I. A.M. No.

11-9-4-SC EFFICIENT USE OF PAPER RULE: ● Actions involving title/possession of real

property where assessed value exceeds
- This rule shall apply to all courts and quasi-judicial bodies under the 20K/50K
administrative supervision of the Supreme Court. ● Actions in admiralty & maritime jurisdiction
- a) All pleadings, motions and similar papers intended for the court where demand/claim exceeds 300K/400K
and quasi-judicial body’s consideration and action (court-bound ● Probate proceedings where gross value of
papers) shall written: 1.) in single space​; with ​2.) one-and-a –half estate exceeds 300K/400K
space between paragraphs​; using an ​3.) easily readable font style ● Actions involving the contract of marriage
of the party’s choice​; of ​4.) 14-size font​; and on a ​5.) 13 –inch by and marital relations
8.5- inch white bond paper​; ● Cases not falling within EJ of any court,
b) All decisions, resolutions and orders issued by courts and tribunal, person or body exercising judicial
quasi-judicial bodies under the administrative supervision of the or quasi-judicial functions
Supreme Court shall comply with these requirements. Similarly ● Civil actions and special proceedings falling
covered are the reports submitted to the courts and transcripts of within the exclusive original jurisdiction of a
stenographic notes. Juvenile and Domestic Relations Court and
- The parties shall maintain the following margins on all court-bound of the Court of Agrarian Relations as now
papers: a left hand margin of 1.5 inches from the edge; an upper provided by law
margin of 1.2 inches from the edge; a right hand margin of 1.0 inch ● Other cases where demand or value of
from the edge; and a lower margin of 1.0 inch from the edge. Every property in controversy exceeds 300K/400K
page must be consecutively numbered. RTC: CRIMINAL
- Unless otherwise directed by the court, the number of court- bound EXCLUSIVE ORIGINAL
papers that a party is required or desires to file shall be as follows: ● All criminal cases not within the exclusive
1. SC - 1 original and 4 copies unless SC en banc - 10 additional jurisdiction of any court, tribunal or body
copies. Only 2 sets of annexes. EXCLUSIVE APPELLATE
2. CA - 1 original and 2 copies with their annexes attached. ● All cases decided by lower courts in their
3. CTA - 1 original and 2 copies with their annexes attached respective territorial jurisdictions
unless CTA en banc - 1 original and 8 copies with annexes.
4. Other courts - 1 original with annexes attached. MTC: CIVIL
● Probate proceedings, testate and intestate,
II. KINDS OF PLEADINGS including the grant of provisional remedies
a. Initiatory pleadings in proper cases, where the value of the
1. Where to file? Jurisdiction of 1st and 2nd level personal property, estate, or amount of the
courts. demand does not exceed 300k/400k
RTC: CIVIL ● Forcible entry
● Actions not capable of pecuniary estimation ● Unlawful detainer
 ● Actions involving title to, or possession of, - where none of the accused holds a
real property, or any interest therein where position of salary Grade “27” and
the assessed value of the property or higher.
interest therein does not exceed 20k/50k
Delegated
● Cadastral and land registration cases 2. ​Third (fourth) party complaint
- No controversy or opposition, and - A third (fourth, etc.) party complaint is a claim that a
- Contested lots valued not more defending party may, with leave of court, file against a
than 100K person not a party to the action, called the third (fourth,
etc.) party defendant, for contribution, indemnity,
MTC: CRIMINAL subrogation or any other relief, in respect of his opponent's
● All violations of city or municipal ordinances claim.
committed within their respective territorial
jurisdictions; b. Responsive pleadings
● All offenses punishable with imprisonment 1. When to file?
of not more than 6 years irrespective of the - The defendant shall file his answer to the complaint within
amount of fine fifteen (15) days after service of summons, unless a
● All cases of damage to property through different period is fixed by the court. (Rule 11, section 1)
criminal negligence
- regardless of other penalties and 2. Answer with compulsory counterclaim.
