RULE 1
1.
RULE 3. PARTIES TO CIVIL ACTIONS
 Only natural or juridical persons, or entities authorized by law may
be parties in a civil action.
 An association is considered a juridical person if the law grants it a
personality separate and distinct from that of its members.
 If an association has no juridical personality, all members of the
association must be made parties in the civil action.
 Our laws provide that only natural or juridical persons or entities
authorized by law may be parties in a civil action. Therefore, animals
cannot be real parties in interest. However, Filipino citizen, as a
steward of nature, can bring a suit to enforce our environmental
laws.
 If the plaintiff is not natural or juridical person, the ground for
motion to dismiss is that the petitioner has no legal capacity to sue.
 Every action must be prosecuted in the name of the real party in
interest. However, what the rule requires is that a civil action may be
prosecuted in the name of but not necessarily by the real party in the
interest. Hence, an action is allowed to be prosecuted or defended
by a representative or someone acting in a fiduciary capacity but the
beneficiary shall be included in the title of the case and shall be
deemed to be the real party in interest.
 A REAL PARTY in interest is a party who stands to be benefited or
injured by the judgment in the suit or entitled to the avails of the
suit.
 If an action is prosecuted or defended in the name of someone who
is not the real party in interest, the defendant may file a motion to
dismiss on the ground of failure to state a cause of action. NOTE: the
ground is not lack of legal capacity to sue.
1|Page
 A real party in interest is the party who stands to be benefited by the
judgment in the suit or the party entitled to the avails of the suit.
 The beneficial users of an electric service have a cause of action
against this distribution utility.
 As a grandchildren, they have no successional rights to the estate of
their grandparents unless by virtue of the right of representation.
The mother or father of these children shall predecease their
grandparents.
 DIFFERENCE BETWEEN REAL PARTY IN INTEREST AND PARTY WITH
LOCUS STANDI.
A real party in interest is the party who stands to be benefited or
injured by the judgment in the suit. Unless otherwise authorized by
the law or by the rules of Court every action must be prosecuted or
defended in the name of the real party in interest. While, a party
with locus standi or legal standing is one with a personal and
substantial interest in a case such that the party has sustained or will
sustain direct injury as a result of the governmental act that is being
challenged.
 The action for reconveyance should have been brought against the
registered owner and not against the attorney-in-fact.
 The real party in interest which may file a case, questioning the
validity of a contract entered into by the city mayor, who is alleged
to have no authority to do so, is the city itself (city council).
 Spouses should be joined if the suit could result in liability being
incurred by the absolute community or the conjugal property. If the
suit would only result in the separate liability of a spouse, the other
spouse should not be joined.
 The failure to join the other spouse is not a jurisdictional defect. It
may be cured by the amendment of the action to recover a sum of
money.
[REMEDIAL LAW REVIEWER ©JEFFREY EGAMEN DY (BARPASSER2020)]
 Under the Family Code, the absolute community of property shall be
liable for debts contracted during the marriage by the designated
administrator-spouse for the benefit of the community. If not for the
benefit of the community, absolute community property shall not be
liable.
 An indispensable party is a party-in-interest without whom no final
determination may be had of an action. While necessary party is one
who is not indispensable but who ought to be joined as a party.
 The Court cannot proceed if the indispensable party is not impleaded
in a suit. However, the SC ruled that it is curable error. Hence, the
court instead of dismissing the case should order the plaintiff to
amend his complaint by impleading the indispensable party or
allowing the intervention of the indispensable party or allowing the
intervention of indispensable party.
 In an action for replevin filed by the mortgagee to recover the
mortgaged chattel in the possession of a third person, the mortgagor
is an indispensable party even if the chattel is in the possession of a
third person.
 An adverse possessor who is not a mortgagor cannot just be
deprived of his possession. Hence, he is also an indispensable party.
 The absence of an indispensable party renders all subsequent actions
of the court null and void for want of authority to act, not only as to
the absent parties but even as to those present.
 The seller of the property is not an indispensable party. The reason is
that when the seller has sold and delivered the property to the
buyer, he has lost any right or interest over the property.
 In an action for cancellation of a transfer certificate of title, the
register of deeds is not an indispensable party but merely a nominal
party who does not need to participate in the proceedings to
adjudicate the rights of the plaintiff and defendant.
