Professional Documents
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REMEDIAL LAW 1 (March 1, 2023)
REMEDIAL LAW 1 (March 1, 2023)
A: If you file it in a place other where the crime is committed, the case is dismissible since jurisdiction is
authority of the court to hear and decide a case.
ILLUSTRATION:
A murdered B in Makati. The heirs of B files a complaint to the office of the prosecutor and upon finding
probable cause, the prosecutor files an information with the RTC of Makati since the crime was committed
in Makati. Here, the heirs of B becomes a private complainant and the plaintiff becomes the State.
Note: When asked about jurisdiction, answer is always a court/tribunal. When asked about venue,
answer is always a place.
J – conferred by law
V – waivable
Example:
a. Guardianship – petition must be filed at the residence of the ward. If he is not a resident, it
must be filed where he has property.
b. Depositions before action pending appeal (Rule 24) – must be filed at the residence of the
respondent.
c. Quo Warranto (Rule 66) - must be filed at the residence of the respondent unless filed by
the Solicitor General where it should be filed in Manila.
2. In the absence of law providing venue, case should be filed where the parties have validly agreed
in writing before the filing of the action on the exclusive venue thereof (Pacific Consultants vs.
Schonfeld, 2007).
NOTE: only distinguish if action is real or personal when Section 4, Rule 4 does not apply.
Rational: The meaning of shall as used here should not be construed as mandatory
since venue stipulations are fundamentally for the convenience of the parties. If it will
inconvenience them, venue is not binding. It is only when terms of agreement are
couched in exclusivity.
If the intention of the parties were to restrict venue, there must be accompanying language clearly and
categorically expressing their purpose and design that actions between them be litigated only at the place
named by them.
In the instant case, no restrictive words like "only," "solely," "exclusively in this court," "in no other
court save —“, “particularly," "nowhere else but/except —," or words of equal import were stated
in the contract. Thus, i cannot be said that the court of arbitration in London is an exclusive venue
to bring forth any complaint arising out of the employment contract. (Pacific Consultants vs.
Schonfeld, 2007)
NOTE: A simple word “shall” is not binding. A stronger wording such as “at no other place except
for Manila” or “only at Quezon City”.
NOTE: You can no longer file a Motion to Dismiss due to improper venue because it is waivable.
Q: Annulment of marriage. Respondent is in QC. The wife who will file the case is employed in Saudi
Arabia. Can the case be file at Saudi Arabia where the plaintiff resides?
A: No. Since the court in Saudi Arabia has no jurisdiction over the case.
CASES:
In the ROC there is what you call regular procedure, summary procedure, and small claims.
A: General Rule: The rules of evidence shall be the same in all courts and in all trials and hearings.
(Rule 128, Section 2)
Exception:
When otherwise provided by law or these rules, such as those enumerated under Rule 1, Sec. 4 of the
Rules of Court (ROC): (NICOLE)
1. Election cases;
2. Land registration cases;
3. Cadastral cases;
4. Naturalization proceedings;
5. Insolvency proceedings; and
6. Other cases not herein provided for by law.
SP – Php. 2 million and below (Php. 2 million and one centavo is regular procedure)
NOTE: Not all actions not capable of pecuniary estimation are under the RTC. When one
revived a judgment of the MTC, the action shall be governed by the rules of summary
procedure.
SC – Php. 1 million and below (only on Civil Cases, specifically Contract of Loans)
Joinder of Claims
- don’t confuse with joinder of causes of action. It’s not several cases that you lodge together;
- only applies to small claims and not summary procedure;
Q: On joinder of claims under small claims, will you apply the totality rule where jurisdiction is
based on total amount?
A: No. You cannot go beyond Php. 1 million. This is also true for summary procedure where
you can’t go beyond Php. 2 million.
Exception for Php. 2 million threshold for Summary Procedure: unlawful detainer
and forcible entry. The amount of unpaid rentals is immaterial, it will always be governed
by rules on summary procedure.
