either personally or by registered mail. final orders or resolutions. Except with respect to papers emanating from the court. Whenever practicable. service is deemed completed. orders and other papers cannot be made under the two preceding sections. you can resort to by serving a copy to the clerk of court with proof of failure of personal and mailing service. there are employees there who are called process servers. Service of judgments. Judgments. Everyday. a resort to other modes must be accompanied by a written explanation why the service or filing was not done personally. The service is complete at the time of such delivery. or is out of town. If service of pleadings. either personally or by registered mail. (8a) So that is for the people who refuse to claim their mail even if they are already notified. (n) . they go around from law office to law office to serve court orders. When a party summoned by publication has failed to appear in the action. (7a) There are three (3) modes again of serving court orders or judgments to parties: 9.) service by publication So court orders or judgments orders have to be served also. That is if the parties were summoned by publication under Rule 14 and they did not appear. So. NO.) registered mail. He knows it is an order he expects to be adverse so he will try to defeat the service by not claiming it.) personally. And that is personal service. 11. (6a) Kung somehow there was an attempt of personal service or registered service at walang nangyari. the service and filing of pleadings and other papers shall be done personally. ORDERS. SUBSTITUTED SERVICE OF PLEADINGS Sec. Priorities in modes of service and filing. you are at a disadvantage because after the expiration of so many days.is earlier. final orders or resolutions against him shall be served upon him also by publication at the expense of the prevailing party. resolutions. That is constructive service. 9. Sec. service may be made by delivering the copy to the clerk of court. 8. That’s why if you go to the court. A violation of this Rule may be cause to consider the paper as not filed. ETC. notices and judgments. Sec. Substituted service. motions. Under Section 9. notices. It is a radical provision. 1998] J. To my mind. Instead of serving you. the service and filing of pleadings and other papers shall be done personally EXCEPT WITH RESPECT TO PAPERS E EMANATING FROM THE COURT. You will send me a copy by mail and you are along C. In other words. It only applies to lawyers and parties. A: The law says. personal service is prioritized.” So the court is not obliged to give any explanation.” That is now the standard explanation which appears in many pleadings or motions. you explaint na lang: “Explanation: Because of time constraint and distance. it will only cost me P5.That is a radical provision. Meaning. “Whenever practicable. I think if you do that. They will deliberately do it because it could not reach you on time. there are two (2) ways of service: personal or by mail. kunwari may motion ka. A: The law requires that you must give an explanation why you resorted to mail and not to personal service. Bakit ka nag-mail eh mas malayo pa ang Post Office kaysa office ko? Unless you explain. Of course this rule should be interpreted based on common sense. Common sense eh! Alangan papuntahin pa dito ang messenger at pa-eroplanuhin mo pa! Now. SOLAR TEAM ENTERTAINMENT vs. He will send a motion to be received today. Q: Suppose I will file it without any explanation.00. And the law says. only the parties and their lawyers. I do not think they should be construed strictly. Davide FACTS: Solar Team filed before the RTC a complaint against Felix Co. Pero para maniguro. nakalagay doon sa pleading : “Explanation: I have to resort to registered mail because it is expensive for me to resort to personal service. I will not consider your motion. even if there is no explanation. I had to resort to registered mail.. Takot sila eh because without it. and the case is in Davao. Pero kung klaro naman or obvious. I will allow it.” They have to state that. the rule should be construed reasonably. Q: Suppose you served the opposing counsel by mail. I will deny your motion.” And that is a very radical rule. It is expensive if I will send my messenger to Davao just to serve whereas if I send by registered mail. Summons . Or. Mas malayo pa ang Post Office para hindi mo matangap. Take note that courts are not covered by Section 11. If I am the judge. RICAFORTE 293 SCRA 661 [August 5. Recto St. the pleading is not considered as filed. He will mail to you the pleading or motion and then. The opposing counsel is just across the street ang opisina. The court does not have to explain why it resorted to registered mail because Section 11 says. he will mail it. I think the purpose of this new provision has been provoked by some malpractices of the lawyers. personal service is preferred to mail. “A violation of this rule may be cause to consider the paper as not filed. There were some instances before which have been confirmed especially in Metro Manila.M. For EXAMPLE: the opposing counsel is in Manila. or. for whatever reason. and if made through other modes. necessarily. consider the practicability of personal service. for instance. responsive pleadings or an opposition. worse. it is within the discretion of the RTC whether to consider the pleading as filed or not. whenever practicable. Only when personal service or filing is not practicable may resort to other modes be had. the party concerned must provide a written explanation as to why the service or filing was not done personally. or. The exercise of discretion must.” “Of course. Co’s counsel violated Section 11 and the motion to expunge was prima facie meritorious. as required by Section 11 of Rule 13. for lack of merit. not claiming it at all. place and person. unduly procrastinating before claiming the parcel. the EXCEPTION. and denying.and copies of the complaint were forthwith served on Co. and resort to other modes of service and filing. the pleading did not contain any written explanation as to why service was not made personally upon Solar Team. however. HELD: “Pursuant to Section 11 of Rule 13.” “If only to underscore the mandatory nature of this innovation to our set of adjective rules requiring personal service whenever practicable. Henceforth. A copy thereof was furnished counsel for Solar Team by registered mail. thereby causing undue delay in the disposition of such pleading or other papers. proximity would seem to make personal service most practicable. However. personal service or filing is mandatory. upon receiving notice from the post office that the registered parcel containing the pleading of or other paper from the adverse party may be claimed. wanting to appear clever. and to the filing of pleadings and other papers in court. RTC issued an order stating that under Section 11 of Rule 13. but exceptions may nonetheless apply such as when: the adverse party or opposing counsel to be served with a pleading seldom reports to office and no employee is regularly present to receive pleadings. Solar Team’s motion to expunge.” “However in view of the proximity between the offices of opposing counsel and the absence of any attendant explanation as to why personal service of the answer was not effected. Note that Section 11 refers to BOTH service of pleadings and other papers on the adverse party or his counsel as provided for in Sections 6. thus leaving the latter with little or no time to prepare. in light of the circumstances of time.” “To Our mind. the grant or denial of said motion nevertheless remained within the sound exercise of the RTC's discretion. resort to the following less than ethical practices: serving or filing pleadings by mail to catch opposing counsel off-guard. indubitably. Co then filed his answer. 7 and 8. if motions to expunge or strike out pleadings for violation of Section 11 . Solar Team filed a motion to expunge the answer and to declare Co in default. whenever personal service or filing is practicable.” “Personal service will do away with the practice of some lawyers who. alleging therein that Co did not observe the mandate of Section 11.’” “We thus take this opportunity to clarify that under Section 11: Personal service and filing is the GENERAL RULE. or service is done on the last day of the reglementary period and the office of the adverse party or opposing counsel to be served is closed. for Section 11 itself begins with the clause ‘whenever practicable. service and filing of pleadings and other papers MUST. which must then be accompanied by a written explanation as to why personal service or filing was not practicable to begin with. Section 11 then gives the court the discretion to consider a pleading or paper as not filed if the other modes of service or filing were resorted to and no written explanation was made as to why personal service was not done in the first place. be done personally. (containing full statement of facts). Proof of service. or the official return of the server. proof thereof shall consist of an affidavit of the person mailing of facts showing compliance with Section 7. for the reasons above stated. place and manner of service. or messenger. the instant petition is DISMISSED considering that while the justification for the denial of the motion to expunge the answer (with counterclaims) may not necessarily be correct. 13. Proof of personal service shall consist of a written admission of the party served. The registry return card shall be filed immediately upon its receipt by the sender. It has been several months since the 1997 Rules of Civil Procedure took effect. that he served the copy in the office of so and so. how do you prove in court that you served a copy? A: If it is ordinary mail. or on the 39th day following the effectivity of the 1997 Rules. We sustain the challenged ruling of the RTC. If service is made by registered mail. strictest compliance with Section 11 of Rule 13 is mandated one month from promulgation of this Decision. If the service is by ordinary mail. The procedure is that there is a pleading and in the last portion there is that part which states: Copy received : By : January 16. the issues involved and the prima facie merit of the challenged pleading. the importance of the subject matter of the case.were to be indiscriminately resolved under Section 6 of Rule 1. containing a full statement of the date. for the guidance of the Bench and Bar.” Sec.” “WHEREFORE. (10a) Q: How do you prove that you furnished the opposing lawyer a copy by PERSONAL SERVICE? A: It is through the written admission of the party served as admitted that he had been furnished with a copy. proof thereof shall consist of an affidavit of the person mailing of facts showing compliance with section 7 of this Rule. or in lieu thereof the unclaimed letter together with the certified or sworn copy of the notice given by the postmaster to the addressee. as we have in the past. how do you prove in court that you served a copy? . In the interim. 1998 (Signed) Atty. yet. proof shall be made by such affidavit and the registry receipt issued by the mailing office. Or.” “However. Nevertheless. by the primary objective of Section 11. the official return of the server. or the affidavit of the party serving. while the answer was filed only on 8 Aug 1997. X Counsel of Plaintiff Q: If it is by ORDINARY MAIL.” “The 1997 Rules of Civil Procedure took effect only on 1 Jul 1997. guided. then Section 11 would become meaningless and its sound purpose negated. in the exercise of our discretion. Co’s counsel may not have been fully aware of the requirements and ramifications of Section 11. the violation of Section 11 of Rule 13 may be condoned. Hence. this Court has generally accommodated parties and counsel who failed to comply with the requirement of a written explanation whenever personal service or filing was not practicable. but for reasons other than those provided for in the challenged order. Q: If it is by REGISTERED MAIL. The other alternative is that you file the affidavit of your employee. It never received any notice from the post office. affidavit?!! But take note. “Copy sent by registered mail. Let’s go to this topic of CONSTRUCTIVE SERVICE that if the registered mail was not received and therefore you want to avail of the rules on constructive service – it is deemed served upon the expiration of so many days. The mailman may also testify that the notice was actually delivered. On the face of the envelope. But we just allow it because it is too tedious – everytime you file. But in reality. This is what the law requires not just a one sentence statement. COURT OF APPEALS 201 SCRA 768 [1991] FACTS: The CA Johnson and Johnson Philippines a decision in an envelope by registered mail. we only attach the original in the registry receipt and there is a quotation there in the original pleading. The SC and the CA are very strict about this requirement. Juan dela Cruz. Certification should include the details of delivery and not just state that notice was issued. vs. “A certification from the postmaster would be the best evidence to prove that the notice has been validly sent. of the unclaimed letter together with the certified or sworn copy of the notice given by the postmaster – that is a constructive service ‘no? Now in practice among lawyers when we serve by registered mail. in lieu thereof. The postmaster should certify not only that the notice was issued or sent but also as to how. it as written. What you will file in court is the unclaimed letter together with a certified or sworn copy of the notice given by the postmaster to the addressee. One cannot even ascertain who wrote the statement. the CA applied the rule on constructive service – considered the decision as already served. Or. Unclaimed. the same envelope was returned to the CA. The registry receipt will not indicate kung ano ang na-mailed to his address.A: If service is made by registered mail.” On the back of the envelope. Even if you mail a petition at may nakalagay na “Copy sent by registered mail” without the affidavit. counsel for the plaintiff per registry receipt no. proof shall consist of the affidavit of the mailer and the registry receipt issued by the mailing office. the law does not allow that. With that. It is there in the envelope still sealed. 1998 to Atty. After a while. 