2|Page
 In an action to recover a co-owned property, one co-owner alone
may bring the action pursuant to Article 487 of the Civil Code which
provides that any one of the co-owners may bring an action for
ejectment. One co-owner may suffice to file the suit since it is
presumed to have been filed for the benefit of all the co-owners.
Nonjoinder of a party is not a ground for dismissal.
 In a solidary obligation, a creditor may sue all, several or just one of
the solidary debtors.
 In a joint obligation, a creditor may sue one joint debtor for his share
although necessarily that would not afford complete relief to him.
 Once the pleader failed to comply with the court order to implead
the necessary party, he is deemed to have waived his claim against
the necessary parties not included.
 The relationship of a bus owner and a bus driver is solidary since
they are joint tort-feasors. The creditor may proceed against all or
just one of the solidary debtors. When the obligation of the parties is
solidary, neither of the parties is indispensable and the other is not
even a necessary party because complete relief is available from
either.
 In a suit to nullify an existing TCT with an annotated REM, the
mortgagee is an indispensable party, since the mortgagee’s rights
over the property would no longer be known and respected by third
parties. The non-joinder of the mortgagee deprived the trial court of
jurisdiction to pass upon the controversy.
 The filing of a petition for certiorari under Rule 65 does not suspend
the running of the period within which a defendant should answer
the complaint unless a temporary restraining order or preliminary
injunction was issued.
 In an action to annul an OCT issued in the name of the registered
deceased owners, the heirs of such registered deceased owners are
indispensable parties because the cancellation of the OCT would
certainly strip them of their rights over the property.
[REMEDIAL LAW REVIEWER ©JEFFREY EGAMEN DY (BARPASSER2020)]

 Non-joinder of necessary party or indispensable parties is not a
ground for a motion to dismiss. The remedy of the opposing party is
to move that the court order the plaintiff to implead the
indispensable party and if the other side fails to comply then to
move to dismiss under Section 3 Rule 17. The court itself may sua
sponte direct the plaintiff to include the indispensable party. Failure
to comply is a ground for dismissal under Section 3 Rule 17.
 An unwilling co-plaintiff is any party who should be joined as plaintiff
but whose consent to such joinder cannot be obtained. The remedy
if there is an unwilling co-plaintiff is he may be made defendant. The
reason for making him a defendant shall be stated in the complaint.
 The option to implead the unwilling co-plaintiff belongs to the
original plaintiff. He cannot be compelled on the mere
representation of the defendant to implead any one.
 A class suit is a suit brought by or defended by a representative
member or members of a large group of persons on behalf of all the
members of the group.
 Requisites of a class suit: 1) the subject matter of the controversy is
one of common and general interest to the members of a group; and
2) the persons who are members of the group are so numerous that
it is impracticable to join all as parties.
 Any party in interest shall have the right to intervene to protect his
individual interest.
 A class suit is proper when the subject matter of the controversy is of
common or general interest. If each plaintiff has a separate and
distinct claim for damage, class suit is not proper.
 The remedy of the defendant if the class suit is not proper is to file a
motion to dismiss on the ground that the plaintiff has no legal
capacity to sue.
3|Page
 Where the plaintiff is uncertain against who of the several persons
he is entitled to relief, he may join any or all of them as defendants
in the alternative, although a right to relief against one may be
inconsistent with a right to relief against the other.
 Whenever the identity or name of the defendant is unknown, he
may be sued as the unknown owner, heir, devisee, or by such other
designation as the case may require. However, when his identity or
true name is discovered, the pleading must be amended accordingly.
 If a party to a pending action dies and the claim is not thereby
extinguished, it shall be the duty of his counsel to inform the court
within 30 days after such death of the fact thereof and to give the
name and address of his legal representative or representatives.
Failure of counsel to comply with this duty shall be a ground for
disciplinary action.
 Causes of action which survive. The wrong complained of affects
primarily and principally property and property rights, the injuries to
the person being merely incidental.
 Causes of action which do not survive. The injury complained of is to
the person, the property and rights of property affected being
incidental.
 Section 16 Rule 3 allows the substitution of a party-litigant who dies
during the pendency of a case by his heirs, provided that the claim
subject of said case is not extinguished by his death. If the claim n an
action affects property and property rights, then the action survives
the death of a party-litigant.
 The action to claim legitimacy already commenced by the child shall
survive notwithstanding the death of either or both of the parties.
