Effect of Failure To Plead Civil Procedure

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H7.

Manner of Making Allegations


Introduction to Civil Procedure
BSLM 3A | Atty. Manalo | Sem 1 2022

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

1. Culpa aquiliana (Quasi - Delict) or Culpa


Section 4. Capacity.
Contractual in a contract of carriage / common
carriers
a. You are still not sure if you are already a Section 4. Capacity. - Facts showing the
passenger when you set one foot on the capacity of a party to sue or be sued or
the authority of a party to sue or be sued in a
bus and the other is still on the land. You
representative capacity or
are not sure if the contract of common the legal existence of an organized association
carrier (duty to provide extra ordinary of persons that is made a party, must be
diligence) started already averred. A party desiring to raise an issue as to
2. Builders in bad faith and builders in good faith the legal existence of any party or the
capacity of any party to sue or be sued in a
a. Builders in bad faith are those persons
representative capacity shall do so by
who enter a land property that they do
specific denial, which shall include such
not own, and build improvements on that supporting particulars as are peculiarly within
property without the consent of the real the pleaders knowledge.(4)
owner.
b. The effects are: you lose what you built, ➔ It focuses on the legal capacity of a party.
and you are liable for damages. ➔ For juridical persons, they have the power to sue
or be sued.
➔ There are times when a juridical person does not prior), you can allege it, provided that you will
have a license to do business in the Philippines, attach an authenticated copy of the judgement in
but they can still sue. your pleading.
➔ The legal capacity of a person or a representative
must be proven. Section 7.Action or defense based on
◆ Ex: GOCC - they have to present document.
evidence that they are indeed a GOCC.
◆ Ex: Justin Ariaden, as represented by Section 7. Action or defense based on
Mannilaine Co vs. Alexandra Bernal document. - Whenever an action or defense is
based upon a written instrument or document,
the substance of such instrument or
Section 5.Fraud, mistake, condition of
document shall be set forth in the
the mind.
pleading, and the original or a copy
thereof shall be attached to the pleading as
an exhibit, which shall be deemed to be a part
Section 5. Fraud, mistake, condition of of the pleading. (7a)
the mind. -In all averments of fraud or
mistake,the circumstances constituting fraud
➔ When the action or defense is based on a
or mistake must be stated with
particularity. Malice, intent, knowledge or document, its SUBSTANCE MUST BE STATED.
other conditions of the mind of a person may ➔ ORIGINAL OR A COPY shall be attached to the
be averred generally. (5) pleading as an EXHIBIT.

➔ Fraud and Mistake must be STATED WITH


Section 8. How to contest such
PARTICULARITY.
documents.
◆ This is because it can be qualified. There
are elements that must be present
Section 8. How to contest such
before it can be a fraud or mistake.
documents. - When an action or defense is
◆ It can be measured. founded upon a written instrument, or
➔ While Malice, Intent, Knowledge or other attached to the corresponding pleading as
conditions of the min can be averred generally. provided in the preceding section, the
◆ Because it cannot be measured. genuineness and due execution of the
◆ Ex: “Di ko alam, wala akong alam.” It instrument shall be deemed admitted
unless the adverse party, under oath
could not be further questioned.
specifically denies them, and sets forth
what he or she claims to be the facts; but
Section 6.Judgement the requirement of an oath does not apply
when the adverse party does not
Section 6. Judgment. -In pleading a appear to be a party to the instrument or when
judgment or decision of a domestic or compliance with an order for an inspection of
foreign court, judicial or quasi-judicial the original instrument is refused.
tribunal, or of a board or officer, it is ➔ When an actionable document is attached in the
sufficient to aver the judgment or complaint, it will be deemed admitted
decision without setting forth a matter ◆ UNLESS
showing jurisdiction to render it. An
◆ The adverse party (it must be)
authenticated copy of the judgment or
specifically denies under oath the
decision shall be attached to the
GENUINESS AND DUE EXECUTION, THE
pleading.(6a)
AUTHENTICITY of the contents of the

➔ If a dispute has been settled already, (ex: title of said document

the land already belongs to you and was judged


◆ Then establish what he claims the facts / Section 11. Allegations not specifically
truth is. denied deemed admitted. - Material
➔ Ex: I specifically deny under oath the due averments in a pleading asserting a claim or
execution, authenticity or genuineness of such claims, other than those as to the amount of
unliquidated damages, shall be deemed
receipt / promissory note.
admitted when not specifically denied. (11a)

Section 9. Official Document or Act


Section 12. Affirmative Defenses.

