SAMBIGKIS 2020 | PRACTICE COURT 2 PRELIM EXAM COVERAGE | Atty.

Benjamin Cabrido | Monday 5:30 – 7:30PM

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PRELIM COVERAGE IN PRACTICE COURT 2 2. It does not require for its adjudication the presence of third parties of
whom the court cannot acquire jurisdiction;
Pleadings Allowed 3. It must be cognizable by the regular courts of justice, and within the
(1) Complaint court’s jurisdiction both as to the amount and the nature. [Sec. 7, Rule
(2) Answer 6]
(3) Counterclaim
(4) Cross-claim In an original action before the RTC, the counterclaim may be considered
(5) Third (fourth, etc.)-party Complaint compulsory regardless of the amount. [Sec. 7, Rule 6]
(6) Complaint-in-intervention
(7) Reply [Sec. 2, Rule 6] Permissive Counterclaim
(8) Counter-counterclaims [Sec. 9, Rule 6] A counterclaim is permissive if it does not arise out of, nor is necessarily
(9) Counter-crossclaims [Sec. 9, Rule 6] connected with, the subject matter of the opposing party’s claim This is not
barred even if not set up in the action.
COMPLAINT
The pleading alleging the plaintiff’s cause/s of action. [Sec. 3, Rule 6] Effect on Counterclaim when Complaint is dismissed

Ultimate Facts are essential facts constituting the plaintiff’s cause of action. A The case may be dismissed, with a counterclaim set up under any of the
fact is essential if it cannot be stricken out without leaving the statement of the following circumstances:
cause of action insufficient. (1) Dismissal under Sec. 6, Rule 16 – where the defendant does not file motion to
dismiss but raises the ground as an affirmative defense
Non-Ultimate Facts: (2) Dismissal under Sec. 2, Rule 17 – where the plaintiff files a motion to dismiss
(1) Evidentiary or immaterial facts; the case, after the defendant had filed a responsive pleading
(2) Legal conclusions, conclusions or inferences of facts from facts not stated, or (3) Dismissal under Sec. 3, Rule 17 – where the complaint is dismissed due to the
incorrect inferences or conclusions fault of the plaintiff
from facts stated;
(3) Conclusions of law alleged in the complaint are not binding on the court. CROSS-CLAIM
(4) The details of probative matter or particulars of evidence, statements of law, Any claim by one party against a co-party arising out of the transaction or
inferences and arguments. occurrence that is the subject matter either of the
original action or of a counterclaim therein. Such cross-claim may include a claim
ANSWER that the party against whom it is asserted is or may be liable to the cross-claimant
The pleading where the defendant sets forth his affirmative and/or negative for all or part of a claim asserted in the action against the cross-claimant. [Sec. 8,
defenses. [Sec. 4, Rule 6] Rule 6]

Kinds of Defenses [Sec. 5, Rule 6] A cross-claim is generally compulsory. A cross-claim not set up shall be barred.
(1) Negative Defenses - Specific denials of the material facts alleged in the [Sec. 2, Rule 9]
pleading of the claimant essential to his cause of action.
(2) Affirmative Defenses - Allegations of new matters which, while
hypothetically admitting the material allegations in the claimant’s pleading,
would nevertheless prevent or bar recovery, by way of confession and avoidance.

A general denial will be deemed an admission of the material averments in the

complaint. [Sec. 11, Rule 8]

Modes of Specific Denial

(1) Specific Absolute Denial – Defendant must specify each material allegation
of fact the truth of which he does not admit, and, whenever applicable, set forth
the substance of matters relied upon to support the denial
(2) Partial Specific Denial - If pleader decides to deny only a part or a
qualification of an averment:
(a) He shall specify so much of it as is true and material
(b) He shall deny the remainder
(3) Denial by Disavowal of Knowledge – The defendant states that he is without
knowledge or information sufficient to form a belief as to the truth of a material
averment; has the effect of a denial [Sec. 10, Rule 8]

