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Revised Rules on Summary Procedure A. Objection not meritorious.

While this is
indeed a prohibited motion (Sec 19[a] of Revised
CASES COVERED BY THE RULE Rules on Summary Procedure), it should be noted
that the motion was filed after an answer had already
Q. What are the cases that are governed by the been submitted within the reglementary period. In
Rules on Summary Procedure? essence, therefore, it is not pleading prohibited by
the Rule on Summary Procedure. What the rule
A. The cases covered are the following: prohibits is a Motion to Dismiss which would stop
the running of the period to file an Answer and cause
CIVIL CASES: undue delay.

1) All cases of forcible entry and unlawful Q. What are the prohibited pleadings and
detainer, irrespective of the amount of motions under the Revised Rule on Summary
damages or unpaid rentals sought to be Procedure?
recovered. Where atty. fees are awarded the
same shall not exceed twenty thousand pesos A. They are the following:
(P20, 000). 1) Motion to dismiss the complaint or to quash
the complaint or information except on the
2) All other cases, except probate proceedings, ground of lack of jurisdiction over the subject
where the total amount of the plaintiffs claim matter or failure to comply with referral to
does not exceed One hundred thousand pesos Lupon for conciliation.
(P100, 000) or Two hundred thousand pesos 2) Motion for a bill of particulars
(P200, 000. 00), exclusive of interests and 3) Motion for new trial or for reconsideration of a
costs. judgment or for reopening of trial
4) Petition for relief of judgment
CRIMINAL CASES: 5) Motion for extension of time to file pleadings,
affidavits or any other papers.
1) Violations of traffic laws, rules and 6) Memoranda
regulations 7) Petition for certiorari, mandamus or
2) Violations of rental laws prohibition against any interlocutory order
3) Violations of municipal or city ordinances issued by the court
4) All other criminal cases where the penalty 8) Motion to declare the defendant in default
prescribed by law for the offense charged is 9) Dilatory motion for postponement
imprisonment not exceeding 6 months or a 10) Reply
fine not exceeding one thousand pesos 11) Third-party complaints
(P1,000) or both, irrespective of other 12) Interventions.
imposable penalties, accessory or otherwise or
of the civil liability arising there from. Q. In a case for unlawful detainer under the
Provided, however, that in offenses involving Revised Rules on Summary Procedure, the MTC
damage to property through criminal rendered a decision in favor of A, the lessor, ordering
negligence, this Rule shall govern where the B, the lessee, to vacate As apartment and to pay the
imposable fine does not exceed ten thousand back rentals. B appealed to the RTC which affirmed
pesos (P10,000). MTCs decision. A anticipating another appeal by B,
5) Violation of BP 22. filed a motion for execution pending appeal pursuant
Sec 21of the Revised Rule on Summary Procedure. B
EFFECT OF FAILURE TO ANSWER likewise within the reglementary period filed a petition
for review of the RTCs decision with the CA.
Q. Can the court declare a defendant for failure to a) May the RTC grant As motion for execution
file an answer, in default if the case is governed by pending appeal after B filed his petition for
the Rules on Summary Procedure? review with the CA? Explain.
b) May B validly oppose the motion for execution
A. Where no answer is filed, the court may not pending appeal on the ground that the motion
declare defendant in default because a motion to is not based on the good reasons for which an
declare defendant in default is a prohibited pleading. execution pending appeal may be issued
(Lesaca vs. CA 21 Oct 1991) under Sec 2 Rule 39 of the Rules of court.

Q. X filed an ejectment suit against Y who filed A. Yes because the decision of the RTC is
an answer. Y filed a motion to dismiss in the guise of immediately executory despite the appeal (Sec 21
a position paper. X objected on the ground that such Revised Rules of Summary Procedure)
motion is a prohibited motion under the Rule on No because Sec 2 of Rule 39 is not applicable
Summary Procedure. Rule on the objection. to this case which falls under Summary Procedure.
Q. For failure of the tenant, Marivic, to pay action QUASI IN REM is an action against an
rentals, Letty, the court-appointed administrator of the individual although the purpose of the suit is to
estate of Santos Lindawan decides to file an action subject his interest in a particular property to the
against Marivic for the recovery of possession of the obligation or lien burdening the property. The
leased premises located in Plaridel, Bulacan and for judgment rendered in actions IN REM binds the
the payment of the accrued rentals in the total amount whole world, while the judgment rendered in actions
of P100,000. If the case is filed with the Municipal QUASI IN REM is conclusive only between the
Trial Court, is it covered by the Revised Rule of parties.
Summary Procedure? An action QUASI IN REM, as stated is an
action against a person over a particular property or
A. Yes it is covered by the Revised Rule on claims relating thereto, while an action in
Summary Procedure because Sec 1 A [1] provides PERSONAM is an action to establish a claim against
that All cases of forcible entry and unlawful a person with a judgment that binds him personally.
detainer, irrespective of the amount of damages or An action in PERSONAM, as stated, is an
unpaid rentals sought to be recovered. This is a action against a person on the basis of his personal
clear case of unlawful detainer and the accrued liability while a personal action is an action where
rentals of P100,000 is immaterial to the application the plaintiff seeks the recovery of personal property,
of the Revised Rule on Summary Procedure. the enforcement or the resolution of a contract or the
recovery of damages.
Q. Distinguish action from cause of action. (1999 An action IN REM is an action against all who
Bar Exam) might be minded to make an objection of any sort
against the right sought to be established, while a
A. An action is one by which a party sues real action is an action affecting title to real property
another for the enforcement or protection of a right or for the recovery of possession or for partition or
or the prevention or redness of a wrong. (Sec. 3 Rule condemnation of or foreclosure of a mortgage on real
1 1997 Rules of Civil Procedure.) A cause of action is property.
the act or omission by which a party violates a right A personal action is an action where the
of another. ( Sec 2 Rule 2 of 1997 Rules. An action plaintiff seeks the recovery of personal property, the
must be based on a cause of action. (Sec. 1 Rule 2 of enforcement or resolution of a contract or the
1997 Rules) recovery of damages, while a local action is that
which must be brought in a particular place.
Q. A sued B to recover P500,000 based from a Plaintiff in a personal action may file it in the place
promissory note due and payable on 5 Dec. 1995. The where he resides or where the defendant resides
compliant was filed on 30 Nov. 1998 and summons while in a local action, plaintiff has no choice except
was served on B on 7 Dec. 1998. B interposes a to file the action in the place where the property is
motion to dismiss on the ground that the compliant located.
states no cause of action. If you were the judge, how
would you rule on the motion? (1999 Bar Exams) Q. Distinguish civil actions from special
proceedings. (1998 Bar Exam)
A. If I were the judge, I would grant the motion
on the ground that the compliant states no cause of A. A civil action is one by which a party sues
action. When the complaint was filed, the promissory another for the enforcement or protection of the right
note was not yet due and demandable and hence the or the prevention or redress of a wrong, (Sec 3(a)
complaint was filed prematurely. This defect was not Rule 1, 1997 Rules of Civil Procedure), while a
cured by the service of the summons on the special proceeding is a remedy by which a party
defendant after the date when the promissory note seeks to establish a status, a right or a particular
became due and payable. fact. (Sec 3(c) Rule 1)

