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CHAPTER IV – PLEADINGS AND MOTIONS
I. PLEADINGS
A. GENERAL PRINCIPLES
PLEADINGS
- Are the formal statements by the parties of the
operative facts which constitute their respective
claims and defenses
- Are the written statements of the respective claims
and defenses of the parties submitted to the court for
appropriate judgment
Note: There can be no oral pleadings.
Necessity and purpose of pleadings
- Designed to develop and present the precise points in
dispute between the parties.
- To inform the court and the parties of the facts in
issue.
- To notify the opposite party of the facts which the
pleader expects to prove, so that he may not be
misled in the preparation of his case
- Intended to secure a method by which the issues may
be properly laid before the court
Construction of pleadings
- All pleadings shall be liberally construed so as to do
substantial justice
- The intention of the pleader is the controlling factor
in construing a pleading and should be read in
accordance with its substance, not its form
Construction of ambiguous allegations in pleadings
- Must be construed most strongly against the pleader
and that no presumptions in his favour is to be
indulged in
- Reason: It is the pleader who selects the language
used and if his pleading is open to different
constructions, such ambiguities must be at the
pleader’s peril
Pleadings allowed by the Rules of Court
1. Complaint
2. Answer
3. Counterclaim
4. Cross-claim
5. Third-party claim (fourth-party claim, etc)
6. Complaint-in-intervention
7. Reply
Pleadings allowed under the Rules on Summary
Procedure
1. Complaint
2. Compulsory counterclaim pleaded in the answer
3. Cross-claim pleaded in the answer
4. Answers thereto
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Pleadings prohibited under the Rules on Summary
Procedure
1. Permissive counterclaim
2. Third-party complaint
3. Reply
4. Pleading-in-intervention
Pleading in the Rule of Procedure for Small Claims Cases
- Commenced by filing with a court an accomplished
and verified “Statement of Claim”
- No other formal pleading is necessary to initiate a
small claims action
- Instead of filing an answer, the defendant shall file
with the court and serve on the plaintiff a duly
accomplished and verified “Response Form”
- Compulsory counterclaim: Shall be filed as a
counterclaim in the response
- Permissive counterclaim: May elect to file a
counterclaim even if it does not arise out of the
transaction or occurrence that is the subject of the
claim provided its amount and nature are covered by
the Rule.
Pleadings prohibited under the Rules of Procedure for
Small Claims Cases
1. Petition for relief of judgment
2. Petition for certiorari, mandamus, or prohibition
against any interlocutory order issued by the court
3. Reply
4. Third-party complaints
5. Interventions
Pleadings prohibited in a petition for a Writ of Amparo or
Habeas Data
1. Counterclaim
2. Cross-claim
3. Third-party complaint
4. Reply
5. Intervention
6. Petition for certiorari, mandamus, or prohibition
against any interlocutory order
Pleadings allowed in the Rules of Procedure for
Environmental Cases
1. Complaint
2. Answer which may include a compulsory
counterclaim and cross-claim
3. Pleading-in-intervention (in citizen suit – court shall
issue an order requiring all interested parties to
manifest their intention to intervene in the case within
15 days from notice)
- Prohibited: Reply and rejoinder and third-party
complaint
Nature of a pleading – how determined
- By the allegations in the complaint or petition and the
character of the relief sought
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B. PARTS OF A PLEADING
Caption of the pleading
- Contains the following:
a. Name of the court
b. Title of the action
c. Docket number, if assigned
Title of the action
- Contains the names of the parties whose
participation in the case shall be indicated (plaintiff
or defendant)
Body of the pleading
- Sets forth the following:
a. Its designation
b. The allegations of the party’s claims and defenses
(shall be divided into paragraphs and shall be
numbered for ready identification)
c. The relief prayed for
d. Date of the pleading
Allegations of ultimate facts
- A pleading need only contain the allegations of
ultimate facts (the facts essential to a party’s cause of
action or defense).
- The ultimate facts are to be stated in a methodical
and logical form, and in a plain, concise and direct
manner.
