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III. Continued- Rule 3 - 6 - Coggle Diagram
III. Continued- Rule 3 - 6
C. Rule 3 - Parties
D. Rule 4 - Venue
E. Rule 6 - Pleadings
E1. In General
6.1 Definition of leadings
- the written statements of the respective claims and defenses of the parties submitted to the court for appropriate judgment.
This includes all papers filed, excluding evidentiary matters, from the complaint down to the judgment.
6.2 Allowed Pleadings
-
The claims of a party are asserted in a complaint, counterclaim, cross-claim, third (fourth, etc.)-party complaint, or complaint-in-intervention.
The defenses of a party are alleged in the answer to the pleading asserting a claim against him.
Requirement of Actionable Document in Reply
- An answer may be responded to by a reply ONLY if the defending party attaches an actionable document to the answer.
Enumeration
- Except for motion and notice, all papers from party is considered pleading so 6.2 is not exclusive
Answer to reply – Rejoinder
Answer to rejoinder – Sur-rejoinder
Answer to sur-rejoinder – Reply to Sur-rejoinder
Answer to Reply to Sur-rejoinder – Opposition to Sur-rejoinder
Ad Cautelam
Rule 8 Manner of Making Allegations in Pleadings
8.1 In General
- Every pleading shall contain in a methodical and logical form, a plain, concise and direct statement of the ultimate facts on which the party pleading relies for his claim or defense, as the case may be, omitting the statement of mere evidentiary facts.
Defense - If a defense relied on is based on law, the pertinent provisions thereof and their applicability to him shall be clearly and concisely stated.
8.7 Action or Defense Based on a Document
- Applies when an action or defense is based upon a writte instrument or document. The document should be included in the pleading by either:
Exhibit
- Having its substance set forth in the pleading (summary) + a copy thereof attached as exhibit; OR
Verbatim
- Be set forth in the pleading (verbatim)
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Annexes to the Pleadings
- Considered a part of the pleadings. But, pleadings must contain a summary statement of the matters contained in the annex.
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Note: No verbal pleadings.
E2. The Claim
E3. The Answer
E4. The Reply
E5. Common Provisions
Amendments
- An answer may be responded to by a reply only if the defending party attaches an actionable document to the answer. (2a)
6.2 - Kinds of Pleadings/Pleadings Allowed
-
Claims
- The claims of a party are asserted in:
Complaint
Counterclaim
Cross-Claim
Third/fourth party complaint
Complaint in intervention
Defenses
- defenses of a party are alleged in the answer to the pleading asserting a claim against him.
An answer may be responded to by a reply.
VAA
- These are major pleadings, but there are other claims that do not fall within the 5 pleadings.
A motion is a piece of paper where a party seeks relief. Except for motions, notices of appearance, etc., all other pleadings fall udner the above enumeration.
Where Defenses Asserted
- Defenses are alleged in the answer to the pleading asserting a claim against him.
8.2 Alternative Causes of Action/Defenses -
Allowed.
A party may set forth two or more statements of a claim or defense alternatively or hypothetically, either in one cause of action or defense or in separate causes of action or defenses.
Effect of Insufficient Alternative CoA/Defense
- When two or more statements are made in the alternative and one of them if made independently would be sufficient, the pleading is not made insufficient by the insufficiency of one or more of the alternative statements
6.3 Complaint
- The pleading alleging the plaintiff's cause or causes of action.
Residences
- The names and residences of
the plaintiff and defendant must be stated in the complaint.
VAA - residence of plaintiff is important for purposes of venue in the case of personal actions.
Applicability to Other Pleadings
- This provision also applies to other initiatory pleadings, as well as
petitions filed in the trial or appellate courts
Contents in trial/Appellate Courts - Here, it is the act of the lower court which is complained of that has to be alleged, instead of a cause of action.
Effect on Jurisdiction/Nature of Action
- Jurisdiction of the court and the nature of the action are determined by the averments in the complaint
6.6 Counterclaim
- any claim which a defending party may have against an opposing party.
6.8 Cross-Claim
- any claim by one party against a co-party arising out of the transaction or occurrence that is the subject matter either of the original action or of a counterclaim therein.
Scope - May include all or part of the original claim.