 A formal substitution of heirs is not necessary when they themselves
voluntarily appear, participate in the case, and present evidence in
behalf of the deceased. Strictly speaking, the rule on the substitution
of heirs is not a matter of jurisdiction but a requirement of due
process. Thus when due process is not violated, as when the right of
[REMEDIAL LAW REVIEWER ©JEFFREY EGAMEN DY (BARPASSER2020)]
 the representative or heir is recognized and protected, non-
compliance or belated compliance with the Rules cannot affect the
validity of a promulgated decision. Mere failure to substitute for a
deceased plaintiff is not a sufficient ground to nullify a trial court’s
decision. The alleging party must prove that there was undeniable
violation of due process.
 The failure to substitute the heirs for the deceased defendant
deprived the court of jurisdiction to enforce its decision against
them. Hence, the judgment cannot be enforced against the heirs.
However, if the heirs voluntarily appeared in court and participate in
the proceedings, the defect of lack of substitution is cured.
 Failure of the counsel to inform the court about the death of his
client-defendant would result to a valid and binding decision upon
the deceased representatives or successors in interest.
 The court cannot take judicial notice of the death of a party without
the proper manifestation from counsel, the trial court was well
within its jurisdiction to proceed with the case. It is the duty of the
counsel for the deceased to inform the court of the death of his
client.
The rules operate on the presumption that the attorney for the
deceased party is in a better position than the attorney for the
adverse party to know about the death of his client and to inform
the court of the name and address of his legal representative.
 Indigents shall be exempt from the payment of legal fees.
4|Page
RULE 4. VENUE
 Venue refers to the possible or proper place or places for the trial of
a suit, as among several places where jurisdiction could be
established.
 Jurisdiction deals with the authority of a court to exercise judicial
power, while venue deals with the place where that power should be
exercised.
 In civil cases, venue is not jurisdictional. However, in criminal cases,
it is.
 A real action is an action affecting title to or possession of real
property or interest therein. Any other action is personal action.
 Real actions shall be commenced and tried in the proper court which
has jurisdiction over the area wherein the real property involved, or
a portion thereof, is situated. Forcible entry and unlawful detainer
actions shall be commenced and tried in the MTC of the municipality
or city wherein the real property involved, or a portion thereof, is
situated.
 Personal actions may be commenced and tried where the plaintiff or
any of the principal plaintiffs resides or where the defendant or any
of the principal defendants resides at the election of the plaintiff.
 If any of the defendants does not reside an is not found in the
Philippines and the action affects any property of said defendant
located in the Philippines, the action may be commenced and tried in
the court of the place where the plaintiff resides or where the
property is situated.
 S3 R4 does not apply if the non-resident defendant is found in the
Philippines. In such a case, the general venue rule for real actions will
apply.
 S3 R4 if the non-resident defendant is not found in the Philippines
and the action affects any property of said defendant located in the
[REMEDIAL LAW REVIEWER ©JEFFREY EGAMEN DY (BARPASSER2020)]
 Philippines, the action may be commenced and tried in the court of
the place where the plaintiff resides or where the property is
situated or found.
 S2 R4, in a personal action against a non-resident defendant found in
the Philippines, the action may be commenced and tried where the
plaintiff or any of the principal plaintiffs resides, or where the non-
resident defendant may be found, at the plaintiff’s election.
 A Philippine court cannot acquire jurisdiction over a non-resident
defendant in an action in personam.
 For purposes of venue, the residence of a corporation is its principal
place of business, not its branch office.
 In a collection suit brought by a non-resident plaintiff, as
represented by his attorney-in-fact, the real party-in-interest is the
plaintiff pursuant to S3 R3. Hence the venue should have been laid in
the place where the defendant resides and not where the attorney-
in-fact resides.
 An action for the dissolution of a partnership is a personal and not a
real action, notwithstanding the fact that the main asset of the
partnership was a real property. The sale of the fishpond would
merely be a necessary incident to the liquidation of the partnership.
 Objection on improper venue shall be raised in the answer otherwise
the same is waived.
 The nullification of a Deed of Sale of land is a personal action when
there is no allegation or prayer for the recovery or reconveyance of
the real property.
 A third party complaint is ancillary to the main case. Thus, a third-
party complaint has to yield to the jurisdiction and venue of the main
action.
 The instant action to annul a contract and its accessory REM is a
personal action. An action for cancellation of REM is a personal
5|Page
action if the mortgagee has not foreclosed the mortgage and the
mortgagor is still in possession of the premises as his title to or
possession of the property is not in dispute.