4. AM No. 08-8-7-SC: Expedited Procedures in the First Level Courts Effective (April 11, 2022)
Plaintiff:
1. Complaint,
2. Reply (if there is an answer attached to an actionable document),
3. Answer to the counterclaim (when the counterclaim is permissive), and
NOTE: No need to answer a compulsory counterclaim because it is deemed controverted.
ILLUSTRATION:
A----------------> B (Complaint)
A----------------> B (Reply)
Defendant:
ILLUSTRATION:
B----------------> A (Counterclaim)
B------------->C (Crossclaim)
C------------->B (Crossclaim)
A: Third-party complaint
A: Fourth-party complaint
REJOINDER
A: When reply is anchored on an actionable document that is only when a rejoinder is necessary.
Q: Why?
A: Because the answer is anchored on an actionable document. If you don’t file a reply the
authenticity and due execution is admitted.
NOTE: Connect reply and rejoinder with Sections 7 and 8, Rule 8 (provision on actionable documents).
Importance of these sections are lessened by Section 6, Rule 7 because whether they are actionable or
not, they should be attached to the pleadings because they form part of the content of pleadings.
NOTE: If you do not answer an allegation based on actionable document, what is deemed admitted is
only the authenticity and due execution of the document.
Q: What does the authenticity and due execution of the document cover?
A: It simply means that “the party whose signature it bears admits that he signed it or that it was
signed by another for him with his authority, that at the time it was signed it was in words and
figures exactly as set out in the pleading of the party relying on it, that the document was
delivered, and that any formal requisites required by law, such as a seal, an acknowledgment, or
revenue stamp, which it lacks, are waived by him (Benguet Exploration Inc vs. CA)
NOTE: The authenticity and due execution does not include everything. It is limited only
to four areas: (1) that it was signed, (2) that it was delivered, (3) It is in the same form as
it was made, and (4) there are no alterations or changes. (Benguet Exploration Inc vs.
CA)
COMPLAINT
A: Contains defenses
A: These are:
1. Denial
2. Lack of knowledge sufficient to form and belief
3. Negative Pregnant
Q: How do you do a specific denial?
A: How made:
1. Specify each material allegation of fact the truth of which a party does not admit, and whenever
practicable, set forth the substance of the matters upon which he relies to support his denial (Specific
Absolute Denial);
2. Specify so much of the averment as is true and material, and deny the remainder (Partial Specific
Denial); or,
3. State defendant’s lack of knowledge or information sufficient to form a belief as to the truth of a material
averment made in the complaint (Specific Denial by Disavowal of Knowledge) (Rule 8, Sec. 10).
ILLUSTRATION:
A: I specifically deny the par. 24 of the complaint because the truth being the matter that the Php. 10,000
is a gift from the plaintiff.
A: A defense is considered a negative pregnant when it contains a denial pregnant with an admission of
the substantial facts alleged in the pleading. Where a fact is alleged with qualifying or modifying language
and the words of the allegation as so qualified or modified are literally denied, it has been held that the
qualifying circumstances alone are denied while the fact itself is admitted (Republic vs. Sandiganbayan,
2003)
Summary: The Marcoses were charged for stealing US$356 million from the government and
depositing it in Swiss Bank accounts. Imelda’s answer to the specific allegation was “the funds
involved were lawfully acquired”. This was found by the Court to be a negative pregnant and an
acknowledgement on the part of Imelda of the existence of the said deposits.
ILLUSTRATION
Summary: Amorous relationship of CA Clerk of Court. Nelson Valdez, the husband f Sonia
Valdez, filed an administrative complaint for disbarment against Atty. Antolin Dabon, a division
clerk of the CA for allegedly carrying an adulterous relationship with Nelson’s wife which was
made possible allegedly by sexual assaults and maintained through threat and intimidation. Atty.
Dabon said in his denial that he didn’t assert intimidation and that the allegations were just pure
fabrication to malign his name and honor.
Q: What is affirmative defense?
