Practice Court I Midterms Reviewer

MENDOZA, CBP PRACTICE COURT I REVIEWER – MIDTERMS ATTY.
BUENVIAJE
ARELLANO UNIVERSITY SCHOOL OF LAW
August 18, 2017
Q: When does the Rules of Court come into play?

A: Upon filing of the:
Complaint – Civil Action
Information – Criminal Case
Petition – Special Proceeding
Q: Why does a person files a Complaint?

A: Because a person has a Cause of Action.
Q: Define a Cause of Action as defined in the Rules.

A: The act or omission by which a party violates the rights of another,
Q: In determining the existence of a Cause of Action, does it involve inquiry into Substantive Law?
A: Yes.
Q: Why?
A: Because Substantive Law defines what are the rights, duties and correlative duties of both parties.
SUBSTANTIVE LAW
 That part of the law which creates, defines or regulate rights concerning life, liberty or property or
the powers of agencies or instrumentalities for the administration of public affairs
 Supplies the legal basis for the existence of the right itself and the corresponding legal
prerogative to demand its protection
PROCEDURAL LAW
 Outlines the methods and processes by which one may sue another for the enforcement or
protection of his rights
*Before filing the Complaint, the lawyer initially determines whether or not his client, the Plaintiff, has a
Cause of Action against the Defendant based on the provisions of Substantive Law.
An inquiry into Substantive Law is imperative because such law is the very basis of Procedural Law. It is
actually Substantive Law which supplies the legal basis for a Cause of Action.
Q: Is the Right if Action same with Cause of Action?

A: No.
RIGHT OF ACTION
 The right to file a suit
 The right of a party to institute the action
 Procedural in character
 The consequence of the violation of the right of the Plaintiff
 Determined by the Substantive Law
CAUSE OF ACTION
 The act or omission by which a party violates the rights of another
 Involves a right of the Plaintiff and a violation of this right by the Defendant
 Determined in the Pleadings
 Substantive in nature
*There is no Right of Action where there is no Cause of Action
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MENDOZA, CBP PRACTICE COURT I REVIEWER – MIDTERMS ATTY. BUENVIAJE
Q: Does Right of Action only contemplate the right of the Plaintiff to institute an action?
A: No, because it is the right of a “party”, whether the Plaintiff or the Defendant, to file a suit.
Q: In the preparation of the Complaint, is there a need to allege Evidentiary Facts?

A: No. Only the Ultimate Facts.
*The Complaint or any other Pleading is NOT designed to be a narration and an exposition of evidentiary
matters but properly a statement only of the ULTIMATE FACTS which constitute a party’s claim of
defense. Such facts are to be alleged plainly, concisely, and directly in a methodical and logical form.
Evidentiary matters are to be presented in the trial; they have no place in a Pleading like a Complaint.
COMPLAINT
 The first Pleading filed with the Court by a party called the Plaintiff
 The primary purpose of this Pleading is to sue another for the enforcement or protection of a
right, or the prevention or redress of a wrong.
*The Complaint must specify the relief sought although the rule allows the addition of a general prayer for
such other reliefs as the Court may deem just and equitable.
*The Complaint must be dated. It must likewise be signed by the party or by the counsel representing
him. Signing the Complaint is mandatory because an unsigned Pleading produces no legal effect.
*The Complaint must designate the address of the party or his counsel.
Q: Should every Complaint or any other Pleading be under oath, verified or accompanied by Affidavit?
A: General Rule: A Pleading need not be verified.
Exception: Unless specifically mandated by law or a particular rule.
PROCEDURE:
1. Drafting the Complaint
2. Filing of the Complaint
 Payment of full and correct fees
 Jurisdictional in nature
 In practice, kahit kulang yung docket fees, nira-raffle parin. Pag nakita, ino-object ng
kalaban.Pero ang ginagawa ng Court, pinagbabayad lang yung party.
 Pag sinabi na ng Court na bayaran mo tapos hindi mo ginawa, dun pa lang i-dismiss ng Court.
GROUND: Non-payment of full and correct docket fees.
Filing – the act of manner of presenting the Complaint before the Court
Service – the act of furnishing the other party / counsel
Q: In the Interim note, what procedural techniques are available to the Plaintiff?
A:
 Rule 17, Sections 1, 2 and 3: Dismissal by Notice or Dismissal by Motion (STUDY!)
 Amendment – As a Matter of Right or with Leave of Court
3. Service of Summons (REVIEW THE RULES!)
Q: After Service of Summons, are there procedural techniques available?