 Under the Rules of Civil Procedure, the venue of real actions shall be
with the proper court having jurisdiction over the area where the
real property involved is situated. An action for annulment of
mortgage is a real action if there has already been a foreclosure
sale.
 The action for annulment of the extrajudicial foreclosure sale of real
property is a real action since there has been a foreclosure sale and
thus the action affects title to the real property mortgaged.
 The action for rescission of the lease contract is a personal action
since the complaint filed by the lessee did not pray for the recovery
of possession of the land. If the lessee prays for the recovery of the
possession of the land, it is now action a real action.
 Rule 4 on venue of actions not applicable in those cases where a
specific rule or law provides otherwise and where the parties have
validly agreed in writing before the filing of the action on the
exclusive venue thereof.
 Exclusive venue stipulation cannot apply in petition for extrajudicial
foreclosure. S4 R4 does not apply since an extrajudicial foreclosure is
not an action.
 The exclusive venue provision was held to be valid by the Supreme
Court.
 The phrase “waiving any other venue” means that the parties have
agreed that the venue of all actions arising from the mortgage shall
be in the place indicated in the REM Deeds.
 If the venue stipulation is not exclusive but merely permissive for it
does not contain the words expressing the intent that Manila is an
exclusive venue, like “exclusively” or “solely”. Hence the filing of the
[REMEDIAL LAW REVIEWER ©JEFFREY EGAMEN DY (BARPASSER2020)]
 case in the City where the residence of plaintiff or defendant is
located is proper.
 Single proprietorship does not possess juridical personality and thus
cannot be a party to a suit.
 The ground of improper venue may be raised by defendant either in
the motion to dismiss or in the answer. Failure to raise it timely is
deemed a waiver of his right to object on improper venue.
RULE 5. UNIFORM PROCEDURE IN TRIAL COURT
Rule on Summary Procedure
 Civil cases that are governed by the Rule on Summary procedure are
the following:
a. Ejectment cases; and,
b. Cases where the amount of the plaintiff’s claim does not exceed
P100k or P200k in Metro Manila, exclusive of interests and cost. Not
however that if the claim falls under the coverage of the Rules of
Procedure for Small Claims Cases, as in those arising from the
contracts of lease, mortgage, loan, services, or sale, it is that rule
which governs. Note also that probate proceedings are not governed
by the Rule on Summary Procedure.
 The pleadings allowed under the Rule on Summary Procedure are
the complaint, compulsory counterclaim, cross-claim, and the
answers thereto. All pleadings must be verified.
 Prohibited pleadings, motions and petitions under the Rule on
Summary Procedure are as follows: 6M(dbp red) TM PIRC
a. Motion to dismiss or quash except where the ground is non-
referral to barangay conciliation and lack of subject matter
jurisdiction
b. Motion for bill of particulars
c. Motion for postponements which are dilatory
d. Motion for reconsideration of a judgment, reopening and new
trial
e. Motion for extension of time to file pleadings or papers
6|Page
f. Motion to declare defendant in default
g. Third-party complaint
h. Memoranda
i. Petition for relief from judgment
j. Intervention
k. Reply
l. Certiorari, prohibition, and mandamus against interlocutory
orders
 The motion for reconsideration prohibited under Sec. 19(c) of the
Rule on Summary Procedure is that which seeks reconsideration of a
judgment rendered by the court after trial on the merits. The
dismissal order is not a judgment on the merits after trial of the case.
 The decision of the RTC in civil cases covered by the Rule on
Summary Procedure shall be immediately executory, without
prejudice to a further appeal that may be taken therefrom.
 The Rules of Procedure for Small Claims shall govern the procedure
before the MTC in actions for payment of money where the value of
the claim does not exceed P200,000, exclusive of interests and costs.
 The MTC shall apply the Revised Rules of Procedure for Small Claims
Cases in all actions which are purely civil in nature, where the claim
or relief prayed for by the Plaintiff is solely for payment or
reimbursement of sum of money. The claim or demand may be for:
a. For money owed under a contract of lease, loan, services, sale,
or mortgage;
b. For liquidated damages arising from contracts;
c. The enforcement of a barangay amicable settlement or an
arbitration award involving a money claim covered by this Rule
pursuant to Section 417 of the LGC.
 Rules of Civil Procedure also apply to small claims cases but only
suppletorily, insofar as they are not inconsistent with the Rules.