Negative Pregnant - a denial pregnant with the admission of the substantial facts
inthe pleading responded to which are not squarely denied. It is in effect an
admission of the averment it is directed to. [Philamgen v. Sweet Lines, G.R. No.
87434 (1993)]\

COUNTERCLAIM
Any claim which a defending party may have against an opposing party. [Sec. 6,
Rule 6]

THIRD (FOURTH, ETC.)-PARTY COMPLAINTS

It is a claim that a defending party may, with leave of court, file against a person
not a party to the action, for contribution, indemnity, subrogation, or any other
Compulsory Counterclaim relief, in respect of his opponent's claim. [Sec. 11, Rule 6]\

Requisites: COMPLAINT-IN-INTERVENTION
1. It arises out of, or is necessarily connected with the transaction or Intervention is a remedy by which a third party, not originally impleaded in a
occurrence, constituting the subject matter of the opposing party's proceeding, becomes a litigant therein to enable him to protect or preserve a right
claim; or interest which may be affected by such proceeding.
SAMBIGKIS 2020 | PRACTICE COURT 2 PRELIM EXAM COVERAGE | Atty. Benjamin Cabrido | Monday 5:30 – 7:30PM
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Pleadings-in-Intervention [Sec. 3, Rule 19]

(1) Complaint-in-intervention – If intervenor asserts a claim against either or all VERIFICATION
of the original parties. A pleading need not be under oath, verified or accompanied by affidavit, unless
(2) Answer-in-intervention – If intervenor unites with the defending p otherwise provided by law or rules. [Sec. 4, Rule 7]

Intervention is never an independent action, but is ancillary and supplemental to Verification is required in the following instances:
an existing litigation, and in subordination to the (1) Pleadings filed in the inferior courts in cases covered by the Rules on
main proceeding. [Saw v. CA, G.R. No. 90580 (1991)] Summary Procedure [Sec. 3, B]
(2) Petition for relief from judgment or order [Sec. 3, Rule 38]
W hen Allowed (3) Petition for review from RTC to the CA [Sec. 1, Rule 42]
Intervention shall be allowed when a person (4) Petition for review from quasi-judicial agencies to the CA [Sec. 5, Rule 43]
has: (5) Appeal by certiorari from the CTA to the SC [Sec. 12, RA 9282 amending
(1) A legal interest in the matter in litigation; or Sec. 19, RA 1125]
(2) A legal interest in the success of any of the parties; or (6) Appeal by certiorari from CA to the SC [Sec. 1, Rule 45]
(3) An interest against the parties; or (7) Petition for annulment of judgments or final orders and resolutions [Sec. 1,
(4) When he is so situated as to be adversely affected by a distribution or Rule 47]
disposition of property in the custody of the court or of an officer thereof. (8) Complaint for injunction [Sec. 4, Rule 58]
(9) Application for appointment of receiver [Sec. 1, Rule 59]
How to Intervene (10) Application for support pendente lite [Sec. 1, Rule 69]
(1) With leave of court, the court shall consider the 2 factors (11) Petition for certiorari against judgments, final orders, or resolutions of
(2) Motion to intervene may be filed at any time before judgment is rendered by constitutional commissions [Sec. 2, Rule 64]
trial court (12) Petition for certiorari [Sec. 1, Rule 65]
(3) Copy of the pleadings-in-intervention shall be attached to the motion and (13) Petition for prohibition [Sec. 2, Rule 65]
served on the original parties (14) Petition for mandamus [Sec. 3, Rule 65]
(15) Petition for quo warranto [Sec. 1, Rule 66]
REPLY (16) Complaint for expropriation [Sec. 1, Rule 67]
The plaintiff’s response to the defendant's answer, the function of which is to (17) Complaint for forcible entry or unlawful detainer [Sec. 4, Rule 70]
deny or allege facts in denial or in avoidance of new matters alleged by way of (18) Petition for indirect contempt [Sec. 4, Rule 71]
defense in the answer and thereby join or make issue as to such new matters. (19) Petition for appointment of a general guardian [Sec. 2, Rule 93]
[Sec. 10, Rule 6] (20) Petition for leave to sell or encumber property of the ward by a guardian
[Sec. 1, Rule 95]
COUNTER-COUNTERCLAIM (21) Petition for declaration of competency of a ward [Sec. 1, Rule 97]
A claim asserted against an original counter-claimant. (22)Petition for habeas corpus [Sec. 3, Rule 102]
(23) Petition for change of name [Sec. 2, Rule 103]
COUNTER-CROSS-CLAIM (24) Petition for voluntary judicial dissolution of a corporation [Sec. 1, Rule 104]
A claim filed against an original cross-claimant. (25) Petition for cancellation or correction of entries in the civil registry [Sec. 1,
Rule 108]

