lecture rule 6

8/12/2019 Lecture Rule 6

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LectureCiv Pro_AMEV

Rule 6

RULE 6

KINDS OF PLEADINGS

Section 1. Pleadings defined.

Pleadings are the written statements (of ultimate facts-

old rule) of the respective claims and defenses of theparties submitted to the court for appropriate

judgment.

Dist Pleading fr Motion:

Pleading- cause of action either to support it like a

complaint or to defeat it like an answer.

Motion- application for relief other than a pleading.

Gen., does not relate to cause of action but it may

defeat a cause of action to dismiss on the grounds of

prescription: though not stated in the complaint it can

defeat a cause of action)

- it is not a specific attack on the right, obli ,delict orwrong but can defeat it (cause of action).

Sec. 2. Pleadings allowed.

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.

An answer may be responded to by a reply.

Sec. 3. Complaint.

The complaint is the pleading alleging the plaintiff's

cause or causes of action. The names and residences of

the plaintiff and defendant must be stated in the

complaint.

what is an ultimate fact? - essential facts consti

plaintiffs cause of action

- a fact is essential if cannot be stricken out w/o leavingthe stmt of cause of action insufficient.

- If the ultimate facts are contained in docs (like PN)pleader must state those facts and attach the docs on

the pleading.

- right- there is a loan evidenced by PN, obli- payable onor before, delict- did not pay

The test applied in determining the sufficiency of facts

alleged consti cause of action-- facts a valid judgment

may be rendered against the defendant.

Is a prayer part of cause of action?

- part of complaint but not part of cause of action nordoes it give it its char. but sometimes it may give light

to the case but not determinative in the action.

eg : Rescission for contract of mngt of land, where

plaintiff prayed that contract be rescinded and

possession of land be returned-= held real action bec

ultimate purpose indicated in the prayer is to recover

the land.(Buissan cs)What is an answer?

Sec. 4. Answer.

An answer is a pleading in which a defending party sets

forth his defenses.

- a pleading has relation to a cause of action either tosupport it like a complaint or defeat it like an answer.

2 kinds of defenses

Sec. 5. Defenses.2 TYPES

Defenses may either be negative or affirmative.

(a) A negative defense is the specific denial of the materialfact or facts alleged in the pleading of the claimant

essential to his cause or causes of action.

specific denialI denythe PN, if there is, it is forgery

there are 3 ways in specific denial. Sec 10 of Rule 8

How is the specific denial made? found in Sec 10 Rule 8

Rule 8 Sec. 10. Specific denial.

A defendant must specify each material allegation offact the truth of which he does not admit and, whenever

practicable, shall set forth the substance of the matters

upon which he relies to support his denial. Where a

defendant desires to deny only a part of an averment,

he shall specify so much of it as is true and material and

shall deny only the remainder (shld also state the basis

of denial).Where a defendant is without knowledge or

information sufficient to form a belief as to the truth of

a material averment made in the complaint, he shall so

state, and this shall have the effect of a denial.

1. one where which specifies the matl allegation of fact,the truth of which the defendant does not admit and

state the substance of the matter upon he relies to

support his denial.

- I issued the PN, that pursuant to PN he shld pay it onor before.

- I paid, I deny the allegation, the truth Is that I alreadypaid it.

- it is not enough to deny it is necessary to state the basisof such denial.

- truth is that I never did it.


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- you specifically deny the matl averment but shld alsostate the basis of such denial

2. only a part of an averment- only part- admits par 5 butdeny the other allegations

3. without knowledge or information sufficient to form abelief as to the truth of a material averment made in

the complaint, he shall so state, and this shall have the

effect of a denial.considered as a denial if w/o knowledge to form a

belief

effect to failure to deny- deemed admitted the matl

averments of the complaint.

Sec. 11. Allegations not specifically denied deemed

admitted.

