Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
PRELIM COVERAGE IN PRACTICE COURT 2 2. It does not require for its adjudication the presence of third parties of
whom the court cannot acquire jurisdiction;
Pleadings Allowed 3. It must be cognizable by the regular courts of justice, and within the
(1) Complaint court’s jurisdiction both as to the amount and the nature. [Sec. 7, Rule
(2) Answer 6]
(3) Counterclaim
(4) Cross-claim In an original action before the RTC, the counterclaim may be considered
(5) Third (fourth, etc.)-party Complaint compulsory regardless of the amount. [Sec. 7, Rule 6]
(6) Complaint-in-intervention
(7) Reply [Sec. 2, Rule 6] Permissive Counterclaim
(8) Counter-counterclaims [Sec. 9, Rule 6] A counterclaim is permissive if it does not arise out of, nor is necessarily
(9) Counter-crossclaims [Sec. 9, Rule 6] connected with, the subject matter of the opposing party’s claim This is not
barred even if not set up in the action.
COMPLAINT
The pleading alleging the plaintiff’s cause/s of action. [Sec. 3, Rule 6] Effect on Counterclaim when Complaint is dismissed
Ultimate Facts are essential facts constituting the plaintiff’s cause of action. A The case may be dismissed, with a counterclaim set up under any of the
fact is essential if it cannot be stricken out without leaving the statement of the following circumstances:
cause of action insufficient. (1) Dismissal under Sec. 6, Rule 16 – where the defendant does not file motion to
dismiss but raises the ground as an affirmative defense
Non-Ultimate Facts: (2) Dismissal under Sec. 2, Rule 17 – where the plaintiff files a motion to dismiss
(1) Evidentiary or immaterial facts; the case, after the defendant had filed a responsive pleading
(2) Legal conclusions, conclusions or inferences of facts from facts not stated, or (3) Dismissal under Sec. 3, Rule 17 – where the complaint is dismissed due to the
incorrect inferences or conclusions fault of the plaintiff
from facts stated;
(3) Conclusions of law alleged in the complaint are not binding on the court. CROSS-CLAIM
(4) The details of probative matter or particulars of evidence, statements of law, Any claim by one party against a co-party arising out of the transaction or
inferences and arguments. occurrence that is the subject matter either of the
original action or of a counterclaim therein. Such cross-claim may include a claim
ANSWER that the party against whom it is asserted is or may be liable to the cross-claimant
The pleading where the defendant sets forth his affirmative and/or negative for all or part of a claim asserted in the action against the cross-claimant. [Sec. 8,
defenses. [Sec. 4, Rule 6] Rule 6]
Kinds of Defenses [Sec. 5, Rule 6] A cross-claim is generally compulsory. A cross-claim not set up shall be barred.
(1) Negative Defenses - Specific denials of the material facts alleged in the [Sec. 2, Rule 9]
pleading of the claimant essential to his cause of action.
(2) Affirmative Defenses - Allegations of new matters which, while
hypothetically admitting the material allegations in the claimant’s pleading,
would nevertheless prevent or bar recovery, by way of confession and avoidance.
Negative Pregnant - a denial pregnant with the admission of the substantial facts
inthe pleading responded to which are not squarely denied. It is in effect an
admission of the averment it is directed to. [Philamgen v. Sweet Lines, G.R. No.
87434 (1993)]\
COUNTERCLAIM
Any claim which a defending party may have against an opposing party. [Sec. 6,
Rule 6]
Requisites: COMPLAINT-IN-INTERVENTION
1. It arises out of, or is necessarily connected with the transaction or Intervention is a remedy by which a third party, not originally impleaded in a
occurrence, constituting the subject matter of the opposing party's proceeding, becomes a litigant therein to enable him to protect or preserve a right
claim; or interest which may be affected by such proceeding.