123 hereto attached. “Return to Sender. . outright dismissal yan for lack of proof of service. The registry return card shall be filed immediately upon its receipt by the sender. ISSUE: Is there proper application of the rules on constructive service? HELD: There is NO constructive service because there is no certification by the postmaster that is claimed. The surrender of a registry receipt alone is not sufficient because if you send the registry receipt. there is an annotation “Return to CA”. Let us see what happened in the case of JOHNSON AND JOHNSON PHILS. this 17th day of January. There must be an affidavit of the person who mailed it. it is not reflected to whom that letter is addressed so how will the court know that the registry receipt really corresponded to the pleading that you mailed? It might be another letter like a love letter for your girlfriend or a letter to your creditor. Johnson and Johnson Philippines questioned it.” and nobody complains. it is very obvious. But according to the CA. the CA and the SC enforce this strictly. The respondent court should not have relied on these notations to support the presumption of constructive service. Santos failed to present such proof before CA but only did so in the present proceedings. Yapchiongco opposed the motion on the ground that the period for its filing had already expired. the decision was returned to the sender for the same reason. HELD: “The rule on service by registered mail contemplates 2 situations: (1. On 15 June 1995. when and to whom the delivery of the registry notices of the subject registered mail of petitioner was made and whether said notices were received by the petitioner. a notice of change of name and address of law firm was sent by Atty. referring to the postmaster's certification to that effect.” . the certification in the case at bar that the first and second notices addressed to Atty. when and to whom the delivery thereof was made. Atty. Atty. Magno had been "issued" can hardly suffice the requirements of equity and justice. 1998] FACTS: Jesus Santos. COURT OF APPEALS 293 SCRA 147 [Sept. The mail remained unclaimed and consequently returned to the sender. Accordingly. On 18 April 1996. On 17 April 1996. Santos’ new counsel.) Actual service . Clearly then. (2. entered his appearance and moved for reconsideration of CA's decision of 6 June 1995. 3. CA reversed and declared Santos liable for damages. It was incumbent upon the post office to further certify that said notices were reportedly received. Lemuel Santos.when and to whom the delivery thereof was made.” “For completeness of constructive service. was sued for damages on by Omar Yapchiongco before the CFI. proof should always be available to the post office not only of whether or not the notices of registered mail have been reported delivered by the letter carrier but also of how or to whom and when such delivery has been made.the completeness of which is determined upon receipt by the addressee of the registered mail. The envelope containing the unclaimed mail merely bore the notation “RETURN TO SENDER: UNCLAIMED” on the face thereof and “Return to: Court of Appeals” at the back. the decision of the CA was sent by registered mail to Santos’ counsel. CFI dismissed the complaint for lack of merit. such certification should include the data not only as to whether or not the corresponding notices were issued or sent but also as to how. the corresponding notice of registered mail was sent to him.” “There is nothing in the records of the present case showing how. Magno to CA. After 3 notices. On 28 March 1996. Magno. On the same day. the same decision of CA was sent anew by registered mail to Atty.” The case of JOHNSON was reiterated in SANTOS vs. Magno at his present address which he finally received on 3 April 1996. there must be conclusive proof that Santos’s former counsel or somebody acting on his behalf was duly notified or had actually received the notice.” “Here.) Constructive service . it cannot be too much to expect that when the post office makes a certification regarding delivery of registered mail.the completeness of which is determined upon the expiration of 5 days from the date of first notice of the postmaster without the addressee having claimed the registered mail. Magno withdrew his appearance as counsel for Santos.” “Consequently. On 27 September 1995. the buyer will say he bought the land in good faith. Now. I do riot know why notice of lis pendens which refers to lands. The defendant is also interposing a defense with the same property. He cannot claim he is the mortgagee or buyer in good faith because there is a notice. R14) This used to be in Rule 14 of the 1964 Rules of Court where it was misplaced. And whoever deals with it is accepting the risk. when affirmative relief is claimed in his answer. the plaintiff and the defendant. the one who registers a notice of lis pendens is the plaintiff. be deemed to have constructive notice of the pendency of the action. In an action affecting the title or the right of possession of real property. So if I win the case and try to recover it to the buyer. Notice of lis pendens. I will file a case for recovery of a piece of land and the title is in your name.” And under the law. Take note that the action in this case affects the right of possession over real property. 14. has something to do with real actions. and a description of the property in that province affected thereby.” In such case.This last section. and only of its pendency against the parties designated by their real names The notice of lis pendens hereinabove mentioned may be cancelled only upon order of the court. This is if there is no notice of lis pendens. The law states that “The plaintiff and the defendant may register when affirmative relief is claimed in this answer. Said notice shall contain the names of the parties and the object of the action or defense. titles and deeds appears under the rules on Summons. Section 14. Anybody who buys it is gambling an the outcome of the case. The other risk is that the owner of the land will mortgage his property. may record in the office of the registry of deeds of the province in which the property is situated a notice of the pendency of the action. “I did not know that there is a pending action concerning this land. as GENERAL RULE. Sec. Exception: Q: Under Section 14. This is part of the Property Registration Law. So you are gambling. Only from the time of filing such notice for record shall a purchaser. . NOTICE OF LIS PENDENS – notice of pending action or litigation. or encumbrancer of the property affected thereby. or that it is not necessary to protect the rights of the party who caused it to be recorded. a defendant may register and normally it is done when there is a counterclaim. land titles – notice of lis pendens. can the defendant register a notice of lis pendens? A: YES. The essence of notice of lis pendens is a notice against the whole world against sale or mortgage of the property under litigation. he is protected because he is a buyer in good faith and for value. (24a. after proper showing that the notice is for the purpose of molesting the adverse party. It was misplaced so they place it under Rule 13 which is also misplaced. A person buying a property with a notice of lis pendens is buying it subject to the outcome of the case. There is a danger that you will sell the land to others who know nothing about the case. e. the plaintiff has been presenting evidence he plaintiff has not yet shown that he has right over the land. the proper court has the authority to determine whether to cancel it under peculiar circumstances. the SC has authorized the cancellation of the notice of lis pendens even when the case is not yet terminated. “While a notice of lis pendens cannot ordinarily be cancelled for as long as the action is pending and unresolved.”  .g.Q: How is a notice of lis pendens cancelled? A: GENERAL RULE: The notice of lis pendens under the rules cannot be removed without the order from the court and generally the court cannot issue the order until the case is finished or until the final issue of the case is determined. One of which is contemplated under Section 14: “After proper showing that the notice is: [a] For the purpose of molesting the adverse party. or [b] It is not necessary to protect the rights of the party who caused it to be recorded. HELD: So there is no more basis of notice of lis pendens because your purpose is to harass the defendant for over a year litigation without showing right over the land. EXCEPTION: But in some rare instances.” In the case of ROXAS vs.. The case has been going on for more than 1 year. where the evidence so far presented by the plaintiff does not bear out the main allegations in the complaint. DY 233 SCRA 643 [1993] FACTS : Plaintiff filed a case against the defendant to recover a piece of land registered in the name and possessed by the defendant. The case is commenced against the additional defendant upon the amendment in the complaint (Fetalino vs. when a complaint is filed in court. the clerk of court shall forthwith issue the corresponding summons to the defendants. Under the Rules on Criminal Procedure. plaintiff will take judgment by default and may be granted the relief applied for.. 523) Q: What is the effect if a defendant is not served with summons? A: The judgment is void. Gen. (1a) Ano ang plural ng “summons”? Meron bang plural yan? “Summonses”? I think it is still “summons. the judge will issue a warrant of arrest. summons must be served upon him for the purpose of enabling the court to acquire jurisdiction over his person. there is a similarity in meaning because you are being called to answer in a case. (3a) Q: Define Summons. a legal term. (MRR Co. The summons shall be directed to the defendant. Parsons Hardware.. 135. 20 Phil. to summon – tawagin mo. Summons is a noun. p. 71 Phil. (b) a direction that the defendant answer within the time fixed by these Rules. Summons in civil cases is the counterpart of warrant of arrest in criminal cases. (Echevarria vs. Ballatan. 2nd Ed. Clerk to issue summons. he is automatically within the jurisdiction of the court. Section 2 states the contents of a summons: Sec.. In civil cases. 13 Phil. 1250) Q: What is the purpose of summons? A: The service of summons enables the court to acquire jurisdiction over the person of the defendant. the court will issue what is known as a summons under Section 1. When an additional defendant is included in the action. . Sanz. But actually. 479) Q: If a complaint is amended and an additional defendant is included. Contents. and contain: (a) the name of the court and the names of the parties to the action. (c) a notice that unless the defendant so answers. 980) Q: How does the court acquire jurisdiction over the person of the plaintiff? A: Jurisdiction over the person of the plaintiff is acquired from the moment he files his complaint. The court never acquired jurisdiction over his person. shall be attached to the original and each copy of the summons. De Castro vs. signed by the clerk of court under seal. Upon filing his complaint in court. if any. 51 Phil. (Pagalaran vs. (Ballentine’s Law Dict. The verb is. vs Atty. when an information is filed in court. is there a necessity of issuing new summons on the additional defendant? A: YES.Rule 14 SUMMONS Section 1. A copy of the complaint and order for appointment of guardian ad litem. of course. Upon the filing of the complaint and the payment of the requisite legal fees. Cebu Portland Cement Co. 2.” whether singular or plural. A: SUMMONS it is a writ or process issued and served upon a defendant in a civil action for the purpose of securing his appearance therein. what must the plaintiff do? A: This time. 680) 16. there is now appearance of the defendant. so there will be new summons on the amended complaint. Just serve the copy of the order. died. and after that the complaint is amended. there will be another period of 15 days to file an answer to the amended complaint upon receipt of the amended complaint and the summons. according to the SC in the case of: . Anyway he is only a continuation of the personality of the original defendant.44 Phil. That is not the meaning of the word “appearance”. Sanz. 44 Phil. vs. 691) BAR QUESTION: If a defendant is served with summons and later on the complaint is amended by the plaintiff. there no need of summons. his legal representative was substituted in his place. and there was substitution of party (under Rule 3). but from receipt of the order allowing the amended complaint. A new summons must be served all over again based on the amended complaint. where he is ordered to be substituted. what is the period for the defendant to file an answer to the amended complaint? A: Going back to Rule 11. whether the defendant files an answer to the complaint. 15. Q: Suppose the defendant has already filed an answer to the original complaint and after that there is an amended complaint. Ong Peng vs. Appearance in civil cases does not mean that you are there and show your face to the judge. L-14911. All that the plaintiff has to do is to furnish the defendant a copy of the amended complaint together with the motion to admit it. Custodio. there is now an amended complaint. Appearance means filing something in court which would show that the court has jurisdiction over your person. like the filing of an answer. The order of the court ordering him to be substituted is already sufficient. 691) Q: Suppose a defendant. (Ibid. Just serve the defendant a copy of the amended complaint with a copy of the order admitting the filing of the amended complaint. is there a necessity of issuing new summons on the substituted defendant? A: NO. March 1961) Q: Connecting the question with Rule 11 (on periods to file pleadings). (Fetalino vs. Q: Suppose that the court allowed the admission of the amended complaint. 