LEGAL WRITING REVIEWER:
SC held: The Court of Appeals, thus,
Unlawful Detainer - ordinarily refers to the
conduct of a tenant who is in possession of an
apartment or leased property and refuses to
leave the premises upon the expiration or
termination of the lease. Typically, the landlord
wishes to evict the tenant for not paying the
rent or for endangering the safety of the other
tenants or the landlord's property.
ELEMENTS:
1) initially, possession of property by the
defendant was by contract with or by tolerance
of the plaintiff;
(2) eventually, such possession became illegal
upon notice by plaintiff to defendant of the
termination of the latter’s right of possession;
(3) thereafter, the defendant remained in
possession of the property and deprived the
plaintiff of the enjoyment thereof; and
(4) within one year from the last demand on
defendant to vacate the property, the plaintiff
instituted the complaint for ejectment
CASES:
1. Jalique vs Dandan (failure to file answer)
Case of unlawful detainer. Jaliques are the
owner of a certain land where the Dandans
serve as lessee. Jaliques wanted to claim the
land but the Dandans resisted. Case of unlawful
detainer was filed. Both MeTC and RTC ruled in
favor of Jaliques because of the Dandans failure
to file an Answer filing a Joint Counter Affidavit
instead. When the case reached CA, it ruled in
favor of Dandans and ordered the case to be
remanded to MeTC. Jaliques filed a motion but
was denied. Case was brought up by petitioners
to the SC.
committed no reversible error in reversing the
RTC and ordering the remand of the case to the
MeTC. Not all lawyers are gifted with the skill to
craft pleadings that fully meet the requirements
as to substance and form. But what matters is
the substance and not the form. Thus, while a
pleading may be deficient in craftsmanship and
can be criticized with respect to incidental
particulars, it must be deemed sufficient if it
fairly apprises the adverse party of the claims or
contentions therein stated and does not
mislead him to his surprise or injury or when
from the allegations therein, taken together,
the matters required to be averred may be
gathered.
2. SSS vs Moonwalk Dev’t ( importance of
demand and extinguishment of obligation)
Petition for review on certiorari of the decision
of the then Intermediate Appellate Court
affirming in toto the decision of the former
Court of First Instance of Rizal, Seventh Judicial
District, Branch XXIX, Pasay City.
On February 20, 1980, the petitioner Social
Security System filed a complaint in the Court of
First Instance of Rizal against the respondent
Moonwalk Development and Housing
Corporation. The petitioner alleged that it had
committed an error in failing to compute the
12% interest due on delayed payments on the
loan of the respondent and also in not reflecting
in its statement of account an unpaid balance
on the said penalties for delayed payments. The
respondent answered denying the claims and
asserting that the petitioner had the
opportunity to ascertain the truth but it failed
to do so. The Court of First Instance dismissed
the complaint on the ground that the obligation
was already extinguished by the payment by
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the respondent of its indebtedness to the
petitioner and by the latter’s cancellation of the
real estate mortgages executed in its favor by
the defendant. The Motion for Reconsideration
filed by the petitioner was dismissed by the trial
court. When it reached the Intermediate
Appellate court, it held that the respondent’s
obligation was extinguished and affirmed the
decision of the trial court. ISSUE: Is the penalty
demandable even after the extinguishment of
the principal obligation?
HELD: Contrary to what the plaintiff-appellant
states in its Brief, what is sought to be
recovered in this case is not the 12% interest on
the loan but the 12% penalty for failure to pay
on time the amortization. What is sought to be
enforced therefore is the penal clause of the
contract entered into between the parties.
Penal clause: "an accessory obligation which the
parties attach to a principal obligation for the
purpose of insuring the performance thereof by
imposing on the debtor a special presentation
(generally consisting in the payment of a sum of
money) in case the obligation is not fulfilled or is
irregularly or inadequately fulfilled"
Accessory obligation: that attached to a
principal obligation in order to complete the
same or take its place in the case of breach.
Note therefore that an accessory obligation is
dependent for its existence on the existence of
a principal obligation. A principal obligation may
exist without an accessory obligation but an
accessory obligation cannot exist without a
principal obligation.Under the Civil Code, delay
begins from the time the obligee judicially or