A:
 Motion for Bill of Particulars
 Motion to Dismiss
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Q: What is the effect of filing an Answer?

A: Issues will be joined.
Q: Once joined, what is the effect?

A: Yung mga ni-raise na issue sa Complaint at Answer may be decided.
4. File an Answer
Q: Kailan pwede ang Amendment as a Matter of Right or with Leave of Court?

A:
 As a Matter of Right – before the service of a responsive pleading
 With Leave of Court – after the service of a responsive pleading
Q: After issues are joined what procedural techniques are available?

A:
 Judgment on the Pleadings – if the Answer fails to tender an issue
 Summary Judgment – walang genuine issue or controversy
5. Pre-Trial
 Upon motion of the Plaintiff to set the case for Pre-Trial; or
 By the Court on its own instance
Q: Prior the Pre-Trial stage, what Pleading do you have to prepare?

A: A Pre-Trial Brief.
Q: What are the components of the Pre-Trial stage?

A:
 Preliminary Conference
o Before the Branch Clerk of Court
o Markings
o Naming of witnesses
o Propose stipulations
 Pre-Trial Proper
o Before the judge
o The parties will only adopt those markings, names of the witnesses and proposed
stipulations
o During the hearing, if the evidence or the parties ay hindi included dun sa
napagkasunduan, hindi ia-admit UNLESS a good cause is shown na kailangan mo
magdagdag ng witnesses or ng evidence
o Example of Good Cause: invoke the “INTEREST OF JUSTICE” clause
o The Court will issue a Pre-Trial Order, containing all the witnesses, stipulations and other
exhibits
 Referral to the Philippine Mediation Center

o Has 30 days para pagka-sunduin ang parties
o If after 30 days hindi ma-resolve, back to Court ang case and will be subjected to Judicial
Dispute Resolution before the judge
 Referral to the Judicial Dispute Resolution

o Under the JDR Rules, ang judge nagiging prank na sa mga litigants (kung may defense
ba or wala)
o Because of the failure of the JDR, the case will be re-raffled to another Court because
hindi na impartial yung judge
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6. Trial Proper
Q: In Civil cases, who will present the evidence first?

A: The Plaintiff
Q: You have 4 witnesses (A,B,C,D)

A: Witness A:
 Direct, Cross, Redirect, Recross
 Judge can ask clarificatory questions
A: Witness B, C, D
 Direct, Cross, Redirect, Recross
 Judge can ask clarificatory questions
Q: Ubos na ang witnesses mo, ano next step?

A: Formal Offer of Exhibits
Q: After the Formal Offer of Exhibits, what will the Defendant do?
A: Defendant may object by way of Comment or Opposition to the Formal Offer of Exhibits
 The Court will now rule on the Formal Offer of Exhibits
Q: What is the remedy of the Plaintiff if the Court did not admit the evidence?
A: Tender of Excluded Evidence
 The Plaintiff will now rest his case.
Q: After the Plaintiff has rested his case, is there a procedural technique available?
A: Demurrer to Evidence
 Kung hindi nag avail ng Demurrer, same steps of presentation of evidence for the Defendant
Q: After the presentation of evidence, what is next?

A: Judgment
7. Judgment
Q: In Civil cases, how many days?

A:
 Lower Courts – 90 days
 Supreme Court and Court of Appeals – perpetual! Kung kalian nila gustuhin LOL
Q: Criminal cases
A:
 Dati 90 days
 Continuous Trial Rule – effective September 1, 2017
o Ordinary Criminal Cases – 180 days
o Dangerous Drugs – 60 days
TRIAL
o Ordinary Criminal Cases – 90 days

DECISION
o Dangerous Drugs – 15 days
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Q: Available remedies?
A: If the Decision is not yet Final
 Motion for Reconsideration
 Motion for New Trial
 Appeal
If the Decision is already final

 Relief of Judgment
 Annulment of Judgment
 Rule 40, 41
8. Execution (Rule 39)

 By mere motion
 If after a few years wala pang execution, hindi na by mere motion. Dapat by Independent Action
na!
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August 25, 2017
BASIC PRINCIPLES IN THE PREPARATION OF A COMPLAINT

1. The allegations in the Complaint must state Ultimate Facts.
2. The Complaint must specify the Relief sought.
Q: The Relief sought or the Prayer is the Specific Relief that the party is seeking from the Court. Is a
General relief allowed?
A: Yes.
Q: A General Relief is allowed because?

