Professional Documents
Culture Documents
I.
PRELIMINARIES
Definitions
A.
B.
II.
Election cases
Land Registration
Cadastral Proceeding
A.
1. Definition of complaint
A complaint is the initiatory pleading alleging a plaintiffs cause(s) of action wherein the
names and residences of the plaintiff and defendant must be stated.1
Rule 6, Sec 3.
2. Requirements
2.1 Signature and Address
Every pleading must be signed by the party or counsel representing him. 2 The address of
either party or counsel must be stated, and it must not be a post office box address.3
i
Effect if unsigned!
Rule 7, Sec 3.
Id.
4
Id.
5
Rule 7 Sec 4.
6
Id.
7
Id.
3
Nature
1) Failure of one of the petitioners to sign the certificate against forum shopping constitutes a
defect in the petition
a) A ground for dismissing the complaint.
2) Relaxation of the above rule requires:
a) Justifiable cause or plausible reason for non-compliance;
b) Compelling reason to convince the court that outright dismissal of the petition would
8
Rule 7, Sec. 5
Philippine Airlines, Inc. v. Flight Attendants and Stewards Association of the Philippines (FASAP), G.R. No.
143088, January 24, 2006, 497 SCRA 605.
10
Vicar International Construction Inc. v. FEB Leasing and Finance Corp
9
Forum shopping exists where the elements of litis pendentia are present or where a final
judgment in one case will amount to res judicata in the other.
Elements of litis pendentia:
i) Identity of parties, or at least such as representing the same interests in both actions;
ii) Identity of rights asserted and relief prayed for, the relief founded on the same facts;
and
iii) Identity of the two cases such that the judgment in one, regardless of which party is
successful, would amount to res judicata in the other.
Elements of res judicata:
i) Former judgment or order must be final;
ii) Judgment or order must be on the merits;
iii) It must have been rendered by a court having jurisdiction over the subject matter and
the parties; and
iv) There must be, between the first and second action, identity of parties, of subject
matter and cause of action.
Note: Where judgment has already become final and executory, res judicata and not forum
shopping should be pleaded as a defense. Forum shopping applies only when two (w) or more
cases are still pending.
iv
Tible & Tible Company, Inc., et al. v. Royal Savings and Loan Association and Quiling, G.R. No. 155806, April 8,
2008, 550 SCRA 562, citing Pet Plans, Inc. v. Court of Appeals, G.R. No. 148287, November 23, 2004, 443 SCRA
510 and Loquias v. Office of the Ombudsman, G.R. No. 139396. August 15, 2000, 338 SCRA 62, 68
12
Rules of Court, Rule 7, Sec 5.
13
B.M. 850, Rule 12 Sec 2; BM 850 Rule 13, Sec 2
pleadings filed before the courts or quasi-judicial bodies, the number and date of issue of their
MCLE Certificate of Compliance or Certificate of Exemption for the immediately preceding
compliance period. Failure to disclose the required information would cause the dismissal of
the ase and the expunction of the pleadings from the records.
B.
Filing of Complaint
1. Manner
15
16
Sun Insurance Office, Ltd. v. Asuncion, G.R. Nos. 79937-38, February 13, 1989, 170 SCRA 274.
Manchester Development Corporation v. Court of Appeals, G.R. No. 75919, May 7, 1987, 149
SCRA 562.
17
ii) Allow, upon motion, a reasonable time to accept payment of requisite legal fees.
e) When amount of claim for damages not specified.
i) Accordingly, the court may expunge those claims for damages, or
ii) allow, upon motion, a reasonable time for amendment of complaint so as to allege the
precise amount of damages and accept payment of the requisite legal fees.
f) When there are unspecified claims. The determination of which may arise after the
filing of the initiatory pleading, the additional filing fee thereon shall constitute a lien on
the judgment award.
g) Same rules apply to third-party claims and other similar pleadings.
NOTE: Even if the value of a property is immaterial in the determination of the courts
jurisdiction, it should, however, be considered in the determination of the amount of docket fee.
III.
PARTIES
b) Preliminary
i) Plaintiff
(1) Notice of Dismissal of the Complaint under Rule 17, Sec. 1
(2) Amended Complaint under Rule 10, Sec. 2
(3) Motion for Leave to file a Supplemental Complaint under Rule 10, Sec. 6
(4) Motion for Leave of Court to take the Deposition upon Oral Examination or
Written Interrogatories of any Person, Whether a Party or Not under Rule 23,
Sec. 1
(5) Motion
for
Leave
of
Court
to
Serve
(6) Motion for Production or Inspection of Documents or Things under Rule 27, Sec.
1
Motion to Dismiss
JOINDER OF ISSUES
d) Filing of Answer
i) Time to plead
(1) Answer to Complaint and Third-Party (Fourth-Party, etc.) Complaint
(2) Answer of a Defendant Foreign Private Juridical Entity
PRE-TRIAL
f) Concept and Purpose of Pre-Trial
i) Concept of Pre-Trial
ii) Purpose of Pre-Trial
g) Court-Annexed Mediation
h) Pre-Trial Order
i) Exceptions
VII.
TRIAL
IX.
Rules on Redemption