Q. Distinguish: Q. Ruby filed a collection of sum of money case


1) An action IN REM from an action QUASI IN against Grany on April 18, 2003, which the later
REM. contested when she filed her answer during the
2) An action QUASI IN REM from an action IN reglementary period. Ruby filed an amended
PERSONAM. compliant impleading Mildred as additional defendant
3) An action IN PERSONAM from personal action. upon a motion properly filed on May 23, 2003. When
4) An action IN REM from real action. is the civil action deemed commence?
5) A personal action from a local action. (1994
Bar ) A. As to Grany, the original defendant, the civil
action is deemed commenced on April 18, 2003. But
A. An action IN REM is an action against all who with regard to Mildred, the additional defendant, it is
might be minded to make an objection of any sort deemed commenced on May 23, 2003. A civil action
against the right sought to be established. While an is commenced by the filing of the original compliant
on court. If the additional defendant is impleaded in Q. Butch purchased a lot from Cosme for P1.5M.
a later pleading the action is commenced with regard he gave a down payment of P500,000, signed a
to him on the date of the filing of such later pleading, promissory note payable for 30 days after date, and
irrespective of whether the motion for its admission, as security for the settlement of the obligation,
if necessary, is denied by the court. (Sec 5 Rule 1, mortgaged the same lot to Cosme. When the note fell
1997 Rules of Civil Procedure) due and Butch failed to pay Cosme commended suit to
recover from Butch the balance of P1M. After securing
Q. How shall the Rules of Court be construed a favorable judgment on his claim, Cosme brought
(1998 Bar Exams) another action against Butch before the same court to
foreclose the mortgage. Butch now files a motion to
A. The Rules of Court should be liberally dismiss the second action on the ground of bar by
construed in order to promote their objective of prior judgment. Rule on the motion. (1999 Bar Exams)
securing a just, speedy, and inexpensive disposition
of every action and proceeding. (Sec 6, Rule 1 1997 A. The motion to dismiss should be granted.
Rules of Civil Procedure) When Cosme commenced suit to collect on the
However, strict observance of the rules is an promissory note, he waived his right to foreclose the
imperative necessity when they are considered mortgage. He split his cause of action which he
indispensable to the prevention of needless delays cannot validly do.
and to an orderly and speedy dispatch of judicial
business (Alvero vs. Judge dela Rosa, 76 Phil 428 Q. What is the rule against splitting a cause of
and other cases) action and its effect on the respective rights of the
parties for failure to comply with the same? (1999 and
Q. What are the kinds of actions for the recovery 1998 Bar Exams)
of possession of real property ? Explain each.
A. The rule against splitting a cause of action
A. The kinds of actions are the following: and its effect are that if two or more suits are
The summary action for forcible entry and instituted on the basis of the same cause of action,
unlawful detainer forcible entry is a summary the filing of one or a judgment upon the merits in any
action to recover material or physical possession of one is available as a ground for dismissal of the
real property when the person who originally held it other, the ground for dismissal is either lis pendens
was deprived of possession by force, intimidation, (if the actions are still pending) or res judicata (if the
strategy, threat or stealth. An action for unlawful judgment in one case has already become final. (Sec
detainer, on the other hand may be filed when 4 Rule 2 of 1997 Rules.
possession by a land lord, vendor, vendee or other
person against whom the possession of any land or Q. Marife secured two loans from Nimfa, one for
building is unlawfully withheld after the expiration or P500,000 and the other for P1,000,000 payable on
termination of the right to hold possession, by virtue different dates. Both have fallen due. Is Nimfa obliged
of contract, express or implied. Both actions may be file only one compliant against Marife for the recovery
filed with the municipal trial court within one year of both loans. Explain. (1999 Bar Exams)
after unlawful deprivation or withholding of
possession. A. No. Joinder is only permissive since the loans
Accion publiciana is the plenary action to are separate loans which may be governed by
recover the right of possession when dispossession different terms and conditions. The two loans give
has lasted for more than one year or when rise to two separate causes of action and maybe the
dispossession was affected by means other than basis of two separate complaints.
those mentioned under Rule 70 of the Rules of Court.
Q. What is the rule on joinder of causes of action?
Q. Define Cause of Action and give its essential ( 1999 Bar Exams)
elements.
A. The rule on joinder of causes of action is that
A. A cause of action is defined as an act or a party may in one pleading assert, in the alternative
omission of one party in violation of the legal right or or otherwise, as many causes of action as he may
rights of another. Its essential elements are: have against an opposing party, provided that:
1) legal right of the plaintiff: 1) the rule on joinder of parties is complied with
2) correlative obligation of the defendant and 2) the joinder should not include special civil
3) an act or omission of the defendant on actions or actions governed by special rules
violation of said legal right. 3) where the causes of action are between the
There must be damage or prejudice otherwise, same parties but pertain to different venues
no right of action arises in favor of plaintiff. or jurisdictions, the joinder maybe allowed in
the Regional Trial Court provided one of the
causes of action falls within the jurisdiction of Q. Who is a real party in interest?
said court and the venue lies therein
4) Where the claims in all the causes of action A. A real party in interest is the party who
are principally for recovery of money, the stands to be benefited or injured by the judgment in
aggregate amount claimed shall be the test of the suit, or the party entitled to the avails of the suit.
jurisdiction. (Sec. 5 Rule 2 1997 Rules) Unless otherwise authorized by law or these Rules,
every action must be prosecuted or defended in the
Q. May a complaint be dismissed on the ground of name of the real party in interest. (Sec 2 Rule 3 of
misjoinder of causes of action? 1997 Rules)

A. No. Misjoinder of causes of action is not a Q. Mr. Garcia, an attorney-in-fact of Mr. Ringor
ground for dismissal of an action. Misjoined causes prosecuted a case in favor of the latter without
of action may, on motion of a party or on the including Mr. Ringor. The defendant Mr. Galang filed a
initiative of the court, be severed and proceeded with motion to dismiss on the ground that the complaint
separately. (Sec. 6 Rule 2 1997 Rules) states no cause of action. Rule on the motion.

Q. Distinguish joinder of causes of action from A. Motion should be granted. The attorney in
joinder of parties. (1996 Bar Exams) fact is not a real party in interest hence cannot
prosecute the case only in his name. The complaint
A. Joinder of causes of action maybe made in should include Mr. Ringor as real party in interest.
the same complaint by one party against another, the Where action is allowed to be prosecuted or defended
totality of the demand determines jurisdiction of the by a representative or someone acting in a fiduciary
court. capacity, the beneficiary shall be included in the title
But in cases of joinder of causes of action by of the case and shall be deemed to be the real party
or against several parties, the right to relief must in interest. (Sec. 2 and 3 Rule 3 1997 Rules)
arise out of the same transaction or series of
transactions and there must be a common question Q. When is permissive joinder of parties proper?
of fact or law. If these requisites are present, the
totality of the demand determines the jurisdiction of A. Permissive joinder of parties is proper when
the court. the following requisites are present:
1) The persons in whom or against whom any
Q. The complaint filed before the RTC of Candon right to relief in respect to or arising out of the
City states two (2) causes of action, one for rescission same transaction or series of transaction or
of contract and the other for the recovery of P100,000 series of transactions is alleged to exist,
both of which arose out of the same transaction. Is the whether jointly or severally or in the
joinder of the two causes of action proper? Explain. alternative, may join as plaintiffs or be joined
(1996 Bar Exams.) as defendants in one complaint ; and
2) There is a question of law or fact common to
A. Yes, since the first cause of action for all such plaintiff or to all such defendants in
rescission of contract falls within the jurisdiction of the action. (Sec. 6 Rule 3 1997 Rules)
the RTC of Candon City, because the subject is
incapable of pecuniary estimation and the second Q. Balbin Subdivisions Inc. developed, subdivided
cause of action for recovery of P100.000 is within the and conveyed to lot buyers parcels of land in a
jurisdiction of a lower court and arose out of the subdivision owned by it. Mr. Pre claiming as owner of
same transaction, both may be joined in the the whole subdivision filed a case against Balbin
complaint filed with the RTC. Subdivision Inc. for recovery of real properties. Will the
action prosper?
Q. Who may be parties to a civil action?
A. No the action will not prosper. In an action for
A. Parties to a civil action are the plaintiff and recovery of parcels of land, which had already been
defendant. Persons having an interest in the subject subdivided and conveyed to lot buyers, the latter are
of the action and in obtaining the relief demanded indispensable parties and their having been not
maybe plaintiffs. Persons claiming an interest in impleaded as defendants renders the judgment and
controversy adverse to the plaintiffs maybe all proceedings therein held null and void for want of
defendants. authority on the part of the court to act not only as
Parties should be (1) natural persons, (2) to the absent parties but also as to the present. Sec.
juridical persons (3) entities authorized by law to be 7, Rule 3 of 1997 Rules provides that parties in
parties such as labor organizations and entities interest without whom no final determination can be
without legal personality when sued as defendants. had of an action shall be joined either as plaintiffs or
(Sec. 1 Rule 3 1997 Rules) defendants. Failure to include indespensable parties
is a ground for dismissal of action.
Q. Who is a necessary party? Q. What are the requisites of a class suit?

