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DEFENDANTS:
1. persons who claim an interest in the controversy Quasi parties – those in whose behalf a class or
or the subject thereof adverse to the plaintiff; or representative suit is brought.
PERMISSIVE JOINDER – the aggregate sum of all the Indispensable party vs. Necessary party
claims, determines the jurisdiction of the court.
Indispensable party Necessary party
Requisites of permissive joinder of parties. Parties in interest A necessary party is one who
without whom no final is not indispensable but who
1. Right to relief arises out of the same transaction determination can be ought to be joined as a party
or series of transactions; had of an action shall if:
2. There is a question of law or fact common be joined either as 1. Complete relief is to
to all the plaintiffs or defendants; and plaintiffs or defendants be accorded as to
3. Such joinder is not otherwise proscribed by the (Sec.7, Rule 3). those already
provisions of the Rules on jurisdiction and parties; or
venue. Must be joined under 2. For a complete
any and all conditions determination or
because the court settlement of the
SERIES OF TRANSACTIONS – transactions connected
cannot proceed claim subject of the
with the same subject of the action. without him (Riano, action (Sec. 8, Rule
2014). 3)
Indispensable party
Those without whom no final determination can be had Necessary parties should be
of an action (Sec. 7, Rule 3). joined whenever possible,
however, the action can
Tests to determine whether a party is an indispensable proceed even in their absence
party because his interest is
separable from that of
1. Can relief be afforded to the plaintiff without indispensable party
the presence of the other party? No valid judgment if The case may be determined
2. Can the case be decided on its merits without they are not joined. in court but the judgment
prejudicing the rights of the other party? (Rep. therein will not afford a
v. Sandiganbayan, G.R. No. 152154, July 15, NOTE: The absence of complete relief in favor of the
2003). an indispensable party prevailing party.
renders all subsequent
Effect of failure to join an indispensable party actions of the court NOTE: Whenever in any
null and void for want pleading in which a claim is
The presence of indispensable parties is a condition for of authority to act, not asserted a necessary party is
the exercise of juridical power and when an only as to the absent not joined, the pleader shall
indispensable party is not before the court, the action parties but even as to set forth his name, if known,
should be dismissed (Riano, 2014, citing Lucman v. those present (Riano, and shall state why he is
Malawi, G.R. No. 159794, December 19, 2006). 2014). omitted (Sec. 9, Rule 3).
NOTE: The non-joinder of an indispensable or a
However, an outright dismissal is not the immediate necessary party is not by itself ipso facto a ground for
remedy authorized because, under the Rules, the dismissal of the action. The court should order the
misjoinder/non-joinder of parties is NOT a ground for joinder of such party and non-compliance with the said
dismissal. It is when the order of the court to implead order would be a ground for the dismissal of the action
an indispensable party goes unheeded may the case be (Feria & Noche, 2013).
dismissed. In such case, the court may dismiss the
The dismissal, which may be made by the court motu
complaint due to the fault of the plaintiff as when he
proprio or upon the defendant’s motion, shall be based
does not comply with any order of the court (Sec. 3, on the failure of the plaintiff to comply with any order of
Rule 17) ¸ such as an order to join indispensable parties. the court (Sec. 3, Rule 17).
JOINT DEBTORS – indispensable party with respect to deemed to be a real party-in-interest (Sec.3, Rule
own share and a necessary party with respect to the 3).
share of the others.
Effect of non-joinder of a necessary party 2. Who do not own real property with a fair
market value as stated in the current tax
1. The court may order the inclusion of the
declaration of more than Php 300,000.00 shall
omitted necessary party if jurisdiction over his
be exempt from the payment of legal fees (Sec.
person may be obtained;
19, Rule 141 as amended by A.M. No. 04-2-04-
SC).
2. The failure to comply with the order for his
inclusion, without justifiable cause, shall be He is one who has no money or property sufficient and
deemed a waiver of the claim against such available for food, shelter and basic necessities for
party; himself and his family (Sec. 21, Rule 3).
NOTE: The presence of all indispensable parties is a Neither misjoinder nor non-joinder of parties is a
condition sine qua non for the exercise of judicial power. ground for dismissal of the action.
It is precisely when an indispensable party is not before
Objections to defects in parties should be made at
the court that the action should be dismissed. Thus, the
the earliest opportunity – the moment such defect
plaintiff is mandated to implead all the indispensable
becomes apparent – by a MOTION TO STRIKE THE
parties, considering that the absence of one such party NAMES OF THE PARTIES impleaded.
renders all subsequent action of the court null and void If there is misjoinder, a separate action should be
for want of authority to act, not only as to the absent brought against the party misjoined.
parties but even as to those present. One who is a party The absence of an indispensable party renders all
to a case is not bound by any decision of the court; subsequent actions of the court null and void for want
otherwise, he will be deprived of his right to due process
of authority to act, not only as to the absent parties Requisites of class suit
but even as to those present.
1. Subject matter of the controversy is one of
MISJOINDER AND NON-JOINDER OF PARTIES common or general interest to many persons;
2. Parties affected are so numerous that it is
The Rules of Court prohibit the dismissal of a suit on the impracticable to bring them all before the
ground of non-joinder or misjoinder of parties and court;
allows the amendment of the complaint at any stage of 3. Parties bringing the class suit are sufficiently
the proceedings, through motion or on order of the court numerous or representative of the class and
on its own initiative (Sec. 11, Rule 3; Rep. v. can fully protect the interests of all concerned;
Sandiganbayan, G.R. No. 152154, July 15, 2003). and
However, when the order of the court to implead an 4. Representatives sue or defend for the benefit
indispensable party goes unheeded, the court may of all (Sec. 12, Rule 3; Sulo ng Bayan v.
order the dismissal of the case. The court is fully clothed Araneta, G.R. No. L- 31061, August 17, 1976)
with the authority to dismiss a complaint due to the (2005 Bar).
fault of the plaintiff as when, among others, he does not
comply with the order of the court (Riano, 2014, citing NOTE: There is no common or general interest in the
Sec. 3, Rule 17; Plasabas v. CA, G.R. No. 166519, March reputation of a specific individual (Newsweek, Inc. v. IAC
21, 2009). G.R. No. L-63559, May 30, 1986).
MIS-JOINDER OF NON-JOINDER OF PARTIES A civil case instituted for the cancellation of existing
PARTIES timber license agreements in the country by petitioners
He is made a party to an He is supposed to be joined in behalf of themselves and others who are equally
action although he but is not impleaded in the concerned about the preservation of the country’s
should not be impleaded action (Riano, 2014). resources is indeed a class suit. The subject matter of
(Riano, 2014) the complaint is of common and general interest not
Whenever in any pleading just to several, but to all citizens of the Philippines
If there is a claim against in which a claim is asserted (Oposa v. Factoran, G.R. No. 101083, Juy 30, 1993).
a party misjoined, the a necessary party is not
same may be severed joined, the pleader shall set A class suit would not lie in an action for recovery of real
and proceeded with forth his name, if known, property where each of the defendants has an interest
separately (Sec. 11, Rule and shall state why he is only in the particular portion of the land he is actually
3) omitted. Should the court occupying, and not in the portions individually occupied
find the reason
by the other defendants. They do not have a common or
unmeritorious, it may order
general interest in the subject matter of the controversy
the inclusion of the omitted
necessary party if (Ortigas & Company, Limited Partnership v. Hon.
jurisdiction over his person Vivencio M. Ruiz et al.G.R. No.L-33952, March 9, 1987).
may be obtained (Sec. 9,
NOTE: Even if the parties are numerous, there must be a
Rule 3).
community of interest for a class suit because the
Neither misjoinder nor non-joinder of parties is a
ground for the dismissal of an action. Parties may be subject matter of the controversy must be of common
dropped or added by the court on motion of any party interest among all of them. If the class suit is not
or motu proprio at any stage of the action and on such proper, the remedy of the parties is either to bring suit
terms as are just (Sec. 11, Rule 3). individually, or join them all as parties under the rule on
However, even if neither is a ground for dismissal of the permissive joinder of parties.
action, the failure to obey the order of the court to drop
or add a party is a ground for the dismissal of the Class Suit Permissive Joinder of
complaint based on the failure of the plaintiff to comply Parties
with a court order (Sec. 3, Rule 17; Riano, 2014). There is one single There are multiple
cause of action causes of action
pertaining to separately belonging
Section 12. Class suit. numerous persons to several persons.
CLASS SUIT
It is an action where one or some of the parties may SUITS AGAINST ENTITIES WITHOUT JURIDICAL
sue for the benefit of all if the requisites for said action PERSONALITY
are complied with (Riano, 2014).
When two or more persons not organized as an entity
with juridical personality enter into a transaction, they
may be sued under the name by which they are generally
or commonly known. In the answer of such defendant, property and suits
the names and addresses of the persons composing said by reason of the
entity must all be revealed (Sec. 15, Rule 3). alleged tortuous
acts of the
NOTE: Persons associated in an entity without juridical defendant (Board
personality, however, cannot sue under such name, of Liquidators v.
because, as stated in the Rules, its authority to be a Kalaw, G.R. No. L-
party is confined only to being a defendant, as is 18805, August 14,
evident from the words “they may be sued” (Riano, 1967);
2014).
6. Actions and
Effect of the death of a party upon a pending action obligations arising
(1999 Bar) - EFFECT OF DEATH OF PARTY-LITIGANT from delicts (Aguas
v. Llemos, 1962);
1. Purely personal action – the death of either of 7. Ejectment case
the parties extinguishes the claim and the (Tanhueco v.
action is dismissed. Aguilar, G.R. No. L-
30369, May 29,
2. Action that is not purely personal – claim is 1970).
not extinguished and the party should be
substituted by his heirs, executor or NOTE: The criterion for determining whether an action
administrator. In case of minor heirs, the court survives the death of a petitioner was elucidated in
may appoint a guardian ad litem for them. Bonilla v. Barcena to wit: The question as to whether an
action survives or not depends on the nature of the
3. Action for recovery of money arising from action and the damage sued for.
contract and the defendant dies before entry
of final judgment – it shall not be dismissed In the causes of action which survive, the wrong
but shall instead be allowed to continue until complained [of] affects primarily and principally
entry of judgment. A favorable judgment property and property rights, the injuries to the person
obtained by the plaintiff shall be enforced in being merely incidental, while in the causes of action
the manner provided in the rules for which do not survive, the injury complained of is to the
prosecuting claims against the estate of a person, the property and rights of property affected
deceased person (Sec. 20, Rule 3). being incidental (Memoracion Z. Cruz v. Oswaldo Z. Cruz,
G.R. No. 173292, September 1, 2010).
NOTE: The substitute defendant need not be
summoned. The order of substitution shall be served Purpose of non-survival of claims
upon the parties substituted for the court to acquire
jurisdiction over the substitute party (Riano, 2014). If The reason for the dismissal of the case is that upon the
there is notice of death, the court should await the death of the defendant a testate or intestate proceeding
appointment of legal representative; otherwise, shall be instituted in the proper court wherein all his
subsequent proceedings are void (1999 Bar). creditors must appear and file their claims which shall
be paid proportionately out of the property left by the
Claims that survive vs. claims that do not survive deceased (1 Moran, 1979).
Claims that survive Claims that do not Section 14. Unknown identity or name of defendant.
survive
1. Recovery of 1. Purely Requisites:
contractual money Personal (e.g.
1. there is a defendant
/claims (oral or Legal
written)(1999 Bar); Separation); 2. his identity or name is unknown
2. Recovery/protectio 2. Performance 3. fictitious name may be used because of
n of property rights; that cannot ignorance of defendant’s true name and
be purely said ignorance is alleged in the
3. Recovery of real or delegated; complaint
personal property 3. Claim that 4. identifying description may be used: sued
or interest; cannot be as unknown owner, heir, devisee, or other
instituted by designation
4. Enforcement of lien; executor or 5. amendment to the pleading when
admnistrator identity or true name is discovered
5. Recovery of 6. defendant is the defendant being sued, not
damages for an a mere additional defendant
injury to person or
Service of summons upon a defendant whose identity is ejectment case may be enforced not only
unknown may be made by publication in a newspaper against defendants but also against the
of general circulation in accordance with Section 14 of members of their family, their relatives, or
Rule 14. privies who derived their right of possession
from the deceased defendant (Vda. De Salazar
Section 15. Entity without juridical personality as v. CA, G.R. No. 121510, November 23, 1995
defendant.
citing Florendo Jr. v. Coloma, G.R. No. L-60544,
May 19, 1984).
They may be sued under the name by which they
are generally known, but they cannot sue under such
name for lack of juridical personality.
DISTINCTION BETWEEN REAL PARTY IN INTEREST AND
LOCUS STANDI
The service of summons may be effected upon all the
defendants by serving upon any of them, or upon the Doctrine of locus standi
person in charge of the office or place of business
maintained under such name. (Sec. 8, Rule 14) This doctrine requires a litigant to have a material
interest in the outcome of the case.
INSTANCES WHERE SUBSTITUTION OF PARTIES IS
PROPER: Since the rule is a mere procedural technicality, the
Court has waived or relaxed the rule, allowing persons
Purpose and importance of substitution of the who may not have been personally injured by the
deceased operation of a law or a governmental act. The Court has
laid out the bare minimum norm to extend the standing
The purpose behind the rule on substitution of parties is
to sue to the “non-traditional suiters” as such:
the protection of the right of every party to due
process. It is to ensure that the deceased would 1. Taxpayers – there must be a claim of illegal
continue to be properly represented in the suit through disbursement of public funds, or that the tax
the duly appointed legal representative of the estate measure is unconstitutional;
(Torres v. CA, G.R. No. 120138, September 5, 1997; Vda. 2. Voters – there must be a showing of obvious
De Salazar v. CA, G.R. No. 121510 November 23, 1995). interest in the validity of the law in question;
3. Concerned citizens – there must be a showing
Effect of non-compliance with the rules on substitution
that the issues raised are of transcendental
GR: It renders the proceedings of the trial court infirm importance, which must be settled early; and
because the court acquired no jurisdiction over the
Legislators – there must be a claim that the official
person of the legal representative (Brioso v. Rili-
action complained of infringes on their prerogative
Mariano, G.R. No. 132765, January 31, 2003). Non- as legislators (Funa v. Agra, G.R. No. 191644,
compliance therewith results in the undeniable violation February 19, 2013).
of the right to due process of those who, though not
duly notified of the proceedings, are substantially
affected by the decision rendered therein (Vda. De A. Death of party; duty of counsel (Sec. 16)
Salazar v. CA, G.R. No. 121510, November 23, 1995).
This provision applies where the claim is not
XPNs: thereby extinguished as in cases involving
property and property rights such as:
1. Even if there is non-compliance with the rules 1. recovery of real and personal property
on substitution but the heirs themselves against the estate.
voluntarily appeared, participated in the case 2. enforcement of liens on such properties
and presented evidence in defense of 3. recovery for an injury to person or
deceased defendant, the action does not property by reason of tort or delict
deprive the court of jurisdiction (Vda. De committed by the deceased.
Salazar v. CA, G.R. No. 121510, November 23,
1995).
In this case, the heirs will be substituted for
the deceased OR if no legal representative
2. In ejectment cases where the counsel fails to is named then the court will order the
inform the court of the death of his client and opposing party to procure the appointment
thereby results to the non-substitution of the of an executor or administrator for the
deceased by his legal representatives, the estate of the deceased.
action does not deprive the court of
jurisdiction. The decision of the court is In case of minor heirs, the court may
nevertheless binding upon the successors-in- appoint a guardian ad litem for them.
interest of the deceased. A judgment in an
The substitute defendant need not be lifetime or the liability for which had
summoned. The ORDER OF been assumed by or is imputable to
SUBSTITUTION shall be served upon the him.
parties substituted for the court to acquire
jurisdiction over the substitute party
If there is failure to notify the fact of If defendant dies before entry of final judgment in
death: the case may continue and the court where it was pending at that time, the
proceedings will be held valid, and action shall not be dismissed but shall be allowed to
judgment will bind the successors in continue until entry of final judgment thereon.
interest.
However, execution shall not issue in favor of the
winning party. It should be filed as a claim against the
B. Death or separation of a party who is a public estate of the decedent.
officer (Sec. 17)
C. Supervening Incompetence or incapacity of a While the authority to litigate as an indigent party may
party (Sec. 18) be granted upon an ex parte application and hearing,
The action shall continue to be prosecuted by or it may be contested by the adverse party at any time
against him, personally or assisted by the
before judgment is rendered.
corresponding guardian.
Requisites:
(1) the affidavits of their witnesses 7. Such other classes of disputes which the
(2) and other evidence on the factual issues set President may determine in the
forth in the pre-trial order, Together with interest of justice.
their position papers setting forth the law
and the facts relied upon by them.
However, the court may, at any time before trial, motu
Judgments of inferior courts in cases proprio refer the case to the lupon concerned for
governed by summary procedure are amicable settlement, non criminal cases not falling
appealable to the RTC. within the authority of the latter.
The decision of the RTC in civil cases While the dispute is under mediation, conciliation, or
under this rule, including ejectment cases, arbitration, the prescriptive periods for offenses and
are IMMEDIATELY executory. cause of action under existing laws shall be
interrupted upon filing of the complaint with the
punong barangay.