SAMBIGKIS 2020 | PRACTICE COURT 2 PRELIM EXAM COVERAGE | Atty. Benjamin Cabrido | Monday 5:30 – 7:30PM
-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Intervention is never an independent action, but is ancillary and supplemental to Verification is required in the following instances:
an existing litigation, and in subordination to the (1) Pleadings filed in the inferior courts in cases covered by the Rules on
main proceeding. [Saw v. CA, G.R. No. 90580 (1991)] Summary Procedure [Sec. 3, B]
(2) Petition for relief from judgment or order [Sec. 3, Rule 38]
W hen Allowed (3) Petition for review from RTC to the CA [Sec. 1, Rule 42]
Intervention shall be allowed when a person (4) Petition for review from quasi-judicial agencies to the CA [Sec. 5, Rule 43]
has: (5) Appeal by certiorari from the CTA to the SC [Sec. 12, RA 9282 amending
(1) A legal interest in the matter in litigation; or Sec. 19, RA 1125]
(2) A legal interest in the success of any of the parties; or (6) Appeal by certiorari from CA to the SC [Sec. 1, Rule 45]
(3) An interest against the parties; or (7) Petition for annulment of judgments or final orders and resolutions [Sec. 1,
(4) When he is so situated as to be adversely affected by a distribution or Rule 47]
disposition of property in the custody of the court or of an officer thereof. (8) Complaint for injunction [Sec. 4, Rule 58]
(9) Application for appointment of receiver [Sec. 1, Rule 59]
How to Intervene (10) Application for support pendente lite [Sec. 1, Rule 69]
(1) With leave of court, the court shall consider the 2 factors (11) Petition for certiorari against judgments, final orders, or resolutions of
(2) Motion to intervene may be filed at any time before judgment is rendered by constitutional commissions [Sec. 2, Rule 64]
trial court (12) Petition for certiorari [Sec. 1, Rule 65]
(3) Copy of the pleadings-in-intervention shall be attached to the motion and (13) Petition for prohibition [Sec. 2, Rule 65]
served on the original parties (14) Petition for mandamus [Sec. 3, Rule 65]
(15) Petition for quo warranto [Sec. 1, Rule 66]
REPLY (16) Complaint for expropriation [Sec. 1, Rule 67]
The plaintiff’s response to the defendant's answer, the function of which is to (17) Complaint for forcible entry or unlawful detainer [Sec. 4, Rule 70]
deny or allege facts in denial or in avoidance of new matters alleged by way of (18) Petition for indirect contempt [Sec. 4, Rule 71]
defense in the answer and thereby join or make issue as to such new matters. (19) Petition for appointment of a general guardian [Sec. 2, Rule 93]
[Sec. 10, Rule 6] (20) Petition for leave to sell or encumber property of the ward by a guardian
[Sec. 1, Rule 95]
COUNTER-COUNTERCLAIM (21) Petition for declaration of competency of a ward [Sec. 1, Rule 97]
A claim asserted against an original counter-claimant. (22)Petition for habeas corpus [Sec. 3, Rule 102]
(23) Petition for change of name [Sec. 2, Rule 103]
COUNTER-CROSS-CLAIM (24) Petition for voluntary judicial dissolution of a corporation [Sec. 1, Rule 104]
A claim filed against an original cross-claimant. (25) Petition for cancellation or correction of entries in the civil registry [Sec. 1,
Rule 108]
Rationale: The plaintiff, not the counsel, is in the best position to know whether
he or it has actually filed or caused the filing of a petition. Certification signed by CONTENTS [Sec. 3]
counsel without proper authorization is defective, and a valid cause for dismissal. 1. The name, age, residence or business address, and occupation of the
[Anderson v. Ho, G.R. No. 172590 (2013)] witness;
2. The name and address of the lawyer who conducts or supervises the
Verification/CNFS for Corporation examination of the witness and the place where the examination is
The certification must be executed by an officer, or member of the board of being held;
directors, or by one who is duly authorized by a board resolution; otherwise, the 3. A statement that the witness is answering the questions asked of him,
complaint will have to be dismissed. [Cosco Philippines Shipping, Inc. v. Kemper fully conscious that he does so under oath, and that he may face
Insurance, Co., G.R. No. 179488 (2012)] criminal liability for false testimony or perjury;
4. Questions asked of the witness and his corresponding answers,
However, the Court has ruled that a President of a corporation can sign the consecutively numbered, that:
verification and CNFS, without the benefit of a board resolution. It also allowed a) Show the circumstances under which the witness acquired the
the following to sign: facts upon which he testifies;
(1) The Chairperson of the Board; b) Elicit from him those facts which are relevant to the issues that
(2) The General Manager or acting GM; the case presents; and
(3) A personnel officer; and c) Identify the attached documentary and object evidence and
(4) An employment specialist in a labor case. establish their authenticity;
5. The signature of the witness over his printed name; and
Defect Effect 6. A jurat with the signature of the notary public who administers the
oath or an officer who is authorized by law to administer the same.