44 Phil.) If the defendant has already filed an answer to the original complaint or he has already appeared in the action. what is the period to file an answer? A: The period to file an answer is 15 days all over again. Kroll & Co. When the defendant filed an answer through his lawyer. suppose the defendant was served with summons on the original complaint and before he could answer. Appearance in an action is best manifested by the filing of an answer by the defendant. Domingo. However. (Atkins. Ten (10) days. there is no need of issuing new summons on the amended complaint. is there a necessity that another summons be issued and served based on the amended complaint? Or is the summons of the original complaint sufficient? ANS: It depends on whether the amendment was made before or after defendant’s appearance in the action: Q: What do you mean by the phrase “appearance in the action”? A: The best example is. not from the receipt of the amended complaint. who has already been summoned. ten (10) days only.) If the defendant has not filed answer to the original complaint there must be another summons issued on the amended complaint. Apo. HELD: NO. COURT OF APPEALS 164 SCRA 623 HELD: Appearance in the action is not only limited to the filing of an answer. he is not among those mentioned in Section 3. SEC. he is not authorized. If a defendant files a motion for Bill Of Particulars under Rule 12. I don’t think a sheriff would bother to go there. or other proper court officers. his deputy. However. He belongs to the PNP. July 20. that is already considered as an appearance in the action. he will become a sort of special court officer for that purpose. there was a complaint which had to be served in Brgy. he can recommend a barangay captain or a policeman.) Sheriff. So Barangay Captain Acelar will be asked to be deputized by the court to serve and he will be taught how to do it. Have you heard of that place? It is still part of Davao City but I don’t think you have been there.) For justifiable reasons. When defendant files a motion for extension of time to file his answer. there is no problem if he is the only one in that area whom we can depend on. Makita mo doon mga natives. Paquibato. 3 By whom served – the summons may be served by the sheriff. or for justifiable reasons by any suitable person authorized by the court issuing the summons (5a) Q: Who can serve summons? Who are authorized by law to serve summons? A: Under Section 3. that is already an appearance in the action. But there are people who go there. All you have to do is get a court order deputizing the police officer. You have to get out of Davao City and then re-enter Davao City and then up to certain point land. To go there you have to pass to Panabo first. LETRONDO L-11580. But without such court order. like the natives. the following: e. He has not even heard of the place. maglakad na ng isang araw before you can reach that place. 3.PAN ASIATIC TRAVEL CORP. Letrondo. And PNP is under the executive branch and not a part of the judiciary. Tapak. I don’t think the sheriff would like to go there. g.) Other proper court officer (court employees). So. f. Mag-horse back ka. 1959) EXAMPLE: I will sue somebody who is living on top of Mt. L-11580. So he will fall under no. The policeman is not a sheriff. h. Before. (Sequito vs. vs. 1959 FACTS: The summons was served by a policeman in a remote area and the question that was asked is whether he is authorized. But there must be a court order. Baka mawala pa siya. July 20. These are allowed during abnormal situations.) Deputy sheriff. SEQUITO vs. So. . and he is not a proper court officer. by any suitable person authorized by the court NOTE: Policemen cannot validly serve summons unless authorized by court. he is not a deputy sheriff. So that is now the requirement. may issue an alias summons (4a) Now Section 5 contains this new requirement that the serving officer shall also serve a copy of the return on the plaintiff's counsel stating the reasons for the failure of service within 5 days therefrom. He must also furnish a copy of his report to the plaintiff’s lawyer so that the plaintiff’s lawyer can determine what is the deadline for the defendant to file his answer. like he cannot serve the summons because the defendant is not already in the address given. Service of summons may be made at night as well as during the day. That is what is called a sheriff's return. by the sheriff. it is the duty of the sheriff to inform the court what has happened – was he able to serve the copy of the complaint. in such case. within five (5) days therefrom. lets say. stating the reasons for the failure of service. must it be on a weekday and not on Saturday. at least you must also return the summons to the court and make a report that you cannot serve the summon. the lawyer can file a motion for issuance of an alias summons. 4 Return – When the service has been completed. COURT OF APPEALS 214 SCRA 688 HELD: The service of summon is valid because the service of summons is MINISTERIAL. and must be within office hours? Can you challenge the validity of the service of summons on the ground that it was not effected on a working day or during office hours? A: In the case of LAUS vs. on what day? The duty of the sheriff after service of summons is that he should make a report to the court as to what happened. SEC. EXAMPLE: “Respectfully returned to the court with the information that defendant was personally served with summons on this date and on this time as shown by his signature on the face of this original copy. . serve a copy of the return. if he failed to serve it for one reason or another. personally or by registered mail.” There must be a report because that will determine when the period to file an answer will start to run. they did not tell the lawyer what happened eh! They should tell the lawyer what happened so that if the summons was not served. within five (5) days therefrom. or even on a Sunday or holiday because of its ministerial character. SEC. That becomes the problem of the plaintiff and his lawyer. to the plaintiff’s counsel and shall return the summons to the clerk who issued it. or if the summons has been lost. “Respectfully returned to the court with the information that defendant cannot be served with summons because the defendant had already moved from the address indicated in the complaint and therefore he cannot be located. 5 Issuance of Alias Summons – if a summons is returned without being served on any or all of the defendants. on demand of the plaintiff. That is what you call the Sheriff’s Return under Section 4. After that. accompanied by proof of service (6a) The person who served the summons is the sheriff or his deputy. Rule 14. the defendant is no longer residing in that place and you cannot find him. lumipat na. Because most sheriff. Or.” Or. the clerk. like for example. together with the summons to the defendant? If so. the server shall. or holiday. the server shall also serve a copy of the return on the plaintiff’s counsel. Sunday.Q: When summons is served. I can serve the summons wherever I find you. by tendering it to him. First Mode: SERVICE IN PERSON (Section 6) SEC. I’m looking for you to serve summons in a case and while walking along New York Street. EXAMPLE: I am the sheriff. There is no need for me to go to your house. or (b) if he refuses to receive and sign for it. 16 – Service by publication. upon being informed. Service in person on defendant – Whenever practicable. normally. The summons must be served in person. by tendering it to him (7a) Q: How is service in person done? A: It is effected by (a) handing a copy thereof to the defendant in person. Give it to me at home”. and Sections 14. ha? No substitute – to the defendant mismo.) Section 6 – Service in person on defendant. I entered the restaurant and served the summons there.) 14. you give the copy and you ask him to sign the original summons but he refuses. service is in person.) 13. Q: Do you have to serve it to the defendant in his office or in his house? A: NO. what will I do? . the clerk of court will issue another summons known as an ALIAS SUMMONS. 6. 15. You can serve it wherever he may be found. Q: How is summons served? A: There are three (3) modes of service of summons (on individual defendant): 12. he has to inform the court of the new address so that a new summons can be issued on the new address. And the law does not care where to do it. Then you say. This is a very important portion of Rule 14. I saw you inside a restaurant. “Not here. the summons shall be served by handing a copy thereof to the defendant in person. The second summons is what lawyers call an ALIAS SUMMONS – if the first summons was lost. MODES OF SERVICE OF SUMMONS TO INDIVIDUAL DEFENDANTS: Now let’s go to the general modes on service of summons. or if he refuses to receive and sign for it. Q: Now suppose. sa anak or sa kasambahay. Hindi puwedeng ibigay sa asawa. Under the law. Section 7 – Substituted service (Section 7). stating the reasons for the failure of service Q: For what purpose? A: So that the plaintiff’s lawyer will have to look now for the defendant and once he finds the correct address. This is literal.Q: What happens if the summons is returned unserved on any or all of the defendants? A: The server shall serve also a copy of the return on the plaintiff’s counsel. A: I will write here in my return that I saw you, I offered but you refused. That is enough. Under the law, you are served. The court has already acquired jurisdiction over your person. The common impression kasi of laymen na pag hindi tanggapin, walang sabit. No, that is of course false. You cannot defeat a court process by refusing to accept it. May mga sheriff pa nga na bastos: “Dili ka magtanggap? Basta ilagay ko ito sa tabi mo, i-report ko sa court na binigyan kita, ayaw mong tanggapin, ayaw mong mag-pirma.” And under the law, from that moment, you are bound. So, matakot man yang defendant ba. Kunin niya yun tapos mag-consult siya ng lawyer. Then his lawyer will tell him na he is bound despite his refusal to accept it. Now, under the 1964 rules, this mode of service of summons was called PERSONAL SERVICE. Under the 1997 Rules, the ’personal service’ was changed to ‘SERVICE IN PERSON’. They just changed the words so that it cannot be confused with Rule 13 because in Rule 13, there is also personal service. But that is not service of summons but service of pleadings, motions, etc. Para huwag magkagulo, the personal service was changed to service in person. Because service under Rule 13 is also personal service to the secretary but here in Rule 14, it is literal. That is to avoid confusion. Dapat pinalitan din iyong Section 7 –substituted service – because in Rule 13, there is also substituted service. Why did they not change to avoid confusion? Maybe they overlooked it. Second Mode: SUBSTITUTED SERVICE (Section 7) What is substituted service? SEC. 7 Substituted Service – If, for justifiable causes, the defendant cannot be served within reasonable time as provided in the preceding section, service may be effected (a) by leaving copies of the summons at the defendant’s residence with some person of suitable age and discretion then residing therein, or (b) by leaving the copies at defendant’s office or regular place of business with some competent person in charge thereof (8a) If the defendant cannot be served personally or in person under Section 6, the sheriff may resort to what is known as SUBSTITUTED SERVICE OF SUMMONS under Section 7. This time, you can course it to somebody else. The place is important and the person to whom you will serve it. On service in person under Section 6, it is immaterial where you find the defendant. Basta ang importante, kung saan mo siya nahuli. For example, you want to catch him on a Sunday because he is in the cockpit, eh di i-serve sa cockpit. Basta importante, in person! Hindi ibig sabihin pupunta ka sa bahay lang. No, dahil mahirap mahuli minsan eh. But if you want resort to substituted service under Section 7), you better have to do it: w.) at the defendant’s residence with some person of suitable age and discretion there residing therein. This time, the place is important; or x.) in his office or regular place of business with some competent person in charge thereof, like the manager or the foreman. So, if I cannot serve you the summons personally, I cannot find you, balik-balik ako hindi kita maabutan. Palagi kang wala sa bahay niyo. But everytime I go there, your wife or husband is around, I can leave the summons with your wife or husband, or the housemaid or houseboy, provided they are of suitable age and discretion. Puwede sa anak? Yes, again basta of suitable age and discretion. Ang sheriff kailangang tantiyahin din niya. Ito bang anak may buot na ni or wala pa? SEQUIOTO vs. LETRONDO L-11580, July 20, 1959 FACTS: Summons was served by the sheriff on the defendant’s daughter, a 12-year old and a grade four pupil. The child threw the summons away. The father did not receive the summons, and he was declared in default. HELD: The service of summons is void because defendant’s daughter, under the circumstances, is not a person of suitable discretion. Q: Suppose, the sheriff goes to the defendant’s house and says, “Is this the residence of Mr. Juan dela Cruz?” “Yes.” “Is he around?” “No, he left for work, but he will be back 5 hours from now.” The sheriff left the summons to the wife, sufficient of age and discretion. In other words, the sheriff resorted to substituted service of summons under Section 7. Is there a valid substituted service of summons? Can a sheriff resort to Section 7 (substituted service) immediately? A: NO. Section 7 cannot be applied unless you attempt Section 6 (Service in person). The sheriff has to try several times to reach the defendant in person. Sheriff is not allowed to resort to substituted service without attempting service in person several times. The law is very clear – “if for the justifiable causes, the defendant cannot be served within a reasonable time…” So, that is the condition. Q: So what is the condition? A: Substituted service of summons can only be applied by the sheriff if there is failure of personal service within reasonable time for justifiable causes [under Rule 14, Section 7]. So is the wife says, “come back tomorrow,” so you have to come back tomorrow and you cannot yet serve substituted service of summons. Q: But suppose, the sheriff has gone to your house 5 times, everytime he goes there you are not around, is substituted service of summons allowed? A: YES. I will now serve it on you (through your wife) and that is valid. The law prefers service in person than substituted. Substituted service according to SC, should only be resorted to if there is failure of personal service within reasonable time for justifiable causes. (Mapa vs. CA, 214 SCRA 417) MAPA vs. COURT OF APPEALS 214 SCRA 417 HELD: If a sheriff resorts to substituted service under Section 7 and when he makes his return, his return must specify that “I have tried many times to resort to personal service, but he cannot do it”. He must outline his efforts to apply Section 6, otherwise the return is defective. “Impossibility of prompt service should be shown by stating the efforts failed. This statement should be made in the proof of service. This is necessary because