A: As a general rule, the party must specifically state what relief he or she is asking from the Court, a
general relief or a General Relief is still allowed by the Court.
Q: How do we state a General Prayer?

A: After the Specific Prayer. “Other equitable reliefs are likewise prayed for.”
3. The Complaint must be dated and signed.
Q: What is the rule with respect to this? In what Rule and Section?
A: Rule 7, Section 3
Q: If a Complaint is signed by the party and not by the counsel, is the Complaint procedurally defective?
A: No. The Rule says “party OR counsel”
Q: You are the lawyer, but you asked your legal researcher to sign the Pleading on your behalf. Is the
Pleading procedurally defective?
A: Yes, because the signing of the Pleading is considered as a practice of law and you cannot delegate
the practice of law to a person who is not a member of the Bar.
Q: Student Practice Rule?

A: It is still the lawyer who supervises the student that will sign. The student-lawyer will act only on the
direct order and supervision of the member of the Bar.
Q: What is the effect of a lawyer’s signature in a Pleading?

A: Memorize this by heart! <3
 It certifies that the lawyer read the Pleading
 That to the best of his knowledge, information, and belief there is good ground to support
it
 That it is not interposed to delay
Q: What is the purpose of indicating the address of the counsel?

A: For easy service of Court processes.
Q: Is Post Box Office address allowed?

A: No, because it is a general address. Hindi direct na dadating sa law office. Yung mga Pleadings hindi
madali makukuha kaya magkakaroon ng delay in the proceedings.
4. A Pleading must be verified.
Q: Should all Pleadings be verified?

A: No.
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Pleadings that should be verified:

 Initiatory Pleadings
o Pleadings that are asserting a claim
o Hindi porket unang na-file ay Initiatory Pleading na!
 Certiorari, Prohibition, Mandamus, Quo Warranto, Writs
 Summary Procedure pleadings
*In case of doubt, i-verify. Walang magpipigil 
*For purposes of Atty. Buenviaje’s exam, Motions need not be verified. Sa exam, kung ang Motions ay
nilagyan ng verification, goodbye sa 15% score!
NOTE: If you file a Motion for Reconsideration before the Office of the Prosecutor, ang requirement
sa kanila, it MUST be verified!
BASIS: Their Manual of Procedures!
5. It must include a Certification Against Forum Shopping
Q: What are the contents of the Certification Against Forum Shopping?

A: Rule 7, Section 5 (MEMORIZE!)
 That the Plaintiff has not commenced any action or filed any claim involving the same issues in
any court, tribunal or quasi-judicial agency and, to the best of his knowledge, no such other action
or claim is pending therein
 If there is such other pending action or claim, a complete statement of the present status thereof
 If he should thereafter learn that the same is similar action or claim has been filed or is pending,
he shall report that fact within 5 days therefrom to the court wherein his aforesaid complaint or
initiatory pleading has been filed
Q: What is the effect of submitting a Pleading without the Certification Against Forum Shopping?
A:
 Failure to comply with the foregoing requirements shall not be curable by mere amendment of the
complaint or other initiatory pleading but shall be cause for the dismissal of the case without
prejudice, unless otherwise provided, upon motion and after hearing.
 Ground for dismissal, but in practice, that is not always the case. The Court can always invoke
the Interest of Justice Principle. The Court will order na lagyan ng Certification
 After the Court ordered you to make the necessary Certification and Verification and the party still
refused, that is the only time that the Court will dismiss the case with prejudice.
 SC: Decide the case based on the merits and not on the mere technicalities of the case.
Q: If you submit it before Certification, what is the effect?

A: It constitutes indirect contempt without prejudice to the corresponding administrative and criminal
actions.
Q: If the Certification against Forum Shopping is false, what is the effect?

A: Summary dismissal of the case with prejudice.
JURAT (ACSV)
 Affidavits
 Certification
 Sworn Statements
 Verification
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September 8, 2017
Q: Definition of a Motion given by the Rules of Court?

A: A Motion is an application for relief other than by a pleading.
Q: Distinction from a Pleading?