Not curable by mere amendment
Sworn attestation [Sec. 4]
Failure to comply with the Cause for the dismissal of the case, (1) He faithfully recorded or caused to be recorded the questions he asked and the
requirements without prejudice unless otherwise corresponding answers that the witness gave; and
provided, upon motion and after (2) Neither he nor any other person then present or assisting him coached the
hearing witness regarding the latter's answers.
False Certification Constitutes indirect contempt, without
A false attestation shall subject the lawyer mentioned to disciplinary action,
prejudice to administrative and
Noncompliance with any undertaking including disbarment.
criminal actions
Ground for summary dismissal with OFFER
prejudice
When made
Willful and Deliberate forum shopping Upon the termination of the testimony of his last witness.
Direct Contempt
SUBMISSION OF JUDICIAL AFFIDAVITS AND EXHIBITS IN LIEU OF The court shall immediately make its ruling respecting that exhibit.
DIRECT TESTIMONIES
1. The parties shall file with the court and serve on the adverse party, Effect of NON-COMPLIANCE (SEC. 10)
personally or by licensed courier service, not later than five days Non-compliant behavior Consequence
before pre-trial or preliminary conference or the scheduled
hearing with respect to motions and incidents, the following: Party’s failure to submit Deemed to have waived the
a) The judicial affidavits of their witnesses, which shall take the submission of the same
place of such witnesses' direct testimonies; and
b) The parties' documentary or object evidence, if any, shall be Note: Court may allow, only once, late
marked and attached to the judicial affidavits submission, provided the delay is for
2. Should a party or a witness desire to keep the original document or valid reason and the defaulting party
object evidence in his possession, he may, after the same has been pays a fine
identified, marked as exhibit, and authenticated, warrant in his judicial
Witness’ failure to appear at scheduled Affidavit shall not be considered by
affidavit that the copy or reproduction attached to such affidavit is a
hearing the court
faithful copy or reproduction of that original. In addition, the party or
witness shall bring the original document or object evidence for Counsel’s failure to appear Deemed to have waived his client’s
comparison during the preliminary conference with the attached copy, right to cross-examine the witnesses
reproduction, or pictures, failing which the latter shall not be admitted. there present
If the government employee or official, or the requested witness, who is neither (2) With the stated annexes attached to it.
the witness of the adverse party nor a hostile witness, unjustifiably declines to
execute a judicial affidavit or refuses without just cause to make the relevant ANNEXES SERVED ON ADVERSE PARTY
books, documents, or other things under his control available for copying, A party required by the rules to serve a copy of his court-bound on the adverse
authentication, and eventual production in court, the requesting party may avail party need not enclose copies of those annexes that based on the record of the
himself of the issuance of a subpoena ad testificandum or duces tecum under court such party already has in his possession.
Rule 21 of the Rules of Court. The rules governing the issuance of a subpoena to
the witness in this case shall be the same as when taking his deposition except In the event a party requests a set of the annexes actually filed with the court, the
that the taking of a judicial affidavit shall be understood to be ex parte. part who filed the paper shall comply withthe request within five days from
receipt.
All decisions, resolutions and orders issued by courts and quasi-judicial bodies
under the administrative supervision of the Supreme Court shall comply with
these requirements. Similarly covered are the reports submitted to the courts and
transcripts of stenographic notes.
COPIES TO BE FILED
Unless otherwise directed by the court, the number of court- bound papers that a
party is required or desires to file shall be as follows:
In the Supreme Court,
(1) One original (properly marked) and 4 copies
(2) Two sets of annexes, one attached to the original and an extra copy
All members of the Court shall share the extra copies of annexes in the interest of
economy of paper.
In other courts,
(1) One original (properly marked)