A. A necessary party is one who is not A. The following are the requisites of a class suit:
indispensable but who ought to be joined as a party 1) The subject matter in controversy is of
if complete relief is to be accorded as to those already common or general interest to many persons
parties or for a complete determination or settlement 2) There is only one right or cause of action
of the claim subject of the action. pertaining or belonging in common to many
persons, not separately or severally to
Q. Distinguish indispensable and necessary distinguish the individuals
parties. 3) The parties are so numerous that it would be
impracticable to bring them before the court.
A. A proper party or necessary party is one
which ought to be a party if complete relief is to be Q. Francisca filed a complaint for the recovery of
accorded as between those already parties. ownership of land against Santos who was
An indispensable party is a party who must represented by his counsel Romeo. In the course of
be made a party either as plaintiff or defendant if trial Santos died. However Romeo failed to notify the
final determination can be had of an action. court of Santoss death.
In other words, a necessary party need not be The court proceeded to hear the case and
joined as party litigant and the court can still rendered judgment against Santos. After judgment
adjudicate the controversy as between the parties became final, a writ of execution was issued against
already in court. Cosme, who being Santos sole heir, acquired the
On the other hand, an indispensable party property.
must be joined under all circumstances to enable the (1) If you were counsel of C, what course of action
court to resolve the dispute; otherwise the case must would you take?
be dismissed. (2) Did the failure of Romeo to inform the court of
Santoss death constitute direct contempt? (1998 Bar
Q. Give the effect of the non-joinder of a Exams)
necessary party. (1998 Bar Exams)
A: As counsel of Cosme, I would move to set
A. The effect of the non-joinder of a necessary aside the writ of execution and the judgment for lack
party may be stated as follows: the court may order of jurisdiction and lack of due process in the same
the inclusion of an omitted necessary party if court because the judgment is void. If X had notified
jurisdiction over his person may be obtained. the court of Bs death, the court would have ordered
The failure to comply with the order for his the substitution of the deceased by Cosme, the sole
inclusion without justifiable cause is a waiver of the heir of Santos. (Sec. 16 Rule 3 of 1997 Rules of Civil
claim against such party. Procedure)
The court may proceed with the action but The court acquired no jurisdiction over Cosme
the judgment rendered shall be without prejudice to upon whom the trial and the judgment are not
the rights of such necessary party. (Sec. 9 Rule 3 binding. I could also file an action to annul the
1997 Rules of Civil Procedure) judgment for lack of jurisdiction because Cosme, as
the successor of Santos was deprived of due process
Q. What is the rule in cases of unwilling plaintiff? and should have been heard before judgment.
No. It is not direct contempt under Sec. 1
A. An unwilling plaintiff who is a real or Rule 71 but it is indirect contempt within the
indispensable party should be impleaded as purview of Sec. 3 of Rule 71. The lawyer can also be
defendant and the reason therefore stated in the the subject of disciplinary action. (Sec. 16 Rule 3
complaint. (Sec. 10 Rule 3 1997 Rules) 1997 Rules of Civil Procedure.)

Q. Is misjoinder and non-joinder of parties a Q. What is the duty of the counsel if his client dies
ground for dismissal of an action? during the pendency of a case?

A. Neither misjoinder nor non-joinder of parties A. Whenever a party to a pending action dies,
is ground for dismissal of an action. and the claim is not thereby extinguished, it shall be
Parties may be dropped or added by order of the duty of his counsel to inform the court within
the court on motion of any party or on its own thirty (30) days after such death of the fact thereof,
initiative at any stage of the action and on such and to give the name and address of his legal
forms as are just. representative or representatives.
Any claim against a misjoined party may be Failure of counsel to comply may subject him
severed and proceeded with separately. (Sec. 11 Rule to disciplinary action. (Sec. 16 Rule 3 1997 Rules)
3 1997 Rules)
Q. What is the rule in cases of transfer of Q. What is the rule in the case of indigent party or
interests? pauper litigants?

A. In case of any transfer of interest, the action A. A party may be authorized to litigate his
maybe continued by or against the original party, action, claim or damages as an indigent if the court,
unless the court upon motion directs the person upon an ex parte application and hearing, is satisfied
whom the interest is transferred to be substituted in that the party is one who has no money or property
the action or joined with the original party. sufficient and available for food, shelter and basic
necessities for himself and his family. The amount of
Q. When A (buyer) failed to pay the remaining the docket and other lawful fees which the indigent
balance of the contract price after it became due and was exempted from paying shall be a lien on any
demandable, B (seller) sued him for collection before judgment rendered in the case favorable to the
the RTC. After both parties submitted their respective indigent, unless the court otherwise provides. (Sec.
evidence, A perished in a plane accident. 21 Rule 3 1997 Rules of Civil Procedure)
Consequently, his heirs brought an action for the A motion to litigate as an indigent can be
settlement of his estate and moved for the dismissal of made even before the appellate court either for the
the collection suit. prosecution of appeals, in petitions for review or in
(1) Will you grant the motion? Explain. special civil actions. (Martinez vs. Pp. May 31, 2000.)
(2) Will your answer be the same if A died while
the case is already on appeal to the CA? Explain. Q. When is Solicitor Generals appearance
(3) In the same case, what is the effect if B died required by the Rules?
before the RTC has rendered judgment? ( Bar Exams)
A. In any action involving the validity of any
A. No, because the action will not be dismissed treaty, law, ordinance, executive order, presidential
but shall instead be allowed to continue until entry of decree, rules or regulations, the court, in its
final judgment. discretion, may require the appearance of the
No, if A died while the case was already on Solicitor General who may be heard in person or
appeal in the court of Appeals, the case will continue through a representative duly designated by him.
because there is no entry yet of final judgment.
The effect is the same. The action will not be Q. Joyce a resident of Pangasinan sued Jeff, a
dismissed but will be allowed to continue until entry resident of San Fernando City, La Union in the RTC of
of final judgment. (Sec. 20 Rule 3 1997 Rules) Quezon City for the collection of a debt of P1M.
Jeff did not file a motion to dismiss for
Q. What is the rule to be observed in case of improper venue but raised it as an affirmative defense
death of the obligor if there are claims against him? in his answer. Rule on the affirmative defense of
improper venue.
A. If it is a money claim arising from contract,
express or implied the following rule should be A. There is improper venue. The case for sum of
observed: (1) If the obligor dies before an action could money which was filed in Quezon City, is a personal
be filed against him, the obligee will have to file a action. It must be filed in the residence of either the
money claim with the probate court: (2) If the action plaintiff, which is Pangasinan, or of the defendant
has already been instituted against the obligor, and which is San Fernando City, at the election of
he dies before entry of final judgment in the court in plaintiff (Sec. 2 Rule 4 of 1997 Rules of Civil
which the action is pending at the time of such Procedure). The fact that it was not raised in a
death, the action shall not be dismissed but shall motion to dismiss does not matter because the rule
instead be allowed to continue until entry of final that if improper venue is not raised in a motion to
judgment. dismiss it is deemed waived was removed from the
1997 Rules of Civil Procedure. The new rules
Martinez vs. Pp. May 31, 2000 provided that if no motion to dismiss has been filed,
any of the grounds for dismissal may be pleaded as
The plaintiff can then file it as a money claim an affirmative defense in the answer. (Sec. 6 Rule 16
based on judgment in the probate court. If it is a of 1997 Rules)
claim that does not arise from contract, such as a
claim for damages for injury to person or property: Q. Jessa, a resident of Angeles City, borrowed
(1) if the obligor dies before an action could be filed P300,000 from Kimjer, a resident of Pasay City. In the
against him an ordinary action may be filed against loan agreement, the parties stipulated that the
his executor or administrator (2) if the obligor dies parties agree to sue and be sued in the City of
after an action has already been instituted against Manila.
him, the action will continue until final judgment. (1) In case of non-payment of the loan, can Kimjer
The judgment may be executed against his executor file his complaint to collect the loan from Jessa in
or administrator. Angeles City?
(2) Suppose the parties did not stipulate in the defendant located in the Philippines, the action may
loan agreement as to venue, where can Kimjer file his be commenced and tried in the court of the place
complaint against Jessa? where the plaintiff resides, or where the property or
(3) Supposed the parties stipulated in their loan any portion thereof is situated or found.
agreement that venue for all suits arising from this
contract shall be the courts of Quezon City, can Q. What is venue?
Kimjer file her complain against Jessa in Pasay City?
(1997 Bar Exams) A. Venue of action is the place where the action
is to be tried, whether real or personal. Venue relates
A: Yes because the stipulation in the loan to place of trial, not to jurisdiction, touches more on
agreement that the parties agree to sue and be sued the convenience of the parties rather than the
in the City of Manila does not make Manila the substance of the case.
exclusive venue thereof (Sec. 4 Rule 4). Hence,
Kimjer can file her complaint in Angeles City where Q. Distinguish venue from jurisdiction.
the resides (Sec. 2 Rule 4 of 1997 Rules).
If the parties did not stipulate on the venue, A. Venue refers to the place where the action is
Kimjer can file complaint either in Angeles City where to be instituted, jurisdiction refers to the authority of
Jessa resides or Pasay City where she resides. the court to try and decide the case. Venue may be
NO. If the parties stipulated that the venue waived; jurisdiction (as to subject matter cannot be
shall be in the courts in Q.C. Kimjer cannot file her waived. Venue may be the subject of a written
complaint in Pasay City because of the word shall agreement between the parties; jurisdiction cannot
makes Quezon City the exclusive venue thereof. be the subject of the written agreement between
parties.
Q. Josie, a resident of Laoag City file a case for
recovery of ownership of a parcel of land with an Q. What are pleadings?
assessed value of P200,000 located at Vigan City
against Crisel, a resident of La Union. Where the case A. Pleadings are the written statements of the
shall be filed? respective claims and defenses of the parties
submitted to the court for appropriate judgment.
A. The case should be filed with the RTC of (Sec. Rule 6 of 1997 Rules)
Vigan City because the action is a real action. Sec. 1
Rule 4 provides that Actions affecting title to or Q. What is a complaint?
possession of real property, or interest therein, shall
be commenced and tried in the proper court which A. A complaint is the pleading containing the
has jurisdiction over the area wherein the real plaintiffs cause or causes of action. The names and
property involved, or a portion thereof is situated. residences of the plaintiff and defendant must be
Forcible entry and detainer actions shall be stated in the complaint. (Sec. 3 rule 6 of 1997 Rules
commenced and tried in the MTC of the municipality of Civil Procedure) The complaint should inform the
or city wherein the real property involved, or a defendant of all the material facts on which the
portion thereof is situated. plaintiff relies to support his demand, it should state
the theory or cause of action which forms the bases
Q. Where is the venue of personal actions? of the plaintiffs claim of liability.