extrajudicially demands from the obligor the
performance of the obligation. Article 1169 of
the Civil Code provides for three (3) instances
when demand in not necessary to render the
obligation in default. In the present case during
all the period when the principal obligation was
still subsisting, although there were late
amortizations there was no demand made by
the creditor, plaintiff-appellant for the payment
of the penalty. Therefore up to the time of the
letter of plaintiff-appellant there was no
demand for the payment of the penalty, hence
the debtor was no in mora in the payment of
the penalty. Now, besides the Real Estate
Mortgages, the penal clause which is also an
accessory obligation must also be deemed
extinguished considering that the principal
obligation was considered extinguished, and the
penal clause being an accessory obligation. That
being the case, the demand for payment of the
penal clause made by plaintiff-appellant in its
demand letter dated November 28, 1979 and its
follow up letter dated December 17, 1979
(which parenthetically are the only demands for
payment of the penalties) are therefore
ineffective as there was nothing to demand. It
was clear that respondent was never in default
because petitioner never compelled
performance.
(Tinamad na ko mag-digest ng case. HAHAHA)
PLAGIARISM: is the deliberate intent to steal
and pass off (the ideas or words of another) as
one's own
Associate Justice Mariano del Castillo was
accused of plagiarizing the decision for the
Vinuya et. Al case. Said case is about the
comfort women during the Japanese
occupation asking for reparation. Certain
passages from publications were used by del
Castillo but failed to be attributed properly. (“A
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Fiduciary of Theory of Jus Cogens" by Evan
Criddle and Evan Fox-Decent, "Breaking the
Silence on Rape as an International Crime" by
Mark Ellis, and "Enforcing Erga Omnes
Obligations in International Law" by Christian
Tams.)
CASE PROPER:
In re: Justice del Castillo: WON SC can compel
Exec. Dept., et. al. to file a complaint. WON it as
a justiciable controversy as opposed to political
question?
Political question: presupposes that court
cannot take cognizance or cannot inquire into
the powers of government.
Decision was talking too much. Issue was only
WON Judicial Dept. can take cognizance on
behalf of petitioner; Footnote 69 generally cited
words in ergo omnes? (Case of Vinuya v.
Romulo)
GOLLUM v. ACME CASE: (Demand Letter,
Reply, Pleading)
Demand Letter: Formal letter from an attorney
on behalf of a client, demanding payment or
some other action from another party.
Although commonly not a legal necessity in
filing a suit, a demand letter is sent usually to
settle the matter without litigation or to put
pressure on the other party. In general, a
demand letter states (1) what payment or
action is demanded, (2) why, (3) how the
payment or action may be effected, and (4) a
time limit. It usually also carries an express or
implied threat that otherwise a court case will
be instituted forthwith.
PLEADINGS: written statements of respective
claims and defenses of the parties submitted to
the court for appropriate judgment.
KINDS OF PLEADINGS:
a. Complaint- pleading alleging the plaintiff’s
cause/s of action w/ specification of relief
sought but may add a general prayer for such
further relief as may be deemed just and
equitable. (Rule 6 Sec. 3)
b. Answer – pleasing where defendant sets
forth his affirmative or negative defenses. It
may also be the response to a counterclaim or a
cross claim. (Rule 6 Sec. 4; it is a compulsory
pleading; recall Sps. Jalique v. Sps. Dandan)
Defenses: (rule 6 sec. 5)
a. Affirmative – allegation of a new
matter which while hypothetically admitting the
material allegations would nevertheless prevent
or bar recovery by the claiming party; in nature
of confession or avoidance
b. Negative – specific denial of the
material fact or facts alleged in the pleading
essential to establish plaintiff’s cause of action.
c. Counterclaim – any claim w/c a defending
party may have against an opposing party
d. Compulsory counterclaim - arises out of or is
connected with the transaction or occurrence
constituting the subject matter of the opposing
party's claim and does not require for its
adjudication the presence of third parties of
whom the court cannot acquire jurisdiction.
Such a counterclaim must be within the
jurisdiction of the court both as to the amount
and the nature thereof, except that in an
original action before the Regional Trial Court,
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the counterclaim may be considered
compulsory regardless of the amount.
e. Cross-claim - 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 of a counterclaim therein.
Such cross-claim may include a claim that the
party against whom it is asserted is or may be
