(RIANO Discussion)
Venue
-Wrong Venue -> dismissal upon motion. Waivable
Prescription.
-If prescribed -> ground for dismissal
Should it be verified?
- GR: No
- EXCEPT: law of Rule requires it. (e.g. summary procedure, certiorari, mandamus, etc)
Amendment of complaint:
Amendment by implication
- When issues not raised in the pleadings are tried with the implied consent of the parties. When
this
occurs,
the issues tried with consent of the parties shall be treated as if they had
been raised in the pleadings.
Purpose:
1) Comply with constitutional due process;
2) Direct defendant to file an answer;
3) Acquire jurisdiction over defendant
How to serve:
- To be served in person or through substituted service
- Publication is not recognized
Defendants procedural options: not required to outright file an answer ; within compliance period
1) Answer
2) Complaint ambiguous-> file motion for bill of particulars
3) Has ground -> motion to dismiss
4) Does not answer -> judgment by default
4th: Answer
default
Gives notice to the plaintiff as to which allegations in the complaint he decides to contest and thus put to
issue.
- Failure to file -> entitles plaintiff to file motion to declare defendant in default. judgment by
Judgment on the
pleadings
Summary judgment
admissions made
No triable issues
6th: Trial
7th: Judgment
Depending upon the circumstances, he may be allowed to attack the judgment collaterally.
Liberal construction of R o C
-Construed in order to promote their objective of securing a just, speedy, and inexpensive
disposition of every
action or proceeding.
- Free from the constraints of technicalities
- Must facilitate and not frustrate justice
- Equity jurisdiction: disregards procedural lapses and decides base on merits.
- SC has allowed liberal construction in the ff:
a) Rigid application will result in miscarriage of justice
b) Substantial justice be served
c) Where any resolution is addressed solely to the discretion of court
d) Where injustice to the adverse party is not commensurate to the degree of this
thoughtlessness of
not following the procedure prescribed
- But this is not a license to violate procedural requirements
- invoking liberal construction requires the party to justify the same
Power of SC to suspend its own rules or to except a case from its application when the circumstances so
warrant.
-SC allowed it in the ff:
a) Special or compelling circumstances
b) Merits of the case
c) Cause not entirely attributable to person benefited by such suspension
d) Other party will not be unjustly enriched
- GR: compliance with the procedural rules
EXCEPT: abandonment or suspension.
Substantive Law
Remedial Law
independence
for
reconsideration.
-EXCEPT: To the extent that in the opinion of the court their
not be feasible or would work an
application would
injustice
Application of R o C
- Civil actions, criminal actions, special proceedings
- Applies in all courts, except as SC provided otherwise
- Inapplicable to: election cases, land registration cases, cadastral cases, naturalization cases,
insolvency
proceedings (except by analogy or in suppletory character and whenever practicable and
convenient).
-R
character.
- Scope: ordinary civil actions, provisional remedies, special civil actions
Courts: an organ of government belonging to the judicial department the function of which is the
application of the
laws to controversies brought before it as well as the public administration
of justice.
Court vs. Judge
Court
Judge
Physical person
office
Public officer
The circumstances of the court are not affected by the circumstances of the judge.
Death of the judge does not mean the death of the court.
Courts of law and equity. Thus, both legal and equitable jurisdiction is dispensed with in the same tribunal.
Equity jurisdiction: Power of the court to resolve issues presented in a case in accordance with the natural
rules of fairness and justice in the absence of a clear, positive law governing such issues.
-Denotes concept of fairness, justice, and right dealing among men. Regards spirit of the
Justice outside legality.
- Applies when there is no law applicable.
- If there is a law, it will only supplement the law.
Types of courts:
a) Constitutional court- one directly created by a direct constitutional provision.
b) Statutory court- one created by law other than the constitution
Note: the Sandiganbayan was created by a Batas Pambansa.
c) Civil courts- determine controversies between private persons
d) Criminal courts- those which adjudicate offenses alleged to have been committed against the state
Note: Philippine courts exercise both criminal and civil jurisdictions
e) Courts of record- those which keep a written account of its proceedings. There is a presumption as to the
veracity of its records that cannot be collaterally attacked except for fraud.
f) Courts not of record- those which are not bound to keep records
Note: all Phil courts are now required to be court of record.
g) Superior court- one with controlling authority over other courts
h) Inferior court- one which is subordinate to another court, the judgement of which may be reviewed by a
higher tribunal.
Note: a court is superior or inferior in relation to another court
Types of Jurisdiction:
i) Courts of general jurisdiction- those with competence to decide on their own jurisdiction and to take
cognizance of all cases (eg. RTC)
j) Special/ limited jurisdiction- those which have only a special jurisdiction for a particular purpose OR are
clothed with special powers for the performance of specified duties beyond
which they have no authority.
k) Original jurisdiction- when actions or proceedings are originally filed with it
l) Appellate jurisdiction- when it has the power of review over the decisions of the lower court.
m) Concurrent jurisdiction- ( coordinate jurisdiction) - power of different courts to take cognizance of the same
subject matter.
-Court first taking cognizance of the case assumes jurisdiction to the exclusion of
the other courts.
-concurrent jurisdiction among different courts of different ranks is subject to the
doctrine of hierarchy of courts.
Original Jurisdiction
Exclusive Jurisdiction
law.
Importance
- Condition precedent but non-jurisdictional.
- Absent -> ground for motion to dismiss, but NOT motu proprio.
- Waivable.
- If not raised seasonably can no longer be raised.
