RULE 3

Section 1. Who may be parties; plaintiff and defendant. — Only natural or juridical persons, or entities
authorized by law may be parties in a civil action. The term "plaintiff" may refer to the claiming party,
the counter-claimant, the cross-claimant, or the third (fourth, etc.) — party plaintiff. The term
"defendant" may refer to the original defending party, the defendant in a counter-claim, the cross-
defendant, or the third (fourth, etc.) — party defendant. (1a)

Juridical person- The entities authorized by law to be parties to a suit include the estate of a deceased
person
Non- resident aliens living abroad may maintain personal actions against Phil ippine residents in
Philippine courts, even if a counterclaim is brought against said plaintiffs

Section 2. Parties in interest. — A real party in interest is the party who stands to be benefited or injured
by the judgment in the suit, or the party entitled to the avails of the suit. Unless otherwise authorized by
law or these Rules, every action must be prosecuted or defended in the name of the real party in
interest.

- A real party in interest is the party who stands to be benefited or injured by the judgment in the suit,
or the party entitled to the avails of the suit

The term "party" includes a surety who, although not initially a party to the case, is sought to be held
liable on its performance bond, hence, as such party, it can appeal from the order rendered

If the suit is not brought in the name of or against the real party in interest , a motion to dismiss may-be
filed on the ground that the complaint states no cause of action

Section 3. Representatives as parties. — Where the action is allowed to be prosecuted and defended by
a representative or someone acting in a fiduciary capacity, the beneficiary shall be included in the title of
the case and shall be deemed to be the real property in interest. A representative may be a trustee of an
expert trust, a guardian, an executor or administrator, or a party authorized by law or these Rules. An
agent acting in his own name and for the benefit of an undisclosed principal may sue or be sued without
joining the principal except when the contract involves things belonging to the principal.

The phrase "partya u t h o r i z e d b y law o r the s e Rule s, " inc lude s the repre sentat ive of the owner
in ejectment proceedings, a receiver (Sec. 6, Rule 59) and the assignee of a debtor in insolvency
proceedings.

A labor union, as the duly recognized bargaining unit of its members, can file a representat ive suit in
their behalf under this section

A corporation cannot maintain an action to recover property belonging to its stockholders as it has no
interest

Parties in interest may be classified and defined as follows:

Indispensable parties: Those without whom no final determination can be had of an action
Necessary parties: Those who are not indispensable but ought to be parties if complete relief is to be
accorded as to those already parties, or for a complete determinat ion or set tlement of the claim
subject of the action; ex: if the plaintiff creditor sues only one of the two joint debtors, the judgmen
would accord complete relief as between him and said defendant .
Representative parties: Those referred to in Sec. 3 of this Rule.
Pro forma parties: Those who are required to be joined as co-parties in suits by or against another party
as may be provided by the applicable substantive law or procedural rule
Quasi parties: Those in whose behalf a class or representat ive suit is brought; ex: parties who were not
initially and formally impleaded as original par t ies to the case, but later bound themselves to comply
with the terms of a judgment on compromise rendered

Section 4. Spouses as parties. — Husband and wife shall sue or be sued jointly, except as provided by
law.

The provision hereon in the 1964 Rules of Court was merely a reproduction of Art. 113 of the Civil Code.
This is an illustration of joinder of pro forma parties required by the Rules.

Section 5. Minor or incompetent persons. — A minor or a person alleged to be incompetent, may sue or
be sued with the assistance of his father, mother, guardian, or if he has none, a guardian ad litem.

-An unemancipated minor could sue or to be sued "through" his par en t or guardian. In the case of
emancipated minors, they could sue or be sued "with the assistance" of the parent or guardian.

Section 6. Permissive joinder of parties. — All persons in whom or against whom any right to relief in
respect to or arising out of the same transaction or series of transactions is alleged to exist, whether
jointly, severally, or in the alternative, may, except as otherwise provided in these Rules, join as plaintiffs
or be joined as defendants in one complaint, where any question of law or fact common to all such
plaintiffs or to all such defendants may arise in the action; but the court may make such orders as may
be just to prevent any plaintiff or defendant from being embarrassed or put to expense in connection
with any proceedings in which he may have no interest.

In the case of indispensable parties and necessary parties, thei r joinder in the action is compulsory

Permissive joinder of parties requires that:

a. The right to relief arises out of the same transaction or series of transactions;
b. There is a question of law or fact common to all the plaintiffs or defendants; and
c. Such joinder is not otherwise proscribed by the provisions of the Rules on jurisdiction and venue.

