Jordan Myc V.

Villamor Civil Procedure University of Santo Tomas

2AA Take Home Quiz November 11, 2023

I. THQ #04
1. What is the basis of the Supreme Court in promulgating A.M. No. 19-10-20-SC?
The basis for promulgating A.M. No. 19-10-20-SC, the proposed amendments to the
Rules of Civil Procedure, is to update the 2019 Proposed Amendments to the 1997 Rules
to incorporate the technological advances and developments in law, jurisprudence, and
international conventions.
2. What is the applicability of A.M. No. 19-10-20-SC? Can it be given retroactive
effect?
A.M. No. 19-10-20-SC shall apply in all the courts except as otherwise provided by the
Supreme Court. It shall not apply to election cases, land registration, cadastral,
naturalization and insolvency proceedings, and other cases not herein provided for,
except by analogy or in a suppletory character and whenever practicable and convenient.
Generally, laws shall have no retroactive effect unless the contrary is provided (curative
in nature or creates new rights).
3. What are pleadings? Enumerate the pleadings allowed in Civil Procedure and
briefly explain each.
Complaint: pleadings that allege the plaintiff’s or claiming party’s cause or cause of
action. [Sec. 3, Rule 6, ROC, as amended]
Answer: those in which the defending party sets forth affirmative or negative defenses.
[Sec. 4, Rule 6, ROC, as amended]
Counterclaim: any claim that a defending party may have against an opposing party.
[Sec. 6, Rule 6, ROC, as amended]
Cross-claim: any claim by one party against a co-party arising out of the occurrence that
is the subject matter of either the original action or a counterclaim. [Sec. 8, Rule 6, ROC,
as amended]
Reply: a pleading with the function to deny, or allege facts in denial, or avoidance of new
matters alleged in, or relating to, said actionable document. [Sec. 10, Rule 6, ROC, as
amended]
Rejoinder: the defendant’s answer to the plaintiff’s replication.
Third-party (fourth-party, etc.) Complaint Counter-claim: a claim that a defending
party may, with leave of court, file against a person not a party to the action, called the
third (fourth, etc.) party defendant, for contribution, indemnity, subrogation, or any other
relief, in respect of their opponent's claim. [Sec. 11, Rule 6, ROC, as amended]
Complaint-in-intervention: A pleading filed to assert a claim against either or all of the
original parties. [Sec. 3, Rule 19, 2019, ROC, as amended]

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2AA Take Home Quiz November 11, 2023

4. What are the kinds of defenses? Enumerate the affirmative reasons. Explain the
Rules on Affirmative Defenses.
The kinds of defenses are Affirmative and Negative Defenses. Under Sec. 5 (b), Rule 6
of the Rules of Court, an Affirmative Defense is an allegation of a new matter which,
hypothetically admitting the material allegations in the claimant's pleading, would prevent
or bar recovery by him. Under Sec. 5 (b), Rule 6, 2019 Revised Rules on Civil Procedure,
affirmative defenses shall be limited to the following:
a. Fraud
b. Statute of Limitations
c. Release
d. Payment
e. Illegality
f. Statute of Frauds
g. Estoppel
h. Former Recovery
i. Discharge of Bankruptcy
j. Any other matter by way of confession or avoidance
k. Grounds for the dismissal of the complaint
And under Sec. 12, Rule 8 of the 2019 Revised Rules on Civil Procedure:
a. the court has no jurisdiction over the person of the defending party
b. the venue is improperly laid
c. the plaintiff has no legal capacity to sue
d. the pleading asserting the claim states no cause of action
e. a condition precedent for filing the claim has not been complied with
Raising affirmative defenses does not lead to accepting the court’s jurisdiction; praying
for affirmative relief is considered a voluntary appearance and acquiescence to the court's
jurisdiction.
5. Differentiate compulsory from permissive counterclaim.
Compulsory counterclaims arise out of the occurrence that is the subject matter of the
opposing party’s claim. [Sec. 7, Rule 6, ROC, as amended] It does not require the
presence of third parties of whom the court cannot acquire jurisdiction for its adjudication.
[Sec. 4, Rule 6, ROC, as amended]
Meanwhile, Permissive counterclaims do not arise out of the subject matter of the
opposing party’s claim; there is an absence of a logical connection with the subject matter
of the complaint. Unlike compulsory counterclaims, it may require the presence of third
parties over whom the court cannot acquire jurisdiction for its adjudication.
6. Explain the rules on:
i. Cross-Claim
Under Sec. 8, Rule 6, ROC, Crossclaims require a claim by one party against a co-party,
which must come from the subject matter of the complaint or the counterclaim, and the