 A small claims action commenced by filing with the court an
accomplished and verified Statement of Claims.
[REMEDIAL LAW REVIEWER ©JEFFREY EGAMEN DY (BARPASSER2020)]
 The decisions in small claims cases are final, executory, and
unappealable. An aggrieved party may however resort in appropriate
cases to a special civil action for certiorari in case of grave abuse of
discretion amounting to lack of or excess of jurisdiction.
RULE 6. KINDS OF PLEADING
 Pleadings are the written statements of the respective claims and
defenses of the parties submitted to the court for appropriate
judgment.
 The pleadings allowed by the Rules of Court are the complaint,
counterclaim, cross-claim, third-party complaint, complaint-in-
intervention, answer, and reply. Note that under the Rule on
Summary Procedure, the only pleadings allowed are the complaint,
the compulsory counterclaim, the cross, and the answers thereto.
 A 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.
 An answer is a pleading in which a defending party sets forth his
defenses.
 Defenses may either be negative or affirmative. A negative defense
is the specific denial of the material fact or facts alleged in the
pleading of the claimant essential to his cause or causes of action. An
affirmative defense is an allegation of a new matter which, while
hypothetically admitting the material allegations in the claimant’s
pleading, would nevertheless prevent or bar recovery by him.
 Examples of affirmative defenses: fraud, prescription, release,
payment, illegality, statute of frauds, estoppel, former recovery,
discharge in bankruptcy, and any other matter by way of confession
and avoidance. Note that some of these defenses are also grounds
for a motion to dismiss.
 A co-defendant does not need to serve a copy of the answer against
a co-defendant, except where there is a cross-claim in the answer or
7|Page
in case of S5 R62 in interpleader where the conflicting claimants
should serve a copy of the answer on their co-defendants.
 A counterclaim is any claim which a defending party may have
against an opposing party.
 A counterclaim cannot be set up in a motion to dismiss. The reason is
that unlike in the case of an answer, there are no provisions in the
Rules which provide that counterclaims may be set up in a motion to
dismiss.
 A counterclaim may be asserted against an original counterclaimant.
 The lawyer of the opposing party is himself not a party to the case
and thus a counterclaim is not proper against him.
 A counterclaim may either be compulsory or permissive.
 COMPULSORY COUNTERCLAIM is one which arises out of or is
connected with the transaction or occurrence constituting the
subject matter of the opposing party’s claim and complies with the
other requirements set forth in S7 R6. A PERMISSIVE
COUNTERCLAIM is one which is not a compulsory counterclaim.
 A compulsory counterclaim is termed compulsory because there is
an element of compulsion to set it up. Under Section 2 Rule 9, a
compulsory counterclaim not set up shall be barred. The rule is
designed to achieve resolution of the whole controversy at one time
and in one action and to avoid multiplicity of suits.
 The Supreme Court has stated that if the defendant has a
compulsory counterclaim, he should not file a motion to dismiss but
an answer with a counterclaim, with an affirmative defense pursuant
to S6 R16.
 Payment of filing fees on compulsory counterclaims has been
suspended, while filing fees need to be paid on permissive
counterclaims filed with the RTC.
[REMEDIAL LAW REVIEWER ©JEFFREY EGAMEN DY (BARPASSER2020)]
 A compulsory claim not set up is barred. A counterclaim cannot be
set up in a motion to dismiss. On the other hand, a motion to dismiss
may be set up in an affirmative answer.
 Failure to pay docket fee for permissive counterclaim, the court
should require defendant to pay the necessary docket fee within the
prescribed period.
 The ejectment suit can be raised in a counterclaim. In fact, the
counterclaim for ejectment was compulsory since it was connected
with the transaction or occurrence constituting the subject matter of
the opposing claim.
 Under S7 R6, a counterclaim which arises out of or is connected with
the transaction or occurrence constituting the subject matter of the
opposing party’s claim 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 RTC, the counterclaim may be considered
compulsory regardless of the amount.
 Once a decision has become final and executory, the only jurisdiction
left with the court is to order its execution. To allow the
supplemental hearing would be to amend or alter a final and
executory judgment.
 The dismissal of the main complaint will not result to the dismissal of
the counterclaim pleaded therein.
 The claim to demolish the structure was a compulsory counterclaim
which should have been set up in the injunction case. When the
judgment in the injunction case became final and executory, the
subsequent filing of claim to demolish is deemed barred by res
judicata.
