CHAPTER I  conferred by law and not by the consent or

PRELIMINARY CONSIDERATION acquiescence of any or all of the parties or by

erroneous belief of the court that it exists
 when the court has no jurisdiction over the subject
Remedial Law matter, it has to dismiss the action upon motion or as
 branch of law which prescribes the method of one of the affirmative defenses in the answer, or at any
enforcing the rights or obtraining redress for their time, during appeal or even after final judgment.
invasions
 test whether the rule really regulates procedure 2. Jurisdiction Over the Parties
 acquired by their voluntary appearance in court and
Substantive Law Remedial Law their submission to its authority, or by the coercive
Part of the law which creates, power of legal process exerted over their persons
defines, and regulates rights  acquired by the filing of the complaint, petition or
or which regulates the right Prescribes the method of other initiatory pleading with the court
and duties which give rise to enforcing rights and obtain  Defendant: acquired either by the proper service of
a cause of action. redress for their invasions summons or voluntary appearance before the court
Part of law which courts are through filing of answer, motion, or other responsive
established to administer pleadings.
 Failure to acquire jurisdiction: can be invoked as one of
The 1997 Rules of Civil Procedure the affirmative defenses in the answer for the dismissal
of the case
 took effect on July 1, 1997
 A.M. No. 19-10-20-SC amending certain provisions 3. Jurisdiction Over the Res
(Rule 6-35) took effect on May 1, 2020  acquired either:
 liberally construed in order to promote their objective a) by the seizure of the property under legal process,
of securing a just, speedy, and inexpensive disposition whereby it is brought into actual custody of the
of every action and proceeding. law; or,
b) as a result of the institution of legal proceedings
Civil Action – is one by which a party sues another for the
enforcement or protection of a right, or the prevention or 4. Jurisdiction Over the Issues
redress of a wrong. May be ordinary or special.  Whether or not the court has jurisdiction over a
specific issue is a question that requires nothing
Criminal Action – one by which the State prosecutes a person except an examination of the pleadings.
for an act or omission by law
Classifications of Jurisdiction
Special Proceeding – remedy by which a party seeks to establish
a status, right, or a particular fact a) General – power of a court that holds the authority to
hear all types of cases except those prohibited by laws
NOT APPLICABLE TO: i.e. RTC as it can handle all kinds of cases
 election cases, land registration cases, naturalization b) Special – also called limited jurisdiction as it handles
and insolvency proceedings except in a suppletory certain types of cases i.e. MTC/MeTC
character and whenever practicable and convenient c) Original – courts power to hear and decide a case
before any appellate review
d) Exclusive – court has sole and exclusive authority or
CHAPTER II power over something or a specific type of case
CONDITIONS PRECEDENT IN FILING AN ACTION e) Appellate – power of a court to hear appeals from
lower courts; includes power to reverse and modify
lower court’s decision
A. JURISDICTION f) Concurrent – ability to exercise judicial review by
different courts at the same time, within the same
 power and authority of a court to hear, try, and decide territory, and over the same subject matter subject to
a case. the observance of doctrine of hierarchy of courts
 foundation upon which the courts exercise their power g) Delegated – grant of authority to courts of first level to
of adjudication, and without which, no rights or hear and determine certain types of cases i.e. cadastral
obligation could emanate from any decision or and land registration cases originally pertaining to the
resolution. RTC

1. Jurisdiction over the Subject Matter Different Jurisdiction of Courts

 the power to hear and determine the general class to
which the proceedings in question belong [Insert BP 129 or pages 10-17]

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Atty. Wilson Legaspi
  MTC: Php20,000.00 or in Metro Manila Php50,000.00
Action Incapable of Pecuniary Estimation exclusive of interest, damages or whatever kind,
attoryney’s fees, litigation expenses and costs
 a determination must have to be made on the nature  RTC: more than the value above
of the principal action or remedy sought
 basic issue is something other than the right to recover (2) Delegated Jurisdiction
a sum of money or damages, where the money claim  MTC: cadastral and land registration cases where there is
for damages is purely incidental to the principal relief no controversy or opposition or contested lots where
sought, it is an action incapable of pecuniary the value does not exceed Php100,000.00
estimation, hence cognizable by RTC  To determine whether MTC has delegated jurisdiction, it
 recovery of sum of money: action capable of pecuniary may be ascertained in 3 ways:
estimation hence, jurisdiction of courts would depend a) by the affidavit of the claimant;
on the amount of claim b) by agreement of the respective claimants;
c) from the corresponding tax declaration of the real
Action Involving Title to, or property
Possession of, or Interest in,
Real Property Where the Case is Principally
an Action for Damages
 depends on the assessed value of the property
 MTC: Php20,000.00 - province; Php50,000.00 – Metro  the amount of such claim shall be considered in
Manila determining the jurisdiction of the court
 RTC: if the value exceeds above  if claim for damages is merely incidental to the main
 basis of the action: cause of action is based on a claim action, amount of damages cannot be considered in
that he or she owns such property or that he or she determining which court has jurisdiction
has the legal rights to have exclusive control,
possession, enjoyment, or disposition of the same
B. CAUSE OF ACTION (RULE 2)
Assessed Value FMV
valuation ascribed on the price at which a property
property as fixed by the may be sold by a seller, and  defined by the Rules as the act or omission by which a
taxing authorities for the bought by a buyer, who are party violates a right of another. Determined through
purpose of determining the not compelled to buy or the allegations in the complaint.
applicable tax rate. sell  Requires the legal right of the plaintiff and the
Represents a fraction of the correlative duty of the defendant but also the act or
realty’s FMV that qualifies omission of the defendant in violation of said legal right
for taxation, calculated by  Does not accrue until the party obligated refuses to
multiplying MV by the comply with their duty
assessment level
3 Elements:
Pertains to the taxable Tantamount to the 1. A right in favor of the plaintiff by whatever means and
value of the real property estimated value of the real under whatever law it arises
property as agreed on 2. An obligation on the part of the named defendant to
between a willing buyer respect or not to violate such right
and a willing seller under 3. An act or omission on the part of such defendant
reasonable and ordinary violative of the right of the plaintiff or constituting a
conditions breach of the obligation of the defendant to the plaintiff

Allegation of Assessed Value in the Complaint How to determine sufficiency of cause of action
 courts cannot take judicial notice of the AV or even the
MV of the land, hence, AV must be alleged in the  Only the facts alleged in the complaint, and no other
complaint shall be considered
 Admitting them to be true, may the court render a valid
 failure of which will cause the dismissal thereof on the
judgment in accordance with the prayer of the
ground of lack of jurisdiction
complaint?
 XPN: if the documents are annexed to the complaint,
an allegation of the AV could be found One Suit for a Single Cause of Action
 tax declaration indicating the AV of the property
enjoys the presumption of regularity as it has been Splitting a Single Cause of Action
issued by the proper govt agency  If there are two or more suits on the basis of the same
cause of action: this constitutes res judicata or litis
(1) Accion Publiciana
RELR 1 Reviewer
Atty. Wilson Legaspi
 pendentia which makes the case susceptible to Rules on
dismissal jurisdiction and
 Act of dividing a single or indivisible cause of action venue
into several parts and instituting two or more actions
upon them Second Requisite: Must Note
 Single cause of action or entire claim or demand Include Special Civil Action
cannot be split up or divided in order to be made the
subject of two or more different actions, otherwise, Joinder of Causes of Action shall not include SCAs such as
there would be no end litigation petitions for interpleader, declaratory relief, certiorari,
mandamus, quo warranto, expropriation, judicial foreclosure of
Identity of Causes of Action mortgage, partition and ejectment.