A. All other actions may be commenced and Q. What is an answer?


tried where the plaintiff or any of the principal
plaintiff resides, or where the defendant or any of the A. An answer is a pleading which a defendant
principal defendants resides or in the case of non- files against the complaint and raises defenses to
resident defendant where he may be found, at the defeat the claim against him; he may also; in the
election of the plaintiff. answer, raise counter claims against the plaintiff.

Q. David married Fely on June 18,1995 at Q. What are the kinds of defenses? Explain each
Candon City, Ilocos Sur. In April 1997 Fely went to the .
United States and never returned to the Philippines. A. Defenses may either be negative or
They have no communication since then. David filed affirmative. A negative defense is the specific denial
an annulment case against Fely at the RTC of Candon of the material fact or facts alleged in the pleading of
City where he resides. Is the action properly filed? the claimant essential to his cause or causes of
action. An affirmative defense is an allegation of a
A. Yes. Sec. 3 Rule 4 provides that If any of the new matter which, while hypothetically admitting the
defendants does not reside and is not found in the material allegations in the pleading of the claimant,
Philippines, and the action affects the personal would nevertheless prevent or bar recovery.
status of the plaintiff, or any property of said
Q. What should the defendant do in cases where Q. What is a counter claim?
an action is based on an actionable document?
A. A counter claim is any claim which a
A. The claim or defense should be denied defending party may have against an opposing party.
specifically under oath, otherwise the genuineness (Sec. 6 Rule 6 1997 Rules)
and due execution of a written instrument copied in
or attached to a pleading are deemed admitted. Q. Give the requisites of compulsory counter
claim?
Q. Maui filed an action against Tracy for recovery
of possession of a piece of land. Tracy in her answer A. The following are the requisites of a counter
specifically denied Mauis claim and interposed as a claim.
counter claim the amount of Php 150,000. 00 arising 1) It arises out of, or is necessary connected
from another transaction, consisting of the price of the with the transaction or occurrence that is the
car he sold and delivered to Maui and which the latter subject matter of the opposing partys claim.
failed to pay. Is Tracys counter claim allowed under 2) It does not require for its adjudication the
the rules? Explain. (1996 BAR Exams) presence of third parties of whom the court
cannot acquire jurisdiction.
A. Tracys counter claim is a permissive counter 3) It must be cognizable by the regular courts of
claim in as much as it arises out of another justice.
transaction that is the subject matter of its 4) It must be within the jurisdiction of the court
complaint. It is allowed if it is within the jurisdiction both as to amount and the nature thereof,
of the court. except that in an original action before the
RTC, the counter claim is considered
Alternative Answer: compulsory regardless of the amount thereof;
The question does not state in what court 5) It must already be existing at the time the
Maui filed the action. If the assessed value of the defending party files his answer. (Sec. 7 Rule
property does not exceed Php 20,000. 00 the action 6 of the 1997 Rules of Civil Procedure)
may be filed in the MTC in which case the counter
claim of Php 150,000. 00 may be allowed in as much Q. B and C borrowed P400, 000.00 from A. The
as it is within its jurisdiction. promissory note was executed by B and C in a joint
and several capacity. B who received the money from
Q. Aya sues Lea for recovery of a tract of land. A, gave C P200, 000.00. C in turn loaned P100,
Lea seeks in turn to be reimbursed the value of 000.00 out of the P200, 000.00 he received, to D.
improvements she has introduced in the same land 1.) In an action filed by A against B and C with
and the payment of damages she has sustained. the RTC, can B file a cross-claim against C for the
Should Lea file a separate action against Aya for that amount of P200, 000.00?
purpose? (1996 BAR Exams) 2.) Can C file a third party complaint against D
for the amount of P100, 000.00? (1997 Bar Exams)
A. No. Leahs claim cannot be made in a
separate action. It is a compulsory counter claim in A. Yes, B can file a cross-claim against C for the
the suit filed by Aya against Lea for the recovery of amount of P200,000 given to C. A cross-claim is a
the land. A compulsory counter claim is one which, claim filed by one party against a co-party arising out
being cognizable by the regular courts of justice, of the transaction or occurrence that is the subject
arises out of or is connected with the transaction or matter either of the original action or of a counter
occurrence constituting the subject matter of the claim therein. Such cross-claim may include a claim
opposing partys claim and does not require for its that the party against whom it is asserted is or may
adjudication the presence of third parties of whom be liable to the cross-claimant for all or part of the
the court can not acquire jurisdiction. If Leas claim claim asserted in the action against the cross-
is not set up in the suit filed by Aya, the claim is claimant. (Sec. 8 Rule 6 1997 Rules)
barred. (Sec.7 Rule 6 1997 Rules of Civil Procedure) Yes, C can file a third party complaint against
D because the loan of P100,000 was taken out of the
Q. Is a motion to dismiss with counter claim P200,000 received from B and hence the loan seeks
sanctioned by the rules of Court? (1992 BAR Exams) contribution in respect to his opponents claim. (Sec.
11 Rule 6 of 1997 Rules)
A. No, because a counter claim is contained in
an answer and not in a motion to dismiss. Q. A assembles an owner-type jeep for B who in
What the defendant should do is to plead the turn rents it to X. Due to faulty brakes, X figures in a
ground of his motion to dismiss as an affirmative vehicular accident causing him severe injuries. X files
defense in his answer together with his counter an action for damages against A and B. May B file a
claim. third-party complaint against A for indemnity?
Explain. (1996 Bar Exams)
A. No, because what B should file is a cross- same is not an initiatory pleading. Such certificate is
claim against his co-defendant A. third-party necessary only when the pleading is initiatory. The
complaint is not available because both A and B are reason for the rule is that, the counter claim is
made defendants in the case. merely auxiliary to the proceedings. The counter
claim for the unpaid hospital bills however, is an
Q. What is a reply? initiatory pleading as it serves as an independent
claim. The same did not arise out of the same
A. A reply is a pleading, the office or function of transaction or occurrence that is the subject matter
which is to deny, or allege facts in denial or of plaintiffs complaint which is the alleged negligence
avoidance of new matters alleged by way of defense of hospital employees. The hospitals claim arose out
in the answer and thereby join or make issue as to of contract.
such new matters. (Sec. 10 Rule 6 1997 Rules)
Q. BA Savings Bank filed a petition for certiorari
Q. A, after he files his complaint wants to allege with the CA with a certificate of non-forum-shopping
claims arising out of new matters, how will A plead signed by its lawyer. It was dismissed by the CA on
such new matters? that ground. It filed a motion for reconsideration
attaching thereto a corporate secretarys certificate
A. A should set forth the new matters in an authorizing its lawyer to represent it in the action and
amended or supplemental complaint. to sign, execute and deliver a certificate of non-forum
shopping. The motion was denied on the ground that
Q. What is the effect if there is no reply filed? the rule requires that it is the petitioner, not the
counsel, who must sign the certificate. Is the ruling
A. If a party does not file a reply, all matters correct? Why?
alleged in the answer are deemed controverted. (Sec.
10 Rule 6 1997 Rules) A. No, the certificate of non-forum-shopping may
be signed for and in behalf of a corporation,
Q. What is a third-party complaint? specifically by a lawyer who has personal knowledge
of the facts required to be disclosed in such
A. A third-party complaint is a claim that a document. Corporations perform physical actions
defending party may with leave of court; file against a only through properly delegated individuals like its
person not a party to the action, called the third- officers or agents. In case of natural persons, the rule
party defendant for contribution, indemnity, requires the parties themselves to sign the certificate
subrogation or any other relief, in respect to his of non-forum-shopping. However, such does not
opponents claim. (Sec. 12 Rule 6 1997 Rules) apply to corporations. There is no circumvention if
the certificate was signed by the corporations
Q. When may a third-party complaint be authorized counsel, who had personal knowledge of
disallowed? the matters required by the rule.