substituted service is in derogation of the usual method of service.” Now, of course, if I tried several times to serve you personally but I failed, and then I make a return but I did not explain, there is still a valid service but you must explain in court. There is a presumption that you did not exert efforts. To make it a complete return, you must outline several attempts to make personal service. [Substituted service of summons may still be considered as VALID even if the sheriff failed to state in his return of the facts of the impossibility of prompt service if the server subsequently explains in court, by giving testimony, the facts why he resorted to a substituted service. The plaintiff should not be made to suffer for the lapses committed by an officer of the court] TOYOTA CUBAO INC. vs. COURT OF APPEALS October 23, 1997 HELD: “A law prescribing the manner in which the service of summons should be effected is jurisdictional in character and its proper observance is what dictates the court’s ability to take cognizance of the litigation before it. Compliance therewith must appear affirmatively in the return. It must so be as substitute service is a mode that departs or deviates from the standard rule. Substitute service must be used only in the way prescribed, and under circumstances authorized by law.” DISTINCTIONS BETWEEN SERVICE OF PLEADINGS [RULE 13] AND SERVICE OF SUMMONS [RULE 14] Now, do not confuse substituted service of summons under Rule 14 with substituted service of pleadings, orders and other papers under Rule 13. Let us read Section 6, Rule 13: Rule 13, SEC. 6. Personal service. - Service of the papers may be made by delivering personally a copy to the party or his counsel, or by leaving it in his office with his clerk or with a person having charge thereof. If no person is found in his office, or his office is not known, or he has no office, then by leaving the copy, between the hours of eight in the morning and six in the evening, at the party's or counsel's residence, if known, with a person of sufficient age and discretion then residing therein. (4a) FIRST DISTINCTION: In Rule 13, that is known as personal service. In Rule 14, that is known as substituted service. Service of summons is governed by a different rule (Rule 14) from service of pleadings, judgments and other papers (Rule 13). Now, what is substituted service in Rule 13? Let us go back to Section 8, Rule 13. Rule 13, SEC. 8. Substituted service. - If service of pleadings, motions, notices, resolutions, orders and other papers cannot be made under the two preceding sections, the office and place of residence of the party or his counsel being unknown, service may be made by delivering the copy to the clerk of court, with proof of failure of both personal service and service by mail. The service is complete at the time of such delivery. (6a) SECOND DISTINCTION: In Rule 14, substituted service means if you cannot serve the defendant in person, then you serve the summons at the residence of the defendant with some person of suitable age and discretion residing therein or by leaving copies at the defendant’s office or regular place of business with some competent person in charge thereof. That is substituted service of summons under Rule 14. But in Rule 13, substituted service of other pleadings, judgments, orders, etc., if personal service or service by registered mail have failed, then serve it on the clerk of court. And that is known as substituted service. In Rule 14, there is NO such thing as service of summons through registered mail. So how can a summons be served to a defendant in Manila? The Davao sheriff will mail the summons to the Manila sheriff who will serve the summons to the defendant in Manila. So, iba ang meaning. That is why I am emphasizing this to avoid confusion. Nakakalito, eh because of the similarity of terms. Substituted service of summons in Rule 14 is different from substituted service of pleadings, judgments and other papers in Rule 13. Third Mode: SERVICE OF SUMMONS BY PUBLICATION : (Sections 14, 15, and 16) SERVICE BY PUBLICATION UNDER SECTION 14 (Suing an Unknown Defendant) Going back to Section 9, Rule 13: Rule 13, SEC. 9. Service of judgments, final orders or resolutions. Judgments, final orders or resolutions shall be served either personally or by registered mail. When a party summoned by publication has failed to appear in the action, judgments, final orders or resolutions against him shall be served upon him also by publication at the expense of the prevailing party. (7a) Under Rule 13, when a party summoned by publication has failed to appear in the action, meaning the defendant failed to file an answer, the decision can also be served upon him by publication. Q: What are the instances where a defendant may be served with summons by publication? A: Sections 14, 15 & 16 of Rule 14. And the first one is service upon defendant whose identity or whereabouts are unknown. That is what you call suing an unknown defendant. Or, the defendant is known pero hindi na makita. He may be in Davao, Cebu or in Manila. Bali-balita lang. But definitely, he is in the Philippines. That is the important condition. So, let us read Section 14: Sec. 14. Service upon defendant whose identity or whereabouts are unknown. In any action where the defendant is designated as an unknown owner, or the like, or whenever his whereabouts are unknown and cannot be ascertained by diligent inquiry, service may, by leave of court, be effected upon him by publication in a newspaper of general circulation and in such places and for such time as the court may order. (16a) Under this provision, service of summons is allowed: f.) where the defendant is designated as unknown owner. Well, we have discussed that in Rule 3 – when you file a case against an unknown defendant is allowed. But of course, he is unknown, you have no idea where he is staying; and g.) where the defendant is known but his whereabouts are unknown and cannot be ascertained by diligent inquiry. EXAMPLE: If you want to file a case against somebody, and you can no longer find him. You do not know where he moved. Maybe you have been receiving reports that he is in Manila or Cebu but the exact address is unknown and you want to sue him. Q: In the above case, is the plaintiff authorized to have the summons effected by publication? A: Take note that to avail of summons by publication, there must be leave of court. You must file a motion, under Rule 14, for permission to have defendant summoned by publication and the court will issue an order allowing the defendant be served with summons by publication where the complaint and the summons be ordered published. The service may be effected upon him by publication in a newspaper of general circulation and in such places and for such time as the court may order. “Of general circulation and in such places and for such time as the court may order.” Hindi naman kailangan sa Daily Inquirer. Puwede man sa local paper, ba. For example, sabihin mo: “We learned that he is in Cebu pero saan sa Cebu, we do not know.” The court may order the publication to be published in a local newspaper of general circulation in Cebu. Of course, kasama diyan ang complaint. How many times? Bahala na ang court. Say, tatlong issues. So, every Monday for three weeks. Basta the presumption is mabasa yan ng defendant or at least somebody who must have read it will inform the defendant. So, the law requires that you must file a motion and ask the court to allow service of summons by publication. Now, one thing that you have to remember is, the whereabouts of the defendant is unknown, but he is in the Philippines. That is the condition. If he is in the United States, this will not apply. What is contemplated by Section 14 is that the address of the defendant is unknown but it is positive that he is in the Philippines. ILLUSTRATION: Suppose your friend borrowed money from you. Never paid you and just disappeared and the last time you heard, he is residing somewhere in General Santos City. So you wanted to sue by having the summons under Section 14 because his exact whereabouts is unknown. So you file a motion for leave to serve summons by publication under this rule. The question is, should the court allow it? Of course the tendency is to say “yes” because his whereabouts is unknown and cannot be ascertained by diligent inquiry. Q: Now what kind of an action is an action to collect an unpaid loan where the defendant cannot be located anymore? A: That is an action in personam. Q: If the defendant is in the Philippines and his whereabouts is unknown and the action is in personam, can the plaintiff resort to service summons by publication? A: In the cases of FONTANILLA vs. DOMINGUEZ 73 Phil. 579 SC said service of summons is possible even if the action is in personam because service by publication when the whereabouts of the defendant is unknown is allowed whether the case is in personam or in rem. in which case. personal service of summons within the Philippines (forum) is essential in the acquisition of jurisdiction over the person of the defendant who does not voluntarily submit himself to the authority of the court. ASUNCION 105 Phil 755 HELD: NO. So if we will follow the ruling in this case.” In other words. not in personam. you can have that properties attached under Rule 57. You can now ask the court to effect summons by publication. vs.. l(f). But in actions in rem quasi in rem. civil action is converted from in personam to quasi in rem because you already acquire a lien over the property so it is quasi in rem. In order to bind the defendant there must be service of summons on him.HELD: In this case. of the resident defendant debtor with unknown address and cause them to be attached under Rule 57. he must know. summons by publication is not consistent with the due process clause of the bill of rights because it confers court jurisdiction over said defendant who is not in the Philippines.” So kahit isang bisekleta para lang ma-convert ang action. He must be given a chance under due process – to be deprived of his property with due process of law. the defendant is residing in the Philippines but his identity is unknown or his address cannot be ascertained. NIETO 125 SCRA 758 . real or personal. CITIZEN’S INSURANCE SURETY vs. It is proper in all actions without distinction provided. MELENCIO-HERRERA 38 SCRA 369 ISSUE: What is the remedy if you are a creditor and you want to sue your debtor and serve summons by publication but you cannot do it because your case is in personam? HELD: (Reiterates Pantaleon vs. How? If you cannot find the defendant but he has properties left. pwede. PANTALEON vs. Asuncion) You convert your case from in personam to in rem or quasi in rem. So nag-conflict na. Personal. So if we will follow this case what will be our answer? YES. the answer would be NO because the action is in personam (collection case). MAGDALENA ESTATE INC. Now that it is attached. the enactment converts the action into a proceeding in rem or quasi in rem and the summons by publication may then accordingly be deemed valid and effective. because service of summons by publication under this section is allowed only where the action is in rem or quasi in rem. “The proper recourse for a creditor in the same situation as petitioner is to locate properties. Sec. Section 1 so that you can acquire a lien over said properties. So service of summons by publication of the defendant who cannot be found in the Philippines will be violative of the due process clause that he must be informed personally. “It is a well settled rule in constitutional law that an action in personam. because it is allowed in any action without distinction. SC traced the history of this question…we reiterate CITIZEN and PANTALEON, the action must be in rem or quasi in rem. [That is why just read this case because it is a complete summary of what the SC said earlier. And of course after it, from time to time, this issue re-surfaces.] CONSOLIDATED PLYWOOD vs. BREVA 166 SCRA 589 (Davao case) HELD: Judge Breva fell into the error of allowing service of summons by publication by allowing it in an ordinary collection case. SC said you cannot do that, the action must be in rem or quasi in rem. Therefore the default judgment was rendered null and void because of lack of proper service of summons to the defendant. Q: What is the important doctrine based from the foregoing cases? A: The SC said that Section 14 can only be availed of when the action is in rem or quasi in rem. If the action is in personam, like of collection of a sum of money, service of summons by publication to the defendant is improper. The action should be action in rem or quasi in rem. Q: Therefore if your action is in personam, like collection of an unpaid obligation, and you cannot find the defendant and you want to avail of Section 14, what is you remedy? A: As explained by the SC, you convert the action to in rem or quasi in rem. How? By looking for any property of the said defendant and have it attached under Rule 57 [i], the last ground for attachment. Now, your action is converted to quasi in rem. You can now file a motion for service of summons by publication. (Pantaleon vs. Asuncion, 105 Phil. 765; Citizen’s Surety & Insurance Co., vs. Melencio-Herrera, 38 SCRA 369; Magdalena Estate, Inc. vs. Nieto, 125 SCRA 758; Plywood Industries vs Breva, 166 SCRA 589) In all these cases, the SC ruled that to validly serve summons by publication on a defendant who is in the Philippines but whose name is not known or whereabouts is not known, the action must be in rem or quasi in rem. But a minor insignificant amendment to Section 14 has cast doubt on the validity of those doctrine. Why? You read the opening of Section 14: “In any action…” you notice, “in any action where the defendant is designated as an unknown… ” You look at the old rules. Can you find the phrase “in any action”? You look and compare it. Let us look the 1964 Rules: 1964 Rules, Rule 14, SEC. 16 “Whenever the defendant is designated as an unknown owner, or the like, or whenever the address of a defendant is unknown and cannot be ascertained by diligent inquiry, service may, by leave of court be effected upon him by publication in a newspaper of general circulation and in such places and for such time as the court may order.” In other words, there is a case and the defendant is unknown, but what kind of cases? It is not stated there (Section 16, old rules). Kaya nga, it was clarified in the cases of MAGDALENA ESTATE, PANTALEON, etc. that the action must be in rem or quasi in rem. But look at the new rule on Section 14 – “in any action.” What does that mean – na puwede na ang action in personam? Is the intention of this clause to abrogate the previous ruling in PANTALEON, MAGDALENA ESTATE, CONSOLIDATE PLYWOOD? If that is the intention, we are going back to the original ruling laid down in the earlier case of FONTANILLA vs. DOMINGUEZ which preceded all the other cases. In the FONTANILLA case, the SC said that service of summons by publication is proper in all actions without distinctions provided the defendant is residing in the Philippines but he is unknown or his address cannot be ascertained. But the FONTANILLA ruling was abrogated by PANTALEON vs. ASUNCION, CITIZEN’S SURETY, MAGDALENA ESTATE cases. That is why to me, this is a very controversial issue whether Section 14 of Rule 14 applies only to cases in rem or quasi in rem in these decisions or it is now obsolete, or it is now applicable whether in personam or in rem or quasi in rem. Actually, I asked that question in remedial law review. I don’t care how they answered it. I just want to find out if they can detect the amendment ba. Pagsabi nila it is only applicable in rem, OK, tama ka. Pagsinabi nila “in any action,” OK, tama ka rin. Some even said, based on decided cases but there is an amendment in the law, in other words nakita niya. But 70% did not say the issue. Kung anoanu ang sinagot! 