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1.5 Commencement of Actions
- A civil action is commenced by the filing of the original complaint in court. If an additional defendant is impleaded in a later pleading, the action is commenced with regard to him on the date of the filing of such later pleading, irrespective of whether the motion for its admission, if necessary, is denied by the court.
10.6 Amended & Supplemental Pleadings
-
6.10 Reply
- a pleading, to deny, or allege facts in denial or avoidance of new matters alleged in, or relating to, said actionable document.
Presence of Actionable Document
- In the event of an actionable document attached to the reply, the defendant may file a rejoinder if the same is based solely on an actionable document.
New Provision on Automatically Controverted
- Plaintiff may file a reply only if the defending party attaches an actionable document to their answer.
All new matters alleged in the answer are deemed controverted. If the plaintiff wishes to interpose any claims arising out of the new matters so alleged, such claims shall be set forth in an amended or supplemental complaint.
4.1 Venue of Real Actions -
GR
- Actions affecting title to or possession of real property/interest therein in a court which has jurisdiction over the area where the real property or portiont hereof is situated.
XCPN
- Forcible entry/detainer, commenced in the municipal trial court where real property or portion thereof is situated.
Effect of Multiple Real Properties
- Dependent if the properties were the subject of one and the same transaction.
One and Same Transaction - Venue is in the RTC of any province where a parcel is situated.
Separate transactions - No common venue. Therefore separate actions should be filed in the RTC where each parcel is situated.
4.2 Venue of Personal Actions
- All other actions may be commenced and tried where either: (a) Plaintiff/any of the principal plaintiff resides; or (b) Where defendant/any of the principal defendants reside.
This is at the election of the plaintiff.
Non-Resident Defendant
- Wherever they may be found.
Definition of Residence
- The residence of the person is his personal, actual, or physical habitation or his actual residence or place of abode, whether permanent or temporary as long as he resides with continuity and consistency therein.
Residence of Corporations (Navida v. Dizon)
- If there is a corporate headquarters, such corporations are deemed residents already.
4.3 Venue of Action Against Non-Residents -
Personal Action - Where the resident defendant resides or, where the alternative non-reiden defendant may be found.
Subject to alternative venue - The residence of any of the principal plaintiffs.
Real Action - Where the real property or part thereof is situated.
Effect of Improper Venue (Rule 8.12) -
NO LONGER GROUNDS FOR MOTION TO DISMISS.
Instead, affirmative defense.
Type of Actions Applicable
- Where it is the defendant who is a nonresident and is not found in the PH, civil actions are proper only where the action is in rem or quasi in rem.
4.4 When Rules on Venue Inapplicable
-
Specific Rule
- (a) In those cases where a specific rule or law provides otherwise; or
Choice of Venue
- (b) Where the parties have validly agreed in writing before the filing of the action on the exclusive venue thereof.
Choice of Venue Clauses -
requires a valid written agreement executed by the parties BEFORE the filing of the action.
And to be binding, they must have agreed on the EXCLUSIVE nature of the venue of any prospective action between them.
Court Discretion to Set Aside CoV
- Court may declare agreements on venue as contrary to public policy if it unjustly denies a party a fair opportunity to file suit in the place designated.
Venue in Written Defamation (Time, Inc v. Reyes)
- The venue of a civil action for damages in cases of written defamations is localized upon the basis of: (1) whether the offended party is a public officer or a private individual; and (2) if he is a public officer, whether his office is in Manila or not in Manila, at the time, of the commission of the offense.
If the offended party is a public officer with office in the City of Manila, he is limited to 2 choices of venue:
(1) in the CFI of the City of Manila, or
(2) in the city or province where the libelous article is printed and first published.
Requirement of Principal Plaintiffs (Marcos-Araneta v. CA)
- As Irene was not a resident of Batac, she cannot opt for Batac as the venue for her reconveyance suit. Her subsequent impleading of two other plaintiffs who are residents of Batac does not cure the defect of improper venue as they are not PRINCIPAL PLAINTIFFS.
Motu Proprio Dismissal on Improper Venue (Dacoycoy v. IAC)
- Dismissing the complaint on the ground of improper venue is not the appropriate course of action at this stage of the proceeding, particularly as venue, in inferior courts as well as in the RTC, may be waived expressly or impliedly. The venue, though technically wrong, may be acceptable to the parties for whose convenience the rules on venue had been devised.