A:
 Motions are not necessarily in writing
 Not initiatory
 Order not included in the Judgment
Q: 2 Kinds of Motions?
A: Ex Parte Motion
 Motions that are not prejudicial to the rights of the adverse party because the issues raised are
not debatable issues
 Still needs notification to the other party
 Hearing requirement is not necessary
 Does not require parties to be heard (without prejudice)
Q: There are issues raised na although not debatable ay nagiging debatable. Kelan nagiging debatable?
A: Motion for Extension of Time
 Generally, this is an Ex Parte Motion
 XPN: if it will delay the resolution of the case
Q: Other examples of an Ex Parte Motion

A:
 Motion for Postponement
o Pwede ang isa or dalawa,pero pag nag sunod sunod nay an to the effect na nade-delay
mo na yung resolution of the case, magiging debatable issue na!
 Motion to Set the Case for Pre-Trial
o Pero the Court can also set the case for Pre-Trial
Q: What is a Litigated Motion?

A: A Motion where the issues raised are debatable.
Q: Examples of a Litigated Motion

A: Motion to Dismiss, Motion for Summary Judgment (Check the Rules!)
*You can think of any kind of Motion kahit wala sa Rules as long as you can substantiate your Motion. 
*Motion for Judicial Determination of Probable Cause

 Effective September 1, 2017 – Prohibited Pleading in a Criminal case
Q: Are Motions needed to be in writing?

A: As a general rule, Yes. Except when made in open court
Q: Examples of Motions made in open court

A:
 Motion to Recess
 Motion for Continuance
 Motion to Strike
 Motion to Confer with my Client
 Motion to Exclude the Public
 Motion to Transfer Markings
8|Page
Q: Contents of a Motion
A:
 Relief
 Basis / Ground / Arguments
 Supporting affidavits and other papers, if required by the Rules or necessary to prove facts
alleged therein
o Example of a Motion with an Affidavit:
 Affidavit of Good Faith for cases concerning Chattel Mortgage
 Affidavit of Merits – Motion for New Trial
Q: Requisites of a Valid Motion

A:
 Proof of Service
 Notice of Hearing
 Set for Hearing
Q: 3 Day Notice Rule

A: For the benefit of the other party. The Rule requires that your Motion must be received by the
opposing party at least 3 days before the intended hearing
Q: 10 Day Notice Rule

A: For the benefit of the Court, to give them ample time to set the case for hearing
Q: What is the Omnibus Motion Rule?

A: A motion attacking a pleading, order, judgment, or proceeding shall include all objections then
available, and all objections not so included shall be deemed waived.
Q: XPNs to the Omnibus Motion Rule

A:
 Lack of Jurisdiction over the Subject Matter of the case
 Litis Pendentia
 Res Judicata
 Prescription
Q: Why are the grounds excluded?

A: ????
*Mr.Y failed to pay P500,000 to Mr. X

*On June 15, 2017 – date of the Complaint; through counsel, Mr. X filed a Complaint for Sum of Money
before the RTC Manila Branch 23
* June 16, 2017 – filed
* June 17, 2017 – Summons was issued by RTC 23 Manila
*June 20, 2017 – Summons served and Mr. Y signed
* June 22, 2017 – the Sheriff of the RTC Manila executed a Sheriff’s Return that summons was duly
served by personal service
* September 30, 2017 – Mr. Y no Answer yet was filed
Q: You are the counsel of Mr. X, what Motion will you file?
A: Motion to Declare Defendant in Default
9|Page
Republic of the Philippines

Regional Trial Court
National Capital Judicial Region
Branch 23, Manila
Mr. X,
Plaintiff, Civil Case No. 555
FOR: Sum of Money
-versus-
Mr. Y,
Defendant.
x--------------------------------x
MOTION
Plaintiff, by counsel, respectfully states that:
1. Plaintiff, on June 16, 2017, filed a Complaint for a Sum of Money against Mr. Y, defendant for the
recovery of P500,000.00;
2. On June 20, 2017, summons was personally served to the defendant as evidenced by his
signature on the summons;
3. Defendant has until July 5, 2017 within which to file an Answer;
4. Upon verification with the records of the case, it appears that Defendant has not filed his Answer
during the reglementary period;
5. (PROVISION OF THE RULES!)
PRAYER
WHEREFORE, premises considered, Plaintiff respectfully prays that:

