Effect of Failure To Plead Civil Procedure
Effect of Failure To Plead Civil Procedure
Effect of Failure To Plead Civil Procedure
RULE 8 . MANNER OF MAKING Ultimate facts are important and substantial facts
ALLEGATIONS IN PLEADINGS which either directly form the basis of the primary
right and duty, or which directly make up the wrongful
acts or omissions of the defendant.
Section 1. In general. - Every pleading shall
contain in a methodical and logical form, a The term does not refer to the details of probative
plain, concise and direct statement of the matter or particulars of evidence by which these
ultimate facts, including the evidence on which
material elements are to be established.
the party pleading relies for his [or her] claim
or defence, as the case may be. It refers to principal determinate, constitutive facts,
upon the existence of which, the entire cause of action
If a cause of action [or] defence relied on is rests. (Montemayor vs. Raborar, et al., 53 O.G. No. 19, p.
based on law, the pertinent provisions thereof 6596, citing Pomeroy, Code Remedies, 5th Ed., sec. 420).
and their applicability to him or her shall be
clearly and concisely stated. (1a)
In making a pleading: ➔ ULTIMATE FACTS - are the facts that you cannot
➔ It must be concise, and direct to the point. omit in your pleading.
➔ It is required for the allegations to be brief, plain, ➔ The 2019 Amendments already requires the
concise and logical. parties to allege their evidences.
➔ In the pleading, the evidences must be attached,
What are the ultimate facts? to establish your allegations as early in the
complaint.
ALFREDO REMITERE, ET AL., vs. REMEDIOS MONTINOLA VDA. DE ➔ Initiatory pleading: Complaint.
YULO, ET AL., ➔ State the cause of action / defense. If it is based
on law, the pertinent provisions and its
➔ Ultimate facts defined.— The term "ultimate
application must be CLEARLY and CONCISELY
facts" as used in Sec. 3, Rule 3 of the Rules of
stated.
Court, means the essential facts constituting the
➔ Before, filing a case was easier. All that is needed
plaintiff's cause of action.
are the ultimate facts and cause of action.
(Complaint)
When is a fact essential?
➔ Now, the attachment of Judicial Affidavit is also
required.
A fact is essential if it cannot be stricken out without
➔ Judicial Affidavit is the direct examination of the
leaving the statement of the cause of action
insufficient.(Moran, Rules of Court, Vol. I, 1963 ed., p. 213) witness in a written form.
Section 2. Alternative causes of action c. 2 causes of action - (1) evict you from
or defenses. the property (2) ask for the
compensation for damages.
Section 2. Alternative causes of action d. Builders in good faith are those persons
or defenses. - A party may set forth two or who does not own the land property but
more statements of a claim or defense asks the real owner for consent prior to
alternatively or hypothetically, either in one
building something in the property.
cause of action or defense or in separate causes
of action or defenses. When two or more e. Remedies are: (1) the owner can ask the
statements are made in the alternative and one court to compel you to buy the portion of
of them if made independently would be land in which your improvement occupies
sufficient, the pleading is not made insufficient or (2) to ask the court to compel you to
by the insufficiency of one or more of the
sell your improvement to the real owner.
alternative statements. (2)
Clue to spot Alternative Causes of Action - found in the
What is the manner of alleging alternative causes of caption, marked by “and / or”
action?
A party may set forth 2 or more statements of a claim or Section 3. Conditions precedent
defense
● Alternatively or hypothethically Section 3. Conditions precedent. -In any
pleading, a general averment of the
performance or occurrence of all conditions
Either in one cause of action or separate causes of action
precedent shall be sufficient.
> If made in the alternative, insufficiency of one cause of
● A general assertion will be enough / sufficient.
action will not affect the other cause of action.
● Example:
○ Doctrine of Primary Jurisdiction
Examples of causes of action than you can allege
alternatively. ○ Exhaustion of administrative remedies
before resorting to a judicial court