liable to the cross-claimant for all or part of a
claim asserted in the action against the cross-
claimant.
f. Reply - the office or 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. If a party does not file such
reply, all the new matters alleged in the answer
are deemed controverted.
g. Third (fourth) Party Counterclaim
A third (fourth, etc.) party complaint is a claim
that a defending party may, with leave of court,
file against a person not a party to the action,
called the third (fourth, etc.) party defendant,
for contribution, indemnity, subrogation or any
other relief, in respect of his opponent's claim.
PARTS OF A PLEADING:
Caption.:
The caption sets forth the name of the court,
the title of the action, and the docket number if
assigned.
The title of the action indicates the names of
the parties. They shall all be named in the
original complaint or petition; but in
subsequent pleadings, it shall be sufficient if the
name of the first party on each side be stated
with an appropriate indication when there are
other parties.
Their respective participation in the case shall
be indicated.
Note:
-In criminal cases, venue is jurisdictional. It
depends on the circumstances.
-In civil cases, parties can stipulate “Any action /
controversy which arise may be filed only in the
court of _____...” Venue is subject to a
stipulation. In the absence thereof, venue is in
the place of residence of parties upon the
discretion of the plaintiff. (Law provides)
Note:
-Colossus, being registered in the DTI, does not
bear with it a juridical personality. Hence, name
of proprietor will take the place of the trading
company.
-If what was indicated is the business name has
no legal personality, complaint is susceptible for
dismissal. Real party of interest is not indicated
properly = it is not binding.
Body.:
∆ The culmination of facts until it culminates to
the cause of action
∆ Designation of the personal circumstances of
the parties
∆ Allegation (chronological, identified by
number = So it is easier to refer what particular
number I admitted or not. Every paragraph, one
event = easier for defendant to prepare answer)
Summons – copy of the complaint
∆ Relief – ultimate facts, without any conclusion
(Normally a write up when there is a factual
issue; A factual issue is where a plaintiff has his
own version, defendant has his own which are
different.)
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Note: Pleading shold be short, concise, using
simple words in formulation of allegations,
crystal clear, direct to the point, no need for
facts to be repeated)
∆ Relief – General prayer
Ie. In an Unlawful detainer, stipulation prevails
over legal interest which is pegged at 6% per
annum.
-On the pendency of the case, status quo
remains.
-If the reliefs are not sought in the pleading, the
court will not grant such reliefs.
-Take note that reliefs must have corresponding
allegations.
-As regards interest, SC held that 5% is against
public policy.
Reliefs:
1. Possession of the leased premises
2. Payment of rental in arrears (Eg.
P400,000 in the Gollum case)
3. Reasonable monthly rent from the date
of the institution of proceeding until
such time defendant has finally vacated
premises.
4. Just and equitable reliefs (Situations
which afford complete relief upon
parties)
5. Attorney’s fees (For the plaintiff)
(a) Paragraphs. - The allegations in the body of
a pleading shall be divided into paragraphs so
numbered as to be readily identified, each of
which shall contain a statement of a single set
of circumstances so far as that can be done with
convenience. A paragraph may be referred to
by its number in all succeeding pleadings.
(b) Headings. - When two or more causes of
action are joined, the statement of the first
shall be prefaced by the words "first cause of
action," of the second by "second cause of
action," and so on for the others.
When one or more paragraphs in the answer
are addressed to one of several causes of action
in the complaint, they shall be prefaced by the
words "answer to the first cause of action" or
"answer to the second cause of action" and so
on; and when one or more paragraphs of the
answer are addressed to several causes of
action, they shall be prefaced by words to that
effect.
Signature and address.:
Every pleading must be signed by the party or
counsel representing him, stating in either case
his address which should not be a post office
box.
The signature of counsel constitutes a
certificate by him that he has read the pleading;
that to the best of his knowledge, information,
and belief there is good ground to support it;
and that it is not interposed for delay.
An unsigned pleading produces no legal effect.
However, the court may, in its discretion, allow
such deficiency to be remedied if it shall appear
that the same was due to mere inadvertence