 It is important to determine if there is identity of Third Requisite: Cases Pertaining

causes of action – this does not mean absolute to Different Venues and Jurisdiction
identity.
 Test to determine whether two suits relate to a single Complaint constituting several causes of action in the RTC even
cause of action, answer in the affirmative is a ground though the application of the rules on venue necessitates the
for the dismissal of the subsequent either on the filing of the same in different places and although the causes of
ground of litis pendentia or res judicata: action pertain to different courts.
a) Whether the same evidence would support and
sustain both the first and second causes of action Fourth Requisite: The Totality Rule
b) Whether the defense in one case may be used to
substantiate the complaint in the other; Totality Rule – the aggregate amount claimed shall be the test
c) Whether the cause of action in the second case of jurisdiction where the claims in all the causes of action are
existed at the time of the filing of the first principally for recovery of money, irrespective of whether the
complaint causes of action arose out of the same or different transactions.

Joinder of Causes of Action Misjoinder of Causes of Action

 Allowed but always subject to the approval of the court  Failure to comply with the conditions stated in the
with the following requisites: foregoing rules, shall result in the misjoined causes of
a) The party joining the causes of action shall comply action.
with the rules on joinder of parties;  NOT a ground for dismissal, the court shall merely order
b) The joinder shall not include special civil actions or the party to severe the misjoined causes of action and
actions governed by special rules; have it tried separately
c) Where the causes of action are between the same  In case a party failed to comply with the order of the
parties but pertain to different venues or court to severe the misjoined cause of action or have it
jurisdictions, the joinder may be allowed in the RTC tried separately, the two cases filed may be subject to
provided one falls within the jurisdiction of said court dismissal for failure to comply with the order of the
and the venue lies therein; and, court
d) Where the claims in all the causes of action are  The dismissal is with prejudice or can no longer be
principally for recovery of money, the aggregate refiled.
amount claimed shall be the test of jurisdiction.

First Requisite: Joinder of Parties C. PARTIES TO CIVIL ACTIONS (RULE 3)

Compulsory Permissive
The rule is that all those It requires: Real party in interest
considered as a. The right to relief  is one who stands to be benefited or injured by the
indispensable parties shall arises out of the judgment in the suit, or the party entitled to the avails
be impleaded because same transaction; of the suit
without them, no final b. There is a question  Why is it important to determine: “every action must
determination can be had of law or fact be prosecuted or defended in the name of the real
of an action common to all party in interest”
plaintiffs or  Plaintiff: refer to the claiming party, the
defendants counterclaimant, cross-claimant, third-party plaintiff
c. Such joinder is not  Defendant: refer to the original defending party, the
otherwise defendant in a counterclaim, the cross-defendant,
proscribed by the third-party defendant
provisions of the
Interest (Meaning)
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Atty. Wilson Legaspi
  “material interest” or an “interest in issue” to be  Shall not be a cause at once for the dismissal of the
affected by the decree or judgment of the case, as action but shall only be a cause for the court to direct
distinguished from mere curiosity about the question the inclusion of such party (Section 11, Rule 3)
involved
 When plaintiff is not the real party in interest, the case Class Suit
is dismissible on the ground of lack of cause of action  Elements for the maintenance of a class suit:
a. The subject matter of controversy is one of
Civil Action must be prosecuted only in the name of real party common or general interest to many persons;
in interest: b. The parties affected are so numerous that it is
a) To prevent the prosecution of actions by persons impracticable to bring them all to court;
without any right, title or interest in the case; c. The parties bringing the class suit are sufficiently
b) To require that the actual party entitled to legal relief numerous or representative of the class and can
be the one to prosecute the action; fully protect the interests of all concerned.
c) To avoid multiplicity of suits; and  For a class suit to be allowed, it is needful that the
d) Discourage litigation and keep it within certain parties be so numerous that it would be
bounds, pursuant to public policy. impracticable to bring them all before the court

(1) Indispensable Party Other Rules Pertaining to Parties

 One without whom no final determination can be had (1) Represenative or Agent of a Party
of an action; they shall be joined either as plaintiff or  The rule is that the beneficiary shall be included in the
defendant in an action title of the case and shall be deemed to be the real
 Party who has such an interest in the controversy or party in interest
subject matter that a final adjudication cannot be  [Exception] The supposed representative or agent may
made in his or her absence; a party who MUST be be sue or be sued without joining the principal when:
included in an action, otherwise it may no properly go a) He acted in his or her own name during the
forward. transaction;
 Remedy: not to automatically dismiss but to implead b) Acted for the benefit of an undisclosed principal;
the non-party claimed to be indispensable; through c) The transaction does not involve the property
motion or on its own initiative. Petition refuses to belonging to the principal.
implead: it may be dismissed for failure to comply  [Exception to the exception] When the contract
involves things belonging to the principal, then the
(2) Necessary Party General Rule shall still be followed.
 Not an indispensable party but who ought to be
joined if complete relief is to be accorded as to those (2) Suit by or Against Husband or Wife
already parties, or for a complete settlement or  Rule: husband and wife shall sue or be sued jointly
determination of a claim subject of the action.  As regards exclusive property, the other spouse may
 In contrast to indispensable party, a necessary party’s have no legal interest in such property, but the rule
presence is not imperative, and his or her absence is nevertheless requires that he or she shall be joined as
not debilitating a party
 Non-compliance with the order of the court shall not  If the other spouse was not joined, such non-joinder is
warrant the dismissal of the case but shall be deemed not a ground for dismissal because neither misjoinder
only as a waiver of the claim against the necessary non non-joinder of parties is a ground for the
party dismissal of the case
 Failure to join the spouse in a case is not a
Compulsory Joinder of Parties jurisdictional but merely a formal defect
 Joinder of all the indispensable parties to the action,
failure in this regard will render the proceedings null (3) Suit by or Against a Minor
and void  May sue or be sued, with the assistance of his or her
father, mother, guardian, or if he or she has non, a
Permissive Joinder of Parties guardian ad litem
 Subject to the discretion of the court upon motion by  Minority and incompetency: restrictions on, and
any of the parties with the following requisites: modify or limit, a person’s capacity to act or the power
a. The right to relief aries out of the same to do acts with legal effect, hence, they shall be
transaction or series of transactions; represented by their parents or guardians who habe
b. There is a question of law or fact common to all the full capacity to act
the plaintiffs or defendants;
c. Such joinder is not otherwise proscribed by the (4) Unwilling Co-Plaintiff
provisions of the Rules on jurisdiction and venue  Shall be made a defendant and the reason shall be
stated in the complaint
Misjoinder or Non-Joinder of Parties  Indispensable party plaintiffs who should be part of
the action but who do not consent should be put
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Atty. Wilson Legaspi
 within the jurisdiction of the court through summons  One brought for the recovery of personal
or other court processes. property, or for the enforcement of some
contract or recovery of damages for its
(5) Alternative Defendants breach, or for recovery of damages for the
 Where the plaintiff is uncertain, he or she may join any commission of an injury to the person or
or all of them as defendants in the alternative property
 Reason: same with the reason on joinder of causes of  place where the plaintiff or defendant resides,
action; joinder of causes of action against the non-resident: where he or she may be found
alternative defendants avoids unnecessary multiplicity at the election of the plaintiff
of suits and, without sacrificing any substantial rights
of the parties, removes the undue disadavantage in Ultimate Objective Test
which plaintiff would be placed by having to prove his  What determines the venue of a case is the primary
or her case in different courts by means of evidence objective for the filing of such action pursuant to the
that is within the exclusive knowledge of said principle that the nature of an action is determined
defendants by the allegations in the complaint itself