- Prohibited:
o Not supposed to allege conclusions
o Statements of mere evidentiary facts
Relief/Prayer
- The complaint must contain a statement of the relief
sought from the court and to which he believes he is
entitled.
- A court cannot grant a relief not prayed for in the
pleadings or in excess of that being sought
- General prayer allowed
Signature and address
- Every pleading must be signed by the plaintiff or
counsel representing him stating either case his
address (should not be a post office box)
- In case of absence of a proper notice of change of
address, service must be made at the last address of
their counsel of record
Effect of unsigned pleading
- Produces no legal effect
- The court may allow pleader to correct deficiency if
he shows that the failure to sign was due to
inadvertence and not intended for delay
Significance of the signature of counsel
- It constitutes a certificate by him that:
a. He has read the pleading
b. That to the best of his knowledge, information
and belief, there is good ground to support it
c. That it is not interposed for delay
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Disciplinary actions in connection with pleadings
- A counsel shall be subject to disciplinary action in the
following cases:
a. When he deliberately files an unsigned pleading;
b. When he signs a pleading in violation of the
Rules;
c. When he alleges in the pleading scandalous or
indecent matter; or
d. When he fails to promptly report to the court a
change of his address;
How a pleading is verified
- A pleading is verified by an affidavit. This affidavit
declares that:
a. The affiant has read the pleading; and
b. The allegations therein are true and correct of
his personal knowledge base on authentic
records
Note: The verification requirement is “deemed
substantially complied with when one who has an ample
knowledge to swear to the truth of the allegations in the
complaint or petition SIGNS THE VERIFICATION, and when
matters alleged in the petition have been made in good
faith or are true and correct.
Significance of verification
- Intended to secure an assurance that the allegations
in a pleading are true and correct and not the product
of the imagination or a matter of speculation; and
- The pleading is filed in good faith
Effect of lack of verification
- Treated as an unsigned pleading and hence, it
produces no legal effect
- Does not necessarily render the pleading fatally
defective as the court may order its submission or
correction or act on the pleading in order that ends of
justice may be served
Other requirements
- Professional Tax Receipt Number (PTR)
- IBP Official Receipt Number indicating its date of
issue
- Number and date of issue of Mandatory Continuing
Legal Education (MCLE) Certificate of Compliance or
Certificate of Exemption
Certification against forum shopping
- Is a sworn statement in which the plaintiff or principal
party certifies in a complaint or initiatory pleading to
the following matters:
a. That he has not commenced any action or filed
any claim involving the same issues in any court,
tribunal, or quasi-judicial agency and, to the best
of his knowledge, no such other action or claim
is pending therein;
b. That if there is such other pending action or
claim, a complete statement of the present
status thereof;
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c. That is he should thereafter learn that the same
or similar action or claim has been filed or is
pending, he shall report that fact within five (5)
days therefrom to the court wherein his
aforesaid complaint or initiatory pleading has
been filed.
Purpose: Assurance to the court and other tribunal that
there are no other pending cases involving basically the
same parties, issues and causes of action
Who executes:
- The plaintiff or principal party and not the counsel.
- Where he is unable to sign, he shall execute a special
power of attorney designating his counsel of record
to sign in his behalf.
- Juridical entity: officer or member of the BOD or by
one who is authorized by a resolution of the BOD
- Where there are several plaintiffs:
o GR: All must sign, otherwise, they will be
dropped as parties to the case
o Exception: When the plaintiffs share a
common interest and invoke a common
cause of action or defense, the signature of
only one is sufficient
Forum Shopping
- Is the act by a party of repetitively availing of several
judicial remedies in different courts, simultaneously
or successively, all substantially founded on the same
transactions and the same essential facts or
circumstances, and all raising substantially the same
issues either pending or already resolved adversely
by some other court
Elements of Forum Shopping
- There is forum shopping when there exist
a. Identity of parties or at least such parties as
represent the same interests in both actions
b. Identity of rights asserted and relief prayed for,
the relief being founded on the same facts
c. The identity of two preceding particulars is such
that any judgment rendered in the pending case,
regardless of which party is successful, would
amount to res judicata in other case
Rationale against Forum Shopping
- A party should not be allowed to pursue simultaneous
remedies in two different fora.