"Series of transactions" means separate dealings with the parties but all of which dealings are directly
connected with the same type of subject-matter of the suit

Ex: several employees, hired under separate contracts, could join in a suit for minimum wages and non-
payment thereof against thei r employer, their contracts being a "series of t ransact ions"

Ex: Where a complaint contained two causes of action, each for a sum of money less than P20,000,
owed by the plaintiff to a different defendant and arising from different and independent transactions,
al thoug h the total of both claims exceeded P20,000, the Regional Trial Court had no juri sdict ion the n
since the total ity rule involving different parties, in Sec. 33(1) of B.P. Blg. 129 and Sec. 11 of th e Int e r i
m Rules, is subject to th e requi rement s in this section, one of which is tha t the right to relief arises out
of the same series of transactions
Section 7. Compulsory joinder of indispensable parties. — Parties in interest without whom no final
determination can be had of an action shall be joined either as plaintiffs or defendants. (7)

Section 8. Necessary party. — A necessary party is one who is not indispensable but who ought to be
joined as a party if complete relief is to be accorded as to those already parties, or for a complete
determination or settlement of the claim subject of the action.

-In the case of indispensable parties, the action cannot proceed unless they are joined
-If an indispensable party is not impleaded, any judgment would have no effectiveness
-even if a necessary party is not included in the suit, the case may be finally determined in court, but the
judgement will not resolve the whole controversy.
-Indispensable parties are those with such an interest in the controversy that a final decree would
necessarily affect their rights, so that the court cannot proceed without their presence.

Section 9. Non-joinder of necessary parties to be pleaded. — Whenever in any pleading in which a claim
is asserted a necessary party is not joined, the pleader shall set forth his name, if known, and shall state
why he is omitted. Should the court find the reason for the omission unmeritorious, it may order the
inclusion of the omitted necessary party if jurisdiction over his person may be obtained.

The failure to comply with the order for his inclusion, without justifiable cause, shall be deemed a waiver
of the claim against such party.

The non-inclusion of a necessary party does not prevent the court from proceeding in the action, and
the judgment rendered therein shall be without prejudice to the rights of such necessary party.

-reiterates the need for impleading all necessary parties in order that the claims involved in the action
may be completely determined to avoid multiplicity of suits
-the court shall order the inclusion of the necessary party, if the plaintiff shall be ordered to file an
amended complaint impleading the necessary party therein as a co-defendant.

Section 10. Unwilling co-plaintiff. — If the consent of any party who should be joined as plaintiff can not
be obtained, he may be made a defendant and the reason therefor shall be stated in the complaint. (10)

Section 11. Misjoinder and non-joinder of parties. — Neither misjoinder nor non-joinder of parties is
ground for dismissal of an action. Parties may be dropped or added by order of the court on motion of
any party or on its own initiative at any stage the action and on such terms as are just. Any claim against
a misjoined party may be severed and proceeded with separately.

-Objections to defects in the parties impleaded should be made at the earliest opportunity, the moment
such defects become apparent, by a motion to strike the names of the parties impleaded.
-Objection to misjoinder cannot be raised for the first time on appeal
-Non-joinder does not warrant dismissal but the court should order the inclusion of the necessary party
-Al though both misjoinder of parties and causes of action are not grounds for dismissal , they stand on
different premises as there can be misjoinder of parties even if there is only one cause of action
common to them, and there can be misjoinder of causes of action even if there is only one plaintiff.
-In case of misjoinder of causes of action, the one which has been misjoined need merely be severed
and proceeded with separately, as provided in Sec. 6, Rule 2.
Section 12. Class suit. — When the subject matter of the controversy is one of common or general
interest to many persons so numerous that it is impracticable to join all as parties, a number of them
which the court finds to be sufficiently numerous and representative as to fully protect the interests of
all concerned may sue or defend for the benefit of all. Any party in interest shall have the right to
intervene to protect his individual interest.

The requisites of a class suit (or representative suit) are:

a. The subject -matter of the controversy is one of common or general interest to many persons;
b. The parties affected are so numerous that it is impracticable to bring them all before the court; and
c. The parties bringing the class suit are sufficiently numerous or representative of the class and can fully
protect the interests of all concerned.

The complaint must specially state that the same is being brought in behalf of others with whom the
parties share a common interest

Section 13. Alternative defendants. — Where the plaintiff is uncertain against who of several persons he
is entitled to relief, he may join any or all of them as defendants in the alternative, although a right to
relief against one may be inconsistent with a right of relief against the other.