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2AA Take Home Quiz November 11, 2023

cross-claimant is prejudiced by the claim against him by the opposing party. In general, if
a Crossclaim were not set up, it would be barred unless it arises after an answer or is
omitted.
ii. Counterclaims
Counterclaims may be compulsory or permissive; under Sec. 6, Rule 6 of the Rules of
Court, any claim a defending party may have against an opposing party qualifies as a
counterclaim. If an action is dismissed, the counterclaim shall remain, given in the
following instances: 1) if the defendant has pleaded a counterclaim before the service
upon them of the plaintiff’s motion to dismiss [Sec. 2, Rule 17, ROC, as amended], and
2) if the dismissal is due to the fault of the plaintiff. [Sec. 3, Rule 17, ROC, as amended]
iii. Reply
According to Sec. 10, Rule 6 of the Rules of Court, the plaintiff may file a reply only if the
defending party attaches an actionable document to his answer.
iv. Rejoinder
A rejoinder is limited to an actionable document attached to the reply under Sec. 10, Rule
6 of the Rules of Court, the defendant may file a rejoinder if the same is based solely on
an actionable document.
v. Third (Fourth, etc.) Party Complaint
It is proper when none of the third-party defendants is a party to the main action; when
such a complaint is filed, it is not needed that it is based on the same theory as the one
in the main complaint; it may be a different theory on its own. Under Sec. 11, Rule 6 of
the Rules of Court, if the third-party defendant cannot be located within 30 calendar days
from the grant of such leave, or the matters raised are irrelevant to the issue in the
principal case. It will be dismissed if the effect would be to introduce a new and separate
controversy.
7. What are the parts and contents of a pleading? Explain.
a. Caption [Sec. 1, Rule 7, ROC, as amended]
It sets the 1) Name of the Court, 2) Title of the action, and 3) the Docket number, if
assigned. The action's title indicates the parties' names, as indicated in the original
complaint or petition. However, in subsequent pleadings, it shall be sufficient if the first
party's name on each side is stated with an appropriate indication when there are other
parties.
b. Body: sets forth its designation, the allegations of the party’s claims or
defenses, the relief prayed for, and the date of the pleading:
i. Paragraphs: The allegations in the body of a pleading shall be
divided into paragraphs numbered as to be readily identified and may
be referred to in all succeeding pleadings.
ii. Headings
iii. Relief: states the relief sought, but it may add a general prayer or
other relief deemed just or equitable
iv. Date

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2AA Take Home Quiz November 11, 2023

c. Signature and Address

Signed by the plaintiff or counsel representing the former, they have read the pleading
and document to the best of his or her knowledge, information, and belief.
d. Verification
Verified by an affidavit, intended to secure an assurance that the allegations in a pleading
are true and correct, not the product of the imagination or a matter of speculation, and
that the pleading is filed in good faith.
e. Certification Against Forum Shopping
A mandatory requirement in filing a complaint and other initiatory pleadings asserting a
claim or relief. [Sec. 5, Rule 7, ROC, as amended]
f. Names of witnesses who will be presented to prove a party’s claim or
defense
g. Summary of the witnesses’ intended testimonies provided that the judicial
affidavits of said witnesses shall be attached to the pleading and form an
integral part thereof
h. Documentary and object evidence supporting the allegations contained in
the pleading.