Note: The certification is mandatory but not jurisdictional
since jurisdiction over the subject of the action is
conferred by law.
Three ways of committing forum shopping
1. Filing multiple cases based on the same cause of
action and with the same prayer, the previous case
not having been resolved yet (ground for dismissal is
litis pendentia)
2. Filing multiple cases based on the same cause of
action and with the same prayer, the previous case
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having been finally resolved (ground for dismissal is
res judicata)
3. Filing multiple cases based on the same cause of
action but with different prayers (splitting of cause of
action – ground for dismissal is also res judicata or
litis pendentia)
Test to determine existence of forum shopping
- Whether the elements of litis pendentia are present
or whether a final judgment in one case will result to
res judicata in the other
- Whether in the two or more cases pending, there is:
a. Identity of parties
b. Identity of rights or causes of action
c. Identity of reliefs sought
Pleadings requiring a certification against forum shopping
- The complaint
- Other initiatory pleading including a permissive
counterclaim, cross-claim, third-party complaint,
complaint-in-intervention, petition or any application
in which a party asserts his claim for relief.
- Special civil actions
Effect of non-compliance of certification against forum
shopping
- Dismissal upon motion and after hearing (generally
without prejudice to re-filing of complaint)
- Generally not curable by its subsequent submission or
correction
Effect of wilful and deliberate forum shopping
- Ground for summary dismissal; no motion to dismiss
and hearing are required (dismissal is with prejudice
and shall constitute direct contempt as well as cause
for administrative sanctions)
Effect of submission of false certification/ Effect of non-
compliance with the undertaking
- Shall constitute indirect contempt of court without
prejudice to corresponding administrative and
criminal sanctions
C. ALLEGATIONS IN THE PLEADING
Conditions precedent
- Matter which must be complied with before a cause of
action arises
Examples of conditions precedent:
1. A tender of payment is required before making a
consignation
2. Exhaustion of administrative remedies is required in certain
cases before resorting to judicial action
3. Prior resort to barangay conciliation proceedings is
necessary in certain cases
4. Earnest efforts toward a compromise must be undertaken
when the suit is between members of the same family and if
no efforts was in fact made, the case must be dismissed
5. Arbitration may be a condition precedent when the contract
between the parties provides for arbitration first before
recourse to judicial remedies
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Effect of failure to comply with a condition precedent
- An independent ground for a motion to dismiss
Pleading a judgment
- It is sufficient to aver the judgment or decision
Pleading an official document or act
- It is sufficient to aver that the document was issued or the
act was done in compliance with law
Pleading capacity to sue or be sued
- Facts showing the capacity of the party to sue or be sued
must be averred
- If in a representative capacity: his authority must be averred
- If a party is an organization: its legal existence must be
averred
Pleading fraud, mistake or condition of the mind
- The circumstances constituting such fraud or mistake
must be stated with particularity
Pleading alternative causes of actions or defenses
- When two or more statements are made in the
alternative and one of them if made independently
would be sufficient, the pleading is not made
insufficient by the insufficiency of one or more of the
alternative statements.