(6) Suit Against Unknown Defendant Venue of a non-resident defendant : it may be classified as an
 For as long as the defendant can be identified, the action in rem or quasi in rem, the action may be commenced
identity cannot be a factor whether he or she may be and tried in the court of the place where the plaintiff resides, or
prosecuted or not where the property or any portion thereof is situated or found
 When his or her identity or true name is discovered,
the pleading must be amended accordingly Rule on Venue, not applicable:
a) Cases where a specific rule or law provides
(7) Suit Against Entity Without Juridical Personality otherwise;
 When two or more persons not organized as an entity b) Where the parties have validly agreed in writing
with juridical personality enter into a transaction, they before the filing of the action on the exclusive venue
may be sued under the name by which they are thereof
generally or commonly known. In the answer of such  as regards stipulation of venue, agreement
defendant, the names and addresses of the persons must be characterized by exclusivity, in the
composing said entity must all be revealed. absence of qualifying or restrictive words,
such as “exclusively”, “waiving for this
D. VENUE (SECTION 15) purpose any other venue”, “shall only”, “to the
exclusion of the other courts”
(Venue vs. Jurisdiction)
Rule: A case cannot be dismissed by court motu propio even if
Venue there is an improper venue. In cases where the complaint assails
 Place of trial or geographical location in which an only the terms, condition, and/or coverage of a written
action or proceeding should be brought instrument and not its validity, the exclusive venue stipulation
 Civil cases: venue is a matter of procedural law contained therein shall be binding on the parties. Conversely, a
 Venue provides convenience to parties, rather than complaint directly assailing the validity should not be bound
restrict their access to the courts by the exclusive venue stipulation and should be filed in
 It is procedural, not jurisdictional, hence may be accordance with general rules on venue.
waived
 Must be brought at the earliest opportunity as one of E. OTHER PROCEDURAL REQUIREMENTS
the affirmative defenses in the anwer, otherwise
objection shall be waived – CANNOT BE MOTU (1) Katarungang Pambarangay Law – may be raised as an
PROPIO dismissed on the ground of improper venue affirmative defense
 Objective: to reduce the number of court litigations
Concept of Real and Personal Actions: and prevent the deterioration of the quality of justice
1. Real Action which has been brought about by the indiscriminate
 one that affects title to or possession of real filing of cases in courts
property, or an interest therein (accion
publiciana, reinvindicatoria, interdictal ) Exceptions to the rule regarding mandatory referral to
 The case is to be commenced and tried in the Barangay:
proper court having jurisdiction over the area a) One party is the government or subd, or
wherein the real property involved is instrumentality;
situated b) One party is a public officer, or employee, relates to
 E.g. forcible entry and detainer actions official functions;
c) Dispute involves real properties located in different
2. Personal Action cities

