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Cases governed
1. Rules shall govern the procedure in actions, civil or criminal, and special
proceedings.
Civil actions - one by which a party sues another for enforcement or protection of
a right, or the prevention or redress of a wrong.
Special proceeding is a remedy by which a party seeks to establish a status, a
right, or a particular fact
Inapplicability (CLINE.O)
cadastral proceedings, land registration cases, insolvency proceedings,
naturalization cases, election cases, or other not provided by law,
XPN: analogous in character, suppletory,
Commencement of action
- by the filing of the original complaint in court
If an additional defendant is impleded, action is commenced with regarding on date
of filing of such later pleading
SPLITTING A SINGLE CAUSE OF ACTION, effect, - if two or more suits are instituted
on basis of same cause of action, the filing of one or a judgment upon merits in
any one is available as a ground fir dismissal of others
Failure of counsel to comply with such duty shall be a ground for disciplinary
action. Heirs of deceased may be allowed to be substituted for deceased without
requiring the appointment of executor or administrator and the court may appoint
GAL for minor.
Court order, such legal representative to appear and be substituted within 30 days
period. If none, of if such person fail to appear, court may order opposing party
to procedure appointment of executor or admin for decedent's estate.
No summons is required for def who is substituted for deceased since it is the
court that orders him to br substituted for deceased.
TRANSFER OF INTEREST,
if transfer of interest, the actions may be continued by or against original party,
unless court upon motion directs the person to whom interest is transferred to be
substituted in action or joined with original [party
VENUE
actions affecting title to, or possession of real property or interest, shall be
commenced and tried in proper court which has jurisdiction over area wherein real
property is situated
Forcible entry and detainer action shall be commenced and tried in MTC otr C
wherein property or portion is situated
Stipulation must contain restrictive words which shows that parties intended to
limit the place stipulated as exclusive venue. Otherwise, the stipulated venue is
merely considered as an additional venue in addition to provided for by law
KINDS OF PLEADINGS
Pleadings are written statements of respective claims and defenses of the parties
submitted to court for appropriate judgment
Pleadings allowed
Claims of a party ar asserted in a complaint, cc, xc, 3rd party complaint, or
complaint in intervention. Defenses of a party are alleged in answer to pleading
asserting a claim against him. Answer may be respondend to by reply
COMPULSORY COUNTERCLAIM,
1. one which, being cognizable by regular courts of justice,
arises out of or is connected with transaction or occurrence constituting the
subject matter of opposing party's claim2. doe not require for its adjustication
the presence of third parties of whom corut cannot acquire jurisdiction
Such a counterclaim must be witihn jurisdiction of court both as to the amount and
nature, except that in an original action, before RTC, the cc may be considered
compulsory regardless of amount.
CROSS-CLAIM - is any claim by one party against a co-party arising out of the
transaction or occurrence that is the subject matter either of original action, or
of a counterclaim therein
Such cross-claim may include, a claim that the party against whom it is asserted is
or may be liable to cross-claimant for all or part of a claim asserted in the
action against the cross-claimant.
REPLY
is a pleading, the function of which is to deny, allege new facts in denial or
avoidance of new matters. If a party does nor file, such reply, all the new matters
alleged in answers are deemed controverted.
If plaintiff wishes to interpose any claims arising out of new matters so alleged,
such claims shall be set form in amended or supplemental complaint
PARTS OF PLEADING
- must be signed by party or counsel representing him, stating in either cae, his
address which he should not be a post office box.
Signature of counsel constitutes a certificate by him, that he has read the
pleading, that to the best of his knowledge, information and belief that there is a
good ground to support it, and
that it i not interposed for delay
that he has not therefore commenced any action or filed any claim invovlving the
same issues in any court, tribunal o quasi-judicial agency and, to the best of his
knowledge, no such other action or claim is pending
if there is such other pending action or claim, a complete statement of present
status, and if he should thereafter learn that the same or similar action or claim
has been filed, to report that fact to the court wherein complaint or initiatory
pleading has been filed.
MANNER OF MAKING ALLEGATIONS
genuineness and
due execution of instrument
shall be deemed admitted, unless the adverse party, under oath, specifically denies
them, and sets forth what he claims to be the facts, but the requirement of an oath
does not apply.
SPECIFIC DENIAL - defendant must specify each material allegations of fact the
truth of which he does not admit, and whenever practicable, shall set forth the
substance of the matters upon which he relies upon to support his denial.
XPN:
lack of jurisdiction over subject matter
litis pendencia
res judicata
prescription
DEFAULT
a party is declared in default when he fails to answer within the time allowed,
court, upon motion of claiming party, whith notice, and proof of such failure,
declare such party in default. Court shall proceed to render udgment granting
claiming such relief as his pleading may warrant, unless the court, in its
discretionm requires the claimant to present evidence
RELIEF FROM ORDER OF DEFAULT- may at any time after notice, and before judgment
file a motion to set aside the order of default
upon showing that his failure to answer was due to fraud, accident, mistake, or
excusable negligence
- he has a meritorious defense
AMENDED AS A MATTER IF RIGHT, a party may amend his pleading as a matter of right
at any time, before a responsive pleading is served or, in case of reply, at any
time, in case of reply, within 10 days