Pleading actionable documents
- Actionable document: is an instrument or document
on which an action or defense is founded
- Shall set forth in the pleading the substance of the
instrument or document, and attach the original or
the copy of the document to the pleading as an
exhibit and which shall form part of the pleading
How to contest an actionable document
a. By specifically denying the genuineness and due
execution of the document under oath
b. Setting forth what he claims to be the facts
When an oath is not required
a. When the adverse party does not appear to be a
party to the instrument
b. When compliance with an order for an
inspection of the original instrument is refused
Meaning of admission
- That a party whose signature it bears admits that he
signed it or that it was signed by another for him with
his authority
- That at the time it was signed, it was in words and
figures exactly as set out in the pleadings of the party
relying upon it
- That the document was delivered
- That any formal requisites required by law which it
lacks, are waived by him
Defenses not cut off by the admission of genuineness and
due execution
- Payment or non-payment
- Want of consideration
- Illegality of consideration
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- Usury
- Fraud
- Prescription, release, waiver, statute of fraud,
estoppel and former recovery or discharge in
bankruptcy
D. FILING AND SERVICE OF PLEADINGS,
JUDGMENTS AND OTHER PAPERS IN CIVIL
CASES
Filing – is an act of presenting the pleading or other paper
to the clerk of court
Service – is the act of providing a party with a copy of the
pleading or paper concerned
Upon whom service shall be made
- If a party has not appeared by counsel: Service shall
be made upon him
- If a party has appeared by counsel: Service must be
made upon his counsel, unless otherwise ordered by
court
o When a party is represented by a counsel,
notice of all kinds must be served on said
counsel and notice to him is notice to the
client
o Notice to the client and not his counsel is
not notice in law, is a patent nullity and is
not binding upon the party wrongfully
served
Manner of filing
a. By presenting the original copy of the pleading,
notice, appearance, motion, order or judgment
personally to the clerk of court (Date of filing:
the exact date and hour filed)
b. By registered mail (Date of filing: the date of
mailing as shown by the post office stamp on the
envelope or registry receipt)
How to prove filing
- Shall be proved by its existence in the record of the
case
- If it is not in the record:
a. Filed personally – written or stamped
acknowledgment of its filing by the clerk of court
on a copy of the same
b. Filed by registered mail – registry receipt and
the affidavit of the person who did the mailing,
containing a full statement of the date and place
of depositing the mail in the post office in a
sealed envelope addressed to the court, with
postage fully prepaid and with instructions to
the postmaster to return the mail to sender after
10 days if not delivered
Papers required to be filed and served
a. Judgments
b. Resolutions
c. Orders
d. Pleadings subsequent to the complaint
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e. Written motions Filing of the complaint

f. Notices - Is the act of presenting the complaint to the clerk of
g. Appearances court
h. Demands - Signifies the commencement of the civil action
i. Offers of judgment - By filing the complaint, the court acquires jurisdiction
j. Similar papers over the person of the plaintiff

Modes of service Payment of docket fees and acquisition of jurisdiction

a. Pesonally (preferred mode of service)
b. By mail
c. By substituted service
Personal Service
- Preferred mode of service
- Deemed completed by actual delivery
- If another mode of service is used other than
personal service, it must be accompanied by a written
explanation why the service or filing was not done
personally.
Service by Mail
- Preferred service by mail is by registered mail
- Service by ordinary mail may be done only if no
registry service is available in the locality of either the
sender or the addressee
- Ordinary mail: Deemed complete upon the expiration
of 10 days after mailing, unless the court otherwise
provides
- Registered mail: Deemed complete upon actual
receipt by the addressee, or after 5 days from the
date he received the first notice of the postmaster,
whichever is earlier
Substituted service
- Availed of only when there is failure to effect service
personally or by mail (occurs when the office and
residence of the party or counsel are unknown)
- Effected by delivering the copy to the clerk of court,
with proof of failure of both personal service and
service by mail
- Deemed complete at the time of the delivery of the
copy to the clerk of court
Proof of Service
a. Personal Service – written admission of the party
served
b. Service by Ordinary Mail – affidavit of the person
mailing of the facts showing compliance with Sec 7
Rule 13.
c. Service by Registered Mail – affidavit of the person
mailing and the registry receipt issued by the mailing
office
E. KINDS OF PLEADING
COMPLAINT
Complaint – is the pleading alleging the plaintiff’s cause or
causes of action
- The court acquires jurisdiction over the case only
upon payment of the prescribed docket fees.
- Effect of non-payment: The court may allow payment
of the fee within a reasonable period of time, but in
no case beyond the applicable prescriptive or
reglementary period.