Q. Counted as choice of venue clause ba if you both agree to not object pag nasa court na, would that be enforceable?
Requisites -
GR
3.1 Who may be Parties
- Natural or juridical persons, authorized by law.
Plaintiff - claiming party, counter-claimant, cross-claimant, or 3rd, 4th… party plaintiff
Defendant - original defending party, defendant in a counter-claim, cross-defendant, or the 3rd, 4th… party defendant
XCPN
-
Rule 3.15. Entity without juridical personality as defendant.
- If two or more persons not organized as a juridical entity with separate personality, then they may be sued under the name by which they are generally or commonly known.
Exception to the rule that only natural/juridical persons or entities authorized by law may be parties to a civil action
Contents of Answer in 3.15
- the name and addresses of the persons composing said entity must all be revealed.
Effect of Impleading a non-party
-
Plaintiff is a non-party
- Affirmative defense may be raised on the ground that“the plaintiff has no legal capacity to sue” [Rule 8.12]
Note: VAA says MTD but no more MTD under this section. Closest is Affirmative defense.
Defendant non-party
- Affirmative defense that the pleading states no cause of action.
Legal Capacity of a Sole Proprietorship uasing Hardware v. Mendoza
- There is no law authorizing sole proprietorships to bring a suit in court. The one that shall sue should be the owner of the proprietorship
Steps in Determining Propriety of Party
-
You have to have legal personality / juridical capacity (existence in the eyes of the law)
Then you check RPI / personality to sue / legal standing
Then you have to check capacity to act / capacity to sue - Here, for corporations check if authorized by board to sue.
NCC 40-44
Natural Persons
- Birth determines personality; but the conceived child shall be considered born for all purposes that are favorable to it, provided it be born later with the conditions specified in the following article. (29a)
Juridical Persons
- the ff are juridical persons:
(1) The State and its political subdivisions;
(2) Other corporations, institutions and entities for public interest or purpose, created by law; their personality begins as soon as they have been constituted according to law;
(3) Corporations, partnerships and associations for private interest or purpose to which the law grants a juridical personality, separate and distinct from that of each shareholder, partner or member.
3.2 Parties in Interest
- An RPI is the party who stands to be benefited or injured by the judgment in the suit, or the party entitled to the avails of the suit.
GR
- every action must be prosecuted or defended in the name of the real party in interest.
XCPN
- Otherwise provided in the Rules or law.
Real Interest (Carillo v. Dabon)
- a present substantial interest which is material and direct; not just a mere expectancy or a future, contingent subordinate or consequential interest, not just a mere incidental interest
Effect of Failure to bring suit under RPI
- Affirmative defense that the complaint states no cause of action.
Classifications of Parties in Interest
-
Indispensable parties
- without whom no final determination can be had of an action (Sec. 7)
Necessary parties
- those who are not indispensable but ought to be parties if complete relief is to be accorded as those already parties, or for a complete determination or settlement of the claim subject of the action (Sec 8)
Representative parties
- enumerated in Sec 3
Pro-forma parties
- required to be joined as co-parties in suits by or against another party as may be provided by substantive law or procedural rule (Sec 4) → ex. husband and wife
NOT AN RPI BECAUSE ONLY BY FORM
Quasi-parties
- those in whose behalf a class or representative suit is brought (Sec 17)
Nominal parties - “in name only” -
in Petitions for Certiorari (Rule 65) the LC judge is a nominal party, when in fact the RPI is the party benefitted by the judgement.
RPI According to Type of Suit (Ching v. Subic Bay)
-
Individual Suit
- The wrong done is to the plaintiff, thus they are the RPI.
Class/Representative Suit
- The wrong is done to a group of stockholders. Thus, a class or representative suit will prosper for the protection of all members of said class.
Derivative Suit
- the acts complained of constitute a wrong to the corporation itself, the cause of action belongs to the corporation and not to the individual stockholder or member.
suit is brought by some of the stockholders but the RPI is the corporation himself. The CoA is from the corporation.
Mismanagement or, wrongful acts committed by the directors or trustees themselves, a stockholder or member may find that he has no redress because the former are vested by law with the right to decide WON the corporation should sue, and they will never be willing to sue themselves.
a derivative suit on behalf of the corporation wherein he holds stock in order to protect or vindicate corporate rights, whenever officials of the corporation refuse to sue or are the ones to be sued or hold the control of the corporation.