Material averment in the complaint, other than those as

to the amount of unliquidated damages, shall be

deemed admitted when not specifically denied (

sometimes better not to answer than to make denials).Allegations of usury in a complaint to recover usurious

interest are deemed admitted if not denied under oath.

reason for requiring specific denial: - to limit issues and

avoid delays and surprises.

our law on pleadings is to lay your cards on the table so

that issues will be defined thereby avoiding

unnecessary delays.

Insufficient denials: 3 ways to deny

1. A defendant must specify each material allegation offact the truth of which he does not admit and, whenever

practicable, shall set forth the substance of the matters

upon which he relies to support his denial.

2. Where a defendant desires to deny only a part of anaverment, he shall specify so much of it as is true and

material and shall deny only the remainder (shld also

state the basis of denial).

3. Where a defendant is without knowledge orinformation sufficient to form a belief as to the truth of

a material averment made in the complaint, he shall so

state, and this shall have the effect of a denial.

Insufficient denial: example

1. gen denial does not become specific just bec of theword; specific

2. if you not state the basis of your denial3. ..w/ all the necessary proof after the defendant

gathered the same.

CAPITOL MOTORS CORPORATIONS vs. NEMESIO I.

YABUT,

was not able to pay based on the note.

Capitol sued him

that Capitol Motors is a Corp; that the defendant on or

abt this date bought a car; in consideration thereof

Yabut paid only so much while rest payable on

installment; PN was executed that he will pay on this

date the installment; failure to pay 3 amort, the whole

amt will be due and demandable; nothing was paid-delict or wrong

answer- except of allegation of no.1 the defendant

denies all, sufficient to form a belief of their truth

court rendered judgment on the pleadings bec there are

admissions

court will go to trial is there are issues and facts to be

settled

Yabut qnd judgment based on the pleading that he

made a denial and allowed under sec 10 rule 8. the

court had no basis in rendering judgment based on

pleadings

SC- there is a mode of denial in instance that defendant

has no knowledge but can only invoke that if you are

not in the position to do or know it but in this case, you

are in the position.

you can only use the 3rd

mode in good faith but if you

are expected to know it, you cannot

when can it be said that you are not expected to know?

by the negligence of driver you were hospitalized for 20

days

med- 20k

drs fee- 50k

- you can invoke no knowledge? yes, bec when thepatient went to hospital it was a contract only bet

patient and hospital, defendant was not there thus no

knowledge.

- he was not a privy to it.-but if the answering party is in the position to know, he

must state facts of such denial but cannot invoke no

knowledge.

(b) An affirmative defense is an allegation of a new matterwhich, while hypothetically (assuming that I did not pay

you and I executed a PN, I will defeat it bec I issued that

after I loss in a pocker game)admitting the material

allegations in the pleading of the claimant, would

nevertheless prevent or bar recovery by him. The

affirmative defenses include fraud, statute of

limitations, release, payment, illegality, statute of

frauds, estoppel, former recovery, discharge in

bankruptcy, and any other matter by way of confession

and avoidance (all encompassing e.g. res judicata, ultra


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vires in corp- in is beyond its power to engage in such

business, unconstitutionality or invalidity of agreement)

allegation of new matter. why new matter? bec it was

never mentioned/ raised in the complaint setting forth

the claimants cause of action.

e.g. may utang ka PN, obli- pay on or before, delict- did

not paycause of action

sabi mo: fraud, illegal( issued that bec sugal), estoppel-

prescription- new matter

Sec. 6. Counterclaim.defendant v plaintiff

A counterclaim is any claim which a defending party

may have against an opposing party.

- a complaint by the defendant against the plaintiff.Defendant becomes the plaintiff

- it need not diminish recovery sought by the party butmay claim higher amt by w/c opposing party is claiming

- nature of counterclaim- complaint of defendant againstthe plaintiff, may be alleged in the answer for

convenience but it is not part of the action. It is a

distinct and independent action.

- when a counter claim is properly interposed defendantwith respect to matters he pleaded becomes an actor.

He is both a plaintiff and defendant.

2 kinds of Counterclaim: Compulsory and Permissive

Sec. 7. Compulsory counterclaim.