- In cases on appeal: Mandatory for the perfection of
an appeal and can be a valid ground for the dismissal
of an appeal
ANSWER
Answer – is a pleading in which a defending part sets forth
his defenses
Kinds of defenses in the answer
a. Negative – when its purpose is to specifically deny
the material averments in the pleading of the
claiming party
b. Affirmative – when its purpose is to prevent or bar
recovery by the claiming party even if it
hypothetically admits the material allegations in the
pleading of the claimant. Include fraud, statute of
limitations, release, payment, illegality, statute of
fraud, estoppel, former recovery, discharge in
bankruptcy, etc.
Effect of absence of specific denial
- Shall be deemed admitted, except averments of the
amount of un-liquidated damages
- Effect: No more triable issues and plaintiff may file a
motion for judgment on the pleadings
Purpose of specific denial
- To make the defendant disclose the matters alleged
in the complaint which he succinctly intends to
disprove at the trial, together with the matter which
he relied upon to support the denial
Kinds of specific denial
1. Absolute denial – Where the defendant specifies
each material allegation of fact the truth of which he
does not admit and, whenever practicable, sets forth
the substance of the matters upon which he relies to
support his denial
2. Partial denial – Where the defendant does not make
a total denial of the material allegations in a specific
paragraph, he denies only a part of the averment
3. Denial by disavowal of knowledge – Where the
defendant alleges that he is without knowledge or
information sufficient to form a belief as to the truth
of a material averment made in the complaint

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 NOTES IN CIVIL PROCEDURE 1
Negative pregnant
- Is a negative implying also an affirmative and which,
although stated in a negative form, really admits the
allegations to which it relates
When a specific denial must be coupled with an oath
a. A denial of an actionable document
b. A denial of allegations of usury in a complaint to
recover usurious interest
Matters not deemed admitted by the failure to make a
specific denial
a. Amount of un-liquidated damages
b. Conclusions in pleading because it is for the court to
make decisions
c. Non-material averments or allegations because only
material allegations have to be denied
Period to file an answer to a complaint
- 15 days after service of summons, unless a different
period is fixed by the court
- If defendant is a private foreign juridical entity: The
answer shall be filed within 30 days after receipt of
summons by such entity. In case of extraterritorial
service, period to answer is 60 days from service of
summons
- In case of supplemental complaint: Within 10 days
from notice of the order admitting the same, unless
otherwise fixed by the court
DEFAULT
Default – is a procedural concept that occurs when the
defending party fails to file his answer within the
reglementary period.
Note: Failure to appear in the pre-trial does not result in
the default of the defendant; instead, it shall be a cause to
allow the plaintiff to present evidence ex parte and the
court to render judgment on the basis thereof
Requisites before a defending party may be declared in
default
a. The court has validly acquired jurisdiction over the
person of the defending party, either by service of
summons or voluntary appearance
b. The claiming party must file a motion to declare the
defending party in default
c. The claiming party must prove that the defending
party has failed to answer within the period provided
by the Rules of Court
d. The defending party must be notified of the motion
to declare him in default
e. There must be a hearing of the motion to declare the
defending party in default
Note: No motu proprio declaration of default, except in
environmental cases
Failure to serve the answer to the adverse party
- Defendant may validly be declared in default
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- Failure is not fatal because the declaration of default
may be set aside by a timely and proper motion with
the requisite affidavit of merit and provided no loss of
time occurs
Effect of a declaration/order of default
- Defendant loses his standing in court, preventing him
from taking part in the trial
- He forfeits his rights as a party litigant
- He has no right to present evidence supporting his
allegations
- He has no right to control the proceedings and cross-
examine witnesses
- Defendant is still entitled to notices of subsequent
proceedings and may participate not as a party but as
a witness
Action of the court after declaration/order of default
a. Proceed to render judgment granting the claimant
such relief as his pleading may warrant; or
b. Require the claimant to submit evidence ex parte
Admission of answer filed out of time
- The trial court has the discretion to extend the time
for filing an answer but also allow an answer to be
filed after reglementary period
- The defendant’s answer should be admitted where it
is filed before a declaration of default and no
prejudice is caused to the plaintiff
Remedies of a defending party in declared in default
a. Remedy after notice of order and before judgment