 The defense of res judicata may be raised for the first time even on
appeal.
 A counterclaim of respondent is compulsory since it is connected
with the subject matter of petitioner’s complaint for consolidation. A
8|Page
party cannot be declared in default for failing to answer a
compulsory counterclaim because the issues raised in the
compulsory counterclaim are deemed automatically joined by the
allegations of the complaint.
 The Supreme Court held that a party cannot be declared in default
for failing to answer a compulsory counterclaim, since the issues in
such counterclaim are automatically traversed by the complaint.
 The action for the deficiency does not involve a compulsory
counterclaim. A compulsory counterclaim is one which must be
existing at the time of filing the answer. An After-Acquired
counterclaim is merely permissive. Thus, a party who fails to file a
counterclaim arising out of or connected with the transaction subject
of the plaintiff’s suit but which did not exist at the time said party
files his answer is not barred from filing such claims. He can do so by
supplemental pleading or by separate action.
 CROSS CLAIM. 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
a 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 not set up is deemed barred.
 The cross-claimant is a claiming party while the cross-defendant is a
defending party within the purview of the Rules of Court. The
claiming party may move for default in case of failure to answer of
the defending party.
 The cross-defendant can file an answer to the cross-claim and he
may plead in the answer a counter-claim or a cross-claim.
 When the right to reimbursement arose only after he had served his
answer, his cross-claim is not compulsory but a permissive cross-
claim. Hence, not barred by prior judgment.
[REMEDIAL LAW REVIEWER ©JEFFREY EGAMEN DY (BARPASSER2020)]
 A cross-claim for breach of warranty against eviction arose only after
a final judgment had been rendered in the reconveyance suit. Under
the law on sales, the warranty against eviction cannot be enforced
until a final judgment has been rendered whereby the vendee loses
the thing acquired or a part thereof. The cross-claim is merely
permissive and not compulsory. Hence, the same is not barred.
 A cross-claim filed before the MTC is not subject to a docket fee but
one filed with the RTC is.
 REPLY. A reply is a pleading, the function of which is to deny, 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.
 If a party does not file such reply, all the new matters alleged in the
answer are deemed controverted.
 When a defense is set up in the answer which is based on an
actionable document copied in or attached thereto and the plaintiff
wants to contest the genuineness and due execution of the
document. The plaintiff should file a reply specifically denying under
oath the document’s authenticity and due execution and setting
forth what he claims to be the facts.
 THIRD-PARTY COMPLAINT. A third-party complaint is a claim that
the defendant may file against a person not a party to the action for
contribution, indemnification, subrogation or any other relief, in
respect of his opponent’s claim. The defendant should obtain leave
of court in order to file a third-party complaint.
 FOURTH-PARTY COMPLAINT. A fourth-party complaint is a claim
that the third-party defendant may file against a person not a party
to the action for contribution, indemnification, subrogation or any
other relief, in respect of his opponent’s claim. The third-party
defendant should obtain leave of court in order file a fourth-party
complaint.
9|Page
 A third party complaint is different from a third party claim as to its
nature, who files and its purpose. A third party complaint is a
pleading while a third party claim is not a pleading. The former is
filed by a party to a case while the latter is filed by a stranger.
 A third-party complaint is available only if the defendant has a right
to demand contribution, indemnity, subrogation or any other relief,
in respect of his opponent’s claim.
 Unlike in a compulsory counterclaim or a cross-claim, the filing of a
third-party complaint is not compulsory and has no preclusive effect.
 Where the regional trial court has jurisdiction over the main case, it
also has ancillary jurisdiction over the third-party complaint even
though the amount claimed falls below the jurisdictional amount. A
third-party complaint is merely auxiliary to and is a continuation of
the main action.
 A third-party complaint is ancillary to the main case. Thus a third
party complaint has to yield to the jurisdiction and venue of the main
action.
 A third-party complaint is independent of and distinct from the
complaint. Hence, the judgment on the third-party complaint may
become final and executory without wait for the final determination
of the main case.
 Right to appeal is available in case of disallowance of a third-party
complaint because it disposes the right of the defendant to implead
third party.
 A third-party defendant may allege in his answer defenses that the
third-party plaintiff may have against the original plaintiff’s claim.