RELR 1 Reviewer
Atty. Wilson Legaspi
 d) Disputes involving parties who actually reside in interpretation that cover the asserted dispute, an
barangay of different cities order to arbitrate should be granted. Any doubt
e) Where actions are coupled with provisional remedies should be resolved in favor of arbitration.
such as preliminary injunction, attachment, delivery of  Doctrine of Separability/Severality – agreement to
personal property and support pendente lite; arbitrate, it should be respected
f) Where the action may otherwise be barred by the
statute of limitations. (4) Resolution of Disputes Involving Family Members
 “No suit between members of the same family shall
Complaints shall be filed in any of the following barangays: prosper unless it should appear from the verified
a) Disputes between residents of same brgy – lupon of complaint or petition that earnest efforts toward a
said brgy compromise have been made.” (Article 151 of FC) It
b) Actual residents of different brgys within same city – must be alleged in the complaint. No allegations: can
brgy where the respondent resides be a ground for dismissal
c) Disputes involving real property – brgy where the real  This rule applies to all kinds of cases except those that
property or the larger portion thereof is situated cannot be a subject of compromise.
d) Arising at work\place – shall be brought in the brgy  Article 2035 of Civil Code states the kinds of cases that
where workplace is located cannot be compromised:
 The dispute that may be settled therein refers to 1. Civil status of persons;
other matters other than labor dispute arising 2. The validity of a marriage or a legal
from er-ee relationship. Instead of simplifying separation;
labor proceedings, it would oonly duplicate the 3. Any ground for legal separation;
conciliation proceedings. 4. Future support;
5. Jurisdiction of courts;
(2) Exhaustion of Administrative Remedies 6. Future legitime.
 Doctrine of Primary Jurisdiction – courts must
refrain from determining a controversy involving a  Criminal action cannot also be compromised. Thus,
question which is within the jurisdiction of the one of the spouses or their children can file an action
admin tribunal prior to its resolution by the latter, against the other spouse for a crime committed by the
where the question demands the exercise of sound latter against his or her spouse or the latter’s
admin discretion requiring the special knowledge, ascendants or descendants.
experience and services of the admin tribunal to  Rationale: it is difficult to imagine a sudden and more
determine technical and intricate matters of fact.. tragic spectacle than a litigation between members of
 Rationale: case is such that its determination the same family. A lawsuit between close relatives
requires expertise, specialized skills and knowledge generates deeper bitterness than between strangers.
of the admin bodies
 in such case, the judicial process is suspended
pending the referral of such issues to the admin CHAPTER III
body for its view Jurisdiction over the Parties and
Issues, How Acquired
Not applicable:
1. Where the question in dispute is purely a legal one
2. Where the controverted act is patently illegal or was A. HOW COMMENCED
performed without jurisdiction or in excess of
jurisdiction Civil Action – commenced by the filing of the original complaint
3. Where the respondent is a dept sec in court
4. Where there are circumstances indicating the urgency
of judicial intervention Filing – act of submitting the pleading or other paper to the
court
(3) Resort to Alternative Modes of Dispute Resolution
 our jurisdiction recognizes the principle of Section 1, Rule 141 – fees prescribed therefor shall be paid in
competence-competence, meaning the arbitral full; this requirement is JURISDICTIONAL
tribunal may initially rule on its own jurisdiction the
existence or validity of the arbitration agreement. With Guidelines:
this principle, AT shall be accorded the first a) It is not simply the filing of the complaint or
opportunity to rule on the issue w. or not it has the appropriate initiatory pleading but the payment of the
competence or jurisdiction to decide a dispute prescribed docket fee that vests a trial court with
 Aside from unclogging, arbitration also hastens the jurisdiction over the subject matter; court may allow
resolution of disputes, especially commercial in kind. payment of the fee within a reasonable time
Regarded as the “wave of the future” b) The same rule applies to permissive counterclaims,
 Courts should liberally construe arbitration clauses, third party claims and similar pleadings, which shall
provided such clause is susceptible of an not be considered filed until and unless the filing fee
RELR 1 Reviewer
Atty. Wilson Legaspi
 prescribed therefor is paid within a reasonable time  does not compel defendant to bring third parties to
but also in no case beyond its applicable prescriptive litigation but simply permits the inclusion of anyone
period who meets the standard set in the rule
c) If the judgment awards a claim not specified in the  Requisites:
pleading, additional filing fee therefor shall constitute 1. Party to be impleaded must not yet be a party to the
a lien on the judgment. It is the responsibility of the action;
clerk of court to enforce said lien and assess and 2. The claim must belong to the original defendant
collect the additional fee. 3. Claim of the original defendant must be based upon
the plaintiff’s claim against the original defendant
Complaint and Other Initiatory Pleading 4. Defendant is attempting to transfer to the third-party
defendant the liability asserted against him or her by
Pleading - written statement of the respective claims and the original plaintiff.
defenses of the parties submitted to the court for appropriate
judgment Instances when the court will not allow admission of Third-party
complaint:
Initiatory Pleading – complaint, counter-claim, crossclaim, a) The third party defendant cannot be located within 30
counter counter claim, counter crossclaim, third-party complaint calendar days from the grant of such leave;
b) Matters extraneous to the issue in the principal case
Complaint – pleading alleging the plaintiff’s cause or causes are raised; or,
of action c) The effect would be to introduce a new and separate
controversy into the action.
Counterclaim – any claim which a defending party may have
against an opposing party Responsive Pleading – Answer, reply, answer to counterclaim,
a. Compulsory counterclaim – arises out of or is answer to crossclaim, answer to counter counterclaim, answer
connected with the transaction or occurrence to third-party complaint
constituting the subject matter of the opposing
party’s claim
b. Permissive counterclaim – one that does not arise PARTS OF A PLEADING (RULE 7)
out of or is not necessarily connected with the
subject matter of the opposing party’s claim; can
be filed separately in another case Additions from A.M. No. 19-10-20-SC:
1) Names of witnesses who will be presented to prove a
Test to determine whether compulsory or permissive: party’s claim or defense;
a) Are the issues of fact and law raised by the 2) Summary of the witnesses’ intended testimonies,
claim and by the counterclaim largely the provided that JUDAF of said witnesses shall be
same? attached to the pleading and form an integral part
b) Would res judicata bar a subsequent suit on thereof
defendant’s claim, absent the compulsory 3) Documentary and object evidence in support of the
counterclaim rule? allegations contained in the pleading
c) Will substantially the same evidence supports
or refute the plaintiffs’ claim as well as the a) Caption
defendants’ counterclaim?  sets forth the name of the court, the title of
d) Is there any logical relation between the claim the action, docket number if assigned. Title
and the counterclaim? indicates the names of the parties. They shall
be named in the original complaint or
Crossclaim – is any claim by one party against a co-party arising petition
out of the transaction or occurrence that is the subject matter  it is not the caption of the pleading but the
either of the original action or of a counterclaim therein; rule is allegations that determine the nature of the
that a crossclaim that is not set-up in the main action is barred action

Counter counterclaim – one asserted against an original b) Body – body of the pleading sets forth its designation,
counterclaimant the allegations of the party’s claims or defenses; the
relief prayed for, and the date of the pleading
Counter crossclaim – one asserted against an original cross- i. Paragraphs – allegations in the body of a
claimant pleading shall be divided into paragraphs so
numbered as to be readily identified
Third-party complaint ii. Headings – shall be prefaced by the words “first
 a claim that a defending party may, with leave of court, cause of action”, “second cause of action” and so
file against a person not a party to the action for the on
contribution, indemnity, subrogation, or any other iii. Relief
relief
RELR 1 Reviewer
Atty. Wilson Legaspi
  it may add a general prayer for such further records of the proceedings in the court of origin,
or other relief as may be deemed just and and not solely on the personal knowledge of the
equitable petitioner.
 the court cannot award relief that is not  Absence or defect in verification does not render
prayed for and not proven by evidence the pleading fatally defective, the court may
during trial order its submission or correction or act on the
 Due process considerations justify this pleading if the attending circumstances are such
requirement; to prevent surprise to the that strict compliance with the Rule may be
defendant dispensed with in order that the needs of justice
iv. Date – Every pleading shall be dated may be served thereby (Reason: it is merely a
formal requirement, not jurisdictional)
c) Signature and Address  Any person authorized through board resolution
 must be signed by the party or counsel in case of a corporation or SPA in case of an
representing him or her, stating the address individual, who know the facts alleged in the
which should not be a post office box pleading, may sign the verification.
 constitutes a certificate by him or her that he or
she has read the pleading and document; that to e) Certification Against Forum Shopping
the best of his or her knowledge, information and
belief, formed after an inquiry reasonable under Forum Shopping
the circumstances:  a party repetitively avails of several judicial remedies in
i. It is not being presented for any improper different courts, founded on the same transaction and
purpose i.e. to harass, delay, or increase cost the same essential facts and circumstances, and all
of litigation; raising same issues either pending in, or already
ii. Claims, defenses and other legal resolved by some other court
contentions are warranted by existing law or  act of a party against whom an adverse judgment has
jurisprudence; been rendered in one forum of seeking and possibly
iii. Factual contentions have evidentiary getting a favorable opinion in another forum, other
support than by appeal or SCA of certiorari, or the institution of
iv. Denials of factual contentions are warranted two action grounded on the same cause on the
on the evidence are reasonably based on supposition that another court would make favorable
belief or a lack of information decision
 if there’s a violation of this rule, then, on motion  Counsel of the plaintiff cannot sign the CAFS; it is the
or motu propio and after notice and hearing, plaintiff and not his or her counsel who should sign
court may impose an appropriate sanction or the CAFS is due to the fact that a certification is a
refer such violation to the proper office for peculiar personal representation on the part of the
disciplinary action principal party, an assurance given to the court that
there are no pending cases involving the same parties,
d) Verification issues, and causes
 Authorization of the affiant to act on behalf of a  If unable to sign, plaintiff may authorize his counsel
party, whether thru secretary’s certificate or a through an SPA or board resolution to sign on his
SPA, should be attached to the pleading. behalf; no SPA, it is defective and constitutes a valid
 Shall allege: cause for the dismissal of the case
a) The allegations in the pleading are true and
correct based on his or her personal Grave evil sought to be avoided – rendition by 2 competent
knowledge; tribunals of 2 separate and contradictory decisions
b) Filed not to harass, cause delay, or increase
the cost of litigation; and, Test: Whether the element of litis pendentia is present, or
c) The factual allegations therein have whether a final judgment in one case will amount to res
evidentiary support, or will likewise have judicata in another.
evidentiary support after a reasonable
opportunity for discovery. General Rule: If there is forum shopping, first action should
 Signature of the affiant shall further serve as a be retained (qui prior est tempore, potior est jure).
certification of the truthfulness of the allegations
in the pleading Exception: (a) first action may be abated if it was filed merely
 Unsigned pleading – lacks a proper verification to pre-empt the later action or to anticipate its filing and lay
 Importance of the statement “based on personal the basis for its dismissal (anticipatory test); and (b) first
knowledge or authentic records”: authentic action may be abated if it is not the more appropriate
records as a basis for verification bear vehicle for litigating the issues between the parties (more
significance in petitions wherein the greater appropriate action test)
portions of the allegations are based on the