1. An Order be issued declaring Defendant, Mr. Y, in default;
2. The Plaintiff be allowed to present his evidence Ex Parte;
3. General Prayer
Date and Place

(sgd)
Counsel (Solo Prac)
Address
Contact No.
Email Address
Roll of Attorney No,
IBP No.
PTR No.
MCLE Compliance No.
OR
The Law Firm ABC
Address
Email
Contact No.
By: Counsel
IBP No.
PTR No.
MCLE Compliance No.
10 | P a g e
Notice of Hearing and Copy Furnished To: (Dito ilagay yung mga Registry Receipts!)
Branch Clerk of Court Br. 23, Manila
Mr. Y
Greetings!
Please take note that the Motion will be set on hearing on _______.
(sgd)
Counsel
EXPLANATION
A copy of this Motion was served to Mr. Y via Registered Mail due to lack of manpower.
(sgd)
Counsel
11 | P a g e
September 22, 2017
Pre-Trial Conference
 A mandatory procedure conducted before the Trial, after the last pleading has been filed
Purposes of a Pre-Trial
 Naming of witness
 Enter into Amicable Settlement
 Simplification of Issues
Components of a Pre-Trial Conference

 Preliminary Conference
o Before the Branch Clerk of Court
o Marking of Exhibits
o Naming of witnesses
o Propose stipulations
 Pre-Trial Proper
 Referral to the Philippine Mediation Center
o Cases that may be referred here: Generally all civil cases, including the Settlement of
Estate
o STUDY THE PH MEDIATION CENTER RULES!
o Criminal cases: Cases of negligence resulting to … and BP 22 cases, Libel, Estafa par. 1
 Referral to the Judicial Dispute Resolution
Postponement of Pre-Trial Conference

 Absence of the Counsel
 Absence of the Party
 Judge is on leave
 Presence of a prejudicial question
o Bigamy – Declaration of Nullity of Marriage – NOT ALL!!!
 Depending on the novelty of the case (Novelty of the issue) – case to case basis!
 Recognition of Foreign Divorce Decree
o Because there is no precise pronouncement for the Supreme Court on where to file this
Decree – RTC or the Family Courts?
Distinction between Pre-Trial in Civil cases and Pre-Trial in Criminal cases

CIVIL CASE CRIMINAL CASE
 Set when the Plaintiff moves Ex Parte to set  Ordered by the Court and no motion to set the
the case for Pre-Trial case for Pre-Trial is required
 Motion is made after the last pleading has been  Ordered by the Court after Arraignment and
served and filed within 30 days from the date the Court acquires
jurisdiction over the person of the accused
 Considers the possibility of an Amicable  No Amicable Settlement. Affidavit of
Settlement as an important objective Desistance only.
 Proceedings during the Preliminary Conference  All agreements or admissions made or entered
should be recorded in the “Minutes of during the Pre-Trial Conference shall be
Preliminary Conference” and signed by both reduced in writing and signed by both the
parties and/or counsel accused AND counsel; otherwise, they cannot
be used against the accused
 Sanctions for non-appearance are imposed  Sanctions are imposed upon the counsel of the
upon the Plaintiff and Defendant accused or the Prosecutor
 Submission of a Pre-Trial Brief is required  Pre-Trial Brief not specifically required
12 | P a g e
September 29, 2017
Presentation of Evidence (Civil Cases)

Plaintiff (3 witnesses)
1. Witness 1:
 Direct
 Cross
 Redirect
 Recross
Same din sa Defendant!
2. Witness 2: SAME
3. Witness 3: SAME
4. Formal Offer of Evidence
 Comment / Opposition of the Defendant
5. Court Order
 Admitting or not the evidence presented
6. Plaintiff rests his case
Direct Examination – Q and A (Under the Rules of Evidence)

 Oral – offer of evidence must be made before the Q&A
 Document or Object – after witness has testified and the evidence has been identified
JUDICIAL AFFIDAVIT RULE

 In lieu of the direct testimony
 Direct testimony is in a form of an Affidavit
 May Jurat!
Must be filed 5 days before the Pre-Trial

