Rule 4-6 Scam
Cagampang
What is venue?
Venue refers to the place of trial. It is the place where the action
must be instituted and tried.
How does it differ from jurisdiction?
Venue refers to the place, while jurisdiction refers to the authority
to hear and decide cases.
When the question is, which court has jurisdiction to hear the
case, is it the RTC or the MTC? Is it a matter of venue? Or
jurisdiction?
It is a matter of jurisdiction.
When you say venue, it refers to the place, right? The place of
what?
It refers to the place of trial.
What is a venue for a Civil Action?
It depends if the action is real or personal.
When subject matter is real property, what is the venue of an
action?
The venue is the proper court which has jurisdiction over the
place where the real property is located.
What about if it is a personal action, what is the venue?
If it is a personal action, the venue is the residence of the plaintiff
or defendant, at the option of the plaintiff. For corporation,
residence is its main/head office.
The venue will be determined from what is stated in the
complaint?
No. If it is personal, it is at the residence of the plaintiff or
defendant at the option of the plaintiff. If it is real, it is at the
proper court which has jurisdiction over the place where the real
property is located.
Versoza
Can you sue a non-resident defendant?
Yes.
What is the venue when we file a case against a non-resident?
The venue is the place where the non-resident was found.
Is that the only place where the place can be filed?
No. The venue could also be the place where the plaintiff resides
and the place where the property or any portion thereof is
located.
When can you sue a defendant who is no longer found in the
Philippines? When can you sue a non-resident defendant?
When the action affects the personal status of the plaintiff, or any
property of the defendant locate in the Philippines.
MIKAY
In what cases?
In cases such as Annulment of Marriage, Declaration of Nullity of
marriage, or Legal Separation.
When is the rule on venue not be applicable?
When it is provided for by a specific rule or law, and when there is
a valid agreement in writing between the parties.
Can you give me an example, or an instance or a case where the
venue is provided for by law, not necessarily in accordance with
Rule 4?
Like libel cases, dean.
And the other one is what?
If it is agreed by the parties themselves.
So, if the parties have agreed that the venue shall be on that
place, then it can only be filed on that place?
Yes, if there are restrictive or qualifying words
Not necessarily where the plaintiff or defendant resides?
Yes dean.
So, it should be in that place? Even if that agreement as to venue
did not contain an exclusive clause?
No, there has to restrictive or qualifying words, dean.
Can the agreement as to venue be disregarded by the court?
Yes. In cases of contracts of adhesion.
If the parties have agreed or there is a contract between the
parties and if the contract states that the venue shall be on that
place, can the Court disregard that?
Yes, dean.
When can the court disregard that agreement?
In a case of contract of adhesion, dean.
And what is a contract of adhesion?
It is a contract prepared by one of the parties and the other party
is forced to agree to it.
Lequigan
What is a pleading
It is a written statement of respective claims and defenses of the
parties.
Where can you file the pleadings?
In court.
What are the different kinds of pleadings that you can file in
court?
A complaint, answer, counterclaim, crossclaim, reply, 3rd party
complaint, complaint-in-intervention
What is a complaint? answer? Will it mean waiver of his right to recover from the
plaintiff?
It states the causes of action on the part of the
complainant/plaintiff. It depends, dean.

What should you allege in the complaint? If it is a compulsory counterclaim, failure to allege a counterclaim
which is necessarily connected to the plaintiff’s claim, is deemed
The four elements of the causes of action, dean. (ROVD) as waiver of the right to recover from the plaintiff.
The right of the plaintiff, the obligation of the defendant to If it is not necessarily connected, then such failure can’t be
respect such right, Violation of the defendant of such right, and considered as a waiver because, such counter claim can still be
damage caused to the plaintiff. filed in an independent action.
What is an answer? For example, you filed a case against me for damages, you are
It is a pleading by which the defending party sets forth his asking for 500K damages, and then when I answered I said, okay.
defenses. But you also borrowed money from me last year you forgot about
it. It’s also 500K, you failed to pay that.
What are the defences that the defendant can set up against a
complaint? Can I set that up as a counterclaim against your claim for
damages against me?
It may be either negative or affirmative defense.
Yes, as a permissive counterclaim.
What is an affirmative defense?
When the CC is directly connected to the subject matter of the
It is an admission of material averments but it sets up a defense complaint, what kind of CC is that?
that bars the plaintiff from recovery.
Compulsory Counterclaim.
Now you said that an affirmative defense is one where the
defendant admits the allegations of the complaint but it will What then is a permissive counterclaim?
prevent the plaintiff from recovering his claim from the A permissive counterclaim is one where the CC is not directly
defendant. Now, what are the defences that will prevent the connected to the claim of the plaintiff.
plaintiff from recovering and will serve as an affirmative
defense? Can I set up a permissive counterclaim against the claim of the
plaintiff?
The defenses are:
Yes.
1. Prescription
2. Statute of Frauds What is the effect if I failed to set up a compulsory CC?
3. Illegality
4. Estoppel, Release, Payment You are now barred from recovering such counterclaim from the
plaintiff.