Thus, where the owner of the goods is not sure whether the same was lost in transit or while it was on
deposit in the warehouse of the arrastre operator, he may sue the shipper or the operator in the
alternative, although the right against the former is on admiralty while that against the operator is a
contract

Section 14. Unknown identity or name of defendant. — Whenever the identity or name of a defendant
is unknown, he may be sued as the unknown owner heir devisee, or by such other designation as the
case may require, when his identity or true name is discovered, the pleading must be amended
accordingly.

-This presupposes that the plaintiff really does not know the identi ty and/or address of the defendant
or is not in a position to ascertain such identity or whereabouts.

Section 15. Entity without juridical personality as defendant. — When two or more persons not
organized as an entity with juridical personality enter into a transaction, they may be sued under the
name by which they are generally or commonly known.

-In the answer of such defendant, the name and addresses of the persons composing said entity must all
be revealed.

-Accordingly, i t was understood that the suit contemplate d therei n could be brough t only aga ins t
associations which do not have an independent juridical personali ty but are engaged in business, thu s
excluding non-profit or chari table associat ions.
Section 16. Death of party; duty of counsel. — Whenever a party to a pending action dies, and the claim
is not thereby extinguished, it shall be the duty of his counsel to inform the court within thirty (30) days
after such death of the fact thereof, and to give the name and address of his legal representative or
representatives. Failure of counsel to comply with his duty shall be a ground for disciplinary action.

The heirs of the deceased may be allowed to be substituted for the deceased, without requiring the
appointment of an executor or administrator and the court may appoint a guardian ad litem for the
minor heirs.

The court shall forthwith order said legal representative or representatives to appear and be substituted
within a period of thirty (30) days from notice.

If no legal representative is named by the counsel for the deceased party, or if the one so named shall
fail to appear within the specified period, the court may order the opposing party, within a specified
time to procure the appointment of an executor or administrator for the estate of the deceased and the
latter shall immediately appear for and on behalf of the deceased. The court charges in procuring such
appointment, if defrayed by the opposing party, may be recovered as costs.

-The failure of the counsel to comply with his duties under this section is now a ground for disciplinary
action, as his inaction will resul t in undue delay in the proceedings or may prejudice the interests of his
client's successors in interest.

-In the absence of a legal representat ive of the deceased party, the opposing par ty shal l be requi red,
within a specified time, to procure the appointment of an executor or admini st rator for the estate of
the deceased in an appropriate special proceeding.

-These provisions apply where the claim survives and regardless of whether either the plaintiff or the
defendant dies or whether the case is in the trial or appellate courts.

-Upon learning of the death of a party, the trial court should order the amendment of the complaint but
the appearance of the decedent's legal representative.

Ex: the claim of the deceased plaintiff in the present action to quiet title over the land in litigation affects
primari ly and principally property and property rights and, therefore, is one that survives even after her
death

The actions that survive against the decedent ' s representatives are:
(a) act ions to recover rea l and personal property against the estate;
(b) actions to enforce liens thereon; and
(c) actions to recover for an injury to person or property by reason of tort or delict committed by the
deceased

-Where during the pendency of actions filed by the guardian in behalf of his ward, the latter died and
the
former was thereaf ter appointed admini st rato r of the estate of the decedent, he may be subst i tuted
as a representat ive party in the pending actions
Section 17. Death or separation of a party who is a public officer. — When a public officer is a party in an
action in his official capacity and during its pendency dies, resigns, or otherwise ceases to hold office, the
action may be continued and maintained by or against his successor if, within thirty (30) days after the
successor takes office or such time as may be granted by the court, it is satisfactorily shown to the court
by any party that there is a substantial need for continuing or maintaining it and that the successor
adopts or continues or threatens to adopt or continue to adopt or continue the action of his
predecessor. Before a substitution is made, the party or officer to be affected, unless expressly assenting
thereto, shall be given reasonable notice of the application therefor and accorded an opportunity to be
heard. (18a)

Section 18. Incompetency or incapacity. — If a party becomes incompetent or incapacitated, the court,
upon motion with notice, may allow the action to be continued by or against the incompetent or
incapacitated person assisted by his legal guardian or guardian ad litem. (19a)

Section 19. Transfer of interest. — In case of any transfer of interest, the action may be continued by or
against the original party, unless the court upon motion directs the person to whom the interest is
transferred to be substituted in the action or joined with the original party. (20)

-These sections provide for the other instances wherein subst i tut ion of par t ies is proper, subject to
the conditions therein and whenever the court, upon motion and notice, finds justifiable reason

-The "officer of the Philippines" contemplated in Sec. 17 does not include a judge who is sued in
connection with the exercise of his judicial functions as any action impugning it is not abated by his
cessation from office

-Under Sec. 18, as amended, in case of supervening incapacity or incompetency of a party, the action
shall
continue to be prosecuted by or against him personally and not through his repre sentat ives , in line
with the amendments in Secs. 3 and 5 of this Rule, since he continues to be the real party in interest
although assisted by the corresponding guardian.