 REASON: the names of the witnesses should be written in the Pre-Trial Order
Objections:
 Must be made as soon as you receive the Judicial Affidavit
o Either you make a Comment / Opposition to the Judicial Affidavit; or
o Before the witness identifies his/her Judicial Affidavit
Mode of Service
 Personal
 Licensed courier
o To ensure that the adverse party will receive it on time
o Pwede din by Registered Mail – kasi wala pang ruling!
Documentary and Object evidence should be attached as Annexes to the Judicial Affidavit
Language – English, Filipino or any dialect known to all the parties and the Court
Purpose of the Attestation of the lawyer

 Judicial Affidavit was faithfully recorded
 No one coached the witness in doing the Judicial Affidavit
13 | P a g e
Presentation of witness in a Judicial Affidavit

 Do you remember having executed any document in relation to this case?
 What document?
 Present copy of the document
 Whose signature?
Judicial Affidavit is a Testimonial Evidence

Q: If pina-mark, magiging Documentary evidence ba?
A: There is no definite ruling yet! In practice, alamin and practice ni Judge kung pinapa-mark ang Judicial
Affidavit. Kung pinapa-mark, ipa-mark para Makita sa records ng case na nag present ka ng Judicial
Affidavit.
Q: Paano nagma-mark ng JA?

A: If the last exhibit sa JA ay (M), ang JA will be marked as (N) and the signature will be marked as
Exhibit N-1
*Kung ilang exhibits, dapat i-present / offer isa isa! – “With specific reference…”
*Kung nakalagay na sa JA yung Offer of Testimony, mag Manifest na lang sa Court, wag na basahin isa
isa!
 Make a manifestation that the JA be part of the Direct Testimony of the witnsess
Formal Offer / Comment

 Must be orally made!
 Or pwede ka mag written tapos basahin mo na lang in open court para wala ka makalimutan!
 Pwede kung voluminous ang evidence
Sum of Money P500,000.00

Mr. X – Plaintiff; Mr. Y – Defendant
RTC Malolos Bulacan, Branch 1
 Loan Agreement – January 15, 2016

 Promissory Note – February 2, 2016
 Demand Letter – March 1, 2016
 Return Card – March 10, 2016
14 | P a g e

Judicial Region
Branch 1, Malolos Bulacan
Mr. X,
FOR: Sum of Money
-versus-
Mr. Y,
Defendant.
x---------------------------x
FORMAL OFFER OF EVIDENCE
Plaintiff, by counsel, respectfully submits this Formal Offer of Evidence as follows:
DOCUMENTS PURPOSE
A. Loan Agreement dated January 15, 2016 A. To prove that there is a contract between Mr. X
and Mr. Y
B. Promissory Note B. To prove that Mr. Y promised to pay Mr. X
B. To establish the existence of the Promissory
Note
C. Demand Letter C. To prove the existence of the Demand Letter
C. To prove that Mr. X demanded from Mr. Y the
amount of P500,000.00
D. Return Card D. To prove that Mr. Y received the Demand
Letters sent by Mr. X
PRAYER
1. This Honorable Court takes not of this Formal Offer of Evidence;

2. Exhibits A to D be submitted as evidence by the Plaintiff for purposes for which they are offered;
3. General Prayer
Respectfully submitted.
Date and Place

(sgd)
Counsel (Solo Prac)
Address
Contact No.
Email Address
IBP No.
PTR No.
MCLE Compliance No.
15 | P a g e
Copy Furnished
Atty. Z
EXPLANATION
A copy of this Formal Offer of Evidence was filed thru Registered Mail due to lack of manpower.
(sgd)
Counsel
16 | P a g e

Judicial Region
Mr. X,
FOR: Sum of Money
-versus-
Mr. Y,
Defendant.
x---------------------------x
COMMENT / OPPOSITION
Defendant, by counsel, by way of Comment / Opposition, respectfully states that:
1. Exhibit “A” Loan Agreement dated January 15, 2016 is being objected to on the ground that it is a
mere photocopy;
2. Exhibit “B” Promissory Note dated _____ is being objected to on the ground that no such
document was executed;
3. Exhibit “C” Demand Letter dated _____ is being objected to on the ground that it was a mere
photocopy.
PRAYER
WHEREFORE, premises considered, Defendant respectfully prays that:
1. This Honorable Court takes note of this Comment / Opposition;

2. Exhibits A to D not be admitted by this Court in the disposition of this case;
3. General Prayer.
Date and Place

(sgd)
Counsel (Solo Prac)
Address
Contact No.
Email Address
IBP No.
PTR No.
MCLE Compliance No.
17 | P a g e
Copy Furnished
Atty. C
EXPLANATION
(sgd)
Counsel
18 | P a g e
Court Order – December 15, 2016