30% saw the point. Some answered based on MAGDALENA, some on FONTANILLA by saying with the amendment, the ruling in MAGDALENA is wala na yan. To my mind, either way, I will take it as a completely correct answer because it is not pointed out what is the really correct answer. So I was wondering what is the meaning of this – “in any action” – whether there is an intent to return to the old rule and cancel the rulings in MAGDALENA. To me, this is a question mark. Even Justice Jose Feria, in his note, cannot answer it. Sabi niya, “in any action but there is a case, decided in MAGDALENA...” He is the author, one of the authors, but he cannot explain the intention. Sabi niya: “the SC earlier ruled…” I asked, “but why did you insert that?” Kaya to my mind, it is still a question mark. Maybe it is just an inadvertent amendment without any intention to abrogate the ruling in MAGDALENA, PANTALEON, etc. But maybe that is the intention. So, let us wait for the proper case at the right time to find what is the intention of the phrase “in any action.” BALTAZAR vs. COURT OF APPEALS December 8, 1988 FACTS: Good Earth Enterprises, a domestic corporation was sued. Sheriff went to the address of the corporation but the corporation was no longer there. It moved to another place. Subsequently, the sheriff returned the summons to the court. Plaintiff Baltazar filed a motion for leave to serve the summons and a copy of the complaint upon defendant Good Earth by publication ISSUE: Can there be a proper service by publication in this case? HELD: NO. Service by Publication (Section 14) will not apply because there was no diligent inquiry made by the sheriff. “Under Section 14, therefore, petitioner must show that the address of Good Earth was ‘unknown’ and that such address could not be ascertained by diligent inquiry. More importantly, We do not believe that the acts of the sheriff satisfied the standard of ‘diligent inquiry’ established by Section 14 of Rule 14. The sheriff should have known what every law school student knows, that Good Earth being a domestic corporation must have been registered with the Securities and Exchange Commission and that the SEC records would, therefore, reveal not just the correct address of the corporate headquarters of Good Earth but also the addresses of its directors and other officers.” SERVICE BY PUBLICATION UNDER SECTION 15 (Extraterritorial Service) When the defendant is not residing in the Philippines and he is not physically around he must be served with summons even if he is abroad and that is what is called extraterritorial service. We go back to the basic question: Q: Can you sue in the Philippines a defendant who is not residing in the Philippines and who is not around physically? A: NO, you cannot because there is no way for the court to acquire jurisdiction over his person EXCEPT when action is in rem or quasi in rem, like when the action is the personal status of the plaintiff who is in the Philippines or the properties of the defendant are in the Philippines. And the venue is where the plaintiff resides or where the property is situated. That is found in Section 3, Rule 4: Rule 4, SEC. 3. Venue of actions against nonresidents – If any of the defendants do not reside and is not found in the Philippines, and the action affects the personal status of the plaintiff or any property of said defendant located in the Philippines, the action may be commenced and tried in the court of the place where the plaintiff resides, or where the property or any portion thereof is situated or found. Q: If the defendant who is not around and is not residing in the Philippines can be sued under Rule 4, how will you serve summons? A: This is answered by Section 15: Sec. 15. Extraterritorial service. When the defendant does not reside and is not found in the Philippines, and the action affects the personal status of the plaintiff or relates to, or the subject of which is, property within the Philippines, in which the defendant has or claims a lien or interest, actual or contingent, or in which the relief demanded consists, wholly or in part, in excluding the defendant from any interest therein, or the property of the defendant has been attached within the Philippines, service may, by leave of court, be effected out of the Philippines by personal service as under section 6; or by publication in a newspaper of general circulation in such places and for such time as the court may order, in which case a copy of the summons and order of the court shall be sent by registered mail to the last known address of the defendant, or in any other manner the court may deem sufficient. Any order granting such leave shall specify a reasonable time, which shall not be less than sixty (60) days after notice, within which the defendant must answer. (17a) Q: In what instances can you sue in the Philippine courts a defendant who does not reside and is not found in the Philippines? The other way of asking is, when may a defendant be sued and served with summons by extraterritorial service? A: Let us break up Section 15. There are four (4) instances when a defendant who does not reside and is not found in the Philippines may be sued and summons served by extraterritorial service, provided the case is in rem or quasi in rem: 3.) the action affects the personal status of the plaintiff; EXAMPLE: A child left behind files a case against his father for compulsory recognition or acknowledgement at least to improve his status because the res is the status of the plaintiff. 4.) when the action relates to or the subject of which is, property within the Philippines, in which the defendant has or claims a lien or interest, actual or contingent; 5.) when the action relates to or the subject of which is, property within the Philippines in which the relief demanded consists, wholly or in part, in excluding the defendant from any interest therein; or 6.) When the property of the defendant has been attached within the Philippines – that is the MAGDALENA case. NOTE: The action must be either action in rem or quasi in rem. So an action in personam can never be filed against a non-resident defendant. That is the similarity between Section 14 and 15 on the assumption of the ruling in the MAGDALENA is still intact. Even if the defendant is not in the Philippines, the action must be in rem or quasi in rem. That is their similarity – the action must be classified as in rem or quasi in rem. That is if we follow the MAGDALENA ESTATE ruling. Q: What is the difference between Section 14 and Section 15? A: The difference between Section 14 and 15 is that in Section 14, the defendant is in the country but his exact whereabouts is unknown, whereas in Section 15, he is really out of the country and is no longer residing here. MODES OF EXTRATERRITORIAL SERVICE Q: How do you serve summons for such a defendant in Sect. 15? A: Service may, with leave of court, be effected in the Philippines: 6.) By personal service under Section 6; 7.) by publication in a newspaper of general circulation in such places and for such time as the court may order, in which case a copy of the summons and order of the court shall be sent by registered mail to the last known address of the defendant; or 8.) In any other manner the court may deem sufficient. (Carriaga vs. Malaya, 143 SCRA 441) a.) modes of extraterritorial service; PERSONAL SERVICE c.f. Section 6 Rule 14 – Sheriff, deputy sheriff, officer of the court, other persons authorized by court with valid order. The court will order that he will be served with summons just like in Section 6. Paano? We will ask the court to allow summons to be served outside the Philippines by personal service by sending the sheriff to America. Bigyan siya ng visa, round trip ticket with pocket money. That is personal service. But that is very expensive. That could be done pero impractical. Or, I would like to sue a defendant who is there. I have a friend who is a balikbayan and he knows where that defendant is residing. So I will ask the court that the defendant who is residing in California be served with summons personally through this person. As if he is deputized or he can send the summons to the Philippine embassy with a request for an employee of the embassy to serve the summons personally. b.) modes of extraterritorial service; BY PUBLICATION IN A NEWSPAPER OF GENERAL CIRCULATION IN SUCH PLACES AND FOR SUCH TIME AS THE COURT MAY ORDER, IN WHICH CASE A COPY OF THE SUMMONS AND ORDER OF THE COURT SHALL BE SENT BY REGISTERED MAIL TO THE LAST KNOWN ADDRESS OF THE DEFENDANT The second manner is by publication which is similar to Section 14. The court will order the summons and complaint to be published in a newspaper of general circulation in such places and for such time as the court may order. In which case a copy of the summons and order of the court shall be sent by registered mail to the last known address of the defendant. So, aside from publication, another copy will be sent by registered mail to his last known address. So, meron ng publication, meron pang registered mailing of copy of the summons. SAHAGUN vs. COURT OF APPEALS 198 SCRA 44 FACTS: Defendant is residing permanently in LA, this is an action in rem. By leave of court, summons was served through publication by ordering to be published for 3 weeks in the Philippine Daily Inquirer. Another copy will be sent to his last address. Here defendant questioned the publication. According to him, publication should be in a newspaper in LA, not the Philippines. How can I be expected to read it when it is published in the Philippines, nobody will bring it to my attention. But if it is published here, the probability that I read it is stronger or my neighbor will bring it to my attention. ISSUE #1: Is the contention of the defendant correct? HELD: NO, he is wrong because nothing in the law requires the publication to be in a foreign newspaper. What is says is a newspaper of general circulation in such places and for such time as the court may order. Well, if the court will order that it should be published in a newspaper in LA, puwede rin. If it orders that it should be in a local newspaper, puwede rin because the law does not say ‘only such places’. ISSUE #2: What would happen if we will follow the argument of the defendant which is wrong? HELD: Another reason why the defendant is wrong is, if we will require courts to order the publication in a foreign newspaper, then we will require the court to have a list of all the newspaper in LA and our courts will be required to know the rules and rates of publication in LA and suppose the same thing happens to a if he be so minded. while there is no prohibition against availing of a foreign newspaper in extraterritorial service of summons. and the res is property here. And you can imagine if we have to do that in every city in every country in the world. hindi kailangan ang jurisdiction over his person. and that he may thereby be accorded an opportunity to defend in the action. Actually. the rule specifically authorizes the same to be made in such places and for such time as the court concerned may order. Even if he is served with summons. The only relief that may be granted in such an action against such a nonresident defendant. even if you will publish the summons a hundred times in a newspaper.” ISSUE #3: Is extraterritorial service of summons under Section 15 a mode of acquiring jurisdiction over the person of the defendant? HELD: NO. rules and rates of publication in said place. still the Philippine court will not acquire jurisdiction over the person of the defendant because it is simply out of the country. Naloko na. Remember the principle that if there is no way for the court to acquire jurisdiction over the person of the defendant. neither should such publication in a local newspaper of general circulation be altogether interdicted since. who does not .defendant in San Francisco. But at least. the substitute is jurisdiction over the res. the owner who is abroad should be informed about it. Remember that he has properties in the Philippines which you can want to take away form him. the judgment will not be useless and it can be enforced. not for purposes of physically acquiring jurisdiction over his person but simply in pursuance of the requirements of fair play. Imagine the trouble? It is requiring the court too much. there is no need to acquire jurisdiction over the person of the defendant. the courts are required to have a list. “Service of summons on a nonresident defendant who is not found in the country is required. So. our processes have no effect outside Philippine territory. so that he may be informed of the pendency of the action against him and the possibility that property in the Philippines belonging to him or in which he has an interest may be subjected to a judgment in favor of a resident. What is important is that res is in the country so we can enforce the judgment so that ownership may be transferred to plaintiff. So. after all. If the trial court should be required to resort to publication in a foreign newspaper it must have at hand not only the name and