A: is an allegation of a new matter, which, while hypothetically admitting the material allegations in the
pleading would nevertheless prevent or bar recovery by him or her. (Rule 6, Sec. 5)
Example: Payment – B owes me Php. 100,000. B answers “bayad na yan”. That’s an affirmative
defense.
Q: Under the amended rules of 2019, affirmative defenses is maintained. But in addition to affirmative
defenses may mga dinagdag pa. Is it in the nature of affirmative defense? Hindi ba they used to be
residual prerogatives under Section 1 of Rule 9? Why are they now affirmative defenses? Will that fall in
the nature of affirmative defenses where there is a hypothetical admission?
A: No. That meaning is not exclusive anymore of an affirmative defense. An affirmative defense now has
become more extensive. Because lack of jurisdiction, res judicata, litis pendentia, and lack of cause of
action is already an affirmative defense So the original meaning of affirmative defense as a hypothetical
admission is no longer applicable to all affirmative defenses.
A: Because under the present system the court can immediately resolve the cases even without going
into trial.
COUNTERCLAIM
Nature: Not part of the answer since counterclaims are the complaints of the defendant against the
plaintiff. (don’t confuse with the answer – counterclaim is a separate and distinct pleading from the
answer)
A: A permissive counterclaim arises from a separate cause of action. While a compulsory counterclaim
arises from the plaintiff’s cause of action.
Summary: Here there were two kinds of counterclaims interposed by the defendant and in fact, LGU
wanted dismissal of the counterclaim for failure to pay docket fees. The SC held that what is required
for docket fees are only permissive counterclaim and considering that Alday interposed two kinds of
counterclaims, permissive for bonuses and compulsory for damages, only the permissive is
dismissible. The compulsory is not because it does not require payment of docket fees. However,
claim for bonuses is separate and distinct from unpaid remittance thus it involves a
permissive counterclaim which requires payment of docket fees.
Summary: Here, petitioner seeks to recover the subject property by assailing the validity of the deed
of sale on the subject property which he allegedly executed in favor of respondents Malapajo on the
ground of forgery. Respondents counterclaimed that, in case the deed of sale is declared null and
void, they be paid damages as well as the loan petitioner obtained from them plus the agreed monthly
interest which was covered by a real estate mortgage on the subject property executed by petitioner
in favor of respondents. This case involves a compulsory counterclaim because the complaint
of the defendant (for damages and for reimbursement of petitioner’s loan) arises from the
cause of action of the Plaintiff.
NOTE: Moral and exemplary damages arises from the complaint. Had the plaintiff not filed the
complaint, the defendant would not have suffered moral and exemplary damages.
Q: The rule says that a counterclaim must be in the jurisdiction of the court in amount and nature. How
will you illustrate that?
ILLUSTRATION OF IN AMOUNT:
Q: A files a case against B for a sum of money in the amount of Php. 2.5 million and then B interposes a
counterclaim in the amount of Php. 1.5 million, may the RTC take cognizance of that claim?
A: Yes. Since the RTC is a court of general jurisdiction it can take cognizance of a counterclaim below
Php. 2 million as long as long as the original complaint is for a sum exceeding Php. 2 million.
Q: A files a case against B for a sum of money in the amount of Php. 1.5 million and then B interposes a
counterclaim in the amount of Php. 2.5 million, may the MTC take cognizance of that claim?
A: No. Since the original complaint is within the jurisdiction of MTC, the said court not being a court of
general jurisdiction, the amount of the counterclaim should also be below Php. 2 million.
Q: Can the MTC take cognizance of the Php. 2 million and remove the Php. 500,000?
ILLUSTRATION OF IN NATURE:
A files a case against B for a sum of money in the amount of Php. 2.5 million and then B interposes a
counterclaim in the amount of Php. 2.2 million because of unpaid wages since B is an employee of A. The
counterclaim must be dismissed since a complaint involving ER-EE relationship is under the exclusive
jurisdiction of the NLRC.