[REMEDIAL LAW REVIEWER ©JEFFREY EGAMEN DY (BARPASSER2020)]
RULE 7. PARTS OF A PLEADING
 The parts of the pleadings are as follows:
a. Caption. This sets forth the name of the court, the title of the
action, and the docket number if assigned.
b. Body. The body of a pleading sets forth its designation, the
allegations of the party’s claim or defenses, the relief prayed for,
and the date of the pleading.
c. Signature and address. Must include also the matters stated in
answer to the next question.
 Lawyers as well as prosecutors are required to indicate in the
complaint and information, respectively, their MCLE Compliance
Certificate.
 The court may, in its final judgment, award a claim not alleged, or a
relief different from, or more than that that claimed in the pleading.
The docket fees on such award shall constitute a lien on the
judgment.
 A pleading is verified by an affidavit that the affiant has read the
pleading and that the allegations therein are true and correct of his
personal knowledge or based on authentic records.
 Signature by the lawyer in the pleading is substantial compliance
with the verification requirement.
 FORUM SHOPPING. The act of a party who as a result of an adverse
opinion in one forum, seeks a favourable opinion in another, or who
institutes to or more actions or proceedings grounded on the same
cause, on the gamble that one or the other court would make a
favourable disposition.
 Forum shopping is prohibited because of the vexation caused the
courts and parties-litigants by a party who asks different courts or
administrative agencies to rule on the same or related causes or to
grant the same or substantially the same relief, in the process
creating the possibility of conflicting decisions being rendered by
the different fora upon the same issues.
10 | P a g e
(BARPASSER2020)]
 The SC has held that the test to determine whether there is forum-
shopping is whether the second action may be barred by re judicata
or litis pendens.
 The submission of a false certification against forum shopping is not
a ground for summary dismissal with prejudice. Even the submission
of a false certification of non-forum shopping does not
automatically warrant dismissal of the case, even if it might
constitute contempt of court. There must be motion and hearing.
 The dismissal on the ground of forum shopping would only be with
prejudice if it appears that a party or his counsel wilfully and
deliberately has done forum shopping.
 One of the spouse’s signatures alone is sufficient compliance with
the rule on certification against forum shopping.
 Certification against Forum Shopping needs to be signed by the
party himself since he is in the best position to state the matters
therein. Exception would be the case wherein the party is a juridical
person in which case the lawyer could sign. The lawyer must
however be specially authorized by a board resolution.
 The SC has held that a certification against forum shopping is not
required for asserting a compulsory counterclaim since it is not an
initiatory pleading or incipient application but merely auxiliary to
the main proceeding.
 In verification, the signature of one instead of all the parties would
be sufficient if there is showing that he had sufficient knowledge
and belief to sign the verification.
 A resident agent cannot sign the verification and CFS in behalf in
behalf of a foreign corporation.
 A money claim against the estate is not an initiatory pleading since
the probate proceeding was already initiated upon the filing of the
petition for the allowance of the decedent’s will.
[REMEDIAL LAW REVIEWER ©JEFFREY EGAMEN DY

 Appeal is not available when the dismissal is for failure to comply
with S5 R7, attached CFS, because it is without prejudice and thus it
is Rule 65 and re-filing can be availed of. If the dismissal provided
that it is with prejudice, then appeal would be proper.
RULE 8. MANNER OF MAKING ALLEGATIONS IN PLEADINGS
 Ultimate facts are essential to a claim or defense. A fact is essential
if it cannot be stricken out without leaving the statement of the
cause of action or the defense insufficient.
 Ultimate facts shall be stated in a plain, concise and direct manner
and in a methodical and logical form.
 Insufficiency of one of the alternatives renders the pleading not
insufficient as long as one of the alternative statements is present.
 Under S7 R8 provides that an actionable document is a written
instrument or document on which an action or defense is based
upon.
 The adverse party can contest the genuineness and due execution
of an actionable document by specifically denying under oath the
genuineness an dude execution of the actionable document and set
forth what he claims to be the facts. Otherwise the genuineness and
due execution of the actionable document shall be deemed
admitted.
 Failure to deny admission under oath of an actionable document is
deemed an implied admission of its genuineness and due execution.
 Failure to deny the genuineness and due execution of an actionable
document does not preclude a party from arguing against it by
evidence of fraud, mistake, compromise, payment, statute of
limitations, estoppel, and want of consideration.
11 | P a g e
(BARPASSER2020)]
 Under S8 R8, the requirement of an oath does not apply when the
adverse party does not appear to be a party to the instrument.
