Rule 4 -7

Front 1

What are real actions

Back 1

Actionsaffecting: TPI

Titleto

Possessionof real property

Interesttherein

Front 2

WHere file personal action

Back 2

PTF resides

DFNDT resides

if DFNDT non-resident, where found

Front 3

Where file action if non-resident

Back 3

Personal: PTF resides

REal: Property located

Front 4

Rules on venue not applicable

Back 4

Specific rule provides

Parties agree in writing before filing on exclusive venue

Front 5

XPN to MTC proced same as RTC

Back 5

ROSP

Express provision applies to one only

Front 6

what are pleadings?

Back 6

· Writtenstatements of: respective claims & defenses of the parties · Submittedto court for appropriate judgment

Front 7

What pleadings are allowed

Back 7

1. Complaint2. Counterclaim3. Cross-claim4. Third (fourth,etc.)-party complaint5. Complaint-in-intervention6. Answer7. Reply

4CAR

Front 8

WHat is a complaint

Back 8

thepleading alleging plaintiff's cause/s of action.

Front 9

What are the contents of a complaint?

Back 9

NCR

1. Names & residences of PTF and DFNDT

2. Concise statement of the ultimate facts of PTF’s cause of action (not evidentiary facts / legal conclusions)

3. Relief prayed for

Front 10

What is a negative defense?

Back 10

Specific denial of the material fact/s alleged essential to his cause/s of action.

Front 11

What is an answer?

Back 11

Pleadingin which a defending party sets forthhis defenses

Front 12

What is an affirmative defense

Back 12

AHB

1. Allegationof new matter w/c

2. While hypothetically admitting materialallegations in pleading of the claimant·

3. Would prevent / bar recovery by him

Front 13

Example of affirmative defenses

Back 13

PFFRIEDSS-A

Front 14

What is a counterclaim

Back 14

any claim w/c defending party mayhave against an opposing party.

Front 15

What is a compulsory counterclaim

Back 15

(JARET)

1.W/in jurisdiction of the court bothas to amount and nature

2. Arises out of / is connected with transaction /occurrence constituting the subjectmatter of opposing party's claimAND

3. Cognizableby regular court of justice

4. Mustbe existing at time defendantfiles answer (BDO vs. CA)

5. Does notrequire for its adjudication: Presence of thirdparties whom the court cannot acquire jurisdiction.

Front 16

What is a cross claim

Back 16

1. claimby one party against a co-party

2. Arisingout of the transaction / occurrence that is the subject matter of either: Original action / a counterclaim therein.

Front 17

what is a reply?

Back 17

Pleading w/c

1. Deny; or

2. Allege facts in denial or avoidance of new matters (alleged in theanswer)

=No reply, all new matters alleged in answer are deemed controverted

Front 18

Is it mandatory to reply?

Back 18

GR: No, controverted

XPN: Answer based on written instrument / actionable document = has to reply or it is deemed admitted (R8, S8)

Front 19

What is a 3rd, etc. complaint

Back 19

DL-CISA

1. Defending party may file against non-party

2. With leave of court

3. For: CIS0

Contribution, Indemnity, Subrogation, Any other relief in respect of his opponent's claim.

Summons must be served on 3rd party

Front 20

How do you determine WON compulsory counter claim

Back 20

ella of FREL

1/Issues of fact and law largely the same

2. Would res judicata be a bar

3. Same evidence rule?

4. Is there any logical relation between claim and counterclaim

Front 21

Exception to bar on counterclaim not set up

Back 21

1. Matures after filing answer

2. Justice requires, Oversight, inadvertence, excusable negligence, (JOIN) w/ leave of court set up counterclaim by amendment of pleadings

Front 22

How do you bring in new parties?