PARTS OF A PLEADING How verified [Sec. 4, Rule 7]

Caption – that part of the pleading which sets forth the:
1. The name of the court;
2. The title of the action (i.e. the names of the parties); and
3. The docket number, if assigned. [Sec. 1, Rule 7]
Body – that part of the pleading which sets forth its designation, the allegations
of party's claims or defenses, the relief prayed for, and its date.
(1) Paragraphs must be numbered, and each paragraph number must contain a
single set of circumstances
(2) Headings should be used if there is more than one cause of action in the
Complaint, and if paragraphs in the Answer address one or more causes of action
from the Complaint.
(3) Should specify relief sought, but it may add a general prayer for such further
or other relief as may be deemed just or equitable; also called the “prayer”
(4) Every pleading shall be dated. [Sec. 2, Rule 7]
By an affidavit declaring that:
(1) That the affiant has read the pleading; and
(2) That the allegations therein are true and correct of his personal knowledge or
based on authentic documents.
FORUM SHOPPING
The repeated availment of several judicial remedies in different courts,
simultaneously or successively, all substantially founded on the same transactions
and the same essential facts and circumstances, and all raising substantially the
same issues, either pending in or already resolved adversely by some other court.
[Asia United Bank v. Goodland Company, Inc., G.R. No. 191388 (2011)]
Test to determine existence of Forum Shopping
Whether in the 2 or more cases pending, there is identity of:
(1) Parties
(2) Rights or causes of action
(3) Relief sought [Huibonhoa v. Concepcion, G.R. No. 153785 (2005)]

Certificate of Non-Forum Shopping (CNFS)