RELR 1 Reviewer
Atty. Wilson Legaspi
  To avoid forum shopping, Rules mandate the inclusion A left hand margin of 1.5 inches from the edge; an upper
of the CAFS in every initiatory pleading. margiin of 1.2 inches from the edge; a right hand margin of 1.0
inch from the edge; and a lower margin of 1.0 inch from the
Certification: (a) that he has not commenced any action edge. Every page must be consecutively numbered.
involving same issues in any court, and to the best of his
knowledge no such other action is pending; (b) if there is
such other pending action, a complete statement of the MANNER OF MAKING ALLEGATIONS IN THE
present status thereof; and (c) later learned, he shall report PLEADINGS (RULE 8)
that act within 5 calendar days therefrom to the court

Indirect contempt of court – submission of a false  Methodical and logical form, plain, concise and direct
certification or non-compliance with any of the undertakings statement of the ultimate facts
therein shall an indirect contempt of that court, and shall be  Former rule: allegations of the ultimate facts suffice
a cause for summary dismissal of the petition, only upon  Present rule: requires the allegation of the evidentiary
motion duly filed and after hearing, without prejudice to fact
the corresponding admin and criminal actions  A complaint is said to have stated a cause of action
when:
Certification Against a) A right in favor of the plaintiff by whatever means and
Verification
Forum Shopping under whatever law
Non-compliance does not Non-compliance is generally b) An obligation on the part of the named defendant to
necessarily render the not curable by its respect or not to violate such right; and,
pleading fatally defective. subsequent submission or c) An act or omission on the part of the named
The court may order its correction thereof defendant violative of the right of the plaintiff.
submission or correction if
the attending circumstances Complaint filed by one who claims to represent a party as
are such that strict plaintiff but who is not authorized to do so, such complaint is
compliance with the rule not deemed filed and the court does not acquire jurisdiction
may be dispensed with in over the complaint.
order that the needs of
justice may be served Rules on Actionable Document
thereby
Complied with when one Must be signed by all the Actionable Document
who has ample knowledge plaintiffs or petitioners in a  a written instrument or document on which an action
to swear to the truth of the case; otherwise, those who or defense is founded.
allegations in the complaint did not sign will be dropped  Rule: when an action is based upon an instrument, the
or petition signs the as parties to the case. When substance of such instrument shall be set forth to the
verification all the plaintiffs share a pleading as an exhibit, which shall be deemed to be
common interest, signature part of the pleading
of only one of them in the  May be set forth thru:
CAFS substantially complies a) By setting forth the substance of such document
with the rule. in the pleading and attaching the document
CAFS must be executed by thereto as an annex; or,
the party-pleader, not by his b) By setting forth said document verbatim in the
or her counsel. If unable to pleading.
sign, he must execute a SPA
designating her counsel fo B. RAFFLE OF CASES
record to sign on his behalf.
Proof of competent evidence of identities is require to  After the complaint has been filed, case shall be
ensure that the allegations are true and correct and not a assigned in a branch of court, through raffle
product of the imagination or a matter of speculation, and  Purpose: (a) to equalize the distribution of the cases
that the pleading is filed in good faith. among the several branches, and thereby foster the
Court’s policy of promoting speedy and efficient
Compliance with A.M. No. 11-9-4-SC dispostion of cases; and, (b) to ensure the impartial
adjudication of cases and thereby obviate any
All pleadings, motions and similar papers intended for the court suspicion regarding assignment of cases to
shall be written in single space with one-and-a-half space predetermined judges.
between paragraphs, using an easily readable font style of the
party’s choice, of 14-size font, and on a 13-inch by 8.5-inch C. SUMMONS AND VOLUNTARY APPEARANCE
bond paper.
 Court shall within 5 calendar days from receipt of the
initiatory pleading and proof of payment of the
RELR 1 Reviewer
Atty. Wilson Legaspi
 requisite legal fees, direct the clerk of court to issue  jurisdiction over the person is not a pre-requisite to
the corresponding summons to the defendants confer jurisdiction on the court, only jurisdiction over
 Not only through service of summons that the Court the res either:
can acquire jurisdiction, but also through voluntary a) by the seizure of the property under legal process
appearance (brought into actual custody of the law);
b) as a result of the institution of legal proceedings
(1) Jurisdiction Through Service of Summons  the service of summons is not for the purpose of
vesting the court with jurisdiction but merely for
Summons – writ by which the defendant is notified of the action satisfying due process requirements
brought against him or her; signed by the clerk of court and
shal remain valid until duly served, unless recalled by the court Persons Authorized to Serve Summons
1. Sheriff, his or her deputy, or other proper court officer
Two-fold purpose of issuance of summons: 2. Plaintiff, together with the sheriff
a) To acquire jurisdiction over his or her person; and, 3. Plaintiff, outside the judicial region of the court where
b) To notify the defendant of a pending action against the case is pending, even without the sheriff
him or her so that he or she will be given opportunity 4. Juridical entity through an authorized representative,
to be heard on the claim against him or her attaching a board reso or secretary’s certificate, stating
that he or she is authorized
Content of Summons:
a) The name of the court and the names of the parties to Sanction to Misrepresentation of the Plaintiff
the action;  “If the plaintiff misrepresents that the defendant was
b) When authorized by the court upon ex parte motion, served summons, and it is later proved that no
an authorization for the plaintiff to serve summons to summons was served, the case shall be dismissed with
the defendant; prejudice, the proceedings shall be nullified, and the
c) A direction that the defendant answer within the time plaintiff shall be meted appropriate sanctions.”
fixed by the Rules;  with prejudice: it can no longer be re-filed
d) A notice that unless the defendant so answers, plaintiff
will take judgment by default and may be granted the Period within which to complete service
relief applied for.  within 30 calendar days from issuance of summons by
clerk of court and receipt thereof, the sheriff shall
Accion in Personam complete its service.
 Judgment is directly for or against a particular person  within 5 calendar days from service of summons, the
 Requires jurisdiction over the parties server shall file with the court and serve a copy of the
 Collection of sum of money, actions for damages, return to the plaintiff’s counsel, personally, by
petition for injunction, action for support, ejectment registered mail, or by electronic means
cases, and accion publiciana
Mode of Service of Summons
Accion in Rem
 Action against the thing itself a) Personal Service
 Courts need not acquire jurisdiction over the  “Whenever practicable, the summons shall be served
defendant because it is not filed against him or her by handing a copy thereof to the defendant in person
based on his or her personal liability and informing the defendant that he or she is being
 Assumes an active vinculum over those with interests served, or if he or she refuses to receive and sign for it,
to the thing subject of litigation by leaving the summons within the view and in the
 Petition for original registration or confirmation of presence of the defendant.”
imperfect title, petition for declaration of nullity or  in an accion in personam, this is possible only if the
annulment of marriage, and petition for settlement of defendant is in the Philippines, otherwise, the action
estate will have to be converted to either an accion in rem or
quasi in rem by attaching the property belonging to
Accion Quasi in Rem the defendant in order to avail of the extraterritorial
 kind of action against the person and not based on his service of summons or by publication - proceedings
or her personal liability but subjects that person’s will have to continue despite his absence
interest on a property to a legal burden
 deals with status of ownership or liability of a b) Subsituted Service
particular property, which are to operate only as  “If, for justifiable causes, the defendant cannot be
between the particular parties to the proceedings and served personally after at least three (3) attempts on
not to ascertain rights of all possible claimants two (2) different dates, service may be effected:
 i.e. action for quieting of title, accion reinvindicatoria i. By leaving copies of the summons at the
(action to recover ownership) defendant’s resident to a person at least 18 yrs of
age and of sufficient discretion residing therein;