- Dismissal is without prejudice to re-filing.
Steps:
How initiated:
- Complain orally or in writing before the chairman of the Lupon ( who is the punong
barangay)
- Payment of appropriate filing fees
- Chairman summons the respondents within the next working day
- Parties must appear in person
GR: without counsel or representatives
EXCEPT: Minors and incapacitated who may be accompanied by their relatives
of next kin who are not lawyers.
- Parties must only be natural persons
- Resolves within 15 days
- If he fails to resolve, he shall set a date to constitute the Pangkat.
- Amicable settlement NOT reached-> certification by the Lupon or Pangkat
- Unless AS is repudiated -> sufficient basis for certification
Amicable settlement: shall be in writing; language known to parties; signed by them; attested by the lupon
chairman or pangkat
Nature: WRITTEN statements of the respective claims and defenses of the parties submitted to the court for appropriate judgment.
Importance
-
Ambiguity: construed most strongly against the pleader and no presumption in his favor.
Phil system of pleading: Code Pleading - pleadings are based on codified rules or written set of procedure as distinguished
from common law procedure.
Pleadings under different rules:
Rules of Court
Summary Procedure
(ALLOWED)
(ALLOWED)
Complaint, compulsory
counterclaim, cross-claim pleaded in
the answer, answers thereto
Writ of Amparo/HD
(NOT ALLOWED)
In addition to RoC not allowed are:
counterclaim, cross-claim, 3rdparty complaint, reply,
pleadings-in-intervention
FORM:
-Caption contains: name of the court, title of the action, docket number is assigned
-Title contains: names of the parties and their participation indicated. (plaintiff/ defendant)
It is not the caption but the allegations contained therein which determine the nature of the action
and relief sought. Thus, the court may pass upon the real issues as raised in the allegations.
- Body of the pleading: sets forth its designation, allegations, reliefs, and date.
Shall be divided into paragraphs and shall be so numbered for ready identification (numbers
used as referrals)
Two or more causes of action shall be designated 1st, 2 nd, 3rd cause of action.
BUT: court may allow to sign it if plaintiff proves that lack of it is a result of mere
inadvertence and not to delay proceedings.
-Counsel at fault-> subjected to disciplinary action
if counsel signs- it is a certification by him that he has read the pleading, that to the best of his know
ledge, information, and belief, there are good grounds to support it and that it is not interposed for
delay.
-Counsel subject to disciplinary actions in CONNECTION to pleadings when:
1) Deliberately files unsigned pleading
2) Signs pleading in violation of RoC
3) When he alleges in the pleading scandalous or indecent matter
4) He fails to promptly report the court the change of address.
Act of signing is personal to him and cannot be delegated to non-lawyer. Maybe delegated to a lawyer.
(Code of Professional Responsibility)
- If signed by non-lawyer-void, cannot be ratified.
Verification in a pleading
- Must be under oath.
Significance: intended to secure that the allegations are true and correct and not mere imaginations/
speculations, AND that it is made in good faith.
-GR: Pleading need not be verified.
EXCEPT: law or rule requires otherwise
- Absence-> will be treated as unsigned. Hence, no legal effect
- Formal defect. Pleading is NOT defective. Hence, court may order it to be CORRECTED or ACT on it even if
not verified.
- Corrected by making an oath
- A pleading, if required, is verified by an affidavit. It declares that:
a) That affiant has read the pleading
b) That the allegations therein are true and correct
c) Of his personal knowledge
d) Based on authentic records
Other requirements:
Indicate
Professional Tex Receipt Number (PTRN), current
IBP Official Receipt Number, Roll of Attorneys
Number
Number and date of issue of their MCLE
certificate of Compliance or Certificate of
Exemption
Effect if absent
Non-compliance within 5 days after notice:
a) will not be acted upon by court
b) disciplinary actions to the counsel
c) contempt of court by the counsel
Would cause dismissal of the case and expunction of
the pleadings from the records.
- Who executes: the plaintiff or principal party, signed by the party himself and not by his counsel
If made by counsel: it is defective and a valid cause for dismissal
Rationale: it is the party himself who is in the best position to know if there are other similar cases.
If plaintiff is a juridical person: person duly authorized by the corporation and has personal know
ledge of the facts required to be disclosed in the certification. (e.g. company lawyer)
Effect
shopping as a
VI. Filing and Service of pleadings, Judgments and other papers in civil cases
Filing- act of presenting the pleading or other papers to the clerk of court
- Two modes of Filing:
a) presenting the original copy of the
pleading, etc
b) registered mail
Service - act of providing a party with a copy of the pleading or paper concerned.
Modes of Service
Personal service
Service by mail
Preferred
Violation -> treated as if not filed
Substituted service
HOW:
Last resort
Form:
- GR: In writing
EXCEPT: those motions made in open court
: motions made in the course of the hearing of the trial
- Rules that apply to pleadings shall also apply to written motions ( captions, designation, signature, other
matters)
Contents:
a) a statement of the relief sought to be obtained
b) grounds upon which the motion is based
c) the supporting affidavits and other papers. (Applies only when mandated by the rules or when necessary to
prove the facts stated in the motion).
A motion that does not meet requirements set by the rules is treated as a mere scrap of paper.
Notice of the motion:
- Motion which contained the notice of hearing on the motion shall be served in such manner as to ensure
receipt by the other party at least 3 days before the date of hearing. Unless, coury for good cause sets the
hearing on shorter notice.
Motion day
GR: Friday afternoons
EXCEPT: a) Friday is non-working-> next working day