Other examples:
A: A files a case against B for a sum of money in the amount of Php. 2.5 million under a contract of loan
and then B interposes a counterclaim in the amount of Php. 3 million for unpaid rentals under a contract
of lease.
A files a case against B for a sum of money in the amount of Php. 3 million and then B files a third party
complaint against C, his insurer for the same amount anchored on an insurance contract.
NOTE: A third party defendant may extend it to a fourth party complaint and the latter can further extend it
to a fifth party complain.
Intervention is either:
NOTE: Under Rule 15, whenever you file for a motion for leave the rule says that you already
need to attach the appropriate pleading. No need to wait.
NOTE: So when you want to file a third party complaint, what you file is a motion for leave to
admit third party complaint.
CASES:
Q: What did the amendment on Section 6, Rule 7 change to the Rules of court (revolutionary effects):
1. Can no longer hide evidence since all evidence will now form as content of pleadings.
First Sarmiento Property Holdings (mentioned) – based solely from allegations and not on
evidence since the latter is a matter of trial. This will no longer hold under the amendment.
Q: Effect of not attaching evidence
A: such evidence would no longer be admitted later on
NOTE: Answer is the only exception for extension of time which is a prohibited pleading.
RATIONAL: Since evidentiary matters shall be submitted with the pleadings.
3. No more filing of Motion to Dismiss. Grounds of Motion to Dismiss in Rule 16 has now been
transposed into Section 5, Rule 6 and Section 12 of Rule 8 (still 10).
4. Change of Section 5, Rule 10 – amendment to conform to the evidence. Before, you allege and
support it with evidence. Here, if the allegations are not supported by evidence but the evidence
already forms part of the pleadings, that issue is outside the court’s jurisdiction.
NOTE: Jurisdiction over the issues is determined by allegations in the pleadings. If no allegation,
no jurisdiction over the issue. For example, complaint of sum of money never mentioned demand
to pay, the latter is outside the jurisdiction of the court. Suppose, during the trial the plaintiff
presents demand letters but there is no allegation regarding demand such is outside the
jurisdiction of the court. Here, plaintiff’s remedy is Section 5, Rule 10.
NOW: Evidence already form part of the pleading so Section 5, Rule 10 no longer applies.
A: It now provides that the signing council or plaintiff should have read the contents and the allegations as
well as the authenticity of the document. It is not just an affirmation.
NOTE: Be sure that when you prepare, apat kumpleto na (Sections 4-5, Rule 7). You have to add: (1) that
you are not filing this for purposes of delay, (2) that the evidence in your pleadings were not fraudulently
acquired or secured; etc.
Board Resolution for a certification is no longer required for certain corporate officers: (1) Chairperson, (2)
President, (3) General Manager, (4) personnel officer, and (5) an employment specialist in a labor case.
Q: What are needed apart from signature and address in any kind of pleading:
A: They are:
1. Professional Tax Receipt (PTR) Number;
2. IBP Official Receipt Number and date of issue (Bar Matter No. 287, September 26, 2000);
3. Attorney’s Roll Number (Bar Matter No. 1132, April 2, 2003); and,
4. Number and date of MCLE Certificate of Compliance/Exemption (Bar Matter No. 1922, June 3, 2008).
CASES:
Uy vs. CA
Q: The rule says that an allegation of fraud or mistake must be done with particularity while malice and
tender knowledge must be done with generality, what is your understanding of that?
A: Fraud and mistake must be stated with particularity because they can’t be presumed and that they are
the common denominator for the grounds of applying for preliminary attachment. That’s why under Rule
37 there is a requirement of affidavit of merits. On the other hand, malice can’t be seen so you can’t state
it with particularity.
A: By specifically denying the due execution and genuineness of the document under oath.
Q: What does specific denial must be under oath mean?
A: There must be a verification – subscribed and sworn to. (Remember pleadings need not be verified.
Only initiatory pleadings)
A: rejoinder