A. In the following cases, a third-party complaint Q. What is the effect of an unsigned pleading? Is
may be disallowed: the rule absolute? Why?
1) When the resolution of the main case would
be delayed as when the third-party defendant A. An unsigned pleading produces no legal
cannot be located. effect. However the court may, in its discretion, allow
2) When there are extraneous matters that such deficiency to be remedied if it shall appear that
would be raised the same was due to mere inadvertence and not
3) When the main action is for declaratory relief. intended for delay (Sec. 3 Rule 7 of 1997 Rules). This
is because the requirement as to the signature of a
Q. Cesar Antonio Surla and wife Evangeline filed lawyer is mere formal requirement which can be
a complaint for damages against Santo Tomas cured.
University Hospital alleging that their son suffered
damages when he fell from the hospitals incubator. Q. What is the effect of an unverified pleading?
The hospital filed an answer alleging counter claims of
unpaid hospital bills and professional fees of the A. It shall be treated as an unsigned pleading. In
doctors as well as moral and exemplary damages fact this is also the effect if the verification contains a
against plaintiffs without a certificate of non-forum verification based on information and belief or upon
shopping. State the effects of failure to submit a non- knowledge, information and belief. The rule is so
forum shopping certificate. Explain. because the Rules require that a pleading is verified
by an affidavit that the pleading and the allegations
A. It depends. A certificate of non-forum therein are true and correct of his personal
shopping is not necessary with respect to the counter knowledge or based on authentic records. (Sec. 4
claim for moral and exemplary damages because the Rule 1997 Rules)
Q. What is forum-shopping? What are the Q. How may a party plead an actionable
sanctions imposed for its violation? (1996 Bar Exams) document?

A. Forum-shopping is the filing of multiple A. The following are the ways of pleading on
petitions, complaints or other initiatory pleadings actionable document:
involving the same issues in the SC, CA or other 1) by setting forth the substance of such
tribunals or agencies, for the purpose of securing a document in the pleading and attaching the
favorable judgment with the result that said courts, original or copy of said document thereto as
tribunals or agencies have to resolve the same annex or
issues. 2) by setting forth said document verbatim in
Any violation thereof shall be a cause for the the pleading (Sec. 7 Rule 8 1997 Rules)
dismissal of the complaint, petition, application or
other initiatory pleading, upon motion and after Q. Dalaodao Restaurant entered into a contract
hearing. However, any clearly, willful and deliberate with Mr. Butch for the latter to deliver vegetables to
forum shopping by any party and his counsel the former. Mr. Butch contacted Malag Vegetables
through the filing of multiple complaints or other Products in order to get the needed vegetables.
initiatory pleadings to obtain favorable action shall However due to low produce of vegetables, Mr. Butch
be a ground for summary dismissal thereof and shall wasnt able to deliver the ordered vegetables. Due to
constitute direct contempt of court. Furthermore, the damages suffered, Dalaodao Restaurant sued Mr.
submission of false certification or non-compliance Butch and Malag Veg. Products and used the contract
with the undertaking therein, shall constitute as basis of the claim. What should the defendants do
indirect contempt of court, without prejudice to in order to resist the claim?
disciplinary proceedings against the counsel and
filing of a criminal action against the guilty party. A. Sec. 8 Rule 8 of the 1997 Rules of Civil
(Sec. 5 Rule 7 1997 Rules) Procedure provides that Whenever an action or
defense is based upon a written instrument or
Q. What is the significance of a counsels document, copied in or attached to the corresponding
signature in a pleading? (1996 Bar Exams) pleading, the genuineness and due execution of the
instrument shall be deemed admitted unless the
A. The signature of counsel constitutes a adverse party under oath, specifically denies them
certificate by him that he has read the pleading; that and sets forth what he claims to be the facts; but the
to the best of his knowledge, information and belief requirement of an oath does not apply when the
there is a good ground to support it; and that it is not adverse party does not appear to be a party to the
interposed for delay. (Sec. 5 Rule 7 of 1997 Rules) instrument or when compliance with an order for an
inspection of the original is refused.
Q. Who must execute the certification against Mr. Butch should specifically deny under
forum shopping? oath the genuineness and due execution of the
contract but such requirement does not apply to
A. The certification against forum shopping must Malag Vegetable Product because it was not a party
be executed by the party and not his counsel. Where to the contract.
there are several plaintiffs or petitioners, the
certification against forum shopping must be signed Q. When may a party be declared in default?
by all of them. (1999 Bar Exams)

Q. The complaint alleged that the defendant acted A. A party may be declared in default when he
in bad faith, arbitrarily, wrongfully, and in violation of fails to answer within the time allowed therefore and
law. However it did not contain any averment of facts upon motion of the claiming party with notice to the
constituting plaintiffs cause of action. Does the defending party, and proof of such failure to answer.
complaint state a cause of action? Explain. (Sec. 3, Rule 9 of the 1997 Rules)
A. No, because it does not state the ultimate
facts constituting the plaintiffs cause of action. The Q. What is the effect of an Order of Default?
allegations that the defendant acted in bad faith, (1999 Bar Exams)
arbitrarily, illegally, wrongfully and in violation of law
are mere conclusions of fact or conclusions of law. A. The effect of an Order of Default is that the
Alternative Answer: court may proceed to render judgment granting the
Yes, if the complaint alleges ultimate facts claimant such relief as his pleading may warrant
and states that the acts were done in bad faith, unless the court in its discretion requires the
arbitrarily, illegally, wrongfully and violation of law. claimant to submit evidence. The party in default
The rule allows malice, intent, knowledge or other cannot take part in the trial but shall be entitled to
condition of mind to be averred generally. (Sec. 5 notice of subsequent proceedings (Sec. 3[A] Rule 9 of
Rule 8 of 1997 Rules) 1997 Rules)
Q. For failure to seasonable file his answer 3) After finality of judgment, there are three
despite due notice, A was declared in default in a case ways to assail the judgment, which are: (a) a
instituted against him by B. The following day, As petition for relief from judgment under Rule
mistress who is working as a clerk in the sala of the 38 on the grounds of fraud, accident,
judge before whom his case is pleading, informed him mistake, excusable negligence; (b) annulment
of the declaration of default. On the same day, A of judgment under Rule 47 for extrinsic fraud
presented a motion under oath to set aside the order or lack of jurisdiction; or (c) certiorari under
of default on the ground that his failure to answer was Rule 65 if the judgment is void on its face or
due to fraud and he has a meritorious defense. by the judicial record.
Thereafter he went abroad. After his return a week
later, with the case still undecided, he received the Q. Mr. X filed a compliant against Mr. Y in the
order declaring him in default. The motion to set aside RTC. Before an answer is served he amended his
default was opposed by B on the ground that it was complaint without leave of court. Can he validly do
filed before A received notice of his having been that?
declared in default, citing the rule that the motion to
set aside may be made at anytime after notice but A. Yes, a party may amend his pleading once as
before judgment. Rule on the motion to set aside order a matter of right at anytime before a responsive
of default. pleading is served or, in the case of a reply, at any
time within ten (10) days after it is served. (Sec. 2
A. Assuming that the motion to set aside Rule 10 1997 Rules). The amendment is a matter of
complies with the other requirements of the rule, it right since no answer was filed and served yet hence
should be granted. Although such a motion may be Mr. X may do the amendment without leave of court.
made after notice but before judgment (Sec. 3 [B]
Rule 9) with more reason it may be filed after Q. How may pleadings be amended?
discovery even before receipt of the order of default.
A. Pleading be amended either by:
Q. What are the available remedies of a party 1) adding or striking out an allegation or the
declared in default? name of any party;
2) correcting a mistake in the name of a party or
(1) Before the rendition of judgment? a mistake or inadequate allegation or
(2) After judgment but before finality? description in any other respect.
(3) After finality of judgment? (1998 Bar Exams)
Q. Angel filed a compliant against Beverly, who
A. The available remedies of a party declared in filed a Motion to Dismiss. May Angel amend her
default are as follows: complaint as a matter of right?