A compulsory counterclaim is one which, being

cognizable by the regular courts of justice, arises out of

or is connected with the transaction or occurrenceconstituting the subject matter of the opposing party's

claim and does not require for its adjudication the

presence of third parties of whom the court cannot

acquire jurisdiction. Such a counterclaim must be within

the jurisdiction of the court both as to the amount and

the nature thereof, except that in an original action

before the Regional Trial Court, the counterclaim may

be considered compulsory regardless of the amount.

defendant v plaintiff- counterclaim

defendant v defendantcross claim

when is a counterclaim/cross claim considered

compulsory and when it is considered permissive?

for a counterclaim be compulsory : element must

concur:

1. arises out of or is connected with the transaction oroccurrence constituting the subject matter of the

opposing party's claim

2. does not require for its adjudication the presence ofthird parties of whom the court cannot acquire

jurisdiction.

3. counterclaim must be within the jurisdiction of thecourt where it is filed

except that in an original action before the Regional

Trial Court (irrespective of the amt of the complaint

may be taken cognizance in the RTC),the counterclaim

may be considered compulsory regardless of the

amount.

4. that the compulsory already matured.Sec 8 Rule 11.

Sec. 8. Existing counterclaim or cross-claim.- A compulsory counterclaim or a cross-claim that a

defending party has at the time he files his answer shall

be contained therein.

Sec 2 of Rule 9

Sec. 2. Compulsory counterclaim, or cross-claim, not set

up barred.

- A compulsory counterclaim, or a cross-claim, not set up

shall be barred.

- all counterclaim even below jurisdictional amt in RTCmust be entertained w/ RTC, bec- a claim w/c is

necessarily connectedincidental to the maincomplaint- the counterclaim draws it jurisdictional

complaint fr its source if it is w/ RTC not as to MTC.

gen rule- counterclaim must be w/in the jurisdiction of

the court

Agustin v Bacalan

plaintiff filed action for ejectment- non-pyt of rentals

MTC jurisdictionp10k

filed counterclaim- I already paid, paying rental

religiously and bec of this, this is a harassment- action

was filed in bad faith to harass and embarrass him-

suffered moral damages for sleepless nights, besmirched

reputation- p20k,AF- 50k totalover 40k to MTC

CFI- RTC- reversed judgment of MTC- nagbayad yan thus

awarded p15k based fr his counterclaim.

CA- affirmeddismissing the ejectment but strike out

the award of P15k bec MTC has no jurisdiction

SC- if you ask for damages in excess of the jurisdictional

amt of MTC, you waive the excess.

comment of Sir- not in favor, in an ejectment suit, can

you ask for damages? yes the damages are merely

incidental to the main action. RTC- even the amt in

counterclaim is higher than jurisdiction of RTC- may be

accepted bec it is merely incidental.

Calo v Ajax

a person fr Cagayan went to Manila, in a factory selling

special rope. ordered p3k plus. At that the time J of MTC

is P2k, when the supplier delivered goods to Cagayan,

kulang siya ng worth P800 so ung binayaran niya is what

was delivered but PN was executed.


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sued CFI Manila

went to Osamis- MTC to complete delivery of goods or

forget abt the p800.

he was asking for p12kdamages.(old law yan ha?, now

irrespective of the damages claimed)

Motion to dismiss cs in CFI of Cagayan- ground- arise out

of the same tran- that is the subj matter of plaintiff inManila - compulsory

SC- CFI of Cagayan arose out of the same nonetheless it

is beyond J of Manila bec what is asked is P12k MTC

limited to p2k

- in this cs specific performance plus damages of acontract to deliver, rescission with damages is also-

incapable of pecuniary estimation unless it is reducible to

money- RTC

Sec. 8. Cross-claim.defendant v defendant

A cross-claim is 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. Such cross-claim may include a

claim that the party against whom it is asserted is or

may be liable to the cross-claimant for all or part of a

claim asserted in the action against the cross-claimant.