Section 9. Official document or act. - In


Section 12. Affirmative defenses. - (a) A
pleading an official document or official act, it
defendant shall raise his or her affirmative
is sufficient to aver that the document
defenses in his or her answer, which shall be
was issued or the act was done in
limited to the reasons
compliance with law. (9)
set forth under Section 5(b), Rule 6, and the
following grounds:
Section 10. Specific Denial
1. That the court has no jurisdiction over
Section 10. Specific denial. - A defendant the person of the defending party:
must specify each material allegation of
fact the truth of which he or she does not 2. That venue is improperly laid:
admit and, whenever practicable, shall set
forth the substance of the matters upon 3. That the plaintiff has no legal capacity
which he or she relies to support his or to sue;
her denial. Where a defendant desires to
deny only a part of an averment, he or 4. That the pleading asserting the claim
she shall specify so much of it as is true states no cause of action; and
and material and shall deny only the
remainder. 5. That a condition precedent for filing
the claim has not been complied with.
Where a defendant is without
knowledge or information sufficient to form a (b) Failure to raise the affirmative
belief as to the truth of a material averment defenses at the earliest opportunity shall
made [to] the complaint, he or she shall constitute a waiver thereof.
so state, and this shall have the effect of
a denial. (c) The court shall motu proprio resolve the
above affirmative defenses within thirty (30)
➔ The defendant must specifically deny EACH or
calendar days from the filing of the answer.
ONE BY ONE the facts that he does not admit
➔ Whenever practicable, he shall set forth the (d) As to the other affirmative defenses under
substance of the matters upon which he relies to the first paragraph of Section 5(b),Rule 6, the
support his denial. court may conduct a summary hearing within
➔ He must specify what is true, (concede to the fifteen (15) calendar days from the filing of the
alleged facts), and deny the remainder. answer. Such affirmative defenses shall be
➔ If he is totally unaware of the alleged claim / no resolved by the court within thirty (30)
calendar days from the termination of the
information on it, he must clearly state that he
summary hearing.
has no knowledge about it, and this will have the
effect of denial. (e) Affirmative defenses, if denied, shall
not be the subject of a motion for
Section 11. Allegations not specifically reconsideration or petition for
denied are deemed admitted. certiorari, prohibition or mandamus,
but may be
among the matters to be raised on
appeal after a judgment on the merits.
(n)

➔ Affirmative Defenses - is an allegation of a new


fact or material, which while hypothetically
admitting the material allegations in the pleading
of the claimant,but would nevertheless bar
recovery by him/ her.
➔ Affirmative defenses are raised in the ANSWER.
➔ Examples: (not for motion to dismiss)
◆ Fraud
◆ Statute of Limitations
◆ Estoppel
◆ Confession
◆ Discharge from bankruptcy
➔ Examples for motion to dismiss: ( l - R - L - P)
◆ Lack or no jurisdiction over the subject
matter
◆ Res Judicata
◆ Litis Pendencia
◆ Prescription
➔ The court can motu proprio dismiss the case if it
recognizes that it has no jurisdiction over the
subject matter or over the person of the
defending party.
Section 13. Striking out of pleading or
matter contained therein.

Section 13. Striking out of pleading or


matter contained therein. - Upon
motion made by a party before responding
to a pleading or, if no responsive pleading
is permitted by these Rules, upon
motion made by a party within twenty
(20) calendar days after the service of
the pleading upon him or her, or upon the
court's own initiative at any time, the court
may order any pleading to be stricken
out or that any sham or false,
redundant, immaterial, impertinent, or
scandalous matter be stricken out
therefrom. (12a)

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