THINGS TO CONSIDER IN FILING PLEADING

cause of action

venue

jurisdiction

condition predent

ancilliary or provisional remedies

procedure

Parties

PURPOSE IS FOR THE DEFENDANT NOT TO FILE A MOTION TO DISMISS OR NOT TO ASSERT AN
AFFIRMATIVE ANSWER.

IMPORTANCE OF PROCEDURE TO BE APPLIED IN CASES APPLIED IN COURT?

Recovery of possession = action interdictal = ejectment; SHOULD WITHIN ONE YEAR PERIOD IS
JURISDICTIONAL. rules of summary procedure applicable

or action publiciana

UNLAWFUL DETAINER- THE ENTRY BECAME ILLEGAL AFTER THE DEMAND OF THE PARTY; DEMAND TO
VACATE IS NECESSARRY; WITHIN 1 YEAR FROM THE TIME OF THE DEMAND TO VACATE

FORCIBLE ENTRY - THE ENTRY IS ILLEGAL FROM THEVERY BEGINNING ; 1 YEAR PERIOD IS COMPUTED
FROM THE TIME IT IS DISCOVERED BY THE PLAINTIFF; NO NEED TO VACATE

DELAYED EJECTMENT= ACCION PUBLICIANA = RECOVERY OF POSSESSION AFTER THE LAPSE OF ONE
YEAR = GOVERNED BY ORDINARY RULES OF PROCEDURE

IS THE ANSWER REQUIRES VERIFICATION? = IT DEPENDS, DETERMINE FIRST WHETHER IT IS INTERDICTAL

OR ACCION PUBLICIANA

INTERDICTAL = RULES ON SUMMARY PROCEDURE = REQUIRED VERIFICATION

IF ACCION PUBLICIANA = INITIATORY PLEADING IS REQUIRED ONLY WITH VERIFICATION

WHAT PROCEDURE IN COLLECTION OF SUM OF MONEY = AMOUNT 301,000

IN SMALL CLAIM CASES NO COMPLAINT= WHAT IS REQUIRED IS STATEMENT OF CLAIM WHICH MUST BE
VERIFIED

WITHOUT VERIFICATION = COURT WILL CONSIDERED IT MERE SCRAP OF PAPER

THE DEFENDANT FAILED TO FILE AN ANSWER IN RECOVERY OF POSSESSION= WHAT REMEDIES?

IF PUBLICIANA = THE REMEDY IS DECLARE THE DEFENDANT IN DEFAULT BUT THIS IS PROHIBITED IN
INTERDICTAL BECAUSE IT IS PROHIBITED PLEADING.

Q: IF IN ENVIRONMENTAL CASE FILED BY THE PLAINTIFF AGAINST THE DEFENDANT FOR VIOLATION OF
ENVIRONMENTAL LAWS, IS A MOTION TO DISMISS ALLOWED?

IN CRIMINAL CASES IN ENVIRONMENTAL CASES = MOTION TO DISMISS ON THE GROUND OF SLAPP IS

OKAY.

IF CIVIL CASES IN ENVIRONMENTAL CASES = IT IS PROHIBITED PLEADINGS ; he should interposed as

defense as an affirmative defense , the SLAPP WHICH SHALL BE SUPPORTED BY DOCUMENTS ,
AFFIDAVITS.

VENUE

Q: ANNULMENT OF TITLE = REAL ACTION , THE PROPERTY IS LOCATED IN BATANGAS CITY, BUT I FILED A
CASE IN LIPA CITY. HE REQUEST THAT THE CASE BE DISMISSED FOR IMPROPER VENUE.

IF RAISED AS A SPECIAL AFFIRMATIVE DEFENSE = IMPROPER VENUE MAY BE GRANTED , MERITS OF THE
CASE SHALL BE THE BASIS

BUT NOT IN MOTION TO DISMISS THE GROUND FOR IMPROPER VENUE CANNOT BE GRANTED FOR IT IS
PROHIBITED MOTION.