- a cross-claim is always compulsoryEffect of counterclaim filed in a different court:

- if you allow splittingthe likelihood of 2 conflictingjudgments fr 2 courts will be rendered which is not

conducive to the proper admin of justice.

In what action shall the compulsory claim be set up?- in

the same action, otherwise it shall be barred.

On the other hand, a mere permissive complaint( does

not arise of, not w/in jurisdiction of court - Calo v Ajax-

separate action.

essence of counterclaim- arises of or necessarily

connected w/

eg action for recovery of land- defendants expenses for

preservation of land- counterclaim- must be raised it as

a counterclaim in the same proceeding or else barred

forever.

shld a counterclaim be answered? Gen. Yes.

Plaintiff filed reconveyance of real prop

defendantthat he is a builder sewer in good faith,

spent p1m, 3m etc, typhoon- destroyed the bldg, fixed

it, I spent so much

shld you answer that or forget abt it?

SANTO TOMAS UNIVERSITY HOSPITAL vs. CESAR

ANTONIO Y. SURLA and EVANGELINE SURLA,

Issue: WON there shld be cert of forum shopping

P- bec of the negligence of D, their child fell.

child incurred damages, pain

P- fright, fearmoral damages

Counterclaim:

D- first : not yet paid- hospital bills - dapat meron,

wala kasi yan sa complaint- sagutin mo yan

second: harassment, to destroy reputation of

the hospital. - not initiatory

Vitug- technically the 2nd

is not initiatory, 1st

dapat

meron, wala kasi yan sa complaint- sagutin mo yan-

compulsory- arose out of the same tran- paghospital ng

bata

Gen Ruleeven compulsory claim must be answered

bec it is considered as a complaint of the defendant

except when the answer is just to complete what was

alleged in the orig complaint

Navarro v Belo

P filed a complaint- annulment of cert of title, cancel

deed of sale, claiming ownership and actual possession.

We took possession and w/ writ of possession by the

court of Pangasinan and placed by sheriff

D- they were the owners and counterclaim for damages

for unlawful usurpation- force and intimidation

P- did not answer

Court- in default for not answering, dismissed

was it correct for the TC to declare plaintiffs in default-

due to failure to answer the counterclaim

SC- there is no need to answer the counterclaim, in thei

complaint they asserted ownership, alleging that in

1954, D by force and intimidation took possession w/c

was denied by the D, and claimed counterclaim. The the

issues of the counterclaim are the very SAME ISSUES

RAISED IN THE COMPLAINT. Merely require to implead

again certain facts in the complaint.

counterclaim- D- harassment suit. P need not answer it

bec the very cause of action is filing the complaint itself.

Gojo v Ayala

P- FAILED TO repurchase the land w/in 1 yr

D-counterclaim- in fact an equitable mortgage, we

exercised right to repurchase and you refused to accept

repurchase money, hindi naming kasalanan

P did not answer, namatay ung 1, pinapaamin, di inaamin

C- amended complaint- P failed to comply, declared in

default in the counterclaim and ordered reception of

evidence based on the counterclaim.


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Issue: dismissal of complaint bec of no amended

NO- pendente lite- substitution, but in this case the court

ordered to amend, dismissed, tinuloy counterclaim-

wrong procedure.

tama ban a declared in default? uulitin lang niya ung sa

previous complaint niya.

defendant is a compulsory one- arises of the same subjmatter.

in this case-

Goyala sold parcel of land to Gojo, filed a case for

consolidation of ownership bec it was already 10yrs after

the sale while redemption pd is good only for 1 yr. Gojo

counterclaimed that there shld be a reformation of the

instrument bec it was in reality an equitable mortgage

and not sale.