RELR 1 Reviewer
Atty. Wilson Legaspi
 ii. By leaving copies of the summons at the a) by a personal service with leave of court, which can be
defendant’s office or regular place of business to effected out of the PH under the Rules;
be received by a competent person – one who b) by any of the means as provided for in international
customarily received correspondences for the conventions to which the PH is a party;
defendant c) by publication in a newspaper of general circulation in
iii. By leaving copies of the summons, if refused such places and for such time as the court may order,
entry upon making his or her authority and summons shall be sent by registered mail to the last
purpose known, with any of the officers of known address of the defendant
homeowner’s assoc or condo corp, or its chief d) in any other manner the court may deem sufficient
security OIC of the community or the bldg. where
the defendant may be found; (i) Personal Service Effected Out of the Philippines
iv. By send an electronic mail to the defendant’s  allowed only in accion in rem or quasi in rem
electronic mail address, if allowed by the court  not allowed in accion in personam because of the
impossibility of acquiring jurisdiction over his or her
 Impossibility of prompt service should be shown in a person unless he or she voluntarily appeared in the
statement, and such statement should be made in the court
proof of service since this type of service is in
derogation of the usual method of service (ii) The Service Convention of the Hague Conference on Private
 Substituted service can be availed of also when a Intl Law
defendant is a resident of the PH but temporarily out  “Service may be made through methods which are
of the country. (Palma v. Hon Galvez) consistent with established international conventions
 Montefalcon v. Vasquez: “Thus, if a resident defendant to which the Philippines is a party.” (Sec 9, Rule 14
is temporarily out of the country, any of the ff modes A.M. No. 19-10-20-SC)
of sevice may be resorted to: (1) substituted service; (2)  PH has acceded and became a party to the Service
personal service outside the country, with leave of Convention of the Hague Conference on Private Intl
court; (3) service by publication, also with leave of Law (HCCH), formally known as “Convention on the
court; or (4) in any other manner the court may deem Service Abroad of Judicial and Extrajudicial Documents
sufficient. in Civil or Commercial Matters”
 HCCH: intergovernmental organization established to
In case of substituted service, the return shall contain the ff: work for the progressive unification of the rules of
a) The impossibility of prompt personal service within a private international law; PH became a member of
period of 30 calendar days from issue and receipt of HCCH on 14 July 2010
summons;  Rules: the court or other competent authority in which
b) The date and time of the 3 attempts on at least 2 the judicial or extrajudicial document originates shall
different dates to cause personal service; forward the same to the central authority if the
c) The name of the person at least 18 years of age and of receiving state whose form of request must conform to
sufficient discretions, the name of competent person the model required by the said Convention, WITHOUT
in charge of the defendant’s office or regular place of any requirement of legalization or other equivalent
business, or name of office of HO’s assoc or condo formality. Document or a copy thereof shall be
corp or its chief OIC in charge of the community or annexed to the request. The request and the
bldg. document shall both be furnished in duplicate.
 Central authority of the state of DESTINATION shall be
c) Extraterritorial Service the one to serve the document or shall arrange to
 can be made when the defendant does not reside and have it served by an appropriate agency:
is not found in the Philippines, and the action affects a) by a method prescribed by its internal law for the
the personal status of the plaintiff or any of the service of documents in domestic actions upon
property within the PH that is or may be subject persons who are within its territory; or,
matter of the action. b) by a particular method requested by the
 refers to accion in rem or quasi in rem, the law requires applicant, unless such a method is incompatible
service of summons on a non-resident who is not with the law of the state of destination.
found in the Philippines, not for physically acquiring
jurisdiction over his or her person but simply in Convention applies in the PH provided the ff elements are
pursuance of the requirements of fair play, so that he present:
may be informed of the pendency of the action a) A document is to be transmitted from one state party
against him, and the possibility that the property in the for service to another state party;
PH may be subjected to a judgment in favor of a b) The address of the intended recipient in the receiving
resident state party is known; and,
c) The document to be served related to a civil or
Summary: commercial matter.