PURPOSE OF RIGHT VENUE? SO THAT THE DEFENDANT HAS NO CHANCE TO RAISED IN HIS DEFENSE AS
SPECIAL AFFIRMATIVE DEFENSE THAT THE VENUE IS IMPROPERLY LAID.

OBANDO DOCTRINE 2000 CASE = STILL GOOD LAW; DONT TAKE THE MOTION TO DISMISS PER SE;
MOTION TO DISMISS ALLEGING IMPROPER VENUE CANNOT BE ENTERTAINED UNLESS IT IS MADE
WITHIN THE TIME FOR FILING RESPONSIVE PLEADING.

TIME WITHIN WHICH TO FILE ANSWER? = 30 CALENDAR DAYS, IF YOU ASK FOR EXTENTION OF 30 DAYS
THEN YOU HAVE ATLEAST 60 DAYS.
BY PUBLICATION = 60 DAYS , IF ASK FOR EXTENTION TO FILE AN ANSWER, = 90 DAYS.

JURISDICTION

POSSESSION OF REAL PROPERTY = CONSIDER WHETHER IT IS INTERDICTAL OR PUBLICIANA =both covers

posession. If with ownership, REINVINDICATORIA.

the purpose for in interdictal fast remedy of recovery.

If Publiciana , then the amount of the property shall be considered.

CASE ROLDAN VS BARRIOS = ANNULMENT AND FORECLOSURE PER SE SAME REAL ACTION

Q: CONDOMINIUM UNIT ONE PARTY IS AETA =

Q: action reinvidicatoria = who has jurisdiction?

What remedy if the motion to dismiss on the ground of lack of jurisdiction is denied? remedy is to file an
answer

q: If you filed 15k in RTC, then your remedy is to refile the MTC.

Q:interlocutory order vs final order?

HLURB = SPECIFIC PERFOMANCE

SEQUESTRATION = 27 UP = SANDIGANBAYAN PAG BELOW 27 = RTC

SPOTTING ISSUES; THIS ONLY 5 MUST ONLY BE REMEMBER

JURISDICTION IS SUBSTANTIVE IN CHARACTER

PLEADING = WHAT PLEADING WILL YOU BE APPLIED.

REMEDIES = POST AND PRE JUDGEMENT REMEDIES. IE. APPEAL, ANNULMENT, PETITION FOR RELIEF;

PERIOD; PERIODS ALSO MUST BE NOTED

PROCEDURE TO BE APPLIED = SPECIAL RULES MUST BE NOTED; SMALL CLAIMS, RULES ON SUMMARY
PROCEDURE, HABEAS DATA, HABEAS CORPUS, WRIT OF AMPARO, RULES ON ENVIRONMENTAL
PROTECTION
Q: IMPROPER VENUE , WHAT IS THE REMEDY, APPLIED THE PROHIBITED MOTIONS IN THE 2020. IF THE
ISSUE DEALS WITH THE APPEAL AGAINST THE ORDER OF DISMISSAL OR JURISDICTIONAL ISSUE, IF THE
DISMISSAL IS GROUND OF LACK OF JURISDICTION, THEN IT IS RULE 65 NOT APPEAL.

INITIATORY PLEADING = COMPLAINT

Q: REAL ACTION = RECOVERY OF POSSESSION AS TO JURISDICTION= DEPENDS WHETHER INTERDICTAL

OR PUBLICIANA

DO NOT IMMEDIATELY CONCLUDE THAT IT IS INTERDICTAL OR PUBLICIANA OR INCAPABLE OF

PECUNIARY ESTIMATION= THE LAST EXAMPLE. IS REAL ACTION

RULE 70 WHILE IT IS SPECIAL CIVIL ACTION , IT IS REAL ACTION BECAUSE IT INVOLVE POSSESSION

SUMMARY PROCEDURE = INTERDICTAL= REASON: THE SC WANT TO EXPEDITE CASES INORDER TO

AVOID THE ADVERSE PARTY TO TAKE THE LAW IN THE HANDS POSSESSING THE PROPERTY ILLEGALLY.