RPI is corporation. Suing stockholder is a nominal party.
When Derivative Suit Proper (Villamor v. Umale) -
A derivate suit is an action filed by stockholders to enforce a corporate action. It is the exception to the general that the corporation’s power to sue is exercised only by the board of directors or trustees. It is allowed when the directors or officers are guilty of breach of trust, and not of mere error of judgments.
Transcendental Importance (Bayan Muna v. Romulo)
- The petitioner Bayan Muna has personality to sue because of transcendental importance. In cases of national issues, the RPI is all the citizens of the Philippines.
Failure to State v. No/Lack of CoA
-
Failure to State
- Insufficient pleading.
Lack/No
- Based on the facts, the absence of a cause of action despite sufficient pleading.
Q. Same lang ba class suit and representative suit
Kinds of Parties
Representatives (Sec. 3) -
GR - the action must be brought in the name of the RPI
XCPN - Suits may be brought by or against these representatives.
Trustee, Guardian, Executor or Administrator
Party Authorized by Law
SPA
Spouses (Sec. 4)
- PRO FORMA. Meaning that the parties are required to be joined as a matter of form.
A pro forma party is NOT an RPI. Instead, only required by the rules as a matter of form.
Minor or Incompetent; Sec. 5
- A minor or a person
alleged to be incompetent
, may sue or be sued with the assistance of:
GR - his father, mother, guardian,
XCPN - or if he has none, a guardian ad litem. (5a)
Permissive Joinder; Sec. 6
- All persons persons in whom or against whom any right to relief in respect to or arising out of the same transaction or series of transactions is alleged to exist may be joined as plaintiffs/defendants in one complaint.
Necessary Party; sec. 8
- one who is not
indispensable but who ought to be joined as a party if complete relief is to be accorded as to those already parties, or for a complete determination or settlement of the claim subject of the action.
Alternative Defendants; Sec. 13
- If plaintiff cannot definitely identify who to implead as a defendant, may join all of them as alternative defendants.
Similar principle to alternative causes of action.
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Indispensable Party
- party-in-interest without whom no final determination can be had of the action, and who shall be joined either as plaintiff or defendant.
One whose interest is affected by the courts action in the litigation, and without whom no final resolution of the case is possible (Cerezo v. Tuazon)
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Compulsory Joinder of Indispensable Parties; Sec. 7
- Parties in interest without whom no final determination can be had of an action shall be joined either as plaintiffs or defendants.
Non-Joinder to be Pleaded; Sec. 9
Disjoined - A party that should not be impleaded is impleaded.
Not Joined - Supposed to be joined, but not impleaded.
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Misjoinder/Non-Joinder; Sec. 11
- Neither misjoinder nor non-joinder of parties is ground for dismissal of an action. Parties may be dropped or added by order of the court on motion of any party or on its own initiative at any stage of the action and on such terms as are just. Any claim against a misjoined party may be severed and proceeded with separately.
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Requisites for Permissive Joinder
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Same transaction or series of transactions
Any question of law or fact common to all such plaintiffs or to all such defendants
Court Discretion
- the court may make such orders as may be just to prevent any plaintiff or defendant from being embarrassed or put to expense in connection with any proceedings in which he may have no interest.
Necessary Parties
- Should be joined whenever possible. But, not mandatory as their interest is separate from the indispensable party.
Court may order the inclusion of omitted necessary party if jurisdiction over his person may be obtained, if the reason for his omission is unmeritorious.
Indispensable Party
- Must be joined under any and all conditions. Court cannot proceed without them.
Undisclosed Principal
- An agent acting in his own name and for the benefit of an undisclosed principal may sue or be sued without joining the principal except when the contract involves things belonging to the principal.
Ex. of Parties Authorized by Law
-
representative of the owner in ejectment proceedings (Sec 1, Rule 70)
a receiver or assignee of a debtor in insolvency proceedings (Sec 6, Rule 59)
judgement creditor may sue to debtor of a judgement debtor if the former denies indebtedness (Sec 43, Rule 39)
A labor union, as the duly recognized bargaining unit of its members, can file a representative suit in their behalf without joining the party for whose benefit the action is presented or defended (Sec 243, LC)