the court ruled to amend the complaint of Goyalas bec of

the death of the wife- NO, invalid order

it is not proper to dismiss a complaint when acompulsory counterclaim has been pleaded by

defendant.The reason is obvious. Under the cited

provision, the right of the plaintiff to move for the

dismissal of an action after the defendant has filed his

answer is qualified by the clause providing that: "If a

counterclaim has been pleaded by a defendant prior to

the service upon him of the plaintiff's motion to

dismiss, the action shall not be dismissed against the

defendant's objection unless the counterclaim can

remain pending for independent adjudication by the

court." With this limitation, the power of the court to

dismiss the complaint upon motion of plaintiff, which is

usually without prejudice, is not purely discretionary.

respondents move to declare plaintiff in default bec it

failed to answer the counterclaim- no need being a

compulsory counterclaimdeemed automatically joined

in the allegations of the complaint

Ballecer v Bernardo

P- D encroached their property

D- counterclaim- P encroached upon his property, P- not

true

P- failed to answer counterclaim

SC- the issues raised were inseparable fr that posed in

the complaint thus not necessary for them to answer.

their allegations are inseparable, for to do so will only

to repeat.

A counterclaim is independent and w/ a distinct cause

of action. If inseparable w/ the cause of action of P- do

not answer.

P- dispossession by D

D- in gf ako, p2m

P- did not answer

reqd to answer- will be declared in default. prove that

he is in GF and qn the expenses for the construction- 20

yrs na yang bldg, deny mo na lang for lack of knowledge

sufficient to form the belief against the truth thereof

but you have to answer- hindi naman ikaw ang bumili

ng yero.

INTERNATIONAL CONTAINER TERMINAL SERVICES, INC.,vs. THE HON. COURT OF APPEALS, HON. EDILBERTO G.

SANDOVAL

petitioner in this case filed a counterclaim of p100m in a

previous case that was filed by herein respondent,

Sharp. Sharp in that cs filed an action for prohibition w/

prelim injunction. The cs was dismissed by SC -

premature, Sharp not being a proper party. with the

same grounds petitioner moved for the dismissal of the

previous cs. Judge rendered a decision dismissing the

complaint as well as the counterclaim.

original complaint when dismissed carries with it

dismissal of the compulsory counterclaim

counterclaim- unfounded frivolous action

SC- tested by these reqt the P counterclaim is

compulsory, same evidence will also refute cause of

action.

test: if the evidence presented by P is also the evidence

available to D in the counterclaim.

Tested by these requirements, the petitioner's

counterclaim was clearly compulsory. The petitioner

itself so denominated it. There is no doubt that the same

evidence needed to sustain it would also refute the causeof action alleged in the private respondent's complaint;

in other words, the counterclaim would succeed only if

the complaint did not. It is obvious from the very nature

of the counterclaim that it could not remain pending for

independent adjudication, that is, without adjudication

by the court of the complaint itself on which the

counterclaim was based.

COMPULSORY COUNTERCLAIM; REQUIREMENTS. We

have consistently held that a counterclaim is compulsory

where: (1) it arises out of, or is necessarily connected

with, the transaction or occurrence that is the subject

matter of the opposing party's claim; (2) it does not

require for its adjudication the presence of third parties

of whom the court cannot acquire jurisdiction;and (3)

the court has jurisdiction to entertain the claim

CASE AT BAR. The Court notes that, to begin with, the

petitioner itself joined the PPA in moving for the

dismissal of the complaint; or put passively, it did not

object to the dismissal of the private respondent's

complaint.Secondly, the compulsory counterclaim was

so intertwined with the complaint that it could not

remain pending for independent adjudication by the

court after the dismissal of the complaint which had


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provoked the counterclaim in the first place.As a

consequence, the dismissal of the complaint (on the

petitioner's own motion) operated to also dismiss the

counterclaim questioning that complaint.The petitioner

is correct in contending that the claim for damages

caused by the wrongful issuance of a preliminary

injunction can be made in the form of a counterclaim

Sec. 9. Counter-counterclaims and counter-cross-claims.

A counterclaim may be asserted against an original

counter-claimant.

A cross-claim may also be filed against an original cross-

claimant.