 Admits Exhibits B, C and D
 Exhibit A denied – mere photocopy
Remedy:
 Tender of Excluded Evidence
 Motion for Reconsideration

Judicial Region
Mr. X,
FOR: Sum of Money
-versus-
Mr. Y,
Defendant.
x---------------------------x
TENDER OF EXCLUDED EVIDENCE
Plaintiff, by counsel, respectfully states that:
1. On December 15, 2016, the Court issued an Order admitting Exhibits B, C and D and excluding
Exhibit A;
2. Exhibit A was not admitted because it was a mere photocopy;
3. Plaintiff respectfully tenders Exhibit A for the purposes of:
a. ______
b. ______
c. ______
A copy of Exhibit A is hereto attached as Annex A.
PRAYER
1. The excluded evidence be part of the record;

2. General Prayer
Date and Place

(sgd)
Counsel (Solo Prac)
Address
Contact No.
Email Address
19 | P a g e

IBP No.
PTR No.
MCLE Compliance No.
Copy Furnished
Atty. Z
EXPLANATION
(sgd)
Counsel
20 | P a g e

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MENDOZA, CBP PRACTICE COURT I REVIEWER – MIDTERMS ATTY.

August 18, 2017

Q: When does the Rules of Court come into play?

Q: Why does a person files a Complaint?

Q: Define a Cause of Action as defined in the Rules.

Q: Is the Right if Action same with Cause of Action?

*There is no Right of Action where there is no Cause of Action

Q: In the preparation of the Complaint, is there a need to allege Evidentiary Facts?

3. Service of Summons (REVIEW THE RULES!)

Q: After Service of Summons, are there procedural techniques available?

Q: What is the effect of filing an Answer?

Q: Once joined, what is the effect?

Q: Kailan pwede ang Amendment as a Matter of Right or with Leave of Court?

Q: After issues are joined what procedural techniques are available?

Q: Prior the Pre-Trial stage, what Pleading do you have to prepare?

Q: What are the components of the Pre-Trial stage?

 Referral to the Philippine Mediation Center

 Referral to the Judicial Dispute Resolution

Q: In Civil cases, who will present the evidence first?

Q: You have 4 witnesses (A,B,C,D)

Q: Ubos na ang witnesses mo, ano next step?

 The Court will now rule on the Formal Offer of Exhibits

 The Plaintiff will now rest his case.

Q: After the presentation of evidence, what is next?

Q: In Civil cases, how many days?

o Ordinary Criminal Cases – 90 days

If the Decision is already final

8. Execution (Rule 39)

August 25, 2017

BASIC PRINCIPLES IN THE PREPARATION OF A COMPLAINT

2. The Complaint must specify the Relief sought.

Q: A General Relief is allowed because?

Q: How do we state a General Prayer?

3. The Complaint must be dated and signed.

Q: Student Practice Rule?

Q: What is the effect of a lawyer’s signature in a Pleading?

Q: What is the purpose of indicating the address of the counsel?

Q: Is Post Box Office address allowed?

4. A Pleading must be verified.

Q: Should all Pleadings be verified?

Pleadings that should be verified:

*In case of doubt, i-verify. Walang magpipigil 

5. It must include a Certification Against Forum Shopping

Q: What are the contents of the Certification Against Forum Shopping?

Q: If you submit it before Certification, what is the effect?

Q: If the Certification against Forum Shopping is false, what is the effect?

Q: Definition of a Motion given by the Rules of Court?

Q: Distinction from a Pleading?

Q: Other examples of an Ex Parte Motion

Q: What is a Litigated Motion?

Q: Examples of a Litigated Motion

*Motion for Judicial Determination of Probable Cause

Q: Are Motions needed to be in writing?

Q: Examples of Motions made in open court

Q: Requisites of a Valid Motion

Q: 3 Day Notice Rule

Q: 10 Day Notice Rule

Q: What is the Omnibus Motion Rule?

Q: XPNs to the Omnibus Motion Rule

Q: Why are the grounds excluded?

*Mr.Y failed to pay P500,000 to Mr. X

Republic of the Philippines

Plaintiff, by counsel, respectfully states that: