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BUENVIAJE
ARELLANO UNIVERSITY SCHOOL OF LAW
Q: In determining the existence of a Cause of Action, does it involve inquiry into Substantive Law?
A: Yes.
Q: Why?
A: Because Substantive Law defines what are the rights, duties and correlative duties of both parties.
SUBSTANTIVE LAW
That part of the law which creates, defines or regulate rights concerning life, liberty or property or
the powers of agencies or instrumentalities for the administration of public affairs
Supplies the legal basis for the existence of the right itself and the corresponding legal
prerogative to demand its protection
PROCEDURAL LAW
Outlines the methods and processes by which one may sue another for the enforcement or
protection of his rights
*Before filing the Complaint, the lawyer initially determines whether or not his client, the Plaintiff, has a
Cause of Action against the Defendant based on the provisions of Substantive Law.
An inquiry into Substantive Law is imperative because such law is the very basis of Procedural Law. It is
actually Substantive Law which supplies the legal basis for a Cause of Action.
RIGHT OF ACTION
The right to file a suit
The right of a party to institute the action
Procedural in character
The consequence of the violation of the right of the Plaintiff
Determined by the Substantive Law
CAUSE OF ACTION
The act or omission by which a party violates the rights of another
Involves a right of the Plaintiff and a violation of this right by the Defendant
Determined in the Pleadings
Substantive in nature
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MENDOZA, CBP PRACTICE COURT I REVIEWER – MIDTERMS ATTY. BUENVIAJE
ARELLANO UNIVERSITY SCHOOL OF LAW
Q: Does Right of Action only contemplate the right of the Plaintiff to institute an action?
A: No, because it is the right of a “party”, whether the Plaintiff or the Defendant, to file a suit.
*The Complaint or any other Pleading is NOT designed to be a narration and an exposition of evidentiary
matters but properly a statement only of the ULTIMATE FACTS which constitute a party’s claim of
defense. Such facts are to be alleged plainly, concisely, and directly in a methodical and logical form.
Evidentiary matters are to be presented in the trial; they have no place in a Pleading like a Complaint.
COMPLAINT
The first Pleading filed with the Court by a party called the Plaintiff
The primary purpose of this Pleading is to sue another for the enforcement or protection of a
right, or the prevention or redress of a wrong.
*The Complaint must specify the relief sought although the rule allows the addition of a general prayer for
such other reliefs as the Court may deem just and equitable.
*The Complaint must be dated. It must likewise be signed by the party or by the counsel representing
him. Signing the Complaint is mandatory because an unsigned Pleading produces no legal effect.
*The Complaint must designate the address of the party or his counsel.
Q: Should every Complaint or any other Pleading be under oath, verified or accompanied by Affidavit?
A: General Rule: A Pleading need not be verified.
Exception: Unless specifically mandated by law or a particular rule.
PROCEDURE:
1. Drafting the Complaint
2. Filing of the Complaint
Payment of full and correct fees
Jurisdictional in nature
In practice, kahit kulang yung docket fees, nira-raffle parin. Pag nakita, ino-object ng
kalaban.Pero ang ginagawa ng Court, pinagbabayad lang yung party.
Pag sinabi na ng Court na bayaran mo tapos hindi mo ginawa, dun pa lang i-dismiss ng Court.
GROUND: Non-payment of full and correct docket fees.
Filing – the act of manner of presenting the Complaint before the Court
Service – the act of furnishing the other party / counsel
Q: In the Interim note, what procedural techniques are available to the Plaintiff?
A:
Rule 17, Sections 1, 2 and 3: Dismissal by Notice or Dismissal by Motion (STUDY!)
Amendment – As a Matter of Right or with Leave of Court
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MENDOZA, CBP PRACTICE COURT I REVIEWER – MIDTERMS ATTY. BUENVIAJE
ARELLANO UNIVERSITY SCHOOL OF LAW
4. File an Answer
5. Pre-Trial
Upon motion of the Plaintiff to set the case for Pre-Trial; or
By the Court on its own instance
Pre-Trial Proper
o Before the judge
o The parties will only adopt those markings, names of the witnesses and proposed
stipulations
o During the hearing, if the evidence or the parties ay hindi included dun sa
napagkasunduan, hindi ia-admit UNLESS a good cause is shown na kailangan mo
magdagdag ng witnesses or ng evidence
o Example of Good Cause: invoke the “INTEREST OF JUSTICE” clause
o The Court will issue a Pre-Trial Order, containing all the witnesses, stipulations and other
exhibits
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MENDOZA, CBP PRACTICE COURT I REVIEWER – MIDTERMS ATTY. BUENVIAJE
ARELLANO UNIVERSITY SCHOOL OF LAW
6. Trial Proper
A: Witness B, C, D
Direct, Cross, Redirect, Recross
Judge can ask clarificatory questions
Q: After the Formal Offer of Exhibits, what will the Defendant do?
A: Defendant may object by way of Comment or Opposition to the Formal Offer of Exhibits
Q: What is the remedy of the Plaintiff if the Court did not admit the evidence?
A: Tender of Excluded Evidence
Q: After the Plaintiff has rested his case, is there a procedural technique available?
A: Demurrer to Evidence
Kung hindi nag avail ng Demurrer, same steps of presentation of evidence for the Defendant
7. Judgment
Q: Criminal cases
A:
Dati 90 days
Continuous Trial Rule – effective September 1, 2017
o Ordinary Criminal Cases – 180 days
o Dangerous Drugs – 60 days
TRIAL
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MENDOZA, CBP PRACTICE COURT I REVIEWER – MIDTERMS ATTY. BUENVIAJE
ARELLANO UNIVERSITY SCHOOL OF LAW
Q: Available remedies?
A: If the Decision is not yet Final
Motion for Reconsideration
Motion for New Trial
Appeal
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MENDOZA, CBP PRACTICE COURT I REVIEWER – MIDTERMS ATTY. BUENVIAJE
ARELLANO UNIVERSITY SCHOOL OF LAW
Q: The Relief sought or the Prayer is the Specific Relief that the party is seeking from the Court. Is a
General relief allowed?
A: Yes.
Q: What is the rule with respect to this? In what Rule and Section?
A: Rule 7, Section 3
Q: If a Complaint is signed by the party and not by the counsel, is the Complaint procedurally defective?
A: No. The Rule says “party OR counsel”
Q: You are the lawyer, but you asked your legal researcher to sign the Pleading on your behalf. Is the
Pleading procedurally defective?
A: Yes, because the signing of the Pleading is considered as a practice of law and you cannot delegate
the practice of law to a person who is not a member of the Bar.
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MENDOZA, CBP PRACTICE COURT I REVIEWER – MIDTERMS ATTY. BUENVIAJE
ARELLANO UNIVERSITY SCHOOL OF LAW
*For purposes of Atty. Buenviaje’s exam, Motions need not be verified. Sa exam, kung ang Motions ay
nilagyan ng verification, goodbye sa 15% score!
NOTE: If you file a Motion for Reconsideration before the Office of the Prosecutor, ang requirement
sa kanila, it MUST be verified!
BASIS: Their Manual of Procedures!
Q: What is the effect of submitting a Pleading without the Certification Against Forum Shopping?
A:
Failure to comply with the foregoing requirements shall not be curable by mere amendment of the
complaint or other initiatory pleading but shall be cause for the dismissal of the case without
prejudice, unless otherwise provided, upon motion and after hearing.
Ground for dismissal, but in practice, that is not always the case. The Court can always invoke
the Interest of Justice Principle. The Court will order na lagyan ng Certification
After the Court ordered you to make the necessary Certification and Verification and the party still
refused, that is the only time that the Court will dismiss the case with prejudice.
SC: Decide the case based on the merits and not on the mere technicalities of the case.
JURAT (ACSV)
Affidavits
Certification
Sworn Statements
Verification
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MENDOZA, CBP PRACTICE COURT I REVIEWER – MIDTERMS ATTY. BUENVIAJE
ARELLANO UNIVERSITY SCHOOL OF LAW
September 8, 2017
Q: 2 Kinds of Motions?
A: Ex Parte Motion
Motions that are not prejudicial to the rights of the adverse party because the issues raised are
not debatable issues
Still needs notification to the other party
Hearing requirement is not necessary
Does not require parties to be heard (without prejudice)
Q: There are issues raised na although not debatable ay nagiging debatable. Kelan nagiging debatable?
A: Motion for Extension of Time
Generally, this is an Ex Parte Motion
XPN: if it will delay the resolution of the case
*You can think of any kind of Motion kahit wala sa Rules as long as you can substantiate your Motion.
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MENDOZA, CBP PRACTICE COURT I REVIEWER – MIDTERMS ATTY. BUENVIAJE
ARELLANO UNIVERSITY SCHOOL OF LAW
Q: Contents of a Motion
A:
Relief
Basis / Ground / Arguments
Supporting affidavits and other papers, if required by the Rules or necessary to prove facts
alleged therein
o Example of a Motion with an Affidavit:
Affidavit of Good Faith for cases concerning Chattel Mortgage
Affidavit of Merits – Motion for New Trial
Q: You are the counsel of Mr. X, what Motion will you file?
A: Motion to Declare Defendant in Default
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MENDOZA, CBP PRACTICE COURT I REVIEWER – MIDTERMS ATTY. BUENVIAJE
ARELLANO UNIVERSITY SCHOOL OF LAW
Mr. X,
Plaintiff, Civil Case No. 555
FOR: Sum of Money
-versus-
Mr. Y,
Defendant.
x--------------------------------x
MOTION
1. Plaintiff, on June 16, 2017, filed a Complaint for a Sum of Money against Mr. Y, defendant for the
recovery of P500,000.00;
2. On June 20, 2017, summons was personally served to the defendant as evidenced by his
signature on the summons;
3. Defendant has until July 5, 2017 within which to file an Answer;
4. Upon verification with the records of the case, it appears that Defendant has not filed his Answer
during the reglementary period;
5. (PROVISION OF THE RULES!)
PRAYER
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MENDOZA, CBP PRACTICE COURT I REVIEWER – MIDTERMS ATTY. BUENVIAJE
ARELLANO UNIVERSITY SCHOOL OF LAW
Notice of Hearing and Copy Furnished To: (Dito ilagay yung mga Registry Receipts!)
Branch Clerk of Court Br. 23, Manila
Mr. Y
Greetings!
Please take note that the Motion will be set on hearing on _______.
(sgd)
Counsel
EXPLANATION
A copy of this Motion was served to Mr. Y via Registered Mail due to lack of manpower.
(sgd)
Counsel
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MENDOZA, CBP PRACTICE COURT I REVIEWER – MIDTERMS ATTY. BUENVIAJE
ARELLANO UNIVERSITY SCHOOL OF LAW
Pre-Trial Conference
A mandatory procedure conducted before the Trial, after the last pleading has been filed
Purposes of a Pre-Trial
Naming of witness
Enter into Amicable Settlement
Simplification of Issues
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MENDOZA, CBP PRACTICE COURT I REVIEWER – MIDTERMS ATTY. BUENVIAJE
ARELLANO UNIVERSITY SCHOOL OF LAW
Objections:
Must be made as soon as you receive the Judicial Affidavit
o Either you make a Comment / Opposition to the Judicial Affidavit; or
o Before the witness identifies his/her Judicial Affidavit
Mode of Service
Personal
Licensed courier
o To ensure that the adverse party will receive it on time
o Pwede din by Registered Mail – kasi wala pang ruling!
Documentary and Object evidence should be attached as Annexes to the Judicial Affidavit
Language – English, Filipino or any dialect known to all the parties and the Court
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MENDOZA, CBP PRACTICE COURT I REVIEWER – MIDTERMS ATTY. BUENVIAJE
ARELLANO UNIVERSITY SCHOOL OF LAW
*Kung ilang exhibits, dapat i-present / offer isa isa! – “With specific reference…”
*Kung nakalagay na sa JA yung Offer of Testimony, mag Manifest na lang sa Court, wag na basahin isa
isa!
Make a manifestation that the JA be part of the Direct Testimony of the witnsess
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MENDOZA, CBP PRACTICE COURT I REVIEWER – MIDTERMS ATTY. BUENVIAJE
ARELLANO UNIVERSITY SCHOOL OF LAW
Mr. X,
Plaintiff, Civil Case No. 1111
FOR: Sum of Money
-versus-
Mr. Y,
Defendant.
x---------------------------x
DOCUMENTS PURPOSE
A. Loan Agreement dated January 15, 2016 A. To prove that there is a contract between Mr. X
and Mr. Y
B. Promissory Note B. To prove that Mr. Y promised to pay Mr. X
B. To establish the existence of the Promissory
Note
C. Demand Letter C. To prove the existence of the Demand Letter
C. To prove that Mr. X demanded from Mr. Y the
amount of P500,000.00
D. Return Card D. To prove that Mr. Y received the Demand
Letters sent by Mr. X
PRAYER
Respectfully submitted.
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MENDOZA, CBP PRACTICE COURT I REVIEWER – MIDTERMS ATTY. BUENVIAJE
ARELLANO UNIVERSITY SCHOOL OF LAW
Copy Furnished
Atty. Z
EXPLANATION
A copy of this Formal Offer of Evidence was filed thru Registered Mail due to lack of manpower.
(sgd)
Counsel
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MENDOZA, CBP PRACTICE COURT I REVIEWER – MIDTERMS ATTY. BUENVIAJE
ARELLANO UNIVERSITY SCHOOL OF LAW
Mr. X,
Plaintiff, Civil Case No. 1111
FOR: Sum of Money
-versus-
Mr. Y,
Defendant.
x---------------------------x
COMMENT / OPPOSITION
1. Exhibit “A” Loan Agreement dated January 15, 2016 is being objected to on the ground that it is a
mere photocopy;
2. Exhibit “B” Promissory Note dated _____ is being objected to on the ground that no such
document was executed;
3. Exhibit “C” Demand Letter dated _____ is being objected to on the ground that it was a mere
photocopy.
PRAYER
Respectfully submitted.
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MENDOZA, CBP PRACTICE COURT I REVIEWER – MIDTERMS ATTY. BUENVIAJE
ARELLANO UNIVERSITY SCHOOL OF LAW
Copy Furnished
Atty. C
EXPLANATION
A copy of this Formal Offer of Evidence was filed thru Registered Mail due to lack of manpower.
(sgd)
Counsel
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MENDOZA, CBP PRACTICE COURT I REVIEWER – MIDTERMS ATTY. BUENVIAJE
ARELLANO UNIVERSITY SCHOOL OF LAW
Remedy:
Tender of Excluded Evidence
Motion for Reconsideration
Mr. X,
Plaintiff, Civil Case No. 1111
FOR: Sum of Money
-versus-
Mr. Y,
Defendant.
x---------------------------x
1. On December 15, 2016, the Court issued an Order admitting Exhibits B, C and D and excluding
Exhibit A;
2. Exhibit A was not admitted because it was a mere photocopy;
3. Plaintiff respectfully tenders Exhibit A for the purposes of:
a. ______
b. ______
c. ______
PRAYER
Respectfully submitted.
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MENDOZA, CBP PRACTICE COURT I REVIEWER – MIDTERMS ATTY. BUENVIAJE
ARELLANO UNIVERSITY SCHOOL OF LAW
Copy Furnished
Atty. Z
EXPLANATION
A copy of this Formal Offer of Evidence was filed thru Registered Mail due to lack of manpower.
(sgd)
Counsel
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