and not intended for delay. Counsel who
deliberately files an unsigned pleading, or signs
a pleading in violation of this Rule, or alleges
scandalous or indecent matter therein, or fails
to promptly report to the court a change of his
address, shall be subject to appropriate
disciplinary action.
Verification.:
Except when otherwise specifically required by
law or rule, pleadings need not be under oath,
verified or accompanied by affidavit.
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A pleading is verified by an affidavit that the
affiant has read the pleading and that the
allegations therein are true and correct of his
knowledge and belief.
A pleading required to be verified which
contains a verification based on "information
and belief," or upon "knowledge, information
and belief," or lacks a proper verification, shall
be treated as an unsigned pleading.
Certification against forum shopping.:
The plaintiff or principal party shall certify
under oath in the complaint or other initiatory
pleading asserting a claim for relief, or in a
sworn certification annexed thereto and
simultaneously filed therewith: (a) that he has
not theretofore 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) if there is such
other pending action or claim, a complete
statement of the present status thereof; and (c)
if 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.
Failure to comply with the foregoing
requirements shall not be curable by mere
amendment of the complaint or other initiatory
pleading but shall be cause for the dismissal of
the case without prejudice, unless otherwise
provided, upon motion and after hearing. The
submission of a false certification or non-
compliance with any of the undertakings
therein shall constitute indirect contempt of
court, without prejudice to the corresponding
administrative and criminal actions. If the acts
of the party or his counsel clearly constitute
willful and deliberate forum shopping, the same
shall be ground for summary dismissal with
prejudice and shall constitute direct contempt,
as well as a cause for administrative sanctions.
∆ Legal cases which will injure plaintiff: 1.
Docket fees (xpn: Labor disputes) 2.
Miscellaneous legal expenses (Eg, Transcript of
stenographic notes)
TSN – If it has not yet been transcribed, lawyers
may say it’s off the record. But it can never be a
valid excuse.
∆ Certification of Non Forum shopping by
Juridical Person
May be executed by properly authorized person
(lawyer of the corporation)
∆ Default
If the defending party fails to answer within the
time allowed therefore, the court shall upon
motion of the claiming party with notice to the
defending party and proof such failure, declare
defending party in default.
∆ Periods of filing of Pleading
WHEN TO FILE RESPONSIVE PLEADINGS
Section 1. Answer to the complaint.
The defendant shall file his answer to the
complaint within fifteen (l5) days after service
of summons, unless a different period is fixed
by the court.
Sec. 2. Answer of a defendant foreign private
juridical entity.
Where the defendant is a foreign private
juridical entity and service of summons is made
on the government official designated by law to
receive the same, the answer shall be filed
within thirty (30) days after receipt of summons
by such entity.
Sec. 3. Answer to amended complaint.
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 Where the plaintiff files an amended complaint
as a matter of right, the defendant shall answer
the same within fifteen (l5) days after being
served with a copy thereof.
Where its filing is not a matter of right, the
defendant shall answer the amended complaint
within ten (10) days from notice of the order
admitting the same. An answer earlier filed may
serve as the answer to the amended complaint
if no new answer is filed.
This Rule shall apply to the answer to an
amended counterclaim, amended cross-claim,
amended third (fourth, etc.) party complaint,
and amended complaint-in-intervention.
Sec. 4. Answer to counterclaim or cross-claim.
A counterclaim or cross-claim must be
answered within ten (l0) days from service.
SAMPLE DEMAND (Tacs)
Sec. 5. Answer to third (fourth, etc.)- party
complaint.
The time to answer a third (fourth, etc.)- party
complaint shall be governed by the same rule as
the answer to the complaint.
Sec. 6. Reply.
A reply may be filed within ten (l0) days from
service of the pleading responded to.
Sec. 7. Answer to supplemental complaint.
A supplemental complaint may be answered
within ten (10) days from notice of the order
admitting the same, unless a different period is
fixed by the court. The answer to the complaint
shall serve as the answer to the supplemental
complaint if no new or supplemental answer is
filed.
Checks should be enumerated (Check no.,
Date, Amount)
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SAMPLE REPLY (Tacs)