availability of such newspaper or periodical. we can very well anticipate the plethora of problems that would arise if the same question on nonresident defendants is replicated in the other countries of the world. ISSUE #4: What is then the purpose of the requirement of publication? Why will I be required to publish but just the same the court will not acquire jurisdiction over his person? HELD: The purpose of publication is to comply with the requirement of due process. “In fine. He should be informed before he loses his property. It cannot render judgment on the damages because that is in personam. vs.?” Plaintiff. But if he submits now to the jurisdiction of the court by filing an answer or by hiring a lawyer in the country. the court can only render judgment insofar as the land is concerned. And he is suing as an indigent litigant. the manner of service of summons on the ground that it is not by personal service or publication but by registered mail. ti suportahan ta!] EXAMPLE: I will file a case against a non-resident defendant for recovery of a piece of land and damages.” That is why also in the case of SAHAGUN. he is now submitting his person to the jurisdiction of the court. . the SC emphasized that if the summons is served by publication. the court can now render also a judgment in personam against him. They mailed the summons abroad and the defendant received it. JR. That was the explanation in the case of SAHAGUN. I will raise that amount. Of course. The defendant questioned. But if he will not submit. My golly! How can you ask him to resort to publication? He cannot even pay the filing fee! Suppose the court will say.” Judge. The claim for damages is in personam.” And that is what exactly happened in this case at bar where the court allowed the service of summons abroad by a registered mail. “Siguro. ISSUE: Is there a valid service of summons under Section 15 through registered mail? HELD: YES. ok lang because anyway. the res is here. “Yes. the defendant received the letter but still challenged the jurisdiction of the court. is limited to the res. A good example of that was what happened in the case of CARRIAGA. There could now be a valid judgment not only on the res but also on the damages. It would fall under “In any other manner the court may deem sufficient. The relief is limited to the res so there could be no relief for damages unless he voluntarily submits himself to the jurisdiction of the court. “If we will mail the complaint and the summons by registered mail in the post office. “Do you know the address of your father in the U. IN ANY OTHER MANNER WHICH THE COURT MAY DEEM SUFFICIENT That is a very general term.) modes of extraterritorial service. He is summoned by publication and based on the SAHAGUN ruling.choose to submit himself to the jurisdiction of the Philippine court. [bahala siya… kung san siya masaya. But if he files an answer. Kaya mo ba?” Plaintiff. that will cost you P15 to P30. for compulsory acknowledgement or recognition as an illegitimate child. any judgment that the court can render is only good for the res. Well.” That is what happened in the case of MALAYA. c.S. and I even know the zip code. the claim for recovery of land is in rem. MALAYA 143 SCRA 441 FACTS: Plaintiff files a case against his father in the US who has no intention of coming back in the Philippines. there was a case decided by the SC on the extraterritorial service of summons. who is also her attorney. It is given a longer period in order to give him more time. Now in 1996. the defendant is Lourdes Valmonte who is a foreign resident. Valmonte filed a case against her for partition of real property. Any application to the court under this Rule for leave to effect service in any manner for which leave of court is necessary shall be made by motion in writing. (19) He must file a motion under Section 17 to effect service of summons by publication. ISSUE : Was there a valid service of summons on Lourdes Valmonte? . Sec. then what is the period to file an answer? A: The non-resident is given not less than 60 days to file an answer. Q: Is there such a thing as service of summons by registered mail under Rule 14? A: NONE. She is residing abroad. The court will then issue an order. Unlike in Rule 13. You know that you have to implead all the co-owners. the sister of Mrs. Her husband. setting forth the grounds for the application. The case of VALMONTE vs. He is Atty. it is very queer. The summons intended for Lourdes was served on her husband in the latter’s law office because anyway. Q: If the court allows service of summons abroad. COURT OF APPEALS 252 SCRA 92 [1996] J. Valmonte – yung mga Valmonte sa checkpoint cases in Constitutional law. due process has been served and the case can now proceed. Now. So in other words. The SC said extraterritorial service of summons by registered mail may fall under the third mode of service under Section 17 (now. Section 15) “In any other manner the court may deem sufficient. Alfredo Valmonte. supported by affidavit of the plaintiff or some person on his behalf. UNLESS a different period is fixed by the court. because he is practicing in the Philippines.” There is no denial of due process to be informed because you were informed so you cannot resort to technicality. when you serve and file a pleading there is such a thing as service by registered mail. the husband is here. his wife is residing abroad but he is here. This is related with Section 1 rule 11: “The defendant shall file his answer to the complaint within 15 days after service of summons. Leave of court. Mendoza FACTS: Here.And since the defendant has received the summons. So. Q: But how come in MALAYA case it is allowed? A: Because it was considered as falling under the general phrase. has a law office in the Philippines.” And take note that under Section 17. Only personal service or by publication. there must be a motion to effect service of summons by publication. He is an activist-lawyer. 17. “In any other manner the court may deem sufficient” not because it is allowed but the court considered it as deemed covered under the phrase. The only possibility is the third one. leave of court is required when serving summons by publication. When any action is commenced against a defendant who ordinarily resides within the Philippines. when the defendant is a non-resident and being served abroad under Section 15. like the first two. while in the latter. Residents temporarily out of the Philippines.HELD: There is NONE. it is at least sixty (60) days from notice. There was also no publication. It must be noted that the period to file an Answer in an action against a resident defendant differs from the period given in an action filed against a nonresident defendant who is not found in the Philippines. because there was no order granting such leave. and most importantly. So it does not comply with Sections 15 and 17. according to the rules. In this case. it is an action quasi in rem. must be made outside of the Philippines such as through the Philippine Embassy in the foreign country where the defendant resides. “Finally. In this case. by leave of court. So. the case at bar is an action for partition and accounting under Rule 69. And here.” So those are the three main reasons cited by the SC on why there was improper service of summons on Lourdes Valmonte under the rules. Lourdes Valmonte was not given ample time to file her Answer which. the period is fifteen (15) days from service of summons. In the former. there was an erroneous computation of the period to answer. the service of summons was not effected personally because it was served on the husband. the law guarantees a minimum of sixty (60) days to answer the complaint pursuant to Section 15. So you must follow the modes of service under Section 15 because the action is quasi in rem. but who is temporarily out of it. shall be not less than sixty (60) days after notice. she was only given fifteen (15) days to file the answer. was there any motion filed here? Wala man ba. There must be a motion where the court will direct that the summons be served in that manner. Since this is an action quasi in rem and Lourdes Valmonte is a non-resident who is not found in the Philippines. as under the preceding section. This mode of service. 16. SERVICE OF SUMMONS BY PUBLICATION UNDER SECTION 16 Sec. Was there any order of the court authorizing it? Wala rin. So it does not also fall under the third mode. REASON #2: Under Section 17. service may. (18a) Q: What is the main difference between defendant in Section 15 and in Section 16? . REASON #3: The third most important reason is that. be also effected out of the Philippines. “in any other manner the court may deem sufficient.” But the third mode applies only when you are serving the summons abroad. You cannot apply this when you are serving the summons in the Philippines. REASON #1: First of all. Therefore. Section 15. There was no valid service of summons. summons on her must be in accordance with Rule 14. “Who are you?” And the person said that he is the one in charge here. ISSUE #2: Second. You are very irresponsible! What kind of a . But if the personal service cannot be effected within a reasonable time. and in any other manner the court may deem sufficient. a person of sufficient age and discretion because for justifiable reasons. Substituted service is also applicable. eh. Unlike Section 15 where the defendant has no residence here. you can serve summons just like in Section 15 – through personal service. Torres is in a world tour. defaulted na siya. So. “When is your boss coming back?” Mga four or five months pa. Well of course. during the five months when I was abroad. the sheriff said. But there was somebody left in the house. ISSUE #1: Can substituted service of summons be applied to a defendant who is residing in the Philippines but temporarily out? HELD: YES. by publication. So I only learned about it after five months. The problem is. the sheriff cannot serve personally because you will be out of the country for the next four or five months. I can sue her but it will take months before she come back. So. So there was no opportunity for me to ask him what has been happening there. So. So in the name of equity please set aside the judgment. the defendant is residing in the Philippines but on a world tour and he will be out for so many months. Q: How will you serve summons to him? A: According to Section 16. sabi niya. EXAMPLE: Suppose Ms. One of the leading case on this type of defendant was in the old case of: MONTALBAN vs.” HELD: In the name of equity. And in your case. MAXIMO 22 SCRA 1070 FACTS: In this case. the sheriff can resort to substituted service. I failed to answer because you see. Pagbalik ng tao. in relation to Section 15. while in Section 16 defendant is residing in the Philippines but temporarily out of the Philippines. substituted service is also applicable even if the defendant is outside of the Philippines. summons must be served with leave of court by personal. So the sheriff has to resort to substituted service. He has also no opportunity to tell me about what happened because he does not know where I was. It is true that personal service of summons is preferred. So he questioned the service of summons because under Section 16. the sheriff resorted to substituted service under Section 7. he is not there. That is unfair. You did not even bother to call and tell the person left where you were. because I really had no knowledge about the case. The sheriff resorted to substituted service by leaving it to the person in charge. the sheriff served upon the person in charge the summons. publication or in any other manner. Naga-tour ba! It was at that time when the summons was served in his residence. defendant is residing abroad and not even found in the Philippines. we will not set aside the judgment. When you called up perhaps the person left could notify you about the summons. you have a residence man. She is considered a resident defendant temporarily out of the Philippines. I never had the opportunity to call up the one I left behind. your action will already prescribe. “Equity na lang.A: In section 15. And there was a default judgment. meron ng execution. So one option is to wait for him to come back and then serve the summons personally. (9a) Section 8 is related to Rule 3.person are you? You will leave for abroad and you will not even bother to call up to find out what is going on. 15. been severed before the action was brought. SERVICE OF SUMMONS IN EXCEPTIONAL CASES 1. it uses MAY. When the defendant is a prisoner confined in a jail or institution. Service upon prisoners. (12a) . wala! So the case of MONTALBAN provides that the service of summons under Section 16 on the defendant doesn’t prevent the application of Section 7 in addition to Section 15. And one thing that you will notice in Section 16 is that the action is IN PERSONAM.) SERVICE OF SUMMONS UPON AN ENTITY WITHOUT JURIDICAL PERSONALITY Sec. how do serve summons upon him? A: Under Section 8. So the action in Section 16 need not be an action in rem or quasi in rem because he is actually residing in the Philippines and only temporarily out. So. Service upon entity without juridical personality. Summons can be served abroad just like in Section 15 but it does not mean to say that you cannot apply Section 7 because anyway it does not say MUST. the names and addresses of the persons composing said entity must all be revealed. 9. 2.) SERVICE OF SUMMONS UPON SOMEBODY WHO IS A PRISONER Sec. they may be sued under the name by which they are generally or commonly known. In the answer of such defendant. When persons associated in an entity without juridical personality are sued under the name by which they are generally or commonly known. So in Section 16. You may also serve summons upon the person in charge of the office of the place of business. But such service shall not bind individually any person whose connection with the entity has. (15a) Q: Since you can sue someone without juridical personality. Sec. service shall be effected upon him by the officer having the management of such jail or institution who is deemed deputized as a special sheriff for said purpose. he can be served with summons. Entity without juridical personality as defendant. It is purely an action for damages. upon due notice. When two or more persons not organized as an entity with juridical personality enter into a transaction. that is sufficient. Service upon any of those defendants is service for the entire entity already. service may be effected upon all the defendants by serving upon any one of them. or upon the person in charge of the office or place of business maintained in such name. there could be also substituted service of summons in addition to Section 15 and the action could be in personam as distinguished from Sections 14 and 15 where the action must be in rem or quasi in rem. by serving summons upon anyone of them. Section 15: Rule 3. when residents are temporarily outside of the Philippines. 