8. Explain the rules on the signature of a counsel in a pleading.

Signed by the plaintiff or counsel representing the former, they have read the pleading
and document to the best of his or her knowledge, information, and belief, formed after
an inquiry reasonable under the circumstances:
a. It is not being presented for any improper purpose, such as to harass, cause
unnecessary delay, or needlessly increase the cost of litigation;
b. The claims, defenses, and other legal contentions are warranted by existing
law or jurisprudence or by a non-frivolous argument for extending,
modifying, or reversing existing jurisprudence;
c. The factual contentions have evidentiary support or, if specifically so
identified, will likely have evidentiary support after availing of the modes of
discovery under these rules; and
d. The denials of factual contentions are warranted on the evidence or, if
specifically so identified, are reasonably based on belief or a lack of
information. [Sec. 3, Rule 7, ROC, as amended]

9. What is a verification? Explain the rules for verification.

Verification takes effect by an affidavit of an affiant duly authorized to sign said
verification. The authorization of the affiant to act on behalf of a party should be attached
to the pleading and shall allege the following attestations:
a. The allegations in the pleading are true and correct based on his or her
knowledge or based on authentic documents.
b. The pleading is not filed to harass, cause unnecessary delay, or needlessly
increase the cost of litigation.

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Jordan Myc V. Villamor Civil Procedure University of Santo Tomas
2AA Take Home Quiz November 11, 2023

c. The factual allegations therein have evidentiary support or, if specifically so

identified, will likewise have evidentiary support after a reasonable opportunity
for discovery.
The affiant's signature shall further serve as a certification of the truthfulness of the
allegations in the pleading. [Sec. 4, Rule 7, ROC, as amended]
10. Explain the rules on certification against forum shopping.
Under Sec. 5, Rule 7 of the Rules of Court, the certification against forum shopping is
mandatory in filing a complaint and other initiatory pleadings asserting a claim or relief.
The certification against forum shopping is only required in a complaint or other initiatory
pleading. [Sec. 5, Rule 7, ROC, as amended]
11. How do you plead the following:
a. Condition Precedent
Matters that must be complied with before a cause of action can be deemed valid; failure
to comply is an independent ground for a motion to dismiss. [(Sec. 1 (j), Rule 16, Rules
of Court]
b. Capacity
Facts showing a party’s capacity to sue or be sued must be asserted; if a party sues or is
sued in a representative capacity, his or her authority must also be averred. If a party is
an organized association of persons, its legal existence must likewise be averred. [Sec.
4, Rule 8, Rules of Court]
c. Fraud or Mistake
When statements constitute fraud or if mistakes were made, the circumstances
constituting such must be stated with particularity. [Sec. 5, Rule 8, Rules of Court]
d. Malice, Intent, Knowledge, or other conditions of the mind
Under Sec. 5, Rule 8 of the Rules of Court, Malice, Intent, Knowledge, or other conditions
of the mind may be asserted generally.
e. Domestic or Foreign Judgment
Averring the judgment is sufficient when pleading for the same of a domestic or foreign
court, judicial or quasi-judicial tribunal, or a board or officer. Alleging matters showing the
jurisdiction to render the judgment or decision is not required. [Sec. 6, Rule 8, ROC, as
amended]
f. Official Document or Act
It is sufficient to aver that an official document or act was issued in compliance with the
law when pleading for the same. Concerning an official act, it is likewise sufficient to allege
that it was also done in compliance. [Sec. 9, Rule 8, ROC, as amended]
12. What is an actionable document? How do we plead on actionable documents?
How do we contest on an actionable document?
Actionable documents are written instruments or documents serving as the basis of an
action or a defense. It is sufficient to aver that an official document or act was issued in
compliance with the law when pleading for the same. Concerning an official act, it is
likewise sufficient to allege that it was also done in compliance. [Sec. 9, Rule 8, ROC, as

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Jordan Myc V. Villamor Civil Procedure University of Santo Tomas
2AA Take Home Quiz November 11, 2023