For example, you filed a case against me because your car and my
Ramirez car collided and you were the first to file a case against me for
damages. Then in my answer, I said, it is not my fault. It is your
What is a counter-claim? fault. Then during the trial of the case, I was able to prove that it
It is a claim of the defending party against the plaintiff. was really your fault. So, the Court dismissed the case that you
filed against me.
Could the defendant make any claim against the plaintiff as a
counterclaim Now, after the Court has dismissed the case, I said, now I will file
a case against you for damages. Can I do that?
Yes.
No. Because it is a compulsory CC, hence, if you failed to set that
Is the counter-claim of the defendant necessarily needs to be up, then such CC is considered waived.
connected to the claim of the plaintiff?

Not necessarily because there is a compulsory CC and Permissive

CC.

What is the difference between the two? What’s a compulsory Camposano

CC and permissive CC? What is a cross claim?
Compulsory CC is a counterclaim that arises out of or is necessarily A claim of one defendant against a co-defendant arising from the
connected to the plaintiff’s claim same transaction.
A Permissive CC refers to claim of the defendant against the What do you want from your co-defendant?
plaintiff but is not connected to the subject matter of the case.
You also have a claim from him atty. Which arose from the same
What happens If there is a counter claim of the defendant transaction.
against the plaintiff but he fails to allege/include that in his
MIKAY
Is it the same as a 3rd party complaint? Rule 7- 8

No. A 3rd party complaint is a claim of the defendant against

another person who is not a party to the case.
Baybayon
In a 3rd party complaint atty., you are bringing In a new party to
the case, so it there has to be a leave of court. When there is a material averment in the complaint, you must
deny it. How do you deny it?
In a crossclaim, it doesn’t need leave of court.

What is the purpose of a 3rd party complaint?

Is that the only way of making specific denial?
For reimbursement. To pass on the liability to another person.

What is a reply?
What happens if you failed to specifically deny the material
A reply is the plaintiff’s answer to the defendant’s answer averments of the complaint?

Who will file a reply?

The plaintiff, atty. As an answer to the defendant’s answer. Is that true all the time? No exceptions?

Is the same as an answer to counterclaim?

No. A reply is a response of the plaintiff to the defense set up by What happens if I denied the allegations in the complaint based
the defendant in his answer. on sufficient knowledge.. ????

While an answer is a response of the plaintiff to the counter claim

of the defendant
What is a negative pregnant?
Suppose you filed a case against me, so you are the plaintiff, you
filed a complaint. I filed my answer to your complaint with a It is a kind of denial which creates an affirmative implication.
counterclaim against you.

Do you have to answer my counterclaim? When is specific denial not enough if it is not under oath?
Yes.

Is that the same as a reply?

No.

Is it mandatory to file a reply?

General rule, NO.

Except when:

1. the answer alleges the defense of usury

2. the answer is based on actionable document

What happens if there is no reply?

All matters are deemed controverted.

What happens if you did not answer the CC? Is it the same as not
filing a reply?

No. because when you don’t answer a counterclaim, then you are
deemed to have admitted such claims.

However, if you did not file a reply, all matters are deemed
controverted

Is it not that a counterclaim of the defendant is addressed to the

plaintiff? And a counterclaim is in the nature of a complaint of the
defendant against the plaintiff, right?

Do you to pay docket fee or filing fee for your counterclaim?

If it is a compulsory counterclaim, then you don’t have to pay.

However, when it is a permissive counterclaim, then you still have
to pay for the docket fee or filing fee.
MIKAY