REGULAR COURTS = PUUBLICIANA

POSSESSORY ACTIONS = MAY BE INTERDICTAL OR ACCION PUBLICIANA

THE 1 YEAR ELEMENT DETERMINES THE JURISDICTION OF THE COURT

IF THE ACTION IS FILED AFTER 1 YEAR, NO LONGER EJECTMENT BUT ACCION PUBLICIANA OR DELAYED
EJECTMENT. IT IS NOT THE ASSESSED VALUE OF THE PROPERTY GOVERNS THE JURISDICTION = GOVERNS
BY ORDINARY RULES OF PROCEDURE.

SEC. 33 (2) Exclusive original jurisdiction over cases of forcible entry and unlawful detainer: Provided,
That when, in such cases, the defendant raises the question of ownership in his pleadings and the
question of possession cannot be resolved without deciding the issue of ownership, the issue of
ownership shall be resolved only to determine the issue of possession.

It is limited only for determination who has the right to possession, not ownership

HE MUST FILED ANOTHER ACTION FOR REINVECATORIA

Sec. 19 (2) In all civil actions which involve the title to, or possession of, real property, or any
interest therein, where the assessed value of the property involved exceeds Twenty
thousand pesos (P20,000.00) or for civil actions in Metro Manila, where such the value
exceeds Fifty thousand pesos (50,000.00) except actions for forcible entry into and unlawful
detainer of lands or buildings, original jurisdiction over which is conferred upon Metropolitan
Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial Courts;

In computing assessed value, do not include interest, damages of whatever kind, because it is for
purposes of computation of docket fees it is merely incidental to the main action.

USE THE WORD 20K AND BELOW, NOT BELOW 20 ONLY. IN JURISDICTION CASES

IS VERIFIED ANSWER REQUIRED IN RECOVERY POSSESSION?

DISTINQUISH WHETHER IT IS INTERDICTAL OR PUBLICIANA

INTERDICTAL = RULES ON SUMMARY PROCEDURE = REQUIRED VERIFICATION

IF ACCION PUBLICIANA = INITIATORY PLEADING IS REQUIRED ONLY WITH VERIFICATION = SINCE

ANSWER IS A RESPONSIVE PLEADING.

THIS MUST BE VERIFIED UNDER RULES ON SUMMARY PROCEDURE = SEC.3 BASIS = COMPLAINT,
ANSWER, CROSSCLAIM ,COMPULSARY COUNTERCLAIM.

INTERDICTAL = MOTION TO DECLARE IN DEFAULT = PROHIBITED PLEADINGS

PUBLICIANA = MOTION TO DECLARED IN DEFAULT = SEC. 3 RULE 9 = ALLOWED

FORCECLOSURE OF REAL ESTATE MORTGAGE = ROLDAN VS BARRIOS = CAPABLE OF PECUNIARY

ESTIMATION = AND CONSIDER THE ASSESSED VALUE OF THE PROPERTY IF IT HAS SOMETHING TO DO IN
JURISDICTION

BREACH OF CONTRACT CASES = SPECIFIC PERFORMANCE, IT IS INCAPABLE OF PECUNIARY =

JURISDICTION IS LODGED TO RTC.

IF BREACH OF CONTRACT IS BASED ON DAMAGES , CONSIDERED 300, AND 301, 400 AND 401 VALUE.

IF IT HAS SOMETHING TO DO WITH THE DELIVERY, INCAPABLE; IF IT DEALS WITH MONETARY CLAIMS,
THEN 300 TO 301 VALUE MUST BE CONSIDERED.

DO NOT BE CONFUSED WITH BREACH OF CONTRACT = CHECK THE REASON WHY HE IS ASKING

EXCEPTION TO THE SPECIFIC PERFOMANCE = ENFORCEMENT OF SETTLEMENT AWARD OR ARBITRATION

PURSUANT TO 417 OF THE LOCAL GOVERNMENT CODE. BECAUSE THERE ARE CASES IN THE
KATARUNGANG PAMBARANGAY INVOLVING SPECIFIC PERFORMANCE
Section 417. Execution. - The amicable settlement or arbitration award may be enforced by execution by
the lupon within six (6) months from the date of the settlement. After the lapse of such time, the
settlement may be enforced by action in the appropriate city or municipal court.