SIGNATURE AND ADDRESS A sworn statement in which the plaintiff or principal party certifies in a complaint
Every pleading must be signed by the party or counsel representing him. The or initiatory pleading:
address must be stated and such address must not be a post office box. [Sec. 3, 1. That he has not commenced any action or filed any claim involving
Rule 7] the same issues in any court or tribunal, and to the best of his
knowledge, no such other action is pending;
An unsigned pleading produces no legal effect. However, the court may allow 2. That if there is such other pending action or claim, a complete
such deficiency to be remedied if it appears that: statement of the present status thereof; and
(1) It was due to mere inadvertence; and 3. That if he should learn that the same or a similar action has been filed
(2) It was not intended for delay [Sec. 3, Rule 7] or is pending, he shall report such fact within 5 days to the court
receiving his initiatory pleading. [Sec. 5, Rule 7]
Effect of Signature of Counsel
This constitutes a certificate by him that: W ho Executes the CNFS
(1) He has read the pleading It is the plaintiff or principal party who executes the certification under oath.
(2) That to the best of his knowledge, information, and belief there is good [Sec. 5, Rule 7]
ground to support it; and
(3) That it is not interposed for delay [Sec. 3, Rule 7]
SAMBIGKIS 2020 | PRACTICE COURT 2 PRELIM EXAM COVERAGE | Atty. Benjamin Cabrido | Monday 5:30 – 7:30PM
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Rationale: The plaintiff, not the counsel, is in the best position to know whether
he or it has actually filed or caused the filing of a petition. Certification signed by CONTENTS [Sec. 3]
counsel without proper authorization is defective, and a valid cause for dismissal. 1. The name, age, residence or business address, and occupation of the
[Anderson v. Ho, G.R. No. 172590 (2013)] witness;
2. The name and address of the lawyer who conducts or supervises the
Verification/CNFS for Corporation examination of the witness and the place where the examination is
The certification must be executed by an officer, or member of the board of being held;
directors, or by one who is duly authorized by a board resolution; otherwise, the 3. A statement that the witness is answering the questions asked of him,
complaint will have to be dismissed. [Cosco Philippines Shipping, Inc. v. Kemper fully conscious that he does so under oath, and that he may face
Insurance, Co., G.R. No. 179488 (2012)] criminal liability for false testimony or perjury;
4. Questions asked of the witness and his corresponding answers,
However, the Court has ruled that a President of a corporation can sign the consecutively numbered, that:
verification and CNFS, without the benefit of a board resolution. It also allowed a) Show the circumstances under which the witness acquired the
the following to sign: facts upon which he testifies;
(1) The Chairperson of the Board; b) Elicit from him those facts which are relevant to the issues that
(2) The General Manager or acting GM; the case presents; and
(3) A personnel officer; and c) Identify the attached documentary and object evidence and
(4) An employment specialist in a labor case. establish their authenticity;
5. The signature of the witness over his printed name; and
Defect Effect 6. A jurat with the signature of the notary public who administers the
oath or an officer who is authorized by law to administer the same.
Not curable by mere amendment
Sworn attestation [Sec. 4]
Failure to comply with the Cause for the dismissal of the case, (1) He faithfully recorded or caused to be recorded the questions he asked and the
requirements without prejudice unless otherwise corresponding answers that the witness gave; and
provided, upon motion and after (2) Neither he nor any other person then present or assisting him coached the
hearing witness regarding the latter's answers.
False Certification Constitutes indirect contempt, without
A false attestation shall subject the lawyer mentioned to disciplinary action,
prejudice to administrative and
Noncompliance with any undertaking including disbarment.
criminal actions
Ground for summary dismissal with OFFER
prejudice
When made
Willful and Deliberate forum shopping Upon the termination of the testimony of his last witness.
Direct Contempt

Cause for administrative sanctions. How made

Party shall immediately make an oral offer of evidence of his documentary or
object exhibits, piece by piece, in their chronological order, stating the purpose or
purposes for which he offers the particular exhibit.
JUDICIAL AFFIDAVIT RULE [AM 12-8- 8-SC]
OBJECTION
SCOPE
Applies to all actions and proceedings, and incidents requiring the reception of When made
evidence before the courts, quasi-judicial bodies, whose rules of procedure are After each piece of exhibit is offered.
subject to disapproval of the Supreme Court, insofar as their existing rules of
procedure contravene the provisions of this Rule, and investigating officers and How made
bodies authorized by the SC to receive evidence, including the IBP [Sec. 1]. Party shall state the legal ground for his objection, if any, to its admission.

SUBMISSION OF JUDICIAL AFFIDAVITS AND EXHIBITS IN LIEU OF The court shall immediately make its ruling respecting that exhibit.
DIRECT TESTIMONIES
1. The parties shall file with the court and serve on the adverse party, Effect of NON-COMPLIANCE (SEC. 10)
personally or by licensed courier service, not later than five days Non-compliant behavior Consequence
before pre-trial or preliminary conference or the scheduled
hearing with respect to motions and incidents, the following: Party’s failure to submit Deemed to have waived the
a) The judicial affidavits of their witnesses, which shall take the submission of the same
place of such witnesses' direct testimonies; and
b) The parties' documentary or object evidence, if any, shall be Note: Court may allow, only once, late
marked and attached to the judicial affidavits submission, provided the delay is for
2. Should a party or a witness desire to keep the original document or valid reason and the defaulting party
object evidence in his possession, he may, after the same has been pays a fine
identified, marked as exhibit, and authenticated, warrant in his judicial
Witness’ failure to appear at scheduled Affidavit shall not be considered by
affidavit that the copy or reproduction attached to such affidavit is a
hearing the court
faithful copy or reproduction of that original. In addition, the party or
witness shall bring the original document or object evidence for Counsel’s failure to appear Deemed to have waived his client’s
comparison during the preliminary conference with the attached copy, right to cross-examine the witnesses
reproduction, or pictures, failing which the latter shall not be admitted. there present