Dist counterclaim v cross claim

1. coc- D v Pcrc- D v D

2. it is permissive when one of the 4 elements to make it acounterclaim is missing, eg Calo v Ajaxno J, thuspermissive

COC- arose out of the same tran

purpose of the rules in mandating compulsory COC and

CRC to be pleaded- to avoid multiplicity of suits.

thus sec 11 rule 9- barred

Cross Claim Counterclaim

Against a co-partydef v def Against an opposing partydef v

plaintiff

Must arise out of the transaction

that is the subject matter of the

orig. action or of a counterclaim

therein.

May arise out of or be necessarily

connected with the transaction or

that is the subject matter of the

opposing partys claim, in which

case, it is called a compulsory

counterclaim, or it may not, in which

case it is called a permissive

counterclaim.

Sec. 10. Reply.

A reply is a pleading, the office or function of which is todeny, or allege facts in denial or avoidance of new

matters alleged by way of defense in the answer and

thereby join or make issue as to such new matters(

prescriptionno, unconsti-no).If a party does not file

such reply, all the 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.

an answer can raise negative or affirmative defenses.

AFFIRMATIVE- new matters raised by way of defense

while hypothetically admitting matl allegations

nonetheless bar recovery.

You do it to controvert new matters- by REPLY

filing of a reply is optional.

when is reply compulsory:

1. deny an actionable document , sec 8 rule 8 2. deny an allegation of usury thru a reply- usurious eh.

Sec. 11. Third, (fourth, etc.) party complaint.

A third (fourth, etc.) party complaint is a claim that a

defending party may, with leave of court, file against a

person not a party to the action, called the third

(fourth, etc.) party defendant, for contribution,

indemnity, subrogation or any other relief, in respect of

his opponent's claim.

- also a pleading- eg. banggaan

P- culpa aquiliana v D

w/ TPL

- can D claim a 3rdparty against insurance co? Yestest to determine :

1. arise of the same tranfor contribution- solidary liab- kaw din may kasalanan

2. 3rdpartys claim although arising of diff tran isconnected w/ Ps claim

surety- may file 3rd

party complaint against prin dr for

indemnity.

dr- not indispendable party, but a necessary party but

shld state why you excluded him

3. 3rdparty D will be liable to Ps claim against orig D liabarises out of diff tran

LE- sued for repairs, where he obliged in the contract to

defray expenses eg papintahan ko bahay

D LE- file a 3rd

party complaint for subrogation against

the sub-lessee who assumed compliance.

pinasublease- different agreement, papintahan mo yan,

di pinapintahan

LR- binira si LE

kung nalaman ni LR na sinublease ni LE, can LR sue both

of them? Is there a proper joinder of parties?

1. it arose out of same tran which is the lease and in joinderof parties it is not necessary that the parties joined have

privity of contract against the parties and

2. w/ a common qn of fact or lawCompulsary CounterclaimCOC- against parties who

are already parties to the cs.

3rd

party complaint-you drag them in, not already

parties

action for recovery of RE- against vendor for warrantees

against eviction


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must a 3rd

party complaint be w/in the jurisdiction of

the court where principal action is pending?

- Yes, except RTC. The 3rdparty is merely acontinuation/ancillary to the principal action.

Sec. 12. Bringing new parties.

When the presence of parties other than those to theoriginal action is required for the granting of complete

relief in the determination of a counterclaim or cross-

claim, the court shall order them to be brought in as

defendants, if jurisdiction over them can be obtained.

- joinder of parties, necessary partiesSec. 13. Answer to third (fourth, etc.) party complaint.

A third (fourth, etc.) party defendant may allege in his

answer his defenses, counterclaims or cross-claims,

including such defenses that the third (fourth, etc.)

party plaintiff may have against the original plaintiff's

claim. In proper cases, he may also assert a

counterclaim against the original plaintiff in respect of

the latter's claim against the third-party plaintiff

shld you answer a 3rd

, 4th

? yes, definitely and you shld

also raise counterclaim.

Valdez v Paras

- you answer the counterclaim exceptions as enumerated.

lecture rule 6

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