- File a motion under oath to set aside the order of
default and properly show that the failure to answer
was due to fraud, accident, mistake, or excusable
negligence and that he has a meritorious defense
contained in an affidavit of merit
b. Remedy after judgment and before judgment
becomes final and executory
- File a motion for new trial or appeal from the
judgment as being contrary to the evidence or law
c. Remedy after judgment becomes final and executory
- File a petition for relief from judgment
Extent of relief in a judgment by default
- Shall not exceed the amount or be different in kind
from that prayed for nor award unliquidated damages
Cases where a declaration/order of default is not allowed
a. Annulment of marriage
b. Declaration of nullity of marriage
c. Legal separation
Judgment of default despite filing an answer
a. If a disobedient party refuses to obey an order
requiring him to comply with the various modes of
discovery
b. If a party or officer or managing agent of a party
wilfully fails to appear before the officer who is to
take his deposition, or a party fails to serve answers
to interrogatories
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Note:
- In case of failure to file a return under the Rules on
the Writ of Amparo/Writ of Habeas Data, the court
shall proceed to hear the petition ex parte.
- In case of failure to file an answer under the Revised
Rules on Summary Procedure, the court shall motu
proprio render judgment as may be warranted by the
facts alleged in the complaint and limited to what is
prayed for
COUNTERCLAIM
Counterclaim – is any claim which a defending party may
have against an opposing party
Kinds of counterclaim
a. Compulsory counterclaim – is one that:
o Arises out of or necessarily connected with the
transaction or occurrence that is the subject
matter of the opposing party’s claim
o Falls within the jurisdiction of the court both as
to the amount and nature
o Does not require for its adjudication the
presence of third parties over whom the court
cannot acquire jurisdiction
Test: Is there a logical relation between the claim and
the counterclaim?
Note:
- It must be set up in the same action; otherwise, it
would be barred forever.
- Incompatible with motion to dismiss as the grant of
motion ultimately results in the dismissal of
counterclaim.
b. Permissive counterclaim - if it does not arise or
necessarily connected with the subject matter of the
opposing party’s claim
How to set up an omitted counterclaim
- A counterclaim not set up because of the pleader’s
oversight, inadvertence, excusable neglect or when
justice require, may be set up, by leave of court, by
amendment before judgment .
Period to answer a counterclaim: within 10 days from
service
CROSS-CLAIM
Cross-claim – is any claim by one party against a co-party
arising out of the transaction or occurrence that is the
subject matter either of the original action or a
counterclaim therein
Note:
- The cross-claim that a party has at the time of the
answer is filed shall be contained in said answer;
otherwise it will be barred.
- The cross-claim acquired after service of answer may,
by permission of court, be presented by supplemental
pleading before judgment.
- A cross-claim cannot be set up for the first time on
appeal
Cross-claim versus Counterclaim
Cross-claim Counterclaim
Is a claim against a co-party A claim against an opposing
party
Must arise from the May or may not arise out of
transaction or occurrence the subject matter of the
that is the subject matter of complaint (compulsory or
the original complaint or permissive)
counterclaim

Compulsory counterclaim vs. Permissive counterclaim How to set up a cross-claim arising after the answer
Compulsory counterclaim Permissive counterclaim - A cross-claim which either matured or acquired after
Shall be contained in the May be set up as an service of answer may, by permission of court, be
answer; otherwise it is independent action and will presented by supplemental pleading before
barred not be barred if not judgment.
contained in the answer
Not an initiatory pleading An initiatory pleading How to set up an omitted counterclaim
Does not require a Should be accompanied by - A cross-claim not set up because of the pleader’s
certification against forum a certification against oversight, inadvertence, excusable neglect or when
shopping forum shopping justice require, may be set up, by leave of court, by
Failure to answer is not a Must be answered by the amendment before judgment .
cause for a default party against whom it is
declaration interposed; otherwise he Period to answer a cross-claim: within 10 days from
may be declared in default service
as to the counterclaim
Docket fees are not paid Docket and other lawful THIRD (FOURTH, ETC.)-PARTY COMPLAINT
fees should be paid Third-party complaint – is a claim which a defending party
may, with leave of court, file against a person who is not
How to set up a counterclaim arising after the answer yet a party to the action for contribution, indemnity,
- The counterclaim which either matured or acquired subrogation or any other relief, in respect of his
after service of answer may, by permission of court, opponent’s claim
be presented by supplemental pleading before
judgment.