KATARUNGANG PAMBARANGAY LAW
(Title One, Book III, RA 7160) THE PARTIES MAY GO DIRECTLY TO COURT IN THE
FOLLOWING INSTANCES:
No complaint, petition, action, or proceeding 1. Where the accused is under detention;
involving any matter within the authority of the lupon
shall be filed or instituted directly in court or any other 2. Where the person has otherwise been
government office for adjudication UNLESS deprived of personal liberty calling for
habeas corpus proceeding;
1. there has been a confrontation between
the parties before the lupon chairman or 3. Where the actions are coupled with
pangkat, AND provisional remedies such as preliminary
injunction, attachment, delivery of
2. that no conciliation or settlement has been personal property, and support pendente
reached OR unless the settlement has been lite; and
repudiated by the parties thereto.
4. Where the action may otherwise be
barred by the statute of limitations.
CASES NOT COVERED BY KATARUNGAN
PAMBARANGAY
The parties may, at any stage of the proceedings, agree
1. Where one party is the government or in writing to have the matter in dispute decided by
any subdivision or instrumentality arbitration by either the Punong Barangay or Pangkat.
thereof; In such case, arbitrational hearings shall follow order
2. Where one party is a public officer or of adjudicative trials.
employee, and the dispute relates to
the performance of his official functions; The settlement and arbitration agreement may be
repudiated on the ground that consent is vitiated by
3. Offenses punishable by imprisonment fraud, violence, or intimidation. Such repudiation shall
exceeding 1 year or a fine exceeding be sufficient basis for the issuance of the certification
P5,000.00; for filing a complaint in court or any government
office for adjudication.
4. Offenses where there is no private
offended party;
Section 4. Answer
Kinds Of Pleadings
COMPLAINT – is a concise statement of the ultimate Nature of counterclaim: A counterclaim is in the nature
facts constituting the plaintiff’s cause or causes of of a cross-complaint. Although it may be alleged in
action, with a specification of the relief sought, but it the answer, it is not part of the answer. Upon its filing,
may add a general prayer for such further relief as may the same proceedings are had as in the original
be deemed just or equitable. complaint. For this reason, it must be answered
within ten (10) days from service.
ULTIMATE FACTS - essential facts constituting the
plaintiff’s cause of action. Section 7. Compulsory Counterclaim
It does not require for its It may require for its SECTION 10. Reply.
adjudication the presence adjudication the presence
of third parties of whom of third parties over whom
REPLY - the response of the plaintiff to the defendant’s
the court cannot acquire the court cannot acquire
answer
jurisdiction. jurisdiction.
It is barred if not set up in It is NOT barred even if
the action. not set up in the action EFFECT OF FAILURE TO REPLY: new facts that
Need not be answered; no Must be answered, were alleged in the answer are deemed controverted.
default. otherwise, the defendant Hence, the filing of the reply is optional except
can be declared in default. for the denial of the genuineness and due execution
of an actionable document used as defense in the
GENERAL RULE: A compulsory counterclaim not set up answer.
in the answer is deemed barred.
Section 11. Third (fourth, etc.) – party complaint.
EXCEPTION: If it is an after-acquired counterclaim, that
is, such claim matured after filing of the answer. In
this case, it may be pleaded by filing an amended
THIRD (FOURTH,ETC.) – PARTY COMPLAINT – a
answer or a supplemental answer or pleading.
claim that a defending party may, with leave of court,
file against a person not a party to the action for
Section 8. Cross-claim contribution, indemnity, subrogation or any other relief,
in respect of his opponent’s claim.
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 THIRD PARTY COMPLAINT COMPLAINT
original action or counterclaim. INTERVENTION
Brings into the action a SAME
third person who was not
If it is not set up in the action, it is barred,
originally a party.
except: Initiative is with the Initiative is with a non-
1. when it is outside the jurisdiction of the court person already a party to party who seeks to join
or; the action. the action.
