1. a. An actionable document refers to the action or defense which is based upon a written instrument or document. b.

When the action is founded upon a document pleaded in the manner required by Sec. 7 of Rule 8, the party who has no intent of admitting the genuineness and due execution of the document, must contest the same by specifically denying the genuineness and due execution of the document under oath and setting forth what he claims to be the facts. c. A mere specific denial of the actionable document is insufficient. The denial must be coupled with an oath. In usage, this means that the denial must be verified. The absence of an oath will result in the implied admission of the due execution and genuineness of the document. d. where a case has been tried in complete disregard of the rule and the plaintiff having pleaded a document by copy, presents oral evidence to prove the due execution of the document as well as the agent's authority and no objections are made to the defendant's evidence in refutation, the rule will be considered waived. 2. The following are nevertheless not deemed admitted even if not denied: a. the amount of unliquidated damages; b. conclusions in the pleading which do not have to be denied at all because only ultimate facts need be alleged in a pleading; and c. non-material averments or allegations. 3. a. defenses and objections not pleaded either in a motion to dismiss or in the answer are deemed waived. b. Exceptions: 1) when it appears from the pleadings or the evidence on record that the court has no jurisdiction over the subject matter; 2) that there is another action pending between the same parties for the same cause; 3) that the action is barred by a prior judgment or by statute of limitations. 4. a. A compulsory counterclaim if not set up in an answer shall be barred. b. No. Permissive counterclaim shall not be barred even if it is not set up in an answer because it does not arise out of nor necessarily connected with the subject matter of the opposing partys claim. 5. a. if the defending party fails to answer within the time allowed therefor, the court shall, upon motion of the claiming party with notice to the defending party, and proof of such failure, declare the defending party in default. b. The court has no authority to motu proprio declare the defendant in default. The rule is clear. It must be filed by the claiming party before the court can declare the defendant in default. 6. a. party in default entitled to notice of subsequent proceedings but not to take part in trial;

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; b. cannot take part in trial. c. Party may make motion, under oath, to set aside order of default upon proper showing that failure to answer was due to FAME; Motion to set aside order of default may be filed after notice and before judgment; 7. No defaults in action for annulment or declaration of nullity of marriage or for legal separation. 8. a. Amendments of pleadings may be made once as a matter of right: - At any time before responsive pleading is served - In the case of a reply, anytime within 10 days a+fter 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. b. Substantial amendments may be made only with leave of court, except as provided above. c. Substantial amendments may be refused if it appears to the court that the motion was made with intent to delay. Sec. 3. 9. a defect in the designation of the parties and other clearly clerical or typographical errors may be summarily corrected by the court at any stage of the action, at its initiative or on motion, provided no prejudice is caused thereby to the adverse party. 10. Serving another summons in an amended complaint is not anymore necessary even if new causes of action are alleged in the complaint before the defendant filed an answer as long as it is in consonance with the object of the Rules of Court to assist the parties in obtaining just, speedy and inexpensive determination of every action and proceeding. And, courts jurisdiction continues until the case is finally terminated once it is acquired. 11.a. when issues not raise in the pleadings are tried with the express or implied consent of the parties, they shall be treated in all respect as they had been raised in the pleadings. b. The court may allow the pleadings to be amended and shall do so with liberality if the presentation of the merits of the action and the ends of substantial justice will be subserved thereby. c. If no amendment is filed in order that the pleadings or issues raised will conform to the evidence presented, the court can still resolve the issue because it is as if they had been raised in the pleadings.

12. AMENDED -Refers to facts existing at the time of the commencement of the action; -Results in the withdrawal of the original pleading; -Can sometimes be made as a matter of right. SUPPLEMENTAL -Refers to facts arising after the filing of the original pleading; -Merely an addition, and does NOT result in the withdrawal of, the original pleading; -Always filed with leave of court. 13. An amended pleading supersedes the pleading that it amends but admissions in superseded pleadings may be received in evidence against the pleader. 14. No. The pleader cannot change his cause of action in a supplemental pleading because as its very name denotes that it only serves to bolster or add something to the primary pleading. It exists side by side with the original. It does not replace that which it supplements. 15. a. Answer to complaint 15 days from service, unless different period fixed by the courts. Answer to 3rd party complaint 15 days from service. Answer to amended complaint if amended as a matter of right, 15 days from being served with copy thereof. b. Answer to amended complaint if not as a matter of right, 10 days from notice of order admitting the same. Answer to counterclaim or cross-claim within 10 days from service. c. Answer to amended complaint if amended as a matter of right, 15 days from being served with copy thereof. d. Answer of defendant foreign private juridical entity when service of summons is

made on the government official designated by law, answer to be filed within 30 days from receipt of summons by such entity. 16. defendant may, by leave of court, set up the counterclaim or cross-claim by amendment before judgment. See Sec. 10, Rule 11, Rules of court. 17. If the defendant could not file the necessary answer within the period fixed by the rules, he may move for extension of time to file an answer with the court. 18. a. Bill of particulars is a motion which seeks an order from the court directing the pleader to clarify the allegations in the pleading so an adverse party may be informed with certainty of the exact character of the cause of action or a defense. b. The defendant cannot file a motion to dismiss on the ground that the complaint is vague or indefinite so long as the allegations in the complaint make out a cause of action. The defendant should file a motion for bill of particulars. 19. a. The filing of a motion for bill of particulars renders the running of the reglementary period to answer suspended. b. If the order is not obeyed, or in case of insufficient compliance therewith, the court may order the striking out of the pleading or the portions thereof to which the order was directed or make such other order as it deems just. 20. A motion for bill of particulars which does not comply with the requirement for a litigated motion renders the motion defective and will not suspend the running of the period within which to file answer. Hence, the prior orders of the court remain as is. 21. Filing is the act of presenting the pleading or other paper to the clerk of court. Service is the act of providing a party with a copy of the pleading or paper concerned. 22. a. The following are the modes of filing, to wit: 1) by presenting the original copy of the pleading, notice, appearance, motion, order or judgment personally to the clerk of court; and 2) by registered mail. b. There are two modes of service of pleadings, motions, notices, orders, judgments or other papers: 1)personally; and 2) by mail. However, if personal service and service by mail cannot be made, service shall be done by substituted service. 23. a. Personal service is effected by delivering personally a copy to the party or his counsel, or by leaving it in his office with his clerk or with a person having charge thereof. b. Upon receipt by the addressee of the service will be considered as the date of the filing in registered mail.