ALL CASES INVOLVING SMALL CLAIMS , ENFORCEMENT = MTC

DECLARATORY RELIEF = Declaratory Relief and Similar Remedies

Section 1. Who may file petition. — Any person interested under a deed, will, contract or other
written instrument, or whose rights are affected by a statute, executive order or regulation,
ordinance, or any other governmental regulation may, before breach or violation thereof bring an
action in the appropriate Regional Trial Court to determine any question of construction or validity
arising, and for a declaration of his rights or duties, thereunder. (Bar Matter No. 803, 17 February
1998)

THIS IS THE CRITICAL PART ; An action for the reformation of an instrument, to quiet title to real
property or remove clouds therefrom, or to consolidate ownership under Article 1607 of the Civil
Code, may be brought under this Rule.
IN THE CASE OF MALANA

FIRST PARAGARAPH IS REFORMATION

2ND PAR IS FOR REFORMATION

AND THE LAST IS CONSOLIDATE OWNERSHIP WITH THE RIGHT TO REPURCHASE

2016 CASE : QUETING TITLE = REAL ACTION = ASSESSED VALUE OF THE PROPERTY MUST BE
CONSIDERED

NCIP VS THE REGULAR COURT

ONDURAN VS ABERASTUI 2017 CASE = INVOLVING CONFLICTING CLAIMS NOT ADVERSE CLAIMS

CONFLICTING CLAIMS OVER ANCESTRAL DOMAIN

To recall, the ponencia has held that pursuant to Section 66 of the IPRA, the NCIP shall
have jurisdiction over claims and disputes involving rights of ICCs/IPs only when they
arise between or among parties belonging to the same ICC/IP group. When such claims
and disputes arise between or among parties who do not belong to the same ICC/IP
group, the case shall fall under the jurisdiction of the regular courts, instead of the
NCIP. Thus, even if the real issue involves dispute over a land which appear to be
located within the ancestral domain of an ICC/IP, it is not the NCIP but the RTC which
has the power to hear, try and decide the case. In exceptional cases under Sections 52,
54 and 62 of the IPRA, the NCIP shall still have jurisdiction over such claims and
disputes even if the parties involved do not belong to the same ICC/IP group.

SC RULING = SEC 66 of IPRA LAW shall have limited jurisdiction over claims involving indigenous
communities. IF the dispute involves the right of iccs and ip in the same group. If the dispute arise
among who do not belong to the same icc/ ips groups, regular courts has jurisdiction.

VIOLATION OF ICC/ IPS RIGHTS WHERE THE PARTIES BELONG TO THE SAME GROUP, AND IF IT INVOLVES
ADVERSE OR BORDER DISPUTE WHICH IS DILINEATION OR CANCELLATION OF FRAUDELENT CLAIMS AND
WHETHER OR NOT IT INVOLVES TO THE SAME GROUP, NCIP HAS PRIMARY JURISDICTION.

2018 CASE BAGUIO

ENVIRONMENTAL CLAIMS BECAUSE OF BULLDOZERS DESTROYING PLANTS IN THE PROCESS.

REGIONAL TRIAL COURTS BECAUSE DIFFIRENT PARTIES

UNREGISTERED LAND , PUBLIC DOMAIN = DIRECTOR OF LANDS = APRIL 24 2017

BFAR – PRIMARY JURISDICTION SAN MIGUEL PROPERTIES VS PEREZ

Not all disputes between employer and employee

If it is torts and has no reasonable causal connection with the employer employee, it is within the
jurisdiction of regular courts

If it is purely labor dispute

AS TO QUESTION OF JURISDICTION WHEN BARRED BY LACHES AND NOT

In Sibonghanoy, the defense of lack of jurisdiction was raised for the first time in a motion to dismiss
filed by the Surety almost 15 years after the questioned ruling had been rendered. At several stages of
the proceedings, in the court a quo as well as in the Court of Appeals, the Surety invoked the jurisdiction
of the said courts to obtain affirmative relief and submitted its case for final adjudication on the merits.
It was only when the adverse decision was rendered by the Court of Appeals that it finally woke up to
raise the question of jurisdiction.