1) Before the rendition of judgment (a) he may A. Yes, because no answer or a responsive
file a motion under oath to set aside the order pleading was filed. A motion to dismiss is not a
of default on the grounds of fraud, accident, responsive pleading.
mistake, excusable negligence and that he
has meritorious defense (Sec. 3 [b] Rule 9 Q. In the problem above, what if Beverly filed an
1997 Rules) and if it is denied, he may move answer and no reply was filed yet, may Beverly
to reconsider, and if reconsideration is amend her answer?
denied, he may file the special civil action of
certiorari for grave abuse of discretion A. Yes, Beverly has the right to amend her
tantamount to lack or excess of the lower answer before a reply. No responsive pleading has
courts jurisdiction. (Sec. 1, Rule 65 Rules of been filed to the answer.
Court) or (b) he may file a petition for
certiorari if he has been illegally declared in Q. When is amendment a matter of privilege?
default e.g. before the expiration of the time to
answer. A. Substantial amendment is a matter of
2) After judgment but before its finality, he may privilege after the case is set for hearing and hence,
file a motion for new trial on the grounds of needs leave of court. This is true even if the
fraud, accident, mistake, excusable amendment does not substantially alter the cause of
negligence or a motion for reconsideration on action or defense. (Sec. 3 Rule 10 1997 Rules)
the ground of excessive damages, insufficient
evidence or the decision or final order being Q. When may leave of court to amend the
contrary to law (Sec. 2 Rule 37 1997 Rule of complaint be refused?
Civil Procedure). If the motion is denied,
appeal is available under Rule 40 or 41 A. Leave of court to amend the pleading may be
whichever is applicable. refused if:
1) the motion is made to delay the action, Q. What are amended and supplemental
2) the cause of action or defense is substantially pleadings?
altered.
A. An amended pleading is one which
Q. What are the kinds of amendment? incorporates facts, circumstances or occurrences
Distinguish. that constitute the cause or causes of action or
defenses already in existence at the filing of the
A. The kinds of amendments are (1) formal original pleading and which were not included either
amendments and (2) substantial amendments. because the same were merely overlooked or then not
Formal amendments are those which affect known.
the form of the pleading such as clerical or A supplemental pleading refers to one that
typographical errors, not the substantial rights of the incorporates new facts, occurrences, circumstances
parties. Whereas substantial amendments are those that constitute a new cause of action or defense
that strike at the very essence of the partys claim or which only happen after the filing of the original
defense and are consequently prejudicial to the other pleading.
party.
Q. Ana filed a complaint for sum of money against
Q. The plaintiff filed an amended complaint in a Bea in the amount of P500,000 stating that of the P1M
civil case. Will the amendment be barred if after the obligation of the defendant, Bea had already paid
filing of the complaint and before the filing of the P500,000. Later on Ana filed an amended complaint
amendment, the period of prescription concerning the stating that Bea has not paid her obligations. State the
cause of action as to which the amendment was, had effects of the filing of the amended complaint.
expired? Explain.
A. Sec. 8 Rule 10 of the 1997 Rules of Civil
A. Yes, the rule permits a party to amend his Procedure provides that An amended pleading
compliant to incorporate a cause of action already in supersedes the pleading that it amends. However,
existence at the filing of the original pleading. In the admissions in superseded pleadings may be received
case at bar, after the plaintiff filed his complaint, the in evidence against the pleader; and claim or
cause of action subject matter of the amended defenses alleged therein not incorporated in the
complaint was already barred by prescription. A amended pleading shall be deemed waived. The
cause of action already barred by prescription can no amended pleading is an admission by Ana that Bea
longer be ventilated in a court of law. had paid P500,000 which Bea can use as evidence
against Ana.
Q. Aubrey filed a case against Malou. At the trial,
Malou presented evidence changing his defense Q. Distinguish amended pleading from
without prior amendment of his pleadings. Discuss the supplemental pleading.
validity of the same.
A. A supplemental pleading does not extinguish
A. Malou can do it even without amending his the existence of the original pleading, while an
answer. It may be pointed out that under Sec.5 Rule amended pleading takes the place of the original
10 of 1997 Rules of Civil Procedure, such pleading. A supplemental pleading exists side by side
amendment of the pleadings as may be necessary to with the original, it does not replace that which it
cause them to conform to evidence and to raise these supplements; it does not supersede the original
issues may be made upon motion of any party at any pleading and the issues joined under the original
time, even if after judgment; but failure to amend pleading remain as issues to be tried in the action. A
does not affect the result of the trial of these issues. supplemental pleading supplies the deficiencies in
aid of an original pleading, not to entirely substitute
Q. Give the limitations on the right to amend the latter. (Sps Caoili vs. CA 14 1999)
pleadings.
Q. Within what period should an answer be filed?
A. The limitations in amending pleadings are the
following: A. The defendant shall file his answer to the
1) it cannot change substantially the cause of complaint within fifteen (15) days after service of
action or defense or theory summons, unless a different period is fixed by the
2) it cannot alter a final judgment on a court. (Sec. 1 Rule 11 of 1997 Rules)
substantial matter Where the defendant is a foreign private
3) it cannot confer jurisdiction juridical entity and service of summons is made on
4) it cannot cure a premature or non-existing the government official designated by law to receive
cause of action the same, the answer is to be filed within thirty (30)
5) it cannot be used to delay proceedings. days after receipt of summons by such entity. (Sec. 2
Rule 11 Rules)
Q. Within what period may an answer to an Q. Defendant failed to answer a supplemental
amended complaint be filed? complaint, may he be declared in default? What is the
period to answer supplemental complaint?
A. Where the plaintiff files an amended
complaint as a matter of right, the defendant shall A. Sec. 7 of Rule 11 of 1997 Rules provides that
answer the same within fifteen (15) days after being A supplemental complaint may be answered within
served with a copy thereof. 10 days from notice of the order admitting the same,
Where its filing is not a matter of right, the unless a different period is fixed by the court. The
defendant shall answer the amended complaint answer to the complaint shall serve as the answer to
within ten (10) days from notice of the order the supplemental complaint if no new or
admitting the same. An answer earlier filed may serve supplemental answer is filed.
as the answer to the amended complaint if no new
answer is filed. (Sec. 3 Rule 11 1997 Rules) Q. How may a counter claim or cross-claim which
a party failed to allege be pleaded?
Q. Ara filed a sum of money case against Tracy.
Ara amended her complaint with leave of court which A. When a pleader fails to set up a counter claim
was granted. Tracy failed to file an answer to the or a cross-claim through oversight, inadvertence or
amended complaint. May she be declared in default? excusable neglect, or when justice requires, he may,
by leave of court set up the counter claim or cross-
A. No, although the defendant is given 10 days claim by amendment before judgment.
to answer, Sec. 3 Rule 11 of 1997 Rules of Civil
Procedure provides that An answer earlier filed may Q. Maui sued Rica to recover P300, 000.00
serve as the answer to the amended complaint if no representing unpaid obligation of defendant for office
new answer is filed. Tracy had already filed an equipment purchased from plaintiff. Considering that
answer hence cannot be declared in default. Rica cannot determine exactly how come she still had
such obligation, what procedural step must she take to
Q. Is extension of time to plead allowable? protect her interest?

