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Deceased parties:

Di nasama yung heirs would the judgment still be valid?


What is the relation between parties? (joint divisible)
Death during pendency: not dismissedcontinuedorder of substitution
Do you file when the claim is finished or while going on
-when finished but can file while going on as a contingent claim
if you file a claim after settlement: barred (metrobank v. absolute
management)

no certificate
forum shopping

splitting is a specie of forum shopping

res judicata/litis pendencia


splitting

dismissible for forum shopping---

splitting of cause of action


2) damages

same cause of action 1) collection

res judicata/litis pendentiasplitting


3 punchessplitting: NO
res judicata/litis pendentia: includes splitting and non-splitting but
part of the same series of transaction
test: part of the same transaction
res judicata = rj/lp
certification = sworn statement that there is no pending
not commenced any other civil action involving the same issues
in any court or quasi-judicial agency

Monday meeting
Forum shopping
forum shopping
No forum shopping
non-deliberate/non-willful
willful/deliberate
no certification dismissal w/o prej.
dismiss for lsrj
upon motion

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admin(?)

false certification indirect contempt


crim
dismissible w/o
prej. Filing of adm/
crim case
non-compliance
w/ certification
(which part?)
sec. 5 Rule 7
allegations required:
certification

X
summary
dismissal

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dismissal with prejudice


for ls/rj
with prej

w/prej
cause for admin
direct contempt

Rule 7 sec 5 does not cover all situations


Can you dismiss res judicata/litis pendencia motu propio omnibus motion
rule
notes:
does every initiatory pleading in court require a certification? YES APPLY
OMNIBUS MOTION RULE

(verification)
first thing to look at: caption because if wrong, may be dismissed for lack of
jurisdiction
then check if there is a cause of action
verification not normally requiredonly certain petitions (covered by rules on
summary proceedings/small claims to expedite things) lie? Perjury
personal knowledge impt
certification vs. verification
lack of certification not curable by mere amendment
lack of certification: there must be a motion to dismiss//motu propio
dismissal if it is deliberate and willful
CASE: AYALA v. VALISNO
5 causes of action separate
SEVILLEJA v. LAGUI
Same issues/same parties
One admin case and one ombudsman case
Civil/admin/criminal cases are independent of each other
Kung may pending case in any quasi-judicial tribunal kailangan pa rin sabihin
Is there forum shopping? NO pa rin. Power of Ombudsman is merely
investigatory
BA SAVINGS
Authorized through board resolution
Attached to petition for corporate secretaries
Can they sign a cert on behalf of the corporationYES
Corporations cannot act on their own
CAGAYAN VALLEY
Belatedly submitted a board resolution
President signed verification
Rule: Needs a board authority
only individuals vested
MC Engineering
Assuming na walang pirma yung hanlin did the CA correctly dismiss the
case?
incomplete certification (one party did not sigh) dismiss it only with regard
to that party so mali yung CA according to sir
LDP and Swedish Case
LDP:
exceptions to the general rule that certificate can be
substantially complied with by amendment//as long as there is certification
kahit late yung authority i-attach, OK pa rin

Swedish:
HAMILTON
There was a certification (first hurdle met!)
Signed by another person
By specific proviso: dapat the parties
Verification: if you dont file you can make habol
Exception they couldnt sign becausereasons
SANTOS v. CA
illegal dismissal
counsel executed verification and certification
duly authorized to fully verify: YES
certify: NO not pwede
there is no reasonable justification
law: it must be the parties who should certify
CAVILE
3 sets of heirs
only one of the petitioners filed a petition after talo
that one person is authorized to sign on behalf of everyone
court said substantial compliance: relatives and common interest
FIEL
Only one of them signed
Rest who did not sign
*to follow authority
END MEETING
DRAFT A PLEADING
5 parts
1. Caption
a. Name of court
b. Title of action
c. Docket number
2. Body
3. Signature and address
4. Verification
5. Certification
REPUBLIC OF THE PHILIPPINES

RTC
SUBJECT MATTER
JURISDICTION
NATIONAL CAPITAL JUDICIAL REGION-----
BRANCH ___, QUEZON CITY ---- VENUE
JUAN DELA CRUZ,
Plaintiff,
Vs.
No.

(Docket No.) Civil Case

JOSE DELA CRUZ,


Defendant,
---------------------------- x
COMPLAINT
(W/ APPLICATION FOR TRO)
(PARTIES) Plaintiff, by undersigned counsel, respectfully states that:
1. Plaintiff, of legal age (legal capacity to sue), with address at UP
Diliman. He may be served with summons, pleadings, and processes
through undersigned counsel
2. Defendant, is of legal age, with address at UP Diliman, where he may
be served with summons, pleadings, and processes
3. Defendant hurt plaintiff negligently (already asserts a cause of action);
causing damage worth 1m.
4. Earnest efforts towards compromise were exerted but to no avail
(allegation of effort compromise) (state that they are brothers) (under
oath dapat yung earnest efforts)
PRAYER
WHEREFORE, premises considered, it is respectfully prayed that judgment be
rendered ordering the defendant to pay the plaintiff 1m and
other just and equitable under the circumstances are likewise prayed for
(For) Quezon City, Feb 17, 2016

Chrissete Agustin
Roll of Attorneys No.