-Sec. 19 of this Rule does not provide tha t the substitution of parties contemplated therein is
mandatory, it beingpermissible to continue the action by or against the originalparty in case of transfer
of interest pendente lite.
As the original party is bound by the final outcome of the case, his substitution by the transferee is not
necessary unless the substitution by or the joinder of the latter is required by the court; otherwise,
failure to do so does not warrant the dismissal of the case

Section 20. Action and contractual money claims. — When the action is for recovery of money arising
from contract, express or implied, and the defendant dies before entry of final judgment in the court in
which the action was pending at the time of such death, it shall not be dismissed but shall instead be
allowed to continue until entry of final judgment. A favorable judgment obtained by the plaintiff therein
shall be enforced in the manner especially provided in these Rules for prosecuting claims against the
estate of a deceased person.
-Whe n th e action is for recovery of money arising from contract and the defendant dies before entry of
final judgment in the court in which the action was pending at the time of such death, it shall not be
dismissed but it shall instead be allowed to continue until entry of final judgment
Hence it will be necessary to have a legal representat ive appear and be subst i tuted for the deceased
defendant.
Section 21. Indigent party. — A party may be authorized to litigate his action, claim or defense as an
indigent if the court, upon an ex parte application and hearing, 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.

Such authority shall include an exemption from payment of docket and other lawful fees, and of
transcripts of stenographic notes which the court may order to be furnished him. The amount of the
docket and other lawful fees which the indigent was exempted from paying shall be a lien on any
judgment rendered in the case favorable to the indigent, unless the court otherwise provides.

Any adverse party may contest the grant of such authority at any time before judgment is rendered by
the trial court. If the court should determine after hearing that the party declared as an indigent is in
fact a person with sufficient income or property, the proper docket and other lawful fees shall be
assessed and collected by the clerk of court. If payment is not made within the time fixed by the court,
execution shall issue or the payment thereof, without prejudice to such other sanctions as the court may
impose.

"indigent party"- pauper litigant; per son who is indigent although not a public charge, i.e., that he has
no property or income sufficient for his support aside from his labor, even if he is self-supporting when
able to work and in employment

-The proof of pauperism required under the former Rule consisted merely of affidavits or certificates of
the corresponding t r e a sur e r s that the party had no registered property.

-the adverse party may later still contest the grant before judgment and proceed in accordance with the
present provisions of said Section 21

Section 22. Notice to the Solicitor General. — In any action involving the validity of any treaty, law,
ordinance, executive order, presidential decree, rules or regulations, the court, in its discretion, may
require the appearance of the Solicitor General who may be heard in person or a representative duly
designated by him. (23a)
 RULE 4

Section 1. Venue of real actions. — Actions affecting title to or possession of real property, or interest
therein, shall be commenced and tried in the proper court which has jurisdiction over the area wherein
the real property involved, or a portion thereof, is situated.

Forcible entry and detainer actions shall be commenced and tried in the municipal trial court of the
municipality or city wherein the real property involved, or a portion thereof, is situated.

Section 2. Venue of personal actions. — All other actions may be commenced and tried where the
plaintiff or any of the principal plaintiffs resides, or where the defendant or any of the principal
defendants resides, or in the case of a non-resident defendant where he may be found, at the election
of the plaintiff.

-Where the subject -matter of the action involves various parcels of land si tuated in different provinces,
the venue is determined by the singularity or plural i ty of the transact ions involving said parcels of land.

-Actions for th e annulment or resci ssion of a sale and the return of realty, to compel the vendor to
accept payment of the purchase price of the land or to compel the vendor to deliver the certificate of
title to the land are real actions

-An action for the review of an administrative decision involving real property should he brought in the
Regional Trial Court

-An action to compel the mortgagee to accept payment and for the consequent cancellation of a real
estate mortgage is a personal action

-The rules of venue for personal actions in the inferior cour ts an d in the Regional Trial Cour t s ar e
generally made to depend on the residence of the part ies

Section 3. Venue of actions against nonresidents. — If any of the defendants does not reside and is not
found in the Philippines, and the action affects the personal status of the plaintiff, or any property of
said defendant located in the Philippines, the action may be commenced and tried in the court of the
place where the plaintiff resides, or where the property or any portion thereof is situated or found.

