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CIVIL PROCEDURE RULES 5-10

Agustin vs. Bacalang


Rule 5 Uniform Procedure in Trial Courts
A court (if MTC) has no jurisdiction to hear and determine a set-off or
1. The procedure in the MTCs shall be the same as that in the RTC. counterclaim in excess of its jurisdiction. A counterclaim beyond the
courts jurisdiction may only be pleaded by way of defense, the purpose of
2. Uniform Procedure shall NOT be applicable:
which is to defeat or weaken the plaintiffs claim, but NOT to obtain
1. Where a particular provision expressly or impliedly applies only to either of said affirmative relief. MOREOVER, the amount of judgment obtained by the
courts. defendant on appeal cannot exceed the jurisdiction of the court in which the
2. In civil cases governed by the Rule on Summary Procedure. action began. Since the trial court did not acquire jurisdiction over the
counterclaim in excess of the jurisdictional amount, the appellate court
Rule 6 Kinds of Pleadings likewise did not have jurisdiction over the same. In such a case, the award in
excess of the jurisdiction of the trial court is void.
1. Negative Defense specific denial of the material fact or facts alleged in
the pleading of the claimant essential to his cause of action. Calo vs. Ajax
2. Affirmative defense an allegation of a new matter which, while A counterclaim, even if otherwise compulsory, but amount exceeds the
hypothetically admitting the material allegations in the pleading of the jurisdiction of the inferior court, will only be considered permissive. Hence,
claimant, would nevertheless prevent or bar recovery by him. Includes: fact that it is not set-up in the inferior court will not bar plaintiff from
instituting a separate action to prosecute it.
1. Fraud
2. Statute of limitations Rule 7 Parts of a Pleading
3. Release
4. Payment 1. 1. Formal Requirements of Pleadings:
5. Illegality 2. 2. Signature of the lawyer constitutes a certification by him that:
6. Statue of frauds 1. Caption
7. Estoppel 2. Title
8. Former recovery 3. Body divided into headings and paragraphs
9. Discharge in bankruptcy 4. Body divided into headings and paragraphs
10. Any other matter by way of confession or avoidance. 5. Signature and address
6. Verification in some cases
3. Compulsory counterclaim Requisites: 1. He has read pleading
2. To the best of his knowledge, information, and belief, there is good ground to
1. Arises out of or is necessarily connected with the transaction or occurrence which support it
is the subject matter of the opposing partys claim; 3. It is not interposed for delay.
2. Does not require for its adjudication the presence of 3rd parties of whom the court
cannot acquire jurisdiction; and 3. How a Pleading is Verified: By an affidavit stating that
3. Must be within the jurisdiction of the court both as to the nature and the
amount, except that in an ORIGINAL action in the RTC, the counterclaim may be 1. Affiant (person verifying) has read the pleading
considered regardless of the amount.
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CIVIL PROCEDURE RULES 5-10
2. Allegations therein are true and correct as of his personal knowledge or based on 25. Answer to written interrogatories (25.2)
authentic records. (SC Circular 48-2000, effective May 1, 2000) 26. Answer to request for admission (26.2)
27. Notice of appeal from administrative tribunals to the CA
4. A pleading required to be verified which:
6. Supporting affidavits of merit required:
1. Contains a verification based on information and belief, OR
2. Contains a verification based on knowledge, information and belief, OR 1. Motion to postpone for absence of evidence (30.3)
3. Lacks a proper verification 2. Motion to postpone for illness of a party or counsel (30.4)
3. Motion for summary judgment or opposition thereto (35.1,2,3,5)
Shall be treated as an unsigned pleading. 4. Motion for new trial on the ground of FAME or opposition thereto (37.2)
1. 5. What pleadings have to be verified: 5. Petition for relief from judgment (38.3)
1. Petition for relief from judgment (38.3) 6. Third-party claim (39.16)
2. Appeal by certiorari from CA to SC (45.1) 7. Proof required of a redemptioner (39.30)
3. Complaint with prayer for preliminary attachment (57. 3) 8. Motion for preliminary attachment (57.3)
4. Complaint for injunction (58.4) 9. Motion for dissolution of preliminary injunction (58.6)
5. Complaint for replevin (60.2) 10. Application for writ of replevin (60.2)
6. Petition for certiorari (65.1) 11. Claim against the estate of the decedent (86.9)
7. Petition for prohibition (65.2) 12. Motion for new trial based on newly discovered evidence in criminal cases
(121.4)
8. Petition for mandamus (65.3)
9. Complaint for forcible entry or unlawful detainer (70.4) 7. Certification against Forum-Shopping: Plaintiff or principal party shall
10. Petition for appointment of general guardian (93.2) certify under oath in the complaint or other initiatory pleading or in a sworn
11. Petition for leave to sell or encumber property of estate or guardian (95.1) certification annexed and filed therewith:
12. Petition for declaration of competency of the ward (97.1)
13. Petition for habeas corpus (102.3) 1. That he has not commenced any action or filed any claim involving the same
14. Petition for change of name (103.2) issues in any court, tribunal or quasi-judicial agency; to the best of his knowledge
15. Petition for voluntary dissolution of a corporation (104.1) no such other claim or action pending;
16. Petition for cancellation or correction of entries in the civil registry (108.1) 2. If there is such other pending action, a complete statement of the present status
17. Petition to take deposition in perpetuam rei memoriam (before action or pending thereof;
appeal) (24.2) 3. If he should thereafter learn that same or similar action or claim is filed or
18. Motion to set aside a default order of an inferior court pending, he shall report the same within 5 days therefrom to the court where he
filed his complaint.
19. Motion for dissolution of preliminary injunction on the ground of irreparable
damage to the movant while the adverse party can be fully compensated NOTE: FAILURE TO COMPLY NOT CURABLE BY MERE
20. Petition for appointment of receiver AMENDMENT OF THE COMPLAINT OR PLEADING BUT SHALL BE
21. Petition for review of the decision of an RTC in cases within the exclusive CAUSE FOR DISMISSAL OF THE CASE WITHOUT PREJUDICE; IF
original jurisdiction of the inferior court, by and elevated to the CA.
THE ACTS OF PARTY OR COUNSEL CLEARLY CONSTITUTE
22. Pleadings that need not be verified but must be under oath:
WILLFUL & DELIBERATE FORUM SHOPPING, GROUND FOR
23. Denial of the genuineness and due execution of an actionable document (8.8)
24. Denial of allegations of usury (8.11)
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CIVIL PROCEDURE RULES 5-10
SUMMARY DISMISSAL WITH PREJUDICE AND CONSTITUTE 2. Was in words and figures as set out at the time it was signed
DIRECT CONTEMPT. 3. Document was delivered
4. Any formal requisites required by law which it lacks are waived by him
For Forum-Shopping to exist, there must be:
The following defenses are cut-off by admission of genuineness and due
1. Same transactions involved; execution of the document:
1. Same essential facts and circumstances; and
2. Actions raise identical cause of action, subject matter, and issues. 1. Signature is a forgery
2. Signature is unauthorized
Rule 8 Manner of Making Allegations in Pleadings 3. Corporation is not authorized under its charter to sign the instrument
1. Party charged signed the instrument in some other capacity than that alleged in the
1. Allegations of capacity pleading setting it out
1. Capacity of party to sue or be sued or the authority of a party to sue or be sued in 2. Document was never delivered.
a representative capacity or the legal existence of an organized association that is 3. 4. Specific Denial
made a party must be averred; 1. Defendant must specify each material allegation of fact the truth of which he does
2. To raise an issue as to the legal existence of a party or the capacity of a party in a not admit;
representative capacity, do so by specific denial, including such supporting 2. Defendant must set forth the substance of the matters upon which he relies to
particulars as are peculiarly within the pleaders knowledge. support his denial, whenever practicable;
3. If denying only part of an averment, he shall specify so much of it as is true and
2. Action or defense based on document material and shall deny the remainder;
4. If defendant does not have knowledge or information sufficient to form a belief as
1. Substance of such document set forth in the pleading; to the truth of a material averment, he shall so state and this has effect of denial.
2. Original or copy attached to the pleading as exhibit and deemed to be part of the
pleading; OR Negative pregnant a denial which at the same time involves an
3. Copy may be set forth in the pleading with like effect. admission of the substantial facts in the pleading responded to.
1. 3. How to contest actionable document: Genuineness and due execution of
instrument deemed admitted unless adverse party: 5. Allegations not specifically denied, other than those as to amount of
1. Specifically denies them under oath; unliquidated damages deemed admitted.
2. Sets forth what he claims to be the facts.
Rule 9 Effect of Failure to Plead
Requirement of an oath does NOT apply:
1. General Rule: Defenses and objections not pleaded in answer or motion to
1. When diverse party does not appear to be a party to the instrument; or dismiss are deemed waived (Omnibus Motion Rule).
2. When compliance with an order for an inspection of the original instrument is
refused. Exception: Court shall dismiss the claim, even without allegation in answer
or motion to dismiss, if any of the following appear from the pleadings or the
Admission of genuineness and due execution: evidence on record:

