Indigent Parties

- A party may be authorized to litigate as an indigent if the court is satisfied that the party is one
who has no money or property sufficient and available for food, shelter and basic necessities for
himself and his family
The application and the hearing to litigate as an indigent litigant is made ex parte (Sec 21, Rule
3, ROC)
- Exemption (a)docket fees; (b) other lawfule fees; and (c) TSN
- However, the amount of the docket and other lawful fees, w/c the indigent was exempt from
paying, shall be lien on the judgement rendered in the case favorable to the indigent. A lien on
the judgement shall not arise if the court provides otherwise

CLASS SUIT requisites

1. a class suit is an action where one or more may sue for the benefit of all if the requisites for
said action are complied with. (a class suit will depend upon the attendant of facts)

Requisites:
a. the subject matter of the controversy must be of common or general interest to many
persons;
b. the persons are so numerous that it is impracticable to join all parties;
c. the parties actually before the court are sufficiently numerous and representative as to
fully protect the interests of all concerned; and,
d. The representatives sue or defend for the benefit of all.

The “subject matter” of the action here is meant the physica;, the things real or personal, the
money, lands, chattels, and the like, in relation to the suit w/c is prosecuted and not the delict or
wrong committed by the defendant.

Pleadings allowed by ROC

a. Complaint
b. Answer
c. Counterclaim
d. Crossclaim
e. Thirs(4th)-party complaint
f. Complaint-in-intervention
g. Reply

Pleadings allowed on Summary Procedure

a. Complaint
b. Compulsory Counterclaim pleaded in the answer
c. Cross-claim pleaded in the answer
d. Answers
PLEADINGS
-pleadings are the written statements of the respective claims and defences of the parties submitted to
the court for appropriate judgement
An answer may be responded to by a reply only if the defending party attaches and actionable
document.
Complaint is the pleading alleging the Plaintiff’s or claiming party’s cause or causes of action. The names
and residences of the Plaintiff and defendant must be stated in the complaint.
An Answer is a pleading in w/c a defending party sets forth his or her defenses
Defenses – NEGATIVE OF AFFIRMATIVE.
A negative defense – (a) is the specific denial of the material fact or facts
(b) alleged in the pleading of the claimant
(c) essential to his or her cause or causes of action

An Affirmative Defense (a) an allegation of a new matter

(b) which, while hypothetically admitting the material allegations in the pleading of the claimant
(c) would nevertheless prevent or bar recovery by him or her
*the affirmative defenses include Fraud, statute of limitations, release, payment, illegality, statute of
frauds, estoppel, former recovery, discharge in bankruptcy, and any other matter by way of confession
and avoidance
*may also include grounds for dismissal of a complaint (a) that the court has no jurisdiction over the
subject matter, (b) that there is another action pending between the same parties for the same cause,
(c) or that the action is barred by a prior judgement.

Counterclaim – any claim which a defending party may have against an opposing party.
Compulsory counterclaim – (a) being cognizable by the regular courts of justice
(b) one which arises out of or is connected with the transaction or occurrence constituting the subject
matter of the opposing party’s claim
(c) and does not require for its adjudication the presence of 3 rd parties of whom the court cannot
acquire jurisdiction
(d) such counterclaim must be within the jurisdiction of the court both as to the amount and the nature
thereof
(e) in an original action before RTC, the counterclaim may be considered compulsory regardless of the
amount
(f) A C. counterclaim not raised in the same action is barred, unless otherwise allowed by the Rules

Cross-claim – (a) any claim

(b) by one party against a co-party
(c) arising out of the transaction or occurrence
(d) that is the subject matter either of the original action or of a counterclaim
REPLY. All new matters alleged in the answer are deemed controverted. If the plaintiff wishes to
interpose any claims arising out of the new matters alleged, such claims shall be set forth in an amended
or supplemental complaint. However, the plaintiff may file a reply only if the defending party attaches
an actionable document to his or her answer.
A reply is a pleading, the office or function of which is to deny, or allege facts in denial or avoidance of
new matters alleged in, or relating to, said actionable document.
In the event of an actionable document attached to the Reply, the defendant may file a rejoinder if the
same is based solely on an actionable document.
Third(fourth)-party Complaint – a claim that a defending party may, with leave of court, file against a
person not a party to the action, for contribution, indemnity, subrogation or any other relief, in respect
of his or her opponent’s claim.
Complaint shall be denied admission, and the court shall require the defendant to institute a separate
action, where: (a) third(4th)-party defendant cannot be located within 30 calendar days from the grant of
such leave, (b) matters extraneous to the issue in the principal case are raised, (c) the effect would be to
introduce a new and separate controversy into the action.
PARTS AND CONTENTS of a PLEADINGS
1. Caption – name of the court, title of the action, and the docket number if assigned.
2. Body – designation, allegation’s of the party’s claims or defenses, the relief prayed for, and the date of
the pleading.
3. Signature and Address – (a) every pleading (and other written submission to the court) must be signed
by the party or counsel representing him or her.
(b) the signature of counsel constitutes a certificate by him or her that her or she has read the pleading
and document; that to the best of his knowledge, information, and belief, formed after an inquiry
reasonable under these circumstances:
1. it is not being presented for any improper purpose, such as to harass, cause unnecessary
delay, or needlessly increase the cost of litigation;
2. the claims, defenses, and other legal contentions are warranted by existing law or
jurisprudence, or by a non-frivolous argument for extending, modifying, or reversing existing
jurisprudence.
3. the factual contentions have evidentiary support or, if specifically so identified, will likely have
evidentiary support after availment of the modes of discovery under these Rules; and,
4. the denials of factual contentions are warranted on the evidence or, if specifically so
identified, are reasonably based on belief or a lack of information.