Front 23

Distinctions betweenAnswer to Counterclaim and Reply

Back 23

A reply is a response to (defenses) answer

Answer to a counterclaim is a response to a cause of action by the defendant against the plaintiff

Reply is generally optional, whereas answer to a counterclaim is generally mandatory under Rule 11 as failure to file an answer to the counterclaim shall render the plaintiff in default on the counterclaim

Front 24

3rd party complaint vs. Bringing new parties

Back 24

1.Sec. 11: Third party complaint – not a party to the main action

2.Sec. 12: Bringing new parties – already a party to the action,brought as other necessary party

Front 25

Caption contains?

Back 25

NNTD

1.Names of the parties (all in the original, just first party in subsequent)

1.Name of the court

2.Title of the action

3.Docket number (if assigned)

Front 26

The body sets forth?

Back 26

ARDD

1. allegation of claims and defenses

2. Relief prayed for

3. Date of pleading

4. its designation

Front 27

Signature of counsel means?

Back 27

It certifies that (to the best of his knowledge,information and belief):

1. Read the pleading

2.There is good ground to support it

3.Not interposed for delay

Front 28

How is a pleading verified?

Back 28

Verifiedby an affidavit. w/c declares that

1. affiant read the pleading; and

2. Allegations are true and correct of his personal knowledge / based onauthentic records

NOT information/belief = unsigned pleading

Front 29

Rule REgarding signing of pleading

Back 29

Every pleading signed by party / counsel stating his address. An unsigned pleading = no legal effect. Court may allow such to be remedied.

Front 30

For cases w/ multiple parties, must all sign the pleading?

Back 30

GR: Yes

XPN: Common interest between them

1.Heirs

2.Spouses and family members (involving the family home)

3.Co-ownership

4.Same transaction

Front 31

Forum shopping

Back 31

1.He has not commenced any action or filed any claim involving the sameissues in any court, tribunal or quasi-judicial agency, and to the best of hisknowledge, no such other action or claim is pending therein 2.If there is such other pending action or claim, a complete statementof the present status 3.If he should learn after that a similar claim is filed/pending, heshall report the fact within 5 days csH

Front 32

Effects of failure to comply w/ forum shopping

Back 32

1.Dismiss w/p prejudice upon motion by other party

2.If false statement – indirect contempt

3.Deliberate forum shopping – dismiss with prejudice and directcontempt

Front 33

Facts w/c can be averred generally

Back 33

JOMP

1. Judgments or decisions

2.Official document or act

3. Malice, intent, knowledge or condition of the mind (MIKO)

4. Conditionsprecedent (Sec.3);

Front 34

Facts w/ specificity

Back 34

CARL-FM

1. capacityof a party to sue / be sued

2. Authorityof a party to sue / be sued in a representative capacity OR

3. Legalexistence of an organized association of persons made a party

4.5. Fraud, Mistake

Front 35

What is an actionable document

Back 35

Writteninstrument / document on w/c an action or defense is based upon

Front 36

2 ways of setting forth AD?

Back 36

1. Attachment

2. copying in

Front 37

How to contest an AD?

Back 37

1. Specific denial under oath

2. Set forth what he claims to be the facts

Front 38

No admission of genuiness and due execution of doc even if not under oath

Back 38

1. Adverse party not party to instrument

2. Order for inspection of document refused

Front 39

Consequences of Admission of Genuine and Due Execution

Back 39

SAWW DeForm

1. Party whose signatureit bears signed it

2. Signed by another forhim and with his authority

3. That at the time itwas signed, it was in words and figures exactly as set out in the pleading ofthe party relying upon it

4. Waives authenticationprocess

5. That the document wasduly delivered

6. formal requisites oflaw waived

Front 40

Which defenses are NOT barred?

Back 40

Fraud

Usury

True nature / intention

Want of Consideration

Illegality of Consideration

Payment/ non-payment

Front 41

Kinds of Specific Denial

Back 41

1. Absolute denial

2. Partial Denial

3. Disavowal of knowledge

Front 42

When may a matter be stricken out?

Back 42

SFRIIS

Sham, false, redundant, immaterial, impertinent, scandalous