A. Yes upon motion and such terms as may be A. Rica must file a motion for a bill of particulars
just, the court may extend the time to plead, (Sec. 11 within ten (10) days after service of summons and a
Rule11 1997 Rules), provided that the motion for copy of the complaint to her, for a more definite
extension of time to plead is filed before the lapse of statement regarding the particulars of this P300,
the period; otherwise, there is nothing more to 000.00 obligation.
extend.
Q. What is the concept of a bill of particulars?
Q. What is the period to answer a counter claim or
cross-claim? What is the purpose? A. A bill of particulars is a detailed explanation
respecting any matter which is not averred with
A. A counter claim or cross claim should be sufficient definiteness or particularity in the
answered within 10 days from service. (Sec. 4 Rule complaint so as to enable a party to properly prepare
11 of 1997 Rules). Counter claim or cross-claim is his responsive pleading or to prepare for trial.
never considered as defense but as a counter-action The bill of particulars is filed by the plaintiff
or cross-action. pursuant to an order of the court issued upon
There can be default except if the counter granting a motion for a bill of particulars filed by the
claim is compulsory. defendant before the latter files his answer. In this
motion the defendant prays for a more definite
Q. What is the period to reply? Is it mandatory? statement of matters which are not averred with
sufficient definiteness in the complaint.
A. A reply may be filed within 10 days from
service of the pleading responded to. (Sec. 6 Rule 11 Q. What is the effect of the filing of a bill of
1997 Rules) It is optional because if there is no reply particulars?
the party is deemed to have controverted all the new
matters called in the answer except when the answer A. A seasonable motion for a bill of particulars
is based on an actionable document. interrupts the period within which to answer. After
service of the bill of particulars or of a more definite
Q. Defendant failed to file an answer within the pleading, or after notice of denial of his motion, the
prescriptive period, what must he do if he was not yet moving party shall have the same time to serve his
declared in default? responsive pleading, if any is permitted by the rules,
as that to which he was entitled at the time of serving
A. A motion for leave to admit answer should be his motion, but no less than five (5) days in any
filed and the answer should be attached to it. event. (Sec. 5 Rule 12 1997 Rules)
Q. What should a party do if a motion for bill of If no ground for dismissal is found it shall
particulars is granted? forthwith issue summons which shall state that the
summary procedure under this Rule applies.
A. Sec. 3 Rule 12 of 1997 Rules of Civil
Procedure provides that if the motion for bill of Q. A complaint for forcible entry was filed by
particulars is granted, in whole or in part, the Miss SG against Mr. X and Mr. Y before the MTCC of
compliance therewith must be effected with ten (10) B.C. Mr X and Mr Y filed with the MTCC of Baguio
days from notice of the order, unless a different City an urgent motion for extension of time to file an
period is fixed by the court. answer which was denied on the ground that it was
a prohibited pleading under the rule on summary
Q. What is the effect of non-compliance with the procedure. More than 10 days from receipt of
order to file bill of particulars? summons petitioner submitted an urgent motion
praying for the admission of their answer, which was
A. If the order to file a bill of particulars is not attached thereto. Rule on the motion.
obeyed or in case of insufficient compliance
therewith, the court may order the striking out of the A. I will deny the motion. The Rule on Summary
pleading or the portions thereof to which the order Procedure, in particular, was promulgated for the
was directed or make such other order as it deems purpose of achieving an expeditious and inexpensive
just. (Sec. 4 Rule 12 1997 Rules) determination of cases. For this reason, the rule
frowns upon delays and prohibits altogether the filing
Q. How should the bill of particulars be filed? of motions for extension of time. Consistent with this
reasoning is Sec 6 of the Rule which allows the trial
A. It may be filed either in a separate or in an court to render judgment, even motu proprio, upon
amended pleading, serving a copy thereof on the the failure of a defendant to file an answer within the
adverse party. (Sec. 3 Rule 12 of 1997 Rules) reglementary period.
The filing of an answer within the reglementary
PRELIMINARY CONFERENCE AND APPEARANCES period is mandatory and non extendible. The word
OF THE PARTIES shall underscores the mandatory character of the
Rule. Giving the provisions, a directory application
Q. What action shall the court take upon the filing would subvert the nature of the rule on Summary
of a civil or criminal action? Procedure and defeat its objective of expediting the
adjudication of suits. To admit a late answer is to put
A. Upon the filing of a civil or criminal action, premium on dilatory manners.
the court shall issue an order declaring whether or
not the case shall be governed by this Rule. A Q. What are the reglementary periods within
patently erroneous determination to avoid the which answers must be filed?
application of the Rule on Summary procedure is a
ground for disciplinary action. A. Within ten (10) days from service of
summons, the defendant shall file his answer to the
Q. What pleadings are allowed under the rules complaint and serve a copy thereof on the plaintiff.
on summary procedure? The answers to counterclaims or cross-claims shall
be filed and served within 10 days from service of the
A. The only pleadings allowed to be filed are the answers in which they are pleaded. (Sec 5)
complaints, compulsory counterclaims and cross-
claims pleaded on the answer, and the answers Q. May defenses be waived under the Rule on
thereto. All pleadings shall be verified. Summary Procedure?