-Where a personal action is against a resident defendant and a nonresident defendant but who is in the
Philippines, both of whom are principal defendants, the venue may be laid either where the resident
defendant resides or where the non-resident defendant may be found

-Where the plaintiff is a non-resident of th ePhi l ippines but is permi t ted to sue here (as in the case
of a foreign corporation with the requisite license under Sec. 123 of the Corporation Code), then the
venue is the place where the defendant resides, or, in real actions,where the real property or part
thereof is situated.

-An except ion to th e general rules on venue is found in civil actions for damages in case of libel (Art,
360, RPC)

Section 4. When Rule not applicable. — This Rule shall not apply.

(a) In those cases where a specific rule or law provides otherwise; or

(b) Where the parties have validly agreed in writing before the filing of the action on the exclusive venue
thereof.

-Sec. 4(b) enunciates a clarification of the rule regarding stipulations of the parties on venue. It requires
a valid wr i t ten agreement executed by the part ies before the filing of the action.
-To be binding, the parties must have agreed on the exclusive nature of the venue of any prospective
action between them.

-The court may declare agreements on venue as contrary to publ ic policy i f such st ipulat ion unjust ly
denies a party a fair opportunity to file suit in the place de signa te d by th e Rules.

-in domestic corporations- location of its principal place of business stated in its articles of incorporation,
not the branch office

-a third-party complaint yields to the jurisdiction and venue of the main action even if said third-party
complaint is based on a separate agreement which specifies a different venue for suits arising from said
agreement

-SC has the power to order a change of venue or place of trial in civil or criminal cases or other judicial
proceeding

RULE 5

Uniform Procedure In Trial Courts

Section 1. Uniform procedure. — The procedure in the Municipal Trial Courts shall be the same as in the
Regional Trial Courts, except (a) where a particular provision expressly or impliedly applies only to either
of said courts, or (b) in civil cases governed by the Rule on Summary Procedure. (n)

Section 2. Meaning of terms. — The term "Municipal Trial Courts" as used in these Rules shall include
Metropolitan Trial Courts, Municipal Trial Courts in Cities, Municipal Trial Courts, and Municipal Circuit
Trial Courts. (1a)
-Under Sec. 22 of B.P. Blg. 129 and Par. 21(a) of the Interim Rules and Guidelines, all cases decided by
the
inferior courts may be appealed to the Regional Trial Courts

-Where the lower court had no jurisdiction over the case, the RTC does not acquire appellate
jurisdiction. However, while the appellant may assail such jurisdiction on appeal , the parties may submit
to the original jurisdiction of the Regional Trial Court and said court can proceed to try the case

BP. 129
I.
Applicability
SECTION 1. Scope. — This rule shall govern the summary procedure in the Met ropoli tan Trial Courts,
the Municipal Trial Courts in Cities, the Municipal Trial Courts, and the Municipal Circuit Trial Courts in
the following cases falling wi thin thei r jurisdict ion:
A. Civil Cases:
(1) All case s of forcible ent r y an d unl awfu l detainer irrespect ive of the amount of damages or unpaid
rentals sought to be recovered. Where attorney's fees are awarded, the same shall not exceed twenty
thousand pesos (1*20,000.00).
(2) All other civil cases, except probate proceedings, where the total amount of the plaint i ffs claim does
not exceed ten thousan d pesos (F10.000.00), exclusive of interest and costs.

IV.
Common Provisions

SEC. 18. Referral to Lupon. — Cases requi ring referral to the Lupon for conciliation under the provisions
of President ial Decree No. 1508 where there is no showing of compliance with such requi rement , shall
be dismissed wi thout prejudice, and may be revived only after such r eq ui r eme n t shal l have been
complied with,

-New court rules apply to pending cases only with reference to proceedings therein which take place
after
the date of their effectivity.
 RULE 6

Kinds Of Pleadings

Section 1. Pleadings defined. — Pleadings are the written statements of the respective claims and
defenses of the parties submitted to the court for appropriate judgment. (1a)

Section 2. Pleadings allowed. — The claims of a party are asserted in a complaint, counterclaim, cross-
claim, third (fourth, etc.)-party complaint, or complaint-in-intervention.

The defenses of a party are alleged in the answer to the pleading asserting a claim against him.