RELR 1 Reviewer
Atty. Wilson Legaspi
  Central Authority in the PH: Office of the Court Transmittal by the court of the ff after all requirements of
Administrator (OCA) – in charge with receiving requesting party are submitted:
requests for service from the requesting states and a) The order granting the extraterritorial service;
executing them or causing them to be executed. b) The filled-out request and summary of document to
 Competent authority – refers to any judicial authority be served with warning;
of the requested state i.e. PH judges c) The blank certificate (to be completed by central
 If PH is the requesting state, service to requested state authority of requested state);
shall be done by justices and clerks of court of d) The documents sought to be served;
collegiate courts, and judges of lower courts in the PH e) Certified translations of the model form and all
accompanying documents, where necessary.
Other documents that can be subject of request for service:
 orders (iii) Service of Summons Through Publication
 resolutions 1. If the defendant is unknown, or his or her whereabouts
 judgments are unknown and cannot be ascertained by diligent
 other official documents issued by courts in relation to inquiry, within 90 calendar days from the
CIVIL OR COMMERCIAL proceedings commencement of the action, service may, by leave of
 pleadings and other court submissions by parties to court, be effected upon him or her by publication in a
such civil or commercial proceedings newspaper of general circulation and in such places
and for such as the court may order. Defendant must
A.O. No. 251-2020 answer not less than 60 days after notice; or,
 upon motion for leave of court by a party in a civil or 2. When any action is commenced against a defendant is
commercial proceeding, the court shall determine a resident but temporarily out of the country
whether extraterritorial service through the Convention
is necessary in accordance with Rule 13 and Rule 14, as Leave to Effect Service of Summons
amended. The motion shall be accompanied, in  shall be made by motion in writing, supported by
duplicate, by the ff documents: affidavit of the plaintiff or some other person on his or
a) A copy of the model form, including request, her behalf, setting forth the grounds for the
certificate, summary of documents to be served application
and warning;
b) The original documents to be served or CTC Service of Summons on Domestic
thereof + annexes; Juridical Entity
c) Certified translations of the model form and all 1. service may be made on the president, managing
accompanying documents; partner, general manager, corsec, treasurer or in-house
d) An undertaking to pay in full any fees associated counsel
with the service of the documents; and, 2. on their secretaries, in the absence or unavailability of
e) Any other requirements of the requested state, the above
taking into account its reservations, declaration 3. absent the above, upon the person who customarily
and notifications, which may be found in the receives the correspondence for the defendant at its
HCCH website. principal office
4. juridical entity under receivership or liquidation,
Model Form – refers to the form annexed to the Convention, service shall be made on the receiver or liquidator
consisting of 3 parts: 5. refusal of the above to receive despite at least 3
a) Request for service, which is sent to the central attempts on 2 different dates, service may be made
authority of the requested state seeking assistance in electronically, IF allowed by the court
the service of the documents;
b) Certificate, which conforms whether or not the  FORMER RULE: service of summons to defendant
documents have been served; and, domestic corp was limited, restricted and exclusive
c) Summary of the documents to be served, which is only to any of the corporate officers.
delivered to the addressee and preceded by a warning  NEW RULE: amendment to the Rules has now explicitly
relating to the legal nature, purpose and effects of the stated that summons can also be made on their
document to be served. respective secretaries in their absence of unavailability

Order – if court finds that extraterritorial service under the Service of Summons on Foreign
Convention is warranted, it shall issue an order to that effect. Private Juridical Entity
Order shall include a directive to the requesting party to
procure and submit a prepaid courier pouch which shall be Licensed to do business in the PH – service may be made on its
used for the transmission of documents from the court to the resident agent designated in accordance with the law for that
Central authority of the requested state purpose, no agent, on the govt official designated by law to
that effect, or on any of its officers, agents, directors, or trustees

RELR 1 Reviewer
Atty. Wilson Legaspi
Not registered, or has no resident agent but is doing business  if service was made through electronic mail, proof is a
in PH – service may, with leave of court, be effected outside of printout of said email, with a copy of the summons as
the PH through any of the ff means: served, and the affidavit of the person mailing
a) By personal service coursed through the appropriate  if by publication, affidavit of the publisher, editor or
court in foreign country with assistance of DFA; the business or advertising manager, together with a
b) By publication once in a newspaper of gen circulation copy of the publication
in country where defendant may be found and by
service at last known address of defendant; (2) Jurisdiction Through Voluntary Appearance
c) By facsimile;  “The defendant’s voluntary appearance in the action
d) By electronic means; shall be equivalent to service of summons. The
e) By such other means as the court, in its discretion, may inclusion in a motion to dismiss of other grounds aside
direct i.e. such as by availing of the means allowed from lack of jurisdiction over the person of the
under the HCCH defendant shall be deemed a voluntary appearance.”
 RATIONALE: one who seeks affirmative relief is
Service of Summons on Entity deemed to have submitted himself to the jurisdiction
Without Juridical Personality of the court
 service of summons can be made by serving upon any
of the defendants, or upon the person in charge of the What are considered voluntary appearance?
office or place of business maintained in such name  filing of motions to admit answer
 such service shall not bind individually any person  filing for additional time to file answer
whose connection with the entity has been severed  filing for reconsideration of a default judgment;
before the action was filed  filing to lift order of default with motion for
reconsideration
Service of Summons
On a Prisoner Voluntary Appearance – waiver of the necessity of a formal
 can be made through a jail warden who is designated notice; it is in whatever form a submission to the jurisdiction of
as a special sheriff. The jail warden shall file a return the court over the person
within five (5) calendar days from service of summons
to the defendant NEW RULE: “The inclusion in a MTD of other grounds aside
from lack of jurisdiction over the person of the defendant shall
Service of Summons on be deemed a voluntary appearance.” (Rule 14, as amended)
Minor or Incompetent
 shall be made upon him personally and on his legal “Where the summons is improperly served and a lawyer makes
guardian if he has one, or if none, upon his guardian a special appearance on behalf of the defendant to, among
ad lite whose appointment shall be applied for by the others, question the validity of service of summons, the counsel
plaintiff shall be deputized by the court to serve summons on his client.”
 In case of a minor, service shall be made on his or her (Section 13, as added by A.M. No. 19-10-20-SC)
parent or guardian.
Reason for the rule: this alleged invalidity of service of
Service of Summons Upon the State summons became a cause of delay in the speedy disposition of
or Political Subdivisions cases
 service may be effected on the OSG;
 province, city or municipality, or like public corp, D. AMENDED AND SUPPLEMENTAL PLEADINGS (RULE 10)
service may be effected on its executive hear, or on
such other officer as the law or court may direct (1) Amendment in General

Service of Summons on  Pleadings may be amended by adding or striking out an

Spouses Sued Jointly allegation or the name of any party, or by correcting a
 the Rules now explicitly provide that it should be mistake in the name of a party or a mistaken or
served on them individually, unlike the old rule where inadequate allegation or description in any other respect,
it did not provide for the specific requirement so that the actual merits of the controversy may speedily
be determined, without regard to technicalities, and in the
Proof of Service of Summons most expeditious and inexpensive manner.
 proof shall be made in writing by the server, setting  When any pleading is amended, a new copy of the entire
forth the manner, place and date of service and shall pleading, incorporating the amendments, which shall be
also specify any papers which have been served with indicated by appropriate marks, shall be filed.
the process, shall also state the name of the person
who received the same Retroactivity of an Amended Pleading
 if the server is other than the sheriff, he or she shall
make a sworn statement of such proof of service General Rule: Amended complaint that changes the plaintiff’s
cause of action is technically a new complaint and it takes into
RELR 1 Reviewer
Atty. Wilson Legaspi
effect upon its filing and does not retroact to the date of filing
hence statute of limitations runs until the submission of the (5) Pleadings Deemed Amended
amendment.
New Rule: it is now provided that no amendment of such
Exception: An amendment which merely SUPPLEMENTS and pleadings deemed amended is necessary to cause them to
AMPLIFIES FACTS originally alleged relates back to the date of conform to the evidence; they are now treated in all respects as
the commencement of the action (retroacts) if they had been raised in the pleadings.

