Professional Documents
Culture Documents
RULE 18 Pre-trial
RULE 19 Intervention
RULE 21 Subpoena
RULE 14 Summons
no
jurisdiction
(Manchester Devt. Corp. vs CA)
Amount claimed need not be initially
stated with mathematical precision,
i.e. more or less is acceptable (Ng
Soon vs Alday)
Only principal
party shall
sign
certificate of non-forum shopping; for
corporations,
counsel;
provided
1 cause = 1 case
Dismissal for lack of cause of action,
cite Rule 2, not Rule 6
Splitting cause of action when
subject matter is the same for both
cases
Where there is complete and total
breach of a continuous contract for a
term of years, recovery for damages is
bar to another action on same
contract and same breach (Blossom &
Co. vs Manila Gas Corp.)
Joinder of party-defendant outside
jurisdiction no cause of action
(Union Glass vs SEC)
No limitation on stipulation as to
venue, except when it involves
government
(may
even
involve
stipulating judge)
Mortgaged
property
in
different
provinces: court where part of the
property is situated has jurisdiction in
all other provinces for judgment (El
Hogar vs Seva)
Issue of possession Province where
property lies (Espineli vs Santiago)
Residence need not be permanent
(Dela Rosa vs Borja)
Contractual stipulations as to venue
(may) does not waive choice under
Sec. 2(6)
3rd party complaint has to yield to
jurisdiction and venue of main action
(Eastern Assurance vs Cui)
Derivative/secondary claim
3rd party not a party to the action
3rd party claim based on original claim
Contents of
shopping:
certification
against
forum
RULE
8:
MANNER
OF
ALLEGATIONS IN PLEADINGS
MAKING
Ultimate facts:
Essential
facts
constituting
the
plaintiffs cause of action - a fact is
essential if it cannot be stricken out
without leaving the statement of the
cause of action insufficient
Important and substantial facts which
either directly form the basis of the
primary right and duty, or which
However:
(1)
admissions
in
superseded
pleadings
may
be
received in evidence against the
pleader and (2) claims or defenses
alleged therein not incorporated in the
amended pleading shall be deemed
waived
Amended complaint is continuation of
original complaint, prescription will
apply to time of filing of original
complaint (Pangasinan Trans. Vs Phil.
Farming Co.)
Complaint should be amended to cure
defect of party plaintiff after final
decision is
rendered (Cuyugan vs
Dizon)
Amendment of pleading as a matter of
right once anytime before a
responsive pleading is served, or, in
the case of a reply, at anytime within
10 days after it is served
Where some, but not all defendants
have answered, plaintiffs may amend
their complaint once, as a matter of
right, only in respect to non-answering
defendants (Republic vs Africa)
Substantial amendments only by
leave of court
Formal
amendments
clearly
typographical or clerical errors that
may be summarily corrected by the
court at any stage of the action, at its
initiative or on motion
Before an answer or motion to dismiss
has been filed, original complaint is
amenable, which will supersede the
original pleading, without leave of
court required, and without court
taking
cognizance
of
original
complaint (Rosario et al vs Carandang
et al)
Complaint cannot be amended to
confer jurisdiction on court (Rosario et
al vs Carandang et al)
When amendment is no longer a
matter of right, it will not be allowed
When
no
evidence
has
been
presented, only stipulation of facts,
pleadings, may not be amended if
adverse
party
files
a
countermanifestation or objection (MWSS vs
CA)
Supplemental pleadings sets forth
transactions, occurrences or events
which have happened since the date
of the pleading sought to be amended
Supplemental pleadings must be (1)
upon motion of party, (2) upon
reasonable notice and (3) such terms
that are just, and (4) permitted by
court
In supplemental pleadings, nothing is
changed; only supplemented
Proof of service:
By
leaving
copies
at
the
defendants residence with some
person of suitable age and
discretion then residing therein or
By leaving copies at defendants
office or regular place of business
with some competent person in
charge
thereof
Contents of a motion:
Summons;
and
consequently
jurisdiction, may be served on partys
representative/attorney-in-fact in the
Philippines (Gemperle vs Schenker)
In personal actions, personal or
substituted service of summons and
not
extraterritorial
service,
is
necessary to confer jurisdiction (Dial
Corp. vs Soriano)
In actions in personam: where
defendant is nonresident who does not
voluntarily
submit
himself
to
jurisdiction of court personal service
of summons within state (Asiavest
Limited vs CA)
Failure to appear, and not failure to
answer is the ground for default
(Carballo vs Encarnacion)
Motion to intervene
Summary judgment
New trial
Execution pending appeal
Preliminary injunction
Support pendent lite
Approval of administrators account
Authority to sell or encumber
decedents property
3 day notice rule: every written motion
required to be heard and notice of the
hearing thereof shall be received by
the party at least 3 days before the
date of hearing
Exception to 3 day notice rule: Court
for good cause sets the hearing for a
shorter notice
Notice of motion 3 days before
hearing + notice of time and date for
hearing (Republic Planters Bank vs
IAC)
Other than the motions specified,
discretion either to ex parte resolve or
call the parties to hearing is
discretionary on court (Azajor vs CA)