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 NOTES IN CIVIL PROCEDURE 1
Period to answer a third-party complaint: within 15 days
from service of summons
INTERVENTION
Intervention – is a remedy by which a third party, not
originally impleaded in the proceedings, becomes a litigant
therein to enable him, her or it to protect or preserve a
right or interest which may be affected by such
proceedings; requires leave of court
Requisites of intervention
a. There must be a motion for leave to intervene filed
before rendition of judgment by the trial court
b. The movant must show in his motion that he has a
o Legal interest in the matter of litigation or the
success of either of the parties in the action; or
o Legal interest against both parties; or
o The movant is so situated as to be adversely
affected by a distribution or other disposition of
property in custody of the court or of an officer
thereof
Meaning of legal interest – must be one that is actual,
material and direct and of an immediate character, not
merely contingent or expectant, so that the intervenor will
either gain or lose by the direct legal operation of the
judgment.
Procedure for intervention
1. The motion and pleading shall be served upon the
original parties;
2. The intervenor shall file a motion for intervention
attaching thereto his pleading-in-intervention;
a. Complaint-in-intervention (if the purpose is to
assert the claim against either or all of the
original parties)
b. Answer-in-intervention (if the pleading seeks to
unite with the defending party in resisting a
claim against the latter)
Time for intervention: May be filed at any time before
rendition of judgment by the trial court
Period to answer a complaint-in-intervention: within 15
days from notice of the order admitting the same, unless a
different period is fixed by law
F. REPLY
Reply – is a pleading, the function of which is to deny, or
allege facts in denial or avoidance of new matters alleged
by way of defense in the answer and thereby join or make
issue as to such new matters; is a responsive pleading to
an answer
General Rule: Filing of a reply to the answer is not
mandatory. By failure to file a reply, all new matters
alleged in the answer are deemed controverted or denied.
When filing of reply is advisable: When the defense in the
answer is based upon a written instrument or document
(considered an actionable document), plaintiff has to reply
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under oath if he desires to deny specifically the
genuineness and due execution of the actionable
document and avoid admission of such matters.
Period to file a reply: within 10 days from service of the
pleading responded to
G. AMENDMENT OF PLEADINGS
Amendment as a matter of right
- A party the right to amend his pleading as a matter of
right, so long as the pleading is amended only once
and before a responsive pleading is served.
- A plaintiff may amend his complaint before an answer
is served and a defendant may amend his answer
before a reply is served upon him >> no need to file a
motion of leave
- When there is service of a responsive pleading, a
party can amend his pleading only upon prior leave of
court
Note:
- The trial court’s duty to admit an amended complaint
made as a matter of right is purely ministerial; refusal
to admit correctible by mandamus
- An amendment to the complaint would still be a
matter of right even if a motion to dismiss is filed
because such motion is not a responsive pleading
Amendment to cure a failure to state a cause of action; to
conform to the evidence
- When issues not raised by the pleadings are tried
with the express and implied consent of the parties,
such as when no objection is made by either, they
shall be treated in all respects as if they had been
raised in the pleading
- Where a complaint insufficiently states the cause of
action, such may be cured by evidence presented
during the trial without objection.