SAMPLE PLEADING (Gollum CASE)

Republic of the Philippines

NATIONAL CAPITAL JUDICIAL REGION
METROPOLITAN TRIAL COURT
City of Manila
Branch ___

GOLLUM REALTY, INC., Represented by its (President)

Plaintiff,
CIVIL CASE No. _____
-versus- FOR: Unlawful Detainer

CELSO MENDOZA, doing business under the name and style of Colossus Trading, and all persons claiming rights
under Celso Mendoza,
Defendant.

x-----------------------------------x

COMPLAINT

COMES NOW, the plaintiff, through the undersigned counsel and unto this Honorable Court, most
respectfully avers:

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1. Plaintiff (______________), President of Gollum Realty Development, Inc., is of legal age, Filipino,
and presently residing at #222 Manalac St., Sampaloc, Manila.

2. Defendant Celso Mendoza, Proprietor of Colossus Trading, is of legal age, Filipino, and presently
residing at #223 Manalac St., Sampaloc, Manila.

3. Plaintiff is the rightful owner of a commercial building located at #1521 Dapitan St, Sampaloc, Manila
by virtue of a Contract of Sale (Annex A)perfected last December 22, 2011 between Acme Realty which
was represented by its President, Juan Magpayo.

4. At the time of the perfection of Contract of Sale (annex A), Defendant possesses and use for its benefit
the commercial building referred to in the preceding paragraph by virtue of a Contract of Lease entered
into between the Defendant and Acme Realty, previous owner of the said commercial building.

5. Plaintiff informed the Defendant that it is the new rightful owner of the said commercial building
through a letter dated January 5, 2012 (Annex B) and requested to make the payment of the rentals (to
the plaintiff) which amounts to Php50, 000.00 per month to be paid on the 5th day of each month.

6. Despite repeated demands to pay (annexes C and D), Defendant failed and still refuses to make the
payments of rentals since December 2011. Final demand to pay and vacate was sent to Defendant
through a letter dated May 5, 2012 (annex E).

7. By reason of failure of the defendant to vacate the premises and to pay the unpaid rentals, the plaintiff
was compelled to file this complaint engaging the services of counsel in the amount of P20, 000.00.

PRAYER

WHEREFORE, premises considered, it is most respectfully prayed unto this Honorable Court that after
due hearing, judgement be rendered ordering the Defendant:

1. To vacate the subject premises and to return the possession of it to the Plaintiff.
2. To pay the amount of Php350, 000.00 as payment for the rental in arrears.
3. To pay the amount of Php50, 000.00 per month as compensation for the reasonable use of the premises
from the time of the filing of this complaint till the Defendant vacate the premises.
4. To pay Attorneys Fee.
5. To pay cost of suit.

Plaintiff likewise prays for such other reliefs as the court may find just and equitable under the
circumstances.

City of Manila, June 10, 2012.

REYES, TOLENTINO AND CRUZ LAW OFFICE

Counsel for the Plaintiff
Unit 123, Victoria Tower I
Taft Avenue, Manila

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 By:

Louise Reyes
Roll of Attorney No. 98765
IBP No. 12345/2-5-12/Manila
PTR No. 87654/12-22-11/Manila

VERIFICATION/CERTIFICATION OF FORUM SHOPPING

Republic of the Philippines )

City of Manila ) S.S.

I, (president of Gollum), of legal age, Filipino citizen, single and resident of #222 Manalac St.,
Sampaloc, Manila, after having been duly sworn to in accordance with law do hereby depose and say:

That I am the plaintiff in the above-entitled case;

That I have caused the preparation of the foregoing complaint and have read the allegations contained
therein;
The allegations in the said complaint are true and correct of my own knowledge and authentic records;
I hereby certify that I have not commenced any other action or proceeding involving the same issues in
any court, tribunal or quasi-judicial agency and, to the best of my knowledge, no such other action or
claim is pending therein;
That if I should learn thereafter that a similar action or proceeding has been filed or is pending, I hereby
undertake to report that fact within five (5) days therefrom to the court or agency where the original
pleading and sworn certification contemplated herein have been filed;

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 I executed this verification/certification to attest to the truth of the foregoing facts and to comply with
the provisions of Adm. Circular No. 04-94 of the Honorable Supreme Court.
IN WITNESS WHEREOF, I have hereunto affixed my signature this 10th of June 2012, in the
City of Manila.

(President of Gollum)

SUBSCRIBED AND SWORN to before me this 10th day of June, 2012, in the City of Manila,
affiant exhibiting to me his Driver’s License No. 12345 issued by the Land Transportation Office on
April 8, 2012 at the City of Manila.

ATTY. NO CASE
Notary Public
My Commission Expires Dec. 31, 2012
Roll of Attorney No. 34567
IBP No. 12345/2-5-12/Manila
PTR No. 87654/12-22-11/Manila

Doc. No. ________

Page No. _______

Book No. _______

Series of 2012.

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