the civil liabilities arising therefrom - A compulsory counterclaim is one which, being cognizable
● All offenses committed by public officers by the regular courts of justice, arises out of or is connected
and employees in relation to their office, with the transaction or occurrence constituting the subject
including those employed in matter of the opposing party's claim and does not require
government-owned or controlled for its adjudication the presence of third parties of whom
corporations the court cannot acquire jurisdiction. Such a counterclaim
- except violations of RA 3019 & RA must be within the jurisdiction of the court both as to the
1379 amount and the nature thereof, except that in an original
- except Articles 210 – 212 of the action before the Regional Trial Court, the counterclaim
Revised Penal Code may be considered compulsory regardless of the amount.
● All offenses committed by private (Rule 6, section 7)
individuals charged as co-principals,
accomplices or accessories 3. Answer with permissive counterclaim
- punishable with imprisonment of - It is permissive "if it does not arise out of or is not
not more than 6 years; or necessarily connected with the subject matter of the
opposing party's claim." A permissive counterclaim is
 essentially an independent claim that may be filed - An unsigned pleading produces no legal effect
separately in another case. unless allowed by court.
4. Verification
c. Cross-claim - Except when otherwise specifically required by law
- A cross-claim is any claim by one party against a co-party or rule, pleadings need not be under oath, verified
arising out of the transaction or occurrence that is the or accompanied by affidavit.
subject matter either of the original action or of a - A pleading is verified by an affidavit that the affiant
counterclaim therein. Such cross-claim may include a claim has read the pleading and that the allegations
that the party against whom it is asserted is or may be liable therein are true and correct of his knowledge and
to the cross-claimant for all or part of a claim asserted in the belief.
action against the cross-claimant. (Rule 6, section 8) 5. Certification against forum shopping
d. Reply - The plaintiff or principal party shall certify under
- A reply is a pleading, the office or function of which is to oath in the complaint:
deny, or allege facts in denial or avoidance of new matters 1. That he has not theretofore commenced
alleged by way of defense in the answer and thereby join or any action or filed any claim involving the
make issue as to such new matters. If a party does not file same issues in any court, tribunal or
such reply, all the new matters alleged in the answer are quasi-judicial agency and, to the best of his
deemed controverted.​ ​(Rule 6, section 10) knowledge, no such other action or claim is
pending therein
III. PARTS OF A PLEADING (RULE 7) 2. If there is such other pending action or
1. Caption claim, a complete statement of the present
- Name of the court, the title of the action, and the status thereof.
docket number if assigned. 3. If he should thereafter learn that the same
- The title of the action indicates the names of the or similar action or claim has been filed or is
parties. They shall all be named in the original pending, he shall report that fact within five
complaint or petition; but in subsequent pleadings, (5) days therefrom to the court wherein his
it shall be sufficient if the name of the first party on aforesaid complaint or initiatory pleading
each side be stated with an appropriate indication has been filed.
when there are other parties. - Failure to comply with the foregoing requirements
2. Body shall not be curable by mere amendment of the
- Allegations whether claims or defenses, reliefs, date complaint or other initiatory pleading but shall be
of the pleading. cause for the dismissal of the case without
3. Signature and address prejudice, unless otherwise provided, upon motion
- Every pleading must be signed by the party or and after hearing.
counsel representing him, stating in either case his
address which should not be a post office box.
CASES: Zamora vs Quinan
Jacinto vs Gumaru GR NO. 216139
GR NO. 191906 Nov. 29, 2017
June 2, 2014 By: Madrid
By: Madrid
Topic: Certificate on non-forum shopping
Topic: Certificate on non-forum shopping Petitioners: Bernardo Zamora
Petitioners: Joselita Jacinto Respondents: Emmanuel Quinan
Respondents: Edgardo Gumaru Jr.