IN THE CASE OF BERNARDO, HE RAISED ONLY IT IN HIS ANSWER.

TUMAPAG VS TUMPAG is saved By filing an answer, and consistently assail the jurisdiction of the rtc.

Everytime he is required to participate, he makes reservation, and thus, laches did not set in

VENUE CRITICAL PART IS ART. 4

IF THERES A SPECIFIC RULES ON VENUE, DISREGARD THE VENUE UNDER SEC 2

IF THERES AGREEMENT, DISREGARD SEC 2

SPECIFIC LAW BEING SUBSTANTIVE LAW MUST BE FOLLOWED

PILIPINAS SHELL = 2017 CASE INSOLVENCY CASE = RESIDENCE OF THE DEBTOR WHICH MUST BE 6
MONTHS

EXTRAJUDICIAL FORECLOSURE = ACT. 3135 SUPENA VS JUDGE DE LA CRUZ 1997

FAILURE TO STATE OF CAUSE OF ACTION

CONDITION PRECEDENT = MORENO VS CAJAN , CASE OF LEDESMA VS CA , AQUINO VS ORE , CASE OF

LARDONE = IF WITH PRAYER OF PROVISIONAL REMEDIES , THEN THERES NO NEED FOR CONDITION
PRECEDENT KATARUNGANG PAMBARANGAY. IT MIGHT DEAFEAT THE VERY PURPOSE

PLEADINGS

Sec. 12 rule 8 = special affirmative defense , do not file motion to dismiss

Because motion to dismiss is limited to 4 grounds only , res judicata, lack of jurisdiction over the subject
matter, litis pendentia, statute of limitations
Grounds that are non waivable? The 4

Take note of omnibus rule = does deemed waived concerns only to waivable grounds not to waivable.

REPLY – THERE MUST BE AN ATTACHMENT OF THE ACTIONABLE DOCUMENT

REJOINDER CANNOT BE FILED IF THERES NO ACTIONABLE DOCUMENT ATTACHED TO THE PLEADING

NOTE SEC.10 RULE 6

CIVIL PROCEDURE OR FLOW OF THE CASE

1.COMPLAINT FIRST

, IF NOT DISMISSIBLE ON ITS FACE BASE ON THE NON WAIVABLE GROUNDS, DETERMINE THAT DOCKET
FEES

2. DOCKET FEES – payment shall be made as the court may prescribed

3. ISSUANCE OF SUMMONS

WHAT IF THE COMPLAINT IS WITH ANCILLIARY REMEDIES?

Executive tro = ex parte issued by executive judge 3 days or 72 hours. Then the executive judge shall
raffle it to regular courts, except if family or commercial cases.

What is your duty if you are the regular judge to whom the case was raffled?

To issue necessary summons and notice necessary in conducting summary hearing.

The court shall note the rule 9 sec. 1

When can a regular judge issue a tro with a life span of 20 days?

WHAT IS THE ADVANTAGE OF FILING MOTION OF TO DISMISS INSTEAD OF FILING A ANSWER IN

RELATION TO LACK OF JURISDICTION OR VICE VERSA?

1.The advantages of filing a motion to dismiss based on lack of jurisdiction is limited period is given to
the court.

2. If theres a clarification, they conduct summary hearing.

In answer, you can assert everything you want to assert and the court is givng longer period to resolve
the same.

No summary hearing here for clarification.

First, file a motion to dismiss, then file an answer raising as an affirmative defense the lack of jurisdiction
to avoid estoppel.
Remember tumpag vs, tumpag, tijam vs sibanghanoy.

Is filing a reply mandatory if the attachment contains an actionable document?No, optional

If theres no actionable document? Is still optional? No. It is prohibited pleading without actionable
document.

What is rejoinder? Answer to a reply if theres an actionable document, otherwise, rejoinder cannot be
filed if without actionable document.

After issues have been joined, whats next?

Is cam or jdr after pre trial still part of pre trial conference even if conducted after pre trial?