1. Party whose signature appears admits that he signed it, or that it was signed by 1. Lack of jurisdiction over the subject matter;
another with his authority 2. Litis pendentia between same parties for the same cause;
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CIVIL PROCEDURE RULES 5-10
3. Res judicata
4. Action barred by statute of limitations.
1. 2. Declaration of Default Refers to facts existing at the time of the Refers to facts arising after the filing of
1. Defendant entitled to notice of motion to declare him in default and of order of commencement of the action the original pleading
default;
Results in the withdrawal of the original Merely an addition, and does NOT result
2. Motion to set aside order of default may be filed after notice and before judgment;
pleading in the withdrawal of, the original pleading
3. Party may make motion, under oath, to set aside order of default upon proper
showing that failure to answer was due to FAME; Can sometimes be made as a matter of Always filed with leave of court
4. Effect of order of default party in default entitled to notice of subsequent right
proceedings but not to take part in trial;
5. Partial default if several defending parties and not all in default, the court shall
try the case against all upon the answers thus filed and evidence presented;
6. After declaration of default, court may render judgment on the basis of the
complaint or require claimant to submit evidence;
7. Judgment against party in default shall not exceed the amount or differ in kind
from that prayed for nor award unliquidated damages;
8. No defaults in action for annulment or declaration of nullity of marriage or for
legal separation.

Rule 10 Amended and Supplemental Pleadings

1. Amendments of pleadings may be made once as a matter of right:

1. At any time before responsive pleading is served


2. In the case of a reply, anytime within 10 days after service.

Plaintiff may amend complaint as a matter of right even after defendant


files a Motion to Dismiss, since the same is not a responsive pleading.

1. 2. Substantial amendments may be made only with leave of court, except as


provided above.
2. 3. An amended pleading supersedes the pleading that it amends but admissions
in superseded pleadings may be received in evidence against the pleader. (NOT
judicial admissions anymore; thus, must be formally offered)
3. 4. Claims and defenses alleged in original but not incorporated in the amended
pleading shall be deemed waived.

5. Amended and Supplemental pleadings distinguished:

Amended Supplemental
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