8. He may not necessarily be the owner but incharge of the office. Q: When you sue a minor or an insane. in-house counsel. etc. general manager. Majority of our corporations in the Philippines. partnership or association organized under the laws of the Philippines with a juridical personality. Service upon domestic private juridical entity. Security Bank . he is the real party in interest. A: Because under Rule 3. corporate secretary. Sometimes.Q: How do you serve summons to somebody who is a prisoner? A: Under Section 9. treasurer. It is not necessary for the court officer to go into the jail and look for the prisoner. almost 95%. how is summons served? A: You serve the summons to the father or mother in the case of minor.) WHEN SERVICE OF SUMMONS ON DOMESTIC PRIVATE JURIDICAL ENTITY. Q: Who are these officers? A: President. how do you serve summons to a corporation? Actually. The jail warden is automatically considered as deputized to serve it to the prisoner.) SERVICE OF SUMMONS UPON MINORS AND INCOMPETENTS Sec. (10a. Q: To whom do you serve summons if it is a corporation? A: In the case of a corporation. guardian. Service upon minors and incompetents. or in-house counsel. Now. administrator. Ordinarily summons must be served to a human being. Like banks – BPI. 3. or if none. they only exist by legal friction. PRESIDENT. When the defendant is a corporation. summons shall be served through the person in-charge of the jail like the jail warden. 11. in the case of incompetent people or to the minor himself. 10. service may be made on the president. For a legal guardian. managing partner. 4. summons is served upon its officers. the president of a corporation is called the Chief Executive Officer or . (13a) What do you mean by domestic? A corporation or association organized under Philippine laws. upon his guardian ad litem whose appointment shall be applied for by the plaintiff. to somebody who is supposed to be the representatives. are domestic private corporation.they can be sued because they are persons in the eyes of the law. service shall be made upon him personally and on his legal guardian if he has one. common sense will tell that in case of a corporation. they have no physical existence. treasurer. you have to serve the summons through people who run the corporation. When the defendant is a minor. managing partner. general manager. In the case of a minor. Sec. Therefore. 11a) Relate this to Rule 3. insane or otherwise an incompetent. Q: The law says that “service shall be made upon him (the minor) personally” when he may not understand what it is all about? Baka itatapon lang niya iyon. service may also be made on his father or mother. Section 3 on Representatives as Parties – trustee of a trust. corporate secretary. MARINE DEV’T CORP. The new law has already emphasized ‘corporate secretary. although appearing for the first time in the 1997 rules. In the previous law.’ Before illiterate sheriffs used to serve summons on secretary-typist. most of the corporations there have in-house counsels. But these corporations hire lawyers from the outside when it comes to sensitive cases. not the typist secretary. But here is the most radical change. you can serve the summons on any of the directors of the corporation – MEMBERS of the BOARD ba.’ nawala na! Did you notice under the old law. there is a valid service. the summons was served to the Operations Manager of the corporation and the SC said the service was valid because he is considered as an agent. General manager is the over-all manager of the corporation throughout the Philippines. if you serve it to the general manager or the President. The rule that summons may be served on internal legal counsel. vs. (241 SCRA 77 [1995]). Cashiers are ordinary employees which is more on clerical works. the word there is simply “manager. for instance. He is actually employed by the corporation. Now. So the in-house counsel is new and it confirms what the SC said. there are so many managers like branch managers. is actually an old rule. It binds the corporation under the ruling in the case of PHILIPPINE OIL MKTG. IN-HOUSE COUNSEL. The corporate secretary is the custodian of the records of the corporation. In a corporation. Like in the case of R TRANSPORT CORPORATION vs. CA. hindi na puwede. (117 SCRA 879) and FAR CORPORATION vs. The word ‘AGENT.CEO.” But even in the old law. because anyway. He is usually based in the head office. He takes care of the legal problems. Like Ayala Corporation in Manila. The prior law says “cashier” now they have changed the word to ‘treasurer. wala na yan ngayon. because you cannot be a corporate secretary unless you are a stockholder. there is agent. I think the only member of the Board here is the Corporate Secretary. GENERAL MANAGER. FRANCISCO(145 SCRA 197) that the in-house counsel if served with summons. they have internal legal counsel more or less 10 while Bank of Philippine Island has around 15. CORPORATE SECRETARY. Not so much here in Davao. the directors. He is just like a budget secretary of the government. CORP.’ It is because treasurer is actually an officer also. Two (2) Persons in the OLD RULE not mentioned in the new rules: But here is the change. the word “manager” is interpreted as general manager. They are referred as external legal counsel. .” Now they added the word “general. The prior law only used the word “secretary” but it has been interpreted as corporate secretary. In Manila. TREASURER. So. The word agent was so broad and so general that the SC has actually included there so many people. chances are it will also be referred to him kay siya man ang abogado. He is the lawyer of the company. It has been ruled already in some cases that service of summons upon an in-house counsel of a corporation is valid. This is in case of a partnership. MANAGING PARTNER. Under the prior law. He is also a stockholder. And these people are not here! The President is not here. ABENDANO (135 SCRA 397 [1985]). That is why they removed the word ‘agent. it is void. He forwarded it to their President in Manila. we should stick to the principle that technicalities should not give way. The ones based here are branch managers and they are now disqualified. suppose you will serve it to the Branch manager? Of course the corporation will say that there is no valid service of summons. reiterated in the case of GOLDEN FARMS vs. The need for speedy justice must prevail over technicality. treasurer. In the case of FAR CORPORATION vs. Suppose I will serve it on the Branch Manager. BUENCAMINO (124 SCRA 434) the service of summon an employee employed in a corporation does not bind the corporation because an ordinary employee who is not an officer is not considered as agent. Now. Corporate Secretary. it is now very difficult to sue a corporation based in Makati if you are here in Davao because your summons has to be coursed through them. treasure. Eh ano pa ngayon ang reklano ninyo? Anyway you already acquired it. the summons was served on a mere clerk of the corporation. in-house counsel – Doon man ang opisina nila ba. But that is under the 1964 rules when you are deemed to be an agent. But now. the word ‘agent’ disappeared. etc. She is qualified as agent. Despite this.’ And if that interpretation prevails that the intention of the rules is to limit to these people. CA (158 SCRA 466). FRANCISCO (146 SCRA 197). So. Now. there are cases were the service of summons to an ordinary employee who is not an officer was valid. So. But look at the case of GESULGON. However. SUN BAR DEVELOPMENT CORPORATION (214 SCRA 295). They are all based in the head office. etc. the summons was served on the confidential secretary of the President and the SC said the service is valid. my golly! That is another headache! It can be argued both sides eh. the summons was served on the Chief of Finance and Administrative Section of the corporation and the SC said that he will fall under the word agent. it is very specific. The clerk could be considered as an agent. If that is the intention of the law. in-house counsel. And the law is very clear: President. But it can also be argued under the old law. in the 1997 rules. you learned about it. And in the cases of J AND J CORPORATION vs. managing partner. The SC said that the defect is cured. Precisely. if the intention is to make . OK. the summons was served on the Assistant General Manager of the corporation and the SC said that the service was valid because he is an agent. corporate secretary. The intention of the new rules is to limit the service to anyone of these. Can you insist that the court has no jurisdiction when actually you are well aware already of the suit? You can say. But the clerk gave it to the President. In the cases of DELTA MOTORS vs. general manager. he is not even an officer. Among which are: The case of SUMMIT TRADING vs. the word ‘agent’ has become very broad and it practically covers all corporate officers who are presumed to be responsible. MASAGUN (70 SCRA 598) and ATM TRUCKING vs.In the 1993 case of GESULGON vs. The General Manager. let us go to reality. NLRC (219 SCRA 561). Section 11 thus becomes another controversial provision. like the assistant general manager. through its Branch Manager Wendell Sabulbero at the address at CDO but the Sheriff’s Return of Service stated that the summons was duly served "E. ID. 6. Villarosa & Partners is a limited partnership with principal office address at 102 Juan Luna St. All those cases were decided based on the word ‘agent’ – are they agents? At least there is basis. FAR EAST CORP. All those doctrines have now been rendered obsolete because of this change. and evidenced by the signature on the face of the original copy of the summons. The intention of the law is to limit only to these people. Villarosa and Imperial Development (ID) executed an Agreement wherein Villarosa agreed to develop certain parcels of land in CDO belonging to ID into a housing subdivision. under the new Rules. or the corporation's Chief Finance and Administrative Office. both sides can be defended." Villarosa prayed for the dismissal of the complaint on the ground of improper service of summons and for lack of jurisdiction over the person of the defendant. service of summons upon an AGENT of the corporation is NO LONGER authorized. retained counsel. SUMMIT TRADING na pwede. . 1998 of the summons and the complaint. That is why this is a controversial provision. Villarosa & Partner thru its Branch Manager at their new office Villa Gonzalo. "corporate secretary" instead of "secretary".. The officer upon whom service is made must be one who is named in the statute.” “The designation of persons or officers who are authorized to accept summons for a domestic corporation or partnership is now limited and more clearly specified in Section 11. these persons were considered as "agent" within the contemplation of the old rule. 1999] FACTS: E. otherwise the service is insufficient.B. 11. Rule 14 upon whom service of summons may be made. E. ordinary clerk of a corporation. a corporation's assistant manager. were served upon Villarosa. CDO. as shown in the Sheriff's Return. then the word ‘agent’ should have been retained. filed a Complaint for Breach of Contract and Damages against Villarosa before the RTC allegedly for failure of the latter to comply with its contractual obligation. Earlier cases have uphold service of summons upon a construction project manager.B. Now. . Summons. The rule now states "general manager" instead of only "manager". So. VILLAROSA LTD vs. The liberal construction rule cannot be invoked and utilized as a substitute for the plain legal requirements as to the manner in .everybody a responsible officer. officials who had charge or control of the operations of the corporation. together with the complaint. Villarosa contends that the RTC did not acquire jurisdiction over its person since the summons was improperly served upon its employee in its branch office at CDO who is not one of those persons named in Sec.” “A strict compliance with the mode of service is necessary to confer jurisdiction of the court over a corporation. and "treasurer" instead of "cashier. BENITO 312 SCRA 65 [Aug. or any of its directors" is conspicuously deleted in the new rule. In these cases. ID filed a Motion to Declare Villarosa in Default alleging that Villarosa has failed to file an Answer despite its receipt allegedly on May 5. the word ‘agent’ is no longer there.” “Notably. Rule 14. Davao City and with branch offices at Parañaque and Cagayan de Oro City (CDO). eh. HELD: “We agree with Villarosa. Whether this change has abrogated GESULGON.." The phrase "agent. private secretary of corporate executives.B. that is already touched in Rule 11.” 5. his authorized agent or attorney.” “There being no proper service of summons. on the government official designated by law to that effect.” “Section 20 now provides that the inclusion in a motion to dismiss of other grounds aside from lack of jurisdiction over the person of the defendant shall not be deemed a voluntary appearance. 