Rondez notes (R)

Handwritten notes (N)

PRIORITIES

JURISDICTION
[ ] Incapable of pecuniary estimation 3R
---- one prayer is capable of PE while the other prayer is incaple of PE, you may do joinder of
causes of action 21N
- its the payment of docket fees that vests the court with jurisdiction. Hindi lang yun filing.
Like na file mo before mag prescribed yun action pero di ka nagbayad ng docket fees, the
defendant can now file a M to dismiss on the ground of? Lack of jurisidiction and
Prescription. 21N
- hindi exempt ang pauper litigant sa payment of DF. Rep of the Philippines lang ang exempt.
- docket fees incorrect? Insufficient?
[ ] Voluntary appearance 2N
- Recognition. You ask the court for something because you know it can grant it to you.
[ ] Filing M to Dismiss on the ground is lack of Jurisdiction is not a voluntary appearance.
3N
- lack of jurisdiction plus other grounds, there is still no VA. You include all grounds available
because of the omnibus motion rule 3N
[ ] Another rule when Jurisdiction can be acquired? 3N
- original actions for CPMQ
[ ] When is an action a Small Claim? 15N
[ ] Amendment to confer Jurisdiction 16A
- this is valid. As when the court has already jurisdiction. Thus, there no more amendment to
confer J that we talk about.
[ ] Sec 8 Rule 40 17N
[ ] Can you assail lack of Jurisdiction collaterally? Yes. 18N
[ ] Remedy if no Jurisdiction? (MAA) 17N 19N
- denied motion to dismiss mo, ano remedy mo? File answer; Appeal and raise it as an issue;
Certiorari
- annulment requires that you did not avail of the usual remedies and that you lost them
without any fault on your part.
[ ] Remember that you can question lack of J at any time even on appeal. But before it is
barred by laches or estoppel. If L or E set in, the action may be validated. 19N

RULE 14 SUMMONS
[ ] Sa summons, iisa lang ang personal service, iabot mo, kung ayaw tanggapin, tender it! Sa
pleading, ang personal service eh iabot mo personally, or sa residence to a person of suitable
age or sa office sa competent person in charge 5N
[ ] Resort to substituted service must accompany proof of attempt at personal serice which
have FAILED 6N
[ ] Service by Publication with leave!
- by motion to. Set forth the grounds. Tatlo. (INR) 7N
- Granting na na publish mo na yun summons. Is the fact of publication sufficient? No, you
also need to send a copy of the Summons, Complaint and the Order granting summons by
publication by registered mail to the defendant to his last known address.
---- grounds 2 at 3 pwede mong isend sa last known address (note Rule 13 Service). Pero yun
ground 1 identity or whereabouts is unknown, you don't know his last known address, so
you just do substituted by delivering a copy to the branch clerk of court 8N
[ ] AM 11-03-06 11N

RULE 1
[ ] Commencement 26A 24N
- once you file your motion to admit attaching there there your amended complaint, the date
you filed that is the date where the action commences. 25N
- when it commences, PP ceases to run.
--- pag na dismiss, PP will run again. Then suspended ulit pag na refile.
--- PAJ 26N
--- pag prescribed na, file ka na ng M to dismiss.

RULE 2 CAUSE OF ACTION

[ ] What is Joinder of COA? 29N
- requisites CNSP 12R
- several parties does not mean that there is already joinder of COA. It only says you need to
comply with joinder of parties 30N
[ ] What is the consequence of misjoinder? 30N Sec 6 Rule 2
- yes court can try it, can rule on it. But the action of the court will only be valid if it has
jurisdiction over that misjoined cause of action 31R
- pag may question about joinder tapos may nakita kang special civil action sa problem, wag
mo agad sabihing di pwedeng joinder of COA kasi baka sa ibang action sa problem pwede
mo pala i joinder. You qualify! Consideration to sa 2nd and 4th requisite. 31N

RULE 3 PARTIES
[ ] Dismissal based on failure to state COA 35N
- ROA where one is absent
- defendant is not NJE
--- ground mo is failure to state COA pero possible na compliant padin siya sa requirement
ng COA which is ROA.
--- pag plaintiff yun hindi NJE, ang ground mo for dismissal is no legal capacity to sue. 14R
- if the plaintiff/defendant is not RPI
[ ] Cross claim, TPC must be in relation to the claim of the plaintiff 36N
- the one who can file TPC is the defending party.
[ ] RPI 36N
- agent must name their principal if the principal is the RPI otherwise action is dismissible
[ ] Indispensable party
- co-owners, lahat sila indispensable parties so they must all be impleaded in an action but
there is a situation when co-owner may sue by himself. 39N
- action proceeds without IP? The judgment will not attain finality.
[ ] Joinder of parties 42N
- common question of fact or common question of law
[ ] Class suit 42N
- exception to compulsory joinder of indispensable parties because madami silang tao
involved
- CS is brought. Anybody who has an interest may intervene! Rule 19
- No class suit can be dismissed or compromised! S2 R17
[ ] Unwilling co-plaitiff 43N
- IP don't want to join. Join him now as an UCP.
- significant para sa signing ng certification
[ ] Suing alternative defendants 44N S13 R3 33R
- although the right to relief against one may be inconsistent with the right to relief against
the other.
[ ] Death of a party 45N
- summons not needed. Their receipt of the order Substitution will bring the representative
within the J of the court.
[ ] Transfer pendente lite 47N
- there must be transfer or interest over the subject matter of the action and it occur while
action is pending.
- action is pending from time of commencement up to finality of judgment.
- TPL becomes a party by operation of law whether or not he is named in the action.
---- in intervention, one is not yet a part but he wants to become a party
- transfer of interest before action, A here is not a TPL. So to protect his right, he must file an
intervention.
[ ] How can you claim that you are an indigent litigant? 48N (gross income; real property;
affidavit)