c. The established rule is that the date of delivery of pleadings to a private letter-forwarding agency is not to be considered as the date of filing thereof in court, and that in such cases, the date of actual receipt by the court, and not the date of delivery to the private carrier, is deemed the date of filing of that pleading. 24. Substituted service is effected by delivering the copy to the clerk of court, with proof of failure of both personal service and service by mail. 25. When a party summoned by publication, the judgments shall also be served upon him by publication, if he has failed to appear in the action. 26. a. Personal service is complete upon actual delivery of the service. b. Service by registered mail is complete upon actual receipt by the addressee, or after 5 days from the date he received the first notice of the postmaster, whichever is earlier. c. Service by ordinary mail is complete upon the expiration of 10 days after mailing, unless the court otherwise provides. 27. a. Lis pendens is that legal process is a suit regarding land which amounts to a legal notice to all the world that there is a dispute as to the title of the same. b. It is available in an action affecting the title or the right of possession of real property, the plaintiff and the defendant, when affirmative relief is claimed in his answer. c. The subject property cannot be the subject of sale, lien or encumbrances until finally resolved by the court. d. The notice of lis pendens may be cancelled only upon order of the court, after proper showing that the notice is for the purpose of molesting the adverse party, or that it is not necessary to protect the rights of the party who caused it to be recorded. 28. a. Summons is a writ or process issued and served upon a defendant in a civil action for the purpose of accuring his appearance therein. (ballentine's law dictionary 2nd edition page 1250) b. Summons may be served by: 1) Service in person on defendant; 2) Substituted b. b.Summons may be served by: 1) Service in person on defendant; 2) Substitutedservice of summons; and 3) publication. c. 1) Service in person of defendant is effected by handing a copy of the summons to the defendant in person, or if he refuses to receive and sign for it, by tendering it to him. 2) Substituted service of summons is effected by leaving copies of the summons at the defendants residence with some person of suitable age and discretion then residing therein, or by leaving the copies at the defendants office or regular place of business with some competent person in charge, thereof. d. Substituted service of summons is proper when the service in person cannot be made, promptly.

29. if the action is in rem or quasi in rem, jurisdiction over the person of the defendant is not required. what is required is jurisdiction over the res although summons must also be served upon the defendant in order to satisfy the requirements of due process. Jurisdiction is acquired in action in rem and quasi in rem by placing the property or thing under its custody or constructive seizure. 30. When the defendant is a corporation, partnership or association organized under the laws of the Philippines with a juridical personality, service may be made on the 29. 29.Jurisdiction is acquired in action in rem and quasi in rem by placing the property or thing under its custody or constructive seizure. 30. When the defendant is a corporation, partnership or association organized under the laws of the Philippines with a juridical personality, service may be made on the president, managing partner, general manager, corporate secretary, treasurer or in-house counsel. 31. Service of summons may be made to the defendant if: a) a foreign corporation, to its resident agent; b) Republic of the Philippines, to the Solicitor General; c) LGU, to its executive head; d) unknown or whose address is unknown, by leave of court, by publication in a newspaper of general circulation and in such places and for such time as the court may order. 32. a. Extraterritorial service of summons is when the defendant does not reside and is not found in the Philippines and the action against him is either in rem or quasi in rem. b. It may be effected, by leave of court, out of the Philippines by personal service, or by publication in a newspaper of general circulation. c. It can be availed of when the actions affect the personal status of the plaintiff, actions which relate to, or the subject matter of which is property within the Philippines, in which the defendant claims a lien or interest, actual or contingent, actions in which the relief demanded consists, wholly or in part, in excluding the defendant from an interest in property located in the Philippines, and when the defendants property has been attached in the Philippines. 33. a. The voluntary appearance of the defendant in the action is equivalent to service of summons. b. No. The inclusion in a motion to dismiss of other grounds aside from lack of jurisdiction over his person shall not be deemed a voluntary appearance. 34. a. Motion is an application for relief other than by a pleading. B. Pleadings are written statements of the respective claims and defenses of the parties submitted to the court for appropriate judgment. 35. a. Litigated motion is one which requires the parties to be heard before a ruling on the motion is made by the court. Non-litigated motion is one which does not require that the parties be heard and which the court may act upon without prejudicing the rights of the other party. b. The movant should comply with the general requirements of motions under Sections 4 and 5 of Rule 15 of the Revised Rules of Court, which explicitly require a motion to accompanied by a notice of

hearing, to be served by the movant on the adverse parties concerned at least three (3) days before the hearing, and to state therein the exact time and place of hearing. Section 6 of the same Rule further commands that "no motion shall be acted upon by the court, without proof of service of the notice thereof except when the court is satisfied that the rights of the adverse party or parties are not affected. c. These requirements under Rule 15, as we have often held, are mandatory, and the failure of the movant to comply with them renders his motion fatal. And it is nothing but "mere scrap of paper." It presents no question which merits the attention and consideration of the court. In fact, it is not even considered a motion.