- Party may then move to amend his complaint to
conform to the evidence
- Failure to amend: will not affect the trial of these
issues as they are deemed to have been raised in the
pleading (implied amendment)
- When evidence is objected: the court may,
nevertheless, admit the evidence where the objecting
party fails to show that the admission of the evidence
would prejudice him in his defense. The court must,
however, give him a continuance to enable him to
meet the new situation
Note:
- A complaint that has no cause of action at the time it
was filed cannot be cured by an amended or
supplemental pleading alleging the existence or
accrual of a cause of action while the case is pending
Amendment to correct jurisdictional defect
- Allowed when made before a responsive pleading
- Cannot be validly done after a responsive pleading is
served (requires leave of court
 NOTES IN CIVIL PROCEDURE 1
Effect of the amendment on the original pleading
- An amended pleading supersedes the original one
which it amends
- Admissions made in the original pleading may be
received in evidence against the pleader
Summons of amended complaint, when required
a. Where the defendants have already appeared before
the trial court by virtue of summons in the original
complaint – the amended complaint may be served
upon them without need of another summons
b. Where the defendants have not yet appeared in court
– new summons for the amended complaint must be
served on them
Supplemental Pleadings
- Is one which sets forth transactions, occurrences, or
events which have happened since the date of the
pleading sought to be supplemented
- Requires leave of court
- May be answered within ten (10) days from notice of
the order admitting the same, unless a different
period is fixed by the court.
- Answer not mandatory; the answer to the complaint
shall serve as the answer to the supplemental
complaint if no new or supplemental answer is filed
II. MOTIONS IN CIVIL CASES
Motion – is an application for relief other than by a
pleading
Forms of Motion
- All motions shall be in writing, except:
a. Motions made in open court
b. Motions made in the course of a hearing or trial
- Same rules as to pleadings with respect to caption,
designation, signature and other matters of form
Hearing of motion
a. Litigated motion – one which requires the
parties to be heard before a ruling on the motion
is made by the court, e.g. motion to dismiss,
motion for summary judgment
b. Ex parte motion – one which does not require
that the parties be heard and which the court
may act upon without prejudicing the rights of
the adverse party, e.g. motion for extension of
time
Notice of hearing
- Shall be served in a such a manner as to ensure its
receipt by the other party at least three (3) days
before the date of hearing, unless the court for good
cause sets the hearing on shorter notice
- Shall be addressed to all the parties concerned
- Shall specify the time and date of hearing which shall
not be later than 10 days after the filing of the motion
Proof of service of the motion: REQUIRED
Bem Jamison
Motion day
- All litigated motions shall be scheduled for hearing on
Friday afternoons, or if Friday is a non-working
holiday, in the afternoon of the next working day.
Effect of failure to set motion for hearing, include a
notice of hearing and serve the motion
- Considered proforma; mere scrap of paper; not
entitled to judicial cognizance
Motion for leave to file a motion
- Shall be accompanied by the motion sought to be
admitted
Omnibus Motion Rule
- Requires that a motion that attacks a pleading,
judgment, order or proceeding shall include all
grounds then available, and all objections not so
included shall be deemed waived
Objections not deemed waived even if not included in the
motion
1. Lack of jurisdiction over the subject matter
2. Litis pendentia
3. Res judicata
4. Prescription
PROHIBITED MOTIONS
Revised Rules on Summary Procedure/ Rules of
Procedure for Small Claim Cases
a. Motion to dismiss the complaint
b. Motion for a bill of particulars
c. Motion for new trial
d. Motion for reconsideration of a judgment
e. Motion for reopening of trial
f. Motion for extension of time to file pleading,
affidavits or any other paper
g. Motion to declare the defendant in default
h. Dilatory motions for postponement
Rules on Writ of Amparo and Habeas Data
a. Motion to dismiss
b. Motion for extension of time to file opposition,
affidavit, position paper and other pleadings
c. Dilatory motions for postponement
d. Motion for a bill of particulars
e. Motion to declare respondent in default
f. Motion for reconsideration of interlocutory orders or
interim relief orders
Rules of Procedure for Environmental Cases
a. Motion to dismiss the complaint
b. Motion for a bill of particulars
c. Motion for extension of time to file pleading, except
to file answer, the extension not to exceed 15 days
d. Motion to declare the defendant in default