FORM [Sec. 3] Non-compliance with requirements Judicial affidavit cannot be admitted as

(1) Language known to the witness, or if not in English or Filipino with a evidence
translation in English or Filipino
(2) With a sworn attestation executed by the lawyer who conducted or supervised
the examination of the witness ISSUANCE OF SUBPOENA [Sec. 5]
SAMBIGKIS 2020 | PRACTICE COURT 2 PRELIM EXAM COVERAGE | Atty. Benjamin Cabrido | Monday 5:30 – 7:30PM
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If the government employee or official, or the requested witness, who is neither
the witness of the adverse party nor a hostile witness, unjustifiably declines to
execute a judicial affidavit or refuses without just cause to make the relevant
books, documents, or other things under his control available for copying,
authentication, and eventual production in court, the requesting party may avail
himself of the issuance of a subpoena ad testificandum or duces tecum under
Rule 21 of the Rules of Court. The rules governing the issuance of a subpoena to
the witness in this case shall be the same as when taking his deposition except
that the taking of a judicial affidavit shall be understood to be ex parte.
(2) With the stated annexes attached to it.
ANNEXES SERVED ON ADVERSE PARTY
A party required by the rules to serve a copy of his court-bound on the adverse
party need not enclose copies of those annexes that based on the record of the
court such party already has in his possession.
In the event a party requests a set of the annexes actually filed with the court, the
part who filed the paper shall comply withthe request within five days from
receipt.

EFFICIENT USE OF PAPER RULE [AM No. 11-9-4-SC]

FORMAT AND STYLE
All pleadings, motions and similar papers intended for the court and quasi-
judicial body’s consideration and action (court-bound papers) shall:
(1) Be written in single space with one-and-a–half space between paragraphs,
(2) Use an easily readable font style of the party’s choice, of 14-size font, and on
a 13–inch by 8.5- inch white bond paper

All decisions, resolutions and orders issued by courts and quasi-judicial bodies
under the administrative supervision of the Supreme Court shall comply with
these requirements. Similarly covered are the reports submitted to the courts and
transcripts of stenographic notes.

MARGINS AND PRINTS

The parties shall maintain the following margins on all court-bound papers:
(1) Left hand margin of 1.5 inches from the edge;
(2) Upper margin of 1.2 inches from the edge;
(3) Right hand margin of 1.0 inch from the edge;
(4) Lower margin of 1.0 inch from the edge.

Every page must be consecutively numbered.

COPIES TO BE FILED
Unless otherwise directed by the court, the number of court- bound papers that a
party is required or desires to file shall be as follows:
In the Supreme Court,
(1) One original (properly marked) and 4 copies
(2) Two sets of annexes, one attached to the original and an extra copy

If the case is referred to the Supreme Court En Banc,

(1) Parties shall file 10 additional copies.
(2) For the En Banc, the parties need to submit only 2 sets of annexes, one
attached to the original and an extra copy.

All members of the Court shall share the extra copies of annexes in the interest of
economy of paper.

In the Court of Appeals and the Sandiganbayan,

(1) One original (properly marked) and
(2) Two copies with their annexes;

In the Court of Tax Appeals,

(1) One original (properly marked) and
(2) 2 copies with annexes

On appeal to the Court of Tax Appeals En Banc,

(1) One Original (properly marked)
(2) 8 copies with annexes; and

In other courts,
(1) One original (properly marked)