Counsel for
Plaintiff
UP DILIMAN
No.

IBP No.
2/16/16 Dismissed and expunged if wala
Mcle compliance
no.
Ptr 12345/ date
Email
Phone number

Verification (REQUIRED FOR THIS CASE: Family Code kasi magkapatid so


earnest efforts shouldve been made)
1. Plaintiff has read the complaint and the allegations therein are true and
correct based on his personal knowledge and/or authentic records
2. That plaintiff has not filed (COPY PASTE RULE 7 SEC. 5)
DOES AN ANSWER HAVE TO BE VERIFIED? NO.
ANSWER (does not have to be verified)
(W/COUNTERCLAIM)
1. Paragraph 1 is denied for lack of knowledge or information...
2. Paragraph 2 is admitted
3. Paragraph 3 is denied for being legally conclusory (avoiding the main
issue)
4. Paragraph 4 is denied the truth being to the contrary that no earnest
efforts were made
Actionable document (verification)
receipt not an actionable document
(compulsory counterclaim)
5. Plaintiffs baseless and malicious suit caused terrible anxiety upon the
defendant, sleepless nights, tarnished reputation causing damage
amounting to 2M (Court said pay filing fee new rule)
PRAYER
WHEREFORE, premises considered, it is respectfully prayed for that the
complaint be dismissed for lack of merit and for the plaintiff to pay the
defendant the amount of 2M in damages

TANTUICO
CIVIL CASE
What were the allegations? What was said in the casedo they
sufficiently state a cause of action? YES but the court said they were not
able to substantiate
Sir: Court wrong. Simple lang statement there was actually a statement of
ultimate facts (so there was a cause of action na)but cannot answer kasi
insufficient
What is the proper remedy? Bill of particulars not motion to dismiss
Liquidated damages
Answer does not need a verification under 2 circumstances:
(Carlo)
1. He is not a party
2. Order for an examination of the document was excused
3.
p.48 beda
order of default-motion by plaintiff then the court gives an order of default
vs. judgment of default-renders a judgment on a defendant who is in default
remedies:
orderinterlocutory; motion to set aside on ground fraud accident mistake
excusable negligence
motion to set aside not granted: Rule 65
judgmentappeal (objective: just change the judgment ; motion for new trial
Rule 38 (objective: present evidence)
partial default: several defendants some filed some did not
effect:
you will not be allowed to participate in the proceedings during the trial
rules of default benefit of defendantwhy?
Certain cases where you cannot be held in default while not filing an answer
(4)
1. Annulment
2. Legal separation
3. Summary procedure
4. Expropriation
5. Small claims
If you are in default, can the court render judgment against you?

Answer does not need certification:


STUDY PHILAMGENTHEY SHOULD HAVE NOT FILED A REPLY : case to find
support for the effect of a reply tapos di mo nareplyan lahat (deemed
controverted)
CALO VISAYAN MELINTON (HARMONIZE)
important for theoretical value
Forum shopping vs. Res Judicata vs. Compulsory Counterclaim
How do you set up an omitted compulsory counterclaim?
Grounds:
1. Oversight
2. Inadvertence
3. excusable negligence
calo v. ajax:
P(collection)D
D(specific performance/recission)P
Sp/R not within the jurisdiction of RTC
Based on different cause of action
Assuming dismissible for forum shopping: litis pedentia
Assuming P wins, would defendant be able to file SP/R?-->
there is only one issue: was there performance?
2 types of res judicata
1. preclusion of claims/causes of action Rule 39 sec. 46/47 abc
2. preclusion of issues (yung example ni sir)
Cross Claim
always compulsory (unless OIE)
compulsory counterclaim or cross claim)
RUIZ
Defensive cross claim/compulsory (cannot survive a dismissal)
Offensive cross claim /permissive
Third party complaint
Subject matter

1. independent
a.
2. ancillary
a. JURISDICTION is vested upon the original action
b. Remember this lalabas yan sa quiz
case
issues
personal
property
residual jurisdiction
JURISDICTION
original complaint independent jurisdiction
permissive counterclaim independent
compulsory counterclaim independent jurisdiction
cross claim ancillary (must set it up otherwise it is barred)
third party complaint ancillary (republic v. something)
Third party complaint
Claim for 4 things:
Contribution
Indemnity
Subrogation
Other relief in respect of his opponents claim
P D1(3rd party) D2
Can defendant 2 assert a counterclaim against defendant 1 (Yes
counterclaim kasi from his perspective D1 is plaintiff)
Defendant 2 assert counterclaim against PlaintiffYES. In proper cases (Rule
6, Sec. 13)
Proper case
5 years to execute
missedmotion to revive within 10 years
REPLY
A pleading, the office or function of which is to deny, or allege facts in denial
or avoidance of new matters alleged by way of defense in the answer and
thereby join or make issue as to such new matters
P-complaint
(can file MTD, motion for bill of particulars)

d-answer (period will never be less than 5 days)