amended]. A mere specific denial must be coupled with an oath. Otherwise, it would be
deemed insufficient.
13. Distinguish general and specific denials. Explain each.
On the one hand, a general denial is a pleading in which the defending party broadly
denies all the material allegations of the opposing party's pleading without specifying
which particular allegations are being contested, thus placing the burden of proof on the
party in denial. On the other hand, a specific denial is a pleading in which the defending
party explicitly disputes particular allegations in the opposing party's pleading, specifying
which statements are being contested and providing a basis for the denial; as a result,
the opposing party is required to prove the specific allegations that have been denied.
14. Generally, defenses and objections not pleaded in a motion to dismiss or in the
answer are deemed waived. Are there exceptions? Enumerate.
There are exceptions to the general rule that defenses and objections are not pleaded in
either a motion to dismiss or an answer deemed to be waived. These are: 1) the lack of
jurisdiction over the subject matter of the complaint, 2) litis pendentia, and 3) res judicata.
[Section 1, Rule 9, ROC, as amended]
15. When is a declaration of default allowed? What is the effect of an order of default?
How about the effect of partial default? When is a statement of default not allowed?
A declaration of default is allowed when a defendant fails to answer within the
reglementary period, and the plaintiff motions with notice to the defendant and proof of
the default. [Section 3, Rule 9]
A party in default is entitled to notices of subsequent proceedings but shall not participate
in the trial. In effect, he loses his legal standing in court. [Section 3 (a), Rule 9, ROC, as
amended]
16. What are the reliefs/remedies from an order of default and judgment of default?
What is the extent of the relief to be awarded if there is a judgment by default?
a. Remedy after notice of order of default and before judgment of default
A motion under oath may be filed to set aside the order upon proper showing that the
failure to answer was due to fraud, accident, mistake, or excusable negligence—such
defense has to be meritorious. [Section 3 (c), Rule 9, ROC, as amended]
b. Remedy after judgment and before judgment becomes final and
executory
Under Rule 37, a motion for a new trial may be filed; appealing from the judgment for
being contrary to evidence or law is also viable.
c. Remedy after the judgment becomes final and executory
Under Rule 38, a petition for relief from Judgment may be filed. Suppose the party was
improperly declared in default. In that case, a petition for certiorari may be filed on the
grounds of the court committing grave abuse of discretion amounting to lack of jurisdiction
in executing the order.

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Jordan Myc V. Villamor Civil Procedure University of Santo Tomas
2AA Take Home Quiz November 11, 2023

17. Distinguish amended from supplemental pleadings. What is the effect of an

amended pleading? Distinguish formal and substantial amendments.
a. On the one hand, an amended pleading is proper to allege facts that
occurred before filing the original pleadings; it includes matters arising
before the filing of the complaint but either overlooked or not known then.
On the other hand, supplemental pleadings allege facts that occurred after
filing the original pleading; it covers matters that are subsequently occurring
but still pertain to the original facts; it is meant only to supply deficiencies to
aid the initial pleading.

b. An amended pleading supersedes the pleading that it amends. However,

the admissions made in superseded pleadings may be offered in evidence,
and the claims or defenses alleged not incorporated in the amended
pleading are deemed waived. [Sec. 8, Rule 10, ROC, as amended]

c. On the one hand, a substantial amendment consists of the recital of facts

constituting the offense charged and determining factor to the court’s
jurisdiction.

18. Explain the rules on amendment as a matter of right and discretionary.

A plaintiff has the right to amend his complaint once before a responsive pleading is
served by the other party or in cases of a reply to which there is no responsive pleading
at any time within 10 days after service. [Sec. 2, Rule 10, ROC, as amended]
Before an answer is served on the plaintiff, the latter may amend the complaint as a matter
of right. The defendant may also amend his or her answer as a matter of right before a
reply is served upon him. In both cases, filing a motion for leave to amend the pleading
is not required. After the service of a responsive pleading, a party can amend his pleading
only upon prior leave of court.
When amendments are substantial, and a responsive pleading has been filed and served
by the adverse party, judicial discretion may permit further amendments, with the
condition that leave of court is attained. An amendment is discretionary when the court
admits an amended complaint; it would be in error if it refuses to accept an amended
pleading when its exercise is a matter of right and is correctible by mandamus.
19. Is amendment allowed to conform to or authorize the presentation of evidence?
Explain.
An amendment is not allowed to conform to or authorize the presentation of evidence.
Under Section 5, Rule 10 of the Rules of Court: when issues not raised by the pleadings
are tried with the express or implied consent of the parties, these shall be treated as if
they had already been raised in the pleadings, and as such, there is no need to amend
the pleadings to conform to the evidence.