2. if the court cannot acquire jurisdiction over
third parties whose presence is necessary
for the adjudication of said cross-claim. TESTS to determine whether the third- party
complaint is in respect of plaintiff’s claim:
In which case, the cross-claim is considered 1. Where it arises out of the same
permissive. transaction on which the plaintiff’s claim is
based, or, although arising out of
The dismissal of the complaint carries with it the another or different transaction, is
dismissal of a cross-claim which is purely defensive, connected with the plaintiff’s claim;
but not a cross-claim seeking affirmative relief. 2. Whether the third-party defendant would
be liable to the plaintiff or to the
CROSS CLAIM COUNTER-CLAIM 3RD PARTY
defendant for all or part of the plaintiff’s
COMPLAIN
Against a co- Against an
claim against the original defendant; and
Against a
party opposing party 3. Whether the third-party defendant may
person not a
assert any defenses which the third-party
party to the
plaintiff has or may have to the plaintiff’s
action
claim.
Must arise out of May arise out of Must be in
the transaction or be necessarily respect of the
that is the subject connected with opponent’s Leave of court to file a third-party complaint may
matter of the orig. the transaction or be obtained by motion under Rule 15.
claim (Plaintiff)
action or of a that is the subject
counterclaim matter of the
therein. opposing party’s
Summons to new party (third, fourth, etc.) is needed RULE 7
for the court to obtain jurisdiction over his person,
since he is not an original party. Parts of a Pleading
Where the trial court has jurisdiction over the main Section 1. Caption. — The caption sets forth the name of
case, it also has jurisdiction over the third party the court, the title of the action, and the docket number
complaint, regardless of the amount involved as a if assigned.
third party complaint is merely auxiliary to and is a
continuation of the main action (Republic v. Central The title of the action indicates the names of the parties.
Surety & Insurance Co. L-27802, Oct. 26, 1968). They shall all be named in the original complaint or
petition; but in subsequent pleadings, it shall be
Section 12. Bringing new parties. Distinguished sufficient if the name of the first party on each side be
stated with an appropriate indication when there are
from 3rd-party complaint: other parties.
Section 4. Verification.
(a) parties,
(b) rights or causes of action, and
(c) reliefs sought.
EXCEPTIONS:
1. Allegations as to the amount of
unliquidated damages
2. Immaterial allegations;
3. Incorrect conclusions of fact.
RULE 9
Judgment by default
Defendant
answers
Avail of Rule 65 in
proper cases
Annulment of Judgment under
Rule 47
Amended and Supplemental Pleadings A cause of action which accrued after the filing of
the original complaint may, in the discretion of the
court, be pleaded in a supplemental complaint if
Section 1. Amendments in general.
there was a valid subsisting cause of action at the time
the original complaint was filed.
When the complaint is amended, 2 situations may
arise:
1. If the complaint merely corrects or AMENDED SUPPLEMENTAL
modifies the original complaint, then the PLEADING PLEADING
action is deemed commenced upon the
filing of the original complaint;
2. If the amended complaint alleges a new Refers to facts existing Refers to facts arising
cause of action, then that cause of at the time of the after the filing of the
action is deemed commenced upon the commencement of the original pleading.
filing of the amended complaint. action.
Section 2. Amendments as a matter of right. Take the place of the Taken together with
original pleading. the original pleading.
1ST PART: refers to amendment to conform to The amended or superseded, original pleading is
evidence when issues NOT raised by the pleadings not expunged but remains on the record although
are tried with the express or implied consent of the admission of the amended pleading amounts
the parties to withdrawal of the original pleading.
- but failure to amend does NOT affect the result
of the trial of these issues
Bill of Particulars
EFFECTS OF MOTION
1. If the motion is granted, the movant can
wait until the bill of particulars is served
on him by the opposing party and then
he will have the balance of the
reglementary period within which to file
his responsive pleading.
2. If his motion is denied, he will still have
such balance of the reglementary period to
do so, counted from service of the order
denying his motion. In either case, he will
have at least
5 days to file his responsive pleading.
Effect of non-compliance:
1. If the Order is not obeyed or in case of
insufficient compliance therewith, the
court:
a. may order the striking out of the
pleading or the portion thereof
to which the order is directed;
or
b. make such order as it may deem
just.
2. If plaintiff, his compliant will be stricken
off and dismissed (Rule 12, sec. 4; Rule
17, sec. 3)
If defendant, his answer will be stricken off and his
counterclaim dismissed, and he will be declared in
default upon motion of the plaintiff (Rule 12, sec. 4;
Rule 17, sec. 4; Rule 9, sec. 3).
RULE 13
1. Personal service
If registry service is not available in the locality of
a. by handling a copy to defendant; or
either sender or addressee, service may be done
by ordinary mail. b. tendering him copy if he refuses;
c. complete upon actual delivery