DOCTRINE: Forum shopping exists "where a party attempts to obtain a preliminary
DOCTRINE: If, due to justifiable reasons, the party-leader or petitioner is unable to sign the injunction in another court after failing to obtain the same from the original court."
certification on non-forum shopping, he must execute a SPA designating his counsel to sign on
his behalf. FACTS:
- Respondent filed in the RTC Cebu branch 9 a petition for the issuance of a new duplicate
FACTS: Cert of Title. This was granted.
- In a labor case between petitioner and respondent, respondent Gumaru won. - Petitioner now files in the RTC Cebu branch 19 a complaint for reconveyance of title against
- Petitioner Jacinto appealed in the NLRC but the appeal was not perfected so a writ of respondent.
execution was granted. - Pending resolution, petitioner commenced another action in the CA for the annulment of
- Petitioner went up to the CA on certiorari. The Petition contained a verification and judgment of the RTC Cebu branch 9 granting the Cert of Title to respondent.
certification of non–forum shopping that was executed and signed not by petitioner, but by - Then again, petitioner commenced the same action in the CA for the 2nd time.
his counsel Atty. Ronald Mark S. Daos. - RTC Cebu branch 19 dismissed the complaint of petitioner on the ground of forum
- CA denied the action ruling that petitioner violated the rules on verification and certification shopping.
of non-forum shopping. - CA likewise dismissed petitioner’s action.
- Essentially, petitioner argued that if, for reasonable or justifiable reasons, a party is unable
to sign the verification and certification against forum–shopping, he could execute a special ISSUE:
power of attorney authorizing his lawyer to execute the verification and sign the certification W/N petitioner has committed forum shopping.
on his behalf.
- Which is exactly what petitioner did: he executed a special power of attorney in favor of his HELD/RATIO: YES​. ​Duh.
counsel, Atty. Daos, authorizing the latter to file the Petition in CA and thus sign the - Jurisprudence has recognized that forum shopping can be committed in several ways:
verification and certification against forum–shopping contained therein. Petitioner asserts 1. filing multiple cases based on the same cause of action and with the same prayer,
that, going by the dispositions of the Court in past controversies, the said procedure is the previous case not having been resolved yet (where the ground for dismissal is
allowed. litis pendentia)
2. filing multiple cases based on the same cause of action and the same prayer, the
ISSUE: previous case having been finally resolved (where the ground for dismissal is res
W/N, by virtue of a SPA, an attorney is empowered to sign the verification and certification judicata)
on non-forum shopping. 3. filing multiple cases based on the same cause of action but with different prayers
(splitting of causes of action, where the ground for dismissal is also either litis
HELD/RATIO: YES pendentia or res judicata).
- It is true, as petitioner asserts, that if for reasonable or justifiable reasons he is unable to - The test for determining forum shopping is whether in the two (or more) cases pending,
sign the verification and certification against forum shopping in his CA Petition, he may there is identity of parties, rights or causes of action, and reliefs sought.
execute a special power of attorney designating his counsel of record to sign the Petition on - Ultimately, what is truly important to consider in determining whether forum-shopping
his behalf. exists or not is the vexation caused the courts and parties-litigant by a party who asks
- The SC ruled that for defects in the Verification, the court may order its submission or different courts and/or administrative agencies to rule on the same or related causes and/or
correction or act on the pleading if the circumstances warrant a suspension of the rules. to grant the same or substantially the same reliefs, in the process creating the possibility of
- However, in Certifications against forum shopping, it must be executed by the conflicting decisions being rendered by the different fora upon the same issue.
party–pleader, not by his counsel. ​If, however, for reasonable or justifiable reasons, the - A review of the cases, as well as the remedies sought by petitioner in the RTC, as well as in
party–pleader is unable to sign, he must execute a Special Power of Attorney designating his the CA shows that petitioner has, indeed committed forum shopping. There is identity of
counsel of record to sign on his behalf causes of action, parties and reliefs sought in the action he filed for the reconveyance of
properties before the RTC and the petition for annulment of judgment filed before the CA.