Q. Suppose the court has determined that the A. Yes. Affirmative and negative defenses are
case falls under the rule on summary procedure, can it deemed waived if not pleaded in the answer; except
dismiss the case outright on any ground apparent lack of jurisdiction over the subject matter.
there from for the dismissal of a civil action? ***Cross-claims and compulsory counterclaims
are deemed barred if not pleaded.
A. Yes. Sec.4 of the Revised Rule on Summary
Procedure provides that after the court determines Q. What are the effects of non- appearance of
that the case falls under summary procedure, it may parties during preliminary conference.
from an examination of the allegations therein and
such evidence as may be attached thereto, dismiss A. Preliminary conference shall be held not later
the case outright on any of the grounds apparent than 30 days after the filing of the last answer.
there from for the dismissal of a civil action. ***If plaintiff fails to appear, the case can be
dismissed.
***If defendant appears while plaintiff did not, the A. Motion for reconsideration is allowed. The
defendant shall be entitled to judgment on his Rule on Summary Procedure applies only in cases
counterclaim. All cross-claims shall be dismissed. filed before the MTC pursuant to Sec 26 of BP 129.
***If sole defendant fails to appear, the plaintiff Summary procedures have no application to cases
shall be entitled to judgment as may be warranted by before the RTC. Hence, when the respondents
the allegations in the complaint and evidence. In appealed the decision of the MTC to the RTC, the
Lesaca vs. CA 21 Oct 1992, it was held that failure of applicable rules are those of the latter court. Hence a
defendant to appear at the preliminary conference is motion for reconsideration of the decision of the RTC
not a ground for judgment by default. is available. (Jakihaka vs. Aquino 12 Jan 1990)
***The rule does not apply if there are two or more
defendants who were sued under a common cause KATARUNGANG PAMBARANGAY
and have a common defense.
Q. What is the object of Katarungang
Q. What is the duty of the court, in criminal cases Pambarangay Law? (1999 Bar Examination)
covered by Rule on Summary Procedure if the case is
commenced by complaint? Or by information? A. The object of the Katarungang Pambarangay
Law is to effect an amicable settlement of disputes
A. On the basis of the complaint and the among family and barangay members at the
affidavits and other evidence accompanying the barangay level without judicial recourse
same, the court may dismiss the case outright for and consequently help relieve the courts of docket
being patently without basis or merit and order the congestion. Compliance therewith is a condition
release of the accused if in custody. precedent to the filing of a complaint or information
When the case is commenced by information, or in court or before the Prosecutors office and its
is not dismissed pursuant to the next preceding absence is a ground for dismissal of the
paragraph, the court shall issue an order which complaint for pre maturity or absence of cause of
together with copies of the affidavits and other action.
evidence submitted by the prosecution, shall require
the accused to submit his counter-affidavit and the CASES COVERED
affidavits of his witnesses as well as any evidence in
his behalf serving copies thereof on the complainant Q. What are the cases over which the Barangay
or prosecutor not later than 10 days from receipt of Lupon may take cognizance of? Exceptions?
such order. The prosecution may file reply affidavits
within ten (10) days after receipt of the counter A. The Barangay Lupon shall have authority to
affidavits of the defense. bring together the parties actually residing in the
same municipality or city for amicable settlement of
Q. In pre-trial of criminal cases, there are all disputes except:
admissions made by the accused. Are they admissible 1) When one party is the government or any
against him? subdivision or instrumentality thereof;
2) Where one party is a public officer or
A. It depends. In pre-trial conference, no employee, and the dispute relates to the
admission of the accused can be used against him performance of his official functions.
unless put to writing and signed by the accused and 3) Offenses punishable by imprisonment
his counsel. A refusal or failure to stipulate shall not exceeding one (1) year or a fine exceeding Five
prejudice the accused. Thousand Pesos(P5,000).
4) Offenses where there is no private offended
Q. When may the court order the arrest of the party.
accused? 5) Where the dispute involves real properties
located in different cities or municipalities
A. The court shall not order the arrest of the unless the parties thereto agree to submit
accused except for failure to appear whenever their differences to amicable settlement by an
required. Release of the person arrested shall either appropriate lupon.
be on bail or recognizance by a responsible citizen 6) Disputes involving parties who actually reside
acceptable to the court. in barangays of different cities or
municipalities, except where such barangay
Q. In an ejectment case which was covered by the units adjoin each other and the parties
Rule on Summary Procedure, defendant lost in the thereto agree to submit their differences to
MTC. He appealed to the RTC which affirmed the amicable settlement by an appropriate lupon .
decision. Defendant filed a motionfor reconsideration 7) Such classes of disputes which the President
which was objected by the plaintiff on the ground that may determine in the interest of justice or
motion for reconsideration is a prohibited motion under upon the recommendation of the Sec. Of
the Rules on Summary Procedure. Rule on the motion. Justice.
8) Any complaint by or against corporations, WHEN PARTIES MAY DIRECTLY GO TO COURT
partnerships or juridical entities. The reason
is that only individuals shall be parties to Q. In a case, two parties are residents of the
barangay conciliation proceedings. same municipality but others are residents of different
9) Labor disputes or controversies arising from municipalities. Is there a need for prior barangay
employer-employee relationship. conciliation? Why?
10) Actions to annul judgments upon a
compromise which can be filed directly in A. No more. In Candido vs. Macapagal, 221 S
court. (Sec.408 RA 7160) 328, it was said that the fact that petitioner Candido
and respondent Contreras are residents of the same
SUBJECT MATTER FOR AMICABLE SETTLEMENT municipality will not justify compulsory conciliation
under PD 7160, it appears that other respondents
Q. A collection for sum of money case (P400,000) are residents of different municipalities. Petitioners
was filed by Mr. X against Mr. Y, both residents of can file the case directly in court without resorting to
Baguio City, at the RTC of Baguio City. Mr. Y filed a barangay conciliation.
motion to dismiss alleging that since they are
residents of the same city, the case should be first EXECUTION
resolved by the Barangay Lupon, hence the case is
prematurely filed and should be dismiss for lack of Q. When may objections to venue be raised?
cause of action. Mr. X objected to the motion
contending that the case is beyond the Barangay A. Objections to venue shall be raised in the
Lupons jurisdiction. Only those cases cognizable by mediation proceedings before the punong barangay;
the First level courtst should go to the Barangay Lupon otherwise, the same shall be deemed waived. Any
for conciliation as to do otherwise will divest the RTC legal question which may confront the punong
of its jurisdiction. Is Mr. Xs contention meritorious? barangay in resolving objections to venue herein
referred to may be submitted to the Secretary of
A. No. Mr. Xs contention is not meritorious Justice or his duly designated representative whose
because the lupon of each barangay shall have ruling thereon shall be binding.
authority to bring together the parties actually
residing in the same municipality or city for amicable Q. Alice filed a complaint for damages against
settlement of ALL disputes. Even if the case is her next-door neighbor Rosa for P100,000 with prayer
within the RTCs jurisdiction, compliance still to the for preliminary attachment. She alleged that Rosa
provision of Sec 408 of RA 7160, is a condition intrigued against her honor by spreading unsavory
precedent for filing an action as long as the parties rumors about her among their co-workers at the
are residents of the same municipality or city. Phoenix knitwear factory located at Valenzuela.
After pre-trial the court muto proprio referred the
VENUE case for amicable settlement between the parties to
the Lupon Tagapamayapa of Brgy. 2 Zone 3 in
Q. What are the rules of venue under the Valenzuela where the factory is located. Rosa
Katarungang Pambarangay Law? questioned the order contending that the court had no
authority to do so as both parties had already gone
A. They are as follows: through pre-trial where amicable settlement was
1) Disputes between persons actually residing in foreclosed and the parties were already going to trial.
the same barangay shall be brought for (1) Comment on Rosas contention. Explain.
amicable settlement before the Lupon of the (2) Rosa also opposed the referral to the Lupon
said barangay. Tagapamayapa of Brgy. 2 Zone 3 claiming that the
2) Those involving actual residents of different venue was wrong as the proper Lupon was that of
barangays where the respondent or any of the Brgy. 1 Zone 5 where she and Alice reside. Is Rosas
respondents actually resides, at the election contention valid? Explain.
of the complainant. (3) Suppose that the Lupon of Brgy 2 Zone 3 is
3) All disputes involving real property or any successful in forgoing an amicable settlement between
interest shall be brought in the barangay Alice and Rosa, is the compromise immediately
where the real property or the larger portion executory? Explain.
thereof is situated. (4) How, when, and by whom shall the
4) Those arising at the workplace where the compromise agreement be enforced? Explain. (1995
contending parties are employed or at the Bar Exams)
institution where such parties are enrolled for
study shall be brought in the barangay where A. Rosa is not correct. The Local Government
such workplace or institution is located. (See Code of 1991 provides that in non-criminal cases not
409 Local Government Code 1991) falling within the authority of the Lupon, the court
may at any time before the trial refer the case to the
Lupon concerned for amicable settlement. (Sec 408 Q. Petitioner Diu filed a complaint against private
RA 7160) respondent Pagba before the Barangay Chairman of
No, because the law also provides that the Naval, Biliran. The Brgy. Chairman set the case for
venue of disputes arising at the workplace of the hearing but private respondent failed to appear. When
contending parties shall be brought in the barangay the case was set again for hearing, the parties
where such workplace is located. (Sec 409[d], RA appeared but they failed to reach an amicable
7160). settlement. Accordingly, the barangay chairman
No, because any compromise settlement shall issued a certification to File Action. Petitioners then
be submitted to the court which referred the case for filed their complaint before the MTC of Naval. Private
approval. Sec. 416, RA 7160). respondent moved to dismiss the complain on the
Upon approval thereof, it shall have the force ground that no Pangkat was convened to settle the
and effect of a judgment of the court and shall be dispute. Rule on the motion.
enforced in accordance with Sec 6 Rule 39, execution
by motion or by independent action. A. The motion should be denied for lack of merit.
The SC held in the case of Diu vs. CA 19 Dec. 1995,
REPUDIATION while no pangkat was constituted it is not denied
that the parties met at the office of the barangay
Q. AB filed a complaint for unlawful detainer chairman for possible settlement. The efforts of the
against AS before the MTC, Baguio City without barangay chairman, however, proved futile as no
referring it first to the barangay Lupon for conciliation. agreement was reached. Although no pangkat was
A motion to dismiss was filed on the ground of failure formed, we believe that there was substantial
to comply with the requirements of conciliation alleging compliance with the law. It is noteworthy that under
that bothparties are residents of Baguio City, although Sec 412 of the Local Government Code, the
the complaint stated that defendant has a postal office confrontation before the lupon chairman or the
address in Baguio City. If you were the judge, rule on pangkat is sufficient compliance with the
the objection. precondition for filing the case in court.

A. I will deny the motion. As ruled by the SC in Q. A compromise agreement between A and B
the case of Boleyley vs. Villanueva 14 Sept. 1999, was entered into in the municipal court in an ejectment
there is no need to comply with the conciliation suit. An action to annul the judgment was filed in the
requirement under the Katarungan Pambarangay RTC which action was being sought to be dismissed
Law in the absence of showing in the complaint that for failure of the plaintiff to resort to barangay
the parties reside in the same city or municipality. conciliation. Is the contention correct? Why?
Plaintiffs complaint should have alleged defendants
actual residence, not his postal address. The A. No. It cannot be dismissed on the ground of
allegation of defendants actual residence would have pre maturity or failure to resort to barangay
been ideal to determine the venue. In procedural law, conciliation because a compromise is immediately
however, specifically for the purposes of venue, the executory and beyond the Authority of Barangay. An
residence of a person is his personal, actual or administrative body like the lupon cannot overturn
physical habitation or his actual residence or place of the judgment of a court. (Sanchez vs. Tupas, 158
abode, which may not necessarily be his legal SCRA 459).
residence or domicile. The complaint clearly implies
that the parties do not reside in the same city or Q. For failure of the tenant, X to pay rentals, A the
municipality because the postal office address is not court- appointed administrator of the estate of Henry
included in the term residence. Datu, decides to file an action against the former for
the recovery of possession of the leased premises
Q. What is the effect of the conciliation located in Davao City and for the payment of accrued
proceeding on the prescriptive period for offenses and rentals in the total amount of P25,000.
cause of action? Is prior referral to the Lupon necessary? (1991 Bar
Exams)
A. While the dispute is under mediation,
conciliation or arbitration, the prescriptive periods for A: No, because the law applies only to disputes
offenses and causes of action under existing laws between natural persons and does not apply to
shall be interrupted upon filing of the complaint with juridical person such as the estate of a deceased.
the punong barangay. The prescriptive periods shall
resume upon receipt by the complainant of the
certification of repudiation or of the certification to
file action issued by the lupon or pangkat secretary.
But such interruption shall not exceed 60 days from
the filing of the complaint with the punong barangay.

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