RULE 4 VENUE
[ ] Waivers as to venue 50N
- when you file M to dismiss and you omit improper venue, you cannot remedy that in your
answer because of OMR. Unlike if don't file M to dismiss, you can incorporate the same in
your answer.
- J over subject matter cannot be waived
[ ] Rules on Venue 51N (RPN)
[ ] Agreement as to venue (WEP) 52N
- for convenience
- several contracts containing different stipulation of venue. Determine which is the principal
contract.
- Caveat! Look first at the angle of splitting COA before going to the matters of venue 54N
- Look at what is being questioned. If the entire contract (which contains stipulations as to
venue) is being questioned, you disregard the stipulation as to venue. Like sabi niya, hindi
ako ang pumirma niyan.
- venue is only jursdictional in criminal cases 55N

RULE 6, 7, 8, 9, 10, 11, 12

[ ] Certification against FS definition 30R
- you put a counter claim, cross claim in your answer, that is now an initiatory pleading so
you put a certification. You also verify! 58N
[ ] Requisites for a valid motion 49R
[ ] CCC/PCC
- Issue as to jurisdiction. If you counter claim in the MTC, then your CC should be within the
jurisdiction of the MTC. Pag RTC pwede lang! It doesn't matter. 61N
- When you file a PCC, you need to pay DF because it is a separate action.
- When it is a PCC, answer is required otherwise you may be declared in default!
- Other persons may be ordered to be impleaded if jurisdiction over them can be obtained.
62N
[ ] Alternative causes of action 63N
- don't confuse this with Joinder of causes of action. Dito sa joinder, madami ka causes of
action. While dito sa Alternative COA, madami ka lang ground which allow you to plead
your Cause of action (singular).
- you prove your Alternative COA, you were only able to prove one of them? That is
sufficient. The pleading is not made insufficient by the insufficiency blah blah 33R
- sa partial default dapat they are sued under a common cause of action
[ ] Actionable document 35R
- not only (1) denial, it must also be (2) under oath. Lacking one? It amounts to an admission.
BUT, you can still interpose defenses not inconsistent with the implied admission 35R
[ ] You are suing as a representative of another, there must be statement as to the authority of
a party to sue or be sued in a representative capacity. Otherwise, dismissal on the ground of
failure to state COA. 64N
- this is can be cured by amendment
[ ] Striking out a pleading or matter therein (sham, false, redundant, immaterial) 36R 66N
- if contained in the complaint, motion to strike out must be filed before answer is filed!
- if no reply is to be filed, you move to strike out the answer or matter contained therein
within 10days from the time the answer is served upon you.
[ ] Partial default 37R 78N
- must be sued on a common cause of action
[ ] Remedies of defaulted defendants
- remember that a denial of a motion can be subjected to a MR. Motion is an Interlocutory
order. You can't appeat that. So you do certiorari. But prior to filing of certiorari, you need to
file an MR. So there is no doubt that MR is a remedy for the denial of a motion. 83N
[ ] Motu proprio dismissal
- lack of Jurisdiction
- pendency of another between the same parties for the same cause
- bar by prior judgment
- statute of limitations
- fails to appear on presentation of evidence in chief
- fails to prosecute his action for unreasonable lenght of time
- fails to comply with the rules of court or any order of the court
[ ] Amendment 68N
- no prejudice? Formal. There is prejudice, substantial.
- cannot be be done if purpose is to Delay; Confer J; cure defect of non existent COA 68N
- File Amendment before a responsive pleading. So reply is not filed. When can you amend
your answer? Do it within 10days from service of the answer. Even if reply is not filed kasi, all
new matter are deemed controverted so as if may reply pa din na na file. If you file it on the
11th day from service of the answer, leave of court is now required! 68N
- M to dismiss is not a responsive pleading. So you know what will happen. 39R
- Amendment can be done to: (CA) 71N
- claims or defenses not found in the amended pleading are waived
- admissions will remain as admissions if they are not removed in the AP
[ ] The date of filing of the amended pleading does not retroact to the date of filing of the
original pleading 69N
- iba ang Filing sa Commencement.
- Original Pleading filed on Sep 15. Amended pleading filed on Sep 23. Commencement of
action against the defendant is upon the filing of the original complaint Sep 15. While if
another defendant is added in the form of an amended pleading, the action against him is
commenced on Sep 23. Significant to sa prescription! 70N
[ ] The following can be cured by an amendment:
1. pleading states no COA
---- the answer should be filed within 15days from receipt of the amended complaint.
2. lack of legal capacity to sue
- you state the basis of the existence of the party you are suing.
[ ] If there is no compliance with the order of the court for you to file B of Particulars, the
court may strike out your pleading. 73N
- Pag complaint ang na strike entirely, as if dismissed na kasi wala ka ng complaint. Pag
strike ang na strike entirely, alam mo na mangyayari XD
- Note dismissal on the ground of failure to comply with the order of the court. Rule 17
[ ] Going back to requisites of COA. There is a cause of action. It lacks particularity. If the
situation presented is kulang ng requisites for COA like walang 'right'. Kahit na it lacks
particularity, you don't file M for Bill of particulars, you file a M to dismiss on the ground of
failure to state COA. 74N
[ ] CCC and Cross claim not set up in aswer is waived. This however is not absolute! 36R 76N
- if it arises after the filing of an answer? Supplemental pleading
- if its due to failure is due to oversight, inadvertence? Amendment with leave of court before
judgment
[ ] Remedies of Defaulted defendants 79N
- MSA MNT APPEAL, this are the point where your remedies are successive and in the
alternative. Appeal does not require you to file MSA neither does it require you to file MNT.
[ ] Pag gusto mong i avail ang certiorari, ask yourself this question first, Am i left without
any remedy? Because like if your M to dismiss is denied, can you go on certiorari saying that
there there is grave abuse of discretion? No because you have a remedy and that is to file
your answer. Yes, certiorari, the ground is there is grave abuse of discretion, but still babalik
tayo sa question, are you left without any remedy? No. You have answer as a remedy!
[ ] If your M to dismiss is dismissed, you can appeal or refile that!
- There is no re-filing if the grounds are Res judicata, Statute of limitations, Claims has PWAE,
Claims which the action is founded is unenforceable. You can ONLY appeal this!
[ ] Pretrial brief is mandatory. File this at least 3days before the scheduled pretrial. No pretrial
brief, no appearance!
- if pretrial is to be set, notice must be sent to the parties or counsel. If party is represented by
counsel, then it is notice to counsel. Note that, it is not the counsel who is required to attend,
it is the parties who should appear in the pretrial.
- parties may also be unable to attend pretrial. There must now be authorization of another
person to appear. Note the requirement for written authorization. If authorization is defient,
as if there is no authorization. If there is no authorization, there is no appeance.
[ ] Pretrial Order. Everything that happens in the pretrial will be contained in the PT order.
There can also be comments to the PT order. If there is no comment, the PT order stands.
There can no more be amendment to the PT order. PT order will define the subsequent
course of the proceedings! Evidence not listed in the PT order, you can properly objected to
that. Absent any manifest injustice, the court will stick to the PT order.

DISTINCTIONS
[ ] Verification vs Certification 32R SRCNS
[ ] Amendment vs Supplemental 40R FAS
[ ] CCC vs PCC 26R ABAI
[ ] Failure to state COA or no COA vs Lack of COA 52R IRA

WITH AND WITHOUT PREJUDICE

Deficiency in payment of Docket fee is tainted with Bad Faith or intent to defraud.
- dismiss.

Lack of certification
- without prejudice unless otherwise provided.

Deliberate forum shopping

- summary dismissal with prejudice and shall constitute direct contempt as well as cause for
administrative sanctions

Fails to appear on the date of the presentation of his evidence in chief;

Fails to prosecute his action for unreasonable length of time;
Failure to comply with an order of the court
- with prejudice unless the court says otherwise.

The striking out of a complaint by the lower court upon motion of the defendant for
failure of the plaintiff to comply with the order requiring him to submit a bill of
particulars as a ground of dismissal is.
- with prejudice unless the court states otherwise.

Upon filing a notice of dismissal and issuance by the court of order confirming the
dismissal.
- dismissed without prejudice unless the court states otherwise.

2 dismissal rule
- with prejudice

Upon filing a motion to dismiss and subsequent approval by the court.

- dismissed without prejudice unless otherwise stated

Plaintiff failed to appear at pretrial despite due notice.

- dismissed with prejudice unless otherwise ordered by the court.
---- Note that failure to file pretrial brief has the same effect as failure to appear.

There are 3 stages in every great work of God:

- First it is impossible
- Second it is hard
- Third it is done