Test to Determine if Amended Complaint Introduces New COA: (6) Effect of Amended Pleading
 Whether such amendment now requires the defendant
to answer for a liability or obligation which is  Supersedes the pleading it amends
completely different from that states in the original  Admissions in superseded pleadings may be offered in
complaint. evidence against the pleader; and claims or defenses
alleged therein not incorporated in the amended
(2) Amendment as a Matter of Right pleading shall be deemed waived
 Where the defendants have already appears before the
 Any time before a responsive pleading is served, or in RTC by
the case of a reply, at any time within 10 calendar days
after it is served (7) Supplemental Pleading
 Responsive pleading are those which seek affirmative  Upon motion of a party the court may, upon
relief and set up defense like an answer (MTD is not a reasonable notice and upon such terms as are just,
responsive pleading) permit him or her to serve a supplemental pleading,
 Since it is still as a matter of right, it is the correlative setting forth transactions, occurrences or events which
duty of the trial court to accept the amended have happened since the date of the pleading sought
complaint, otherwise, mandamus would lie against it – to be supplemented
it is ministerial for the court to accept  Adverse party may plead on supplemental pleading
 Several defendants: plaintiffs can still amend as a within 10 calendar days from notice of the order
matter of right, in respect to claims asserted solely admitting the supplemental pleading
against the non-answering defendants, but not as to  (as defined) serves to bolster or add something to the
claims asserted against the other defendants primary pleading. It does not replace that which it
supplements. It is but a continuation of the complaint.
(3) Amendment by Leave of Court Purpose is to bring into records new facts, which will
enlarge or change the kind of relief to which the
 After receipt of the responsive pleading by the plaintiff is entitled.
defendant, substantial amendments (not formal) may
be made only upon leave of court E. ANSWER AND OTHER RESPONSIVE PLEADING
 Such leave may be refused of it is done: (a) with intent
to delay; (b) confer jurisdiction on the court: or, (c) the (1) Answer
pleading stated no cause of action from the beginning  Pleading in which a defending party sets forth his or
which could be amended. her defenses.
 However, even if the amendment would alter the COA,  Negative Defense – specific denial of the material facts
such amendment could still be allowed when it is alleged in the pleading of the claimant essential to his
sought to serve the higher interest of substantial causes of action
justice, prevent delay, and secure a just, speedy and  Affirmative Defense – an allegation of a new matter
inexpensive disposition of actions and proceedings which, while hypothetically admitting the material
 (As defined) Party asks through a proper motion filed allegations in the pleading of the claimant, would
in court, with notice to the adverse party, of the nevertheless prevent or bar recovery by him or her
amendment of the pleading that he filed and the court
subsequently grants such motion (a) Specific Denial
 Amended pleading must be attached to the motion  Must specify each material allegation of fact the truth
of which he does not admit and, whenever practicable,
(4) Formal Amendment shall set forth the substance of the matters upon which
he relies to support his denial
a) Defect in the designation of the parties: and,  Denies only part of an averment, he shall specify so
b) Other clearly clerical or typographical errors much of it as is true and material and shall deny only
the remainder
 Made through a summary correction by the court at  A denial is not specific simply because it is so qualified
any stage of the action, at its initiative or on motion, by the defendant. Neither does it become so by the
provided that no prejudice is caused to the adverse simple expedient of coupling the same with a broad
party. conclusion of law that the allegations contested are

RELR 1 Reviewer
Atty. Wilson Legaspi
 “self-serving” or are intended “to suit plaintiff’s a) That the court has no jurisdiction over the subject
purposes” matter;
 Purpose: to compel the defendant to specify the b) Litis pendentia; and,
allegations which he intends to disprove and disclose, c) Res judicata
thereby limiting the issues and avoiding unnecessary
delays and surprises When to raise:
 If the party fails to make a specific denial, the  The court shall motu propio resolve the affirmative
allegations in the complaint shall be deemed admitted. defenses within 30 calendar days from the filing of the
This is based on the provision of the Rules that the answer
material averment in the pleading asserting a claim or  When the ground is lack of jurisdiction over the
claims, other than those as to the amount of subject matter, litis pendentia, or res judicata, the court
unliquidated damages, shall be deemed admitted may conduct a summary hearing within 15 calendar
when not specifically denied days from the filing of the answer, which shall be
 Admission of a party by virtue of failure of defendant resolved within 30 calendar days from the termination
to specifically deny material allegations in the of the summary hearing
complaint is limited: i.e. award of moral and exemplary
damages in a judgment on a pleading, sans any proof, Hypothetical Admission Rule
is unjustified  In setting up affirmative defenses in the answer, or
even in filing a MTD, this must be observed.
(b) Specific Denial Under Oath on Actionable Documents  This rule states that when a MTD is filed, the material
 When an action is founded upon an actionable allegations of the complaint are deemed to be
document, the genuineness and due execution of the hypothetically admitted
instrument shall be deemed admitted unless adverse
party specifically denies them, and sets for the what he (a) Failure to State a Cause of Action
claims to be the facts
 Admission of the genuineness and due execution of a  Insufficiency of the allegations in the
document means a party whose signature it bears: petition/complaint
i. admits that he or she voluntarily signed the
document or it was signed by another for him Failure to State a COA Lack of COA
ii. that at the time it was signed, it was in words Insufficiency of allegation in Insufficiency of evidence or
and figures exactly as set out in the pleading; the pleading factual basis for the action
iii. that the document was delivered; and, May be raised as one of the May be raised any time
iv. that any formalities required by law, such as a affirmative defenses in the
seal, an acknowledgement are waived by him. answer
 It also eliminated any defense relating to the Dismissal – can be made at Dismissal – usually made
authenticity and due execution of the document the earliest stages of an after questions of fact have
action been resolved on the basis
(c) Affirmative Defenses in the Answer of stipulations, admissions or
 Fraud evidence presented
 Statute of limitations The examination is limited to Complaint lacks COA when it
 Release the complaint whether it presents question of fact
 Payment contains an averment of 3 that goes into proving the
 Illegality essential elements of a COA: existence of the elements of
 Statute of frauds a. Right in favor of the the plaintiff’s COA
 Estoppel plaintiff
 Former recovery b. Obligation on the
 Discharge in bankruptcy part of defendant
 Any other matter by way of confession and avoidance to respect such
right
Also: c. An act or omission
a) That the court has no jurisdiction over the person of of the defendant
the defending party; violative of the right
b) That venue is improperly laid; of the plaintiff
c) That the plaintiff has no legal capacity to sue;
d) That the pleading asserting the claim states no cause
of action; and, Test of Sufficiency of Facts:
e) That a condition precedent for filing the claim has not  Whether, admitting the facts alleged, the court could
been complied with. render a valid judgment upon the same in accordance
with the prayer of the petition or complaint
Other grounds:

RELR 1 Reviewer
Atty. Wilson Legaspi
(b) Plaintiff Has No Legal Capacity to Sue (page 7)
(c) Litis Pendentia
(d) Res judicata
(e) Prescription
(f) That the Obligation Has Been Paid, Waived, Abandoned, or
Otherwise Extinguished
(g) The Obligation is Unenforceable Under the Statute of Frauds

RELR 1 Reviewer
Atty. Wilson Legaspi