 Charge invoices are not actionable documents per se as these only
provide details on the alleged transactions. These documents need
not be attached to or stated in the complaint as these are
evidentiary in nature. Hence, failure to submit a sworn answer is not
tantamount to admission to the genuineness and due execution of
the charge invoices.
 Letter is not an actionable document but an evidentiary document
but evidentiary evidence.
 The verified complaint with a specific allegation that P never sold
the land to D was a substantial traversal of the actionable
document.
 The verified complaint which alleged that the plaintiff did not
consent or know about the sale is a substantial traversal of the
genuineness and due execution of the document. Hence, denial
under oath of the claims in the answer is not necessary.
 The SC has held that a party who impliedly admits the genuineness
and due execution of a document by failing to contest it in
accordance with S8 R8 cannot object to the presentation of a copy.
Answer must be under oath or verified to be a valid denial. Failure
of such constitutes implied admission.
 The allegation of prescription in petitioner’s complaint is a mere
conclusion of law and thus express denial in the answer is not
required.
 It is settled that denials based on lack of knowledge or information
of matters clearly known to the pleader, or ought to be known to it,
or could have easily been known by it are insufficient, and,
constitute ineffective or sham denials.
[REMEDIAL LAW REVIEWER ©JEFFREY EGAMEN DY
 A negative pregnant is a denial of a fact alleged with some qualifying
or modifying circumstance which denial is ambiguous or  D
conjunctive, that is, it cannot be ascertained whether it is the fact or
only the qualification or modification which is denied. The effect is
that the defendant is deemed to have only denied the qualification DECLARATION IN DEFAULT
or modification but not the fact itself which is deemed admitted.
 The defendant will be declared in default when he fails to answer
within the time allowed by the law. The court shall, upon motion of
RULE 9. EFFECT OF FAILURE TO PLEAD the claiming party with notice to the defending party, and proof of
such failure, declare the defending party in default.
 Defenses and objections which are not pleaded either in motion to
dismiss or in the answer are deemed waived. However, when it  Reception of evidence may be delegated to the clerk of court who is
appears from the pleadings or the evidence on record that the court a member of the bar. (S9 R30)
has no jurisdiction over the subject matter, that there is another
action pending between the same parties for the same cause, or
 The motion to declare defendant in default shall be set for hearing.
that the action is barred by prior judgment or by statute of
Note however that under the Rule on Summary Procedure, the
limitations, the court shall dismiss the claim.
court may motu proprio render judgment in favour of the plaintiff if
the defendant fails to timely answer.
 S1 R9 provides that defenses and objections not raised either in the
motion to dismiss or in the answer are deemed waived.
 A party in default shall be entitled to notice of subsequent
proceedings but not to take part in the trial.
 A compulsory counterclaim or a cross-claim that a defending party
has at the time he files his answer shall be contained therein. An
 The defaulted defendant may testify in favor non-defaulted party.
after-acquired counterclaim is merely permissive even if it arises
Nothing in the rules which prohibit him to testify.
from or is connected with the transaction or occurrence constituting
the subject-matter of the opposing party’s claim.
 A judgment rendered against a party in default shall not exceed the
amount or be different in kind from that prayed for nor award
 A counterclaim or a cross claim which either matured or was
unliquidated damages.
acquired by a party after serving his pleading may, with the
permission of the court, be presented as a counterclaim or a cross
claim by supplemental pleading before judgment. The SC also  No defaults are allowed in actions for declaration of nullity of
allowed the setting up of the after-acquired counterclaim in a marriage or for legal separations.
separate action.

 If a compulsory counterclaim or cross claim not set up is made the

subject of a separate action, the remedy of the defendant is to file a
motion to dismiss or answer raising the ground of litis pendentia if
the first case is still pending or the ground of res judicata if the first
case is already final and unappealable.
12 | P a g e [REMEDIAL LAW REVIEWER ©JEFFREY EGAMEN DY
(BARPASSER2020)]
RULE 17. DISMISSAL OF CAUSE OF ACTIONS.
 The plaintiff may file a notice of dismissal or a motion for dismissal
at any time before service of the answer or of a motion for
summary judgment. Upon such notice being filed, the court shall
issue an order confirming the dismissal.

13 | P a g e [REMEDIAL LAW REVIEWER ©JEFFREY EGAMEN DY

(BARPASSER2020)]