12. The assailed Orders of the public respondent trial court are ANNULLED and SET ASIDE. If it has none. or on any of its officers or agents within the Philippines.) SERVICE OF SUMMONS UPON FOREIGN PRIVATE JURIDICAL ENTITY Sec. then to the appropriate Philippine government officer who will transmit it . we rule that the service of summons upon the branch manager of Villarosa at its branch office at CDO. . Any proceeding undertaken by the trial court will consequently be null and void. Service upon foreign private juridical entity. service may be made on its resident agent designated in accordance with law for that purpose. the corporation is a foreign corporation but doing business in the Philippines because the law says. the party is deemed to have submitted himself to the jurisdiction of the court. the RTC did not acquire jurisdiction over the person of Villarosa.” “Before. foreign banks. the rule was that a party may challenge the jurisdiction of the court over his person by making a special appearance through a motion to dismiss and if in the same motion. the filing of a motion to dismiss. the trial court cannot take cognizance of a case for lack of jurisdiction over the person of the defendant. when the defendant is a foreign private juridical entity which transacted business in the Philippines…” When a foreign corporation is not doing business in the Philippines. The emplacement of this rule clearly underscores the purpose to enforce strict enforcement of the rules on summons. whether or not belatedly filed by the defendant. or.which summons should be served on a domestic corporation. When the defendant is a foreign private juridical entity which has transacted business in the Philippines. CA which became the basis of the adoption of a new provision in Section 20 of Rule 14. you must serve it to him. This doctrine has been abandoned in the case of La Naval Drug Corporation vs. Accordingly. Q: To whom do you serve summons in this case? A: Well. the movant raised other grounds or invoked affirmative relief which necessarily involves the exercise of the jurisdiction of the court. just like a non-resident defendant. Accordingly. The best example of a foreign corporation doing business in the Philippines are air line companies.” “Service of summons upon persons other than those mentioned in Section 13 of Rule 14 (old rule) has been held as improper. Section 2. (14a) Q: What is the difference between corporation or entity in Section 11 and Section 12? A: The entity or corporation under Section 11 is domestic while under Section 12. Consequently. If it has a designated resident agent. the petition is hereby GRANTED. precisely objecting to the jurisdiction of the court over the person of the defendant can by no means be deemed a submission to the jurisdiction of the court. There is no question that the Villarosa’s voluntary appearance in the action is equivalent to service of summons. it cannot be sued.” “WHEREFORE. if there be no such agent. The fact that Villarosa filed a belated motion to dismiss did not operate to confer jurisdiction upon its person. instead of upon the GM at its principal office at Davao City is improper. the period is 30 days. dissolved na. Another case was REBULIDO vs. “Hindi ko makita. He is the only one to be served with summons in behalf of the corporation sued. You should have gone to the SEC and look at the records kung saan lumipat. COURT OF APPEALS 170 SCRA 800 FACTS: A corporation committed a wrong and then pagdemanda. service of summons to that person is exclusive.” Therefore. But if the foreign corporation has a designated resident agent in the Philippines and summons is served on him. being a domestic corporation must have been registered with the SEC and that the SEC records would therefore reveal. The deputy sheriff should have known what every law school student knows! – that defendant.to the head office. if there is a designated agent. the plaintiff filed a motion in court to be allowed to serve summons by publication under Section 14 when the whereabouts of the defendant is unknown.” BALTAZAR vs. COURT OF APPEALS 241 SCRA 192 [1995] HELD: When there is a designated resident agent to receive summons. you can go to his place and serve the summons to him. ni-report niya. But when the sheriff went to that address. He is the only person authorized to receive the summons. Section 2. A litigant or process server who has not gone through the records of the SEC cannot claim to have carried out the ‘diligent inquiry’ required under the law for valid service of summons by publication upon a domestic corporation. Therefore. the period to answer is only 15 days just like any other defendant. siya lang. Lumipat na sa ibang lugar. “If a foreign corporation has designated an agent to receive summons the designation is exclusive. the period to file an answer is longer if summons is served on a government official designated by law for that purpose. So there was improper service of summons by publication. not just the correct address of the corporate headquarters of the defendant. Q: What is the period to file answer? A: Under Rule 11. he was told by the security guard that the corporation was no longer holding office there. Service of summons is without force and gives to a court no jurisdiction unless made upon him. So. ISSUE: Was there a valid service of summons by publication? HELD: There was NONE. NORTHWEST ORIENT AIRLINES vs. So there was service of summons by publication.” So there was no diligent inquiry. When . COURT OF APPEALS 168 SCRA 354 [1988] FACTS: The summons was to be served on the corporation at an address. Also with the address of the officers like the President. we do not know already. but also the address of its officers. So. casual transaction. In the cases of PACIFIC MICRONISIAN LINE. ISSUE #1: Can you still sue a dissolved corporation? HELD: YES. to whom will you now serve the summons? HELD: You serve it on the last set of officers. They are the people who whom summons should be served. because that foreign corporation is not doing business in the Philippines. The same people mentioned – there must be a last President or a last Corporate Secretary.the action was filed. can that corporation be used in the Philippine courts? A: NO. The foreign corporation sent its people to deliver the machineries. When a corporation was placed under a Voting Trust Agreement (VTA). They stayed in the Philippines gor a while to check the machines and to teach the Filipinos how to run it. just like a non-resident defendant because the court can never acquire jurisdiction over that person or foreign corporation. Q: Now. it is very easy for a corporation to avoid liability by simply dissolving itself after it commits a wrong. He ordered machineries. ISSUE #2: If that is so. Otherwise. or transactions . if a foreign corporation is not doing business in the Philippines. take note that under the law. under the Corporation Law. etc. the corporation was already dissolved – wala ng juridical personality. EXAMPLE: A Filipino businessman wanted to buy machines where there is only one manufacturer and supplier which is a corporation in Europe. And to say that it is already dissolved or that it is no longer functioning is not also true. This corporation has no office in the Philippines. We know that ‘no? And the perennial debate is. going back to foreign private juridical entity. The President has no more personality – that is an exception to Section 11. the summons should be served on the trustee. No. the foreign private juridical entity is one doing business in the Philippines. INC.R. if we will say that a corporation which is already dissolved can no longer be sued. October 23. DEL ROSARIO G. even if you are already dissolved. the summons should be served on the person in whose favor the VTA was executed because the officers of the corporation have no more personality to manage the affairs of the corporation. FOREIGN ENTITY TRANSACTING BUSINESS IN THE PHILIPPINES Finally. And secondly. when a corporation is placed under VTA. it cannot be sued. So. when is a foreign private corporation doing or not doing any business in the Philippines? I think the Corporation Law has so many cases along that line. there is still a period for winding up where you can collect. So. L-7154. 1954 HELD: “‘Doing business’ is construed to mean such continuity of conduct and intention to establish a continuous business. vs. Section 12 does not refer to a foreign corporation with a single isolated. An isolated transaction. So. The Filipino businessman contracted with the foreign corporation. it is still functioning. city or municipality. under the rules. which cannot be sued. the foreign corporation. service may be effected on its executive head. in case of a province. NANKAI KOGYO CO. In the case of LINGER AND FISCHER vs. 1962 HELD: “Where a single act or transaction of a foreign corporation is not merely incidental or casual. So Section 12 does not apply. it is more accurate to apply the rules on Section 15 on extraterritorial service of summons on a non-resident defendant who is not physically here. IAC 125 SCRA 522 FACTS: A Philippine corporation entered into a contract with a foreign corporation and then their agreement says the foreign corporation agrees to be sued in the Philippines. So.’” So. how do you serve summons? Is Section 12 applicable? HELD: NO.” FAR EAST INTERNATIONAL vs. how shall we serve the summons? In the first place. service may be effected on the Solicitor General. When the defendant is the Republic of the Philippines. such as the appointment of a local agent. agrees to be sued. that foreign corporation cannot be sued in the Philippines. Your remedy is to go to Europe and sue that corporation there.which are occasional. incidental or casual and which do not evince intent to conduct continuous business do not constitute ‘doing business in the Philippines. it is not actually doing business. or like public corporations. Their agreement is similar to venue where we can agree on the venue of the case. November 30.’” “In order that a foreign corporation may be regarded as doing business in the Philippines. but is of such character as distinctly to indicate a purpose on the part of the corporation to do other business in the Philippines. So practically. LTD. If it enters into a contract with a Filipino business man. the foreign private corporation is doing business in the Philippines. Isa lang eh! So. a foreign corporation not doing business in the Philippines cannot be sued. And the problem now is. there must be continuity of conduct and intention to establish a continuous business. 6. Now. 13. puwede. Service upon public corporations. since it is not doing business. So. (10a) . and to make the Philippines a base of operations for the conduct of a part of the corporation’s ordinary business. to whom will you serve the summons? When a foreign corporation not doing business in he Philippines agrees to be sued in the Philippines.. summons should be served not in accordance with Section 12 but in accordance with Section 15 on extraterritorial service. the premise is.) SERVICE OF SUMMONS UPON PUBLIC CORPORATION Sec. Section 12 is not applicable because in Section 12. technically. the corporation may be said to be ‘doing business in the Philippines. and not one of a temporary character. or on such other officer or officers as the law or the court may direct. Q: Must the return be sworn to? A: NO NEED. to which affidavit a copy of the publication shall be attached. cities or municipalities. shall specify any papers which have been served with the process and the name of the person who received the same. place and date. Voluntary appearance is not necessary an answer. if the defendant files an answer. Proof of service by publication. like the City of Davao.” So the court may order that the summons be served on the city legal officer. 19. If the service has been made by publication. summons may be effected on the Solicitor General being the representative of the Republic. Remember that summons can be served by other person authorized by the court to do so. they cannot be sued. or a motion for bill of particulars – that is indicative of his submission to the jurisdiction of the court. Sec. then in effect. municipal or city mayor. there is still a valid service of summons. But in cases where it can be sued. The inclusion in a motion to dismiss of other grounds aside from lack of jurisdiction over the person of the defendant shall not be deemed a voluntary appearance. As a rule. and shall be sworn to when made by a person other than a sheriff or his deputy. his foreman or principal clerk. Voluntary appearance. 20. However. Then you specify that you serve also the complaint. except when made by a person other than a sheriff or his deputy. directed to the defendant by registered mail to his last known address. Proof of service. Sec. Here. he is submitting himself to the jurisdiction of the court and the court acquires jurisdiction over his person by voluntary appearance. . to whom served. (23a) The first mode of acquiring jurisdiction over the person of the defendant is service of summons. service may be proved by the affidavit of the printer. (20) This is called a SHERIFF’S RETURN where the sheriff will state the manner (personal or substituted. Name of person who received the same. postage prepaid. (21) VOLUNTARY AND SPECIAL APPEARANCE Sec. and by an affidavit showing the deposit of a copy of the summons and order for publication in the post office.An example of a public corporation is the Republic of the Philippines. 18. or if there is improper service of summons. or of the editor. The proof of service of a summons shall be made in writing by the server and shall set forth the manner. Kung provinces. Like a motion for an extension of time to file an answer. and date of service. business or advertising manager. The defendant's voluntary appearance in the action shall be equivalent to service of summons. even when there is no service of summons. Summons may also be effected on “such other officer or officers as the law or the court may direct. service may be effected on the executive heads such as the provincial governor. place. publication). you are also voluntarily submitting to the jurisdiction of the court. which we will discuss more in detail when we reach Rule 16 on Motion to Dismiss. the second sentence.” Definitely. of course. when a defendant files a motion to dismiss on the ground that the court has not acquired any jurisdiction over his person. it becomes absurd if I will file a motion to dismiss questioning the jurisdiction of the court over my person and then the court will say. can be waived by voluntary appearance. That is the second mode. that principle is taken from the ruling of the SC in the leading case of LADAVAL DRUG CORPORATION vs. lack of jurisdiction over the person of the defendant because of absence of service of summons or improper service of summons. Now. Otherwise.  .” What is the meaning of that? Well. That is a SPECIAL APPEARANCE precisely to question the jurisdiction of the court over his person. that is not the appearance contemplated by Section 20. 236 SCRA 28. by filing the motion to dismiss. “Well. Now. that is not a voluntary appearance. “The inclusion in a motion to dismiss of other grounds aside from lack of jurisdiction over the person of the defendant shall not be deemed a voluntary appearance. A special appearance is not indicative of the intention to submit to the jurisdiction of the court. CA.That is why we said.