P files a reply if there are allegations of new matter in the answer
Failure to answer: deemed controverted
Incomplete answer: deemed admitted
Negative Pregnant:
PhilAmGen
Intervention
4 situations where you can intervene
1. Interest in the matter in controversy (solidary/joint
obligations)permissive and necessary/indispensable (joinder of parties)
2. Success of either parties creditor sues debtor//guarantor
3. Interest against both car pile act
4. Adversely affected by distribution of property with the court third
party claim (cellphone ni enteng)
2 kinds of intervention
defendant-in-intervention
complainant-in-intervention
can you file a third party claim on rules on summary procedure or rules on
small claims? NO
REVIEW THIS
Can you file a permissive counterclaim on rules on small claims? Yes
Can you file a on rules on summary procedure? NO
Small claims: compulsory cc YES
SM: compulsory CC YES
Find the prohibited pleadings
Gumabay v. Basalin L-30683 1977
AMENDMENT VS. SUPPLEMENTS
Amendment vs. Pleadings
An amended pleading: supersede
Not necessarily superseded
Admissions can still be used in evidence (can be used against you)
What are the types of amendments?

Right : with leave of court


Discretion
What is the demarcation line when an amendment becomes a matter of
discretion
Why is a motion to dismiss not a responsive pleading? Because it doesnt join
issues with those raised in the complaint
Can I make a formal amendment as a matter of right? Yes
FORMAL AMENDMENT CHANGING MINOR ERRORS (TYPOS)
SUBSTANTIAL AMENDMENT- CHANGES THE ACTION
Can I make substantial amendments as a matter of right? Yes
as a matter of discretion
COURT MOTUPROPIO ORDER A FORMAL AMENDMENT OF THE PLEADING?
substantial?
ANSWER:
FORMAL amendment pwede motu propio
(Liz)Difference between an amendment to conform to the evidence and an
amendment to authorize the presentation of evidence?
>treated as if it had been raised in the pleadings
INCLUDE RULE 18 SECTION 7: THE PRE-TRIAL ORDER WILL DETERMINE THE
ISSUES THAT WILL BE SETTLED DURING THE TRIAL
ANOTHER EXCEPTION AMENDMENT OF PLEADING TO AUTHORIZE
PRESENTATION OF EVIDENCE
APOE: opposing party objects to the presentation of the evidence that was
not raised in the pleadings
however if the opposing party fails to show how the evidence would
prejudice him: OK
instead of filing mtd answer ka kagad and then raise it as defense then ask
affirmative evidence be heard as if mtd has been filed
RULE 18 SEC 7 ISSUES DEMARCATED IN THE PRETRIAL ORDER WILL
CONTROL THE SUBSEQUENT TRIAL

Jims Question
Leobera: if no common question of fact or law, pwede ba ijoin (proper joinder
of causes of action)?
Acquired cause of action?
FILING AND SERVICE
What are the ways to file a pleading?
1. By personally giving to clerk of court (filing)
2. Sending it to registered mail
Service: providing the other party a copy
No registered mail service in my locality? Can you file it by ordinary mail?
Can I choose not to serve it on the counsel but on party? NO
Exceptions:
1. Rule 25 and 26 Section 1
Ways to serve a pleading
Contrast and compare
What is an explanation: kung bakit di personally binigay: pursuant to Rule
13 Sec. 11 a copy of this pleading was served by registered mail due to
distance and lack of available man power
SOLAR
Real action
Tip to identify quasi-in-rem: can you file the action even if the defendant is
abroad?
All actions in rem affect real property
All actions quasi in rem affects real property: FALSE
It is important to identify in order to know when to know the service of
summons
R/P distinction is important for purpose of venue
Difference between that it is executable and acquisition of personal
jurisdictionthe mere fact that you served summons doesnt mean that you

acquire personal jurisdictionbecause sometimes you just need summons


for due process not for jurisdiction
Expro
Pag nanalo yung state: binding on entire world
-What is a long-arm statute?
What is a long-arm jurisdiction? Any rule or law which Vests court personal
jurisdiction over a defendant who is an absent non-resident (whether or not
QR IR IP) on the basis of minimum contact test
Pennoyer not paid his legal fees so he sued his formal clients (state
involved: Oregon; where was land located: Virginia defendant: nonresident/cannot be found; nature of action: Quasi-in Rem)
Was defendant served with summons? No.
Is publication valid in this situation? No. Mijo: property should be attached
Under Phil law, there is no way that he would be subject to the jurisdiction of
the court
If property not attached, it is in personam Can a person render judgment of
an absent non-resident thus judgment is invalid for failure to attach the
property
Is Pennoyer the prevailing doctrine in the Philippines? Yes.
International Shoe
Shaffer