Manner of Making Allegations in Pleadings

1. Paragraphs
-> must be numbered
-> must contain only one thought, as much as possible

2. Pleadings must contain only ultimate facts

-> Ultimate facts are those that constitute the cause of action
=> right of plaintiff, obligation of defendant, act or omission of defendant in
violation of right

3. Not Ultimate Facts

-> Hypothetical Facts
-> Conclusions of Law

4. Allegations of Fraud / Mistake

-> nsufficient to state that defendant “committed fraud”

5. State of Mind
-> May be alleged in general terms

6. Effect if totality of allegations would not constitute valid cause of action

-> MTD may be filed based on failure to state a cause of action

7. Defenses: Negative or Affirmative

-> Negative Defense: in the nature of denial
=> Result: an issue of fact
-> All grounds to dismiss are affirmative defenses

8. Some condition precedents

-> katarungang pangbaranggay

9. Effect of Failure to Plead: defenses and objections not plaided in a MTD/Answer

deemed waived
Similar to Omnibus Motion rule
4 EX: Prescription, Lack of JD/SM, Litis Pendentia, Res Judicata

10. Same terms but diff effect

Period from notice
Period from summons
Period from receipt
Differentiate

11. Summons served upon spouse for the other spouse. SC: held valid

12. spouse may violate spouses right to priivay

13. Reglementary is not found in the dictionary

14. Defendant in default. Plaintiff files motion. After motion, defendant files an answer.
Court SHOULD ACCEPT IT. There is only one exception: is if the failure to answer was
INTENTIONAL on the part of the defendant in order to delay the action.

13. Defendnat in default. Plaintiff files motion to declare in defualt. Court declares order
of default. Defendant files answer after order of default. Status of answer? It is
DISCRETIONARY upon the judge to admit it or not. Stance of the courts is to be liberal.

14. After order of default. He can still APPEAR in trial/hearings but cannot
PARTICIPATE.

15.After order of default, what are the choices of the court?

-> render judgment or allow plaintiff to submit evidence ex parte
-> What’s the difference in effect?
-> If court renders judgment immediately, he cannot grant more than the relief prayed
for
-> If evidence is submitted, Court can rendered judgment depending on the evidence
NOT on the relief prayed for

What are unliquidated damages: damages that are not contractually determined
e.g. in construction contract, the project should be turned over complete w/in period and
any DELAY = damage of 50k everyday

^this is contractual/liquidated damage

If there is no such an agreement = unliquidated

e.g. MORAL damages, EXEMPLARY damages, NOMINAL == all are unliquidated

subject to discretion of the court

if Court decides to render judgment immediately, then plaintiffs remedy is motion to

reopen

If defendant is declared in default he is entitled to all notices until the end

15. Remedies

After Order Before Judgment

-> Motion to Set Aside Order of the Court
-> you CANNOT APPEAL THE ORDER bc it is an interlocutory order

After Judgment
-> Appeal
 -> MR
-> MNT

After finality
-> Relief from Judgment 37(38)
-> Certiorary 65
-> Prohibition 65
-> Annulment of Judgment

Can you violate the law in order to serve public interest?

16. Formal Amendments

Typo, clerikal, unimportant

Can be done immediately

17. Can a plaint w/o cause of action be amended to include a cause of action?

YES

18. Can a court w/o JD allow amendment to make it acquire JD?

Jurisprudence: NO. No JD, nothing to amend.

DISSENTING OPINION by late Justice Herrera

That when an amendment is a MATTER OF RIGHT, you can change the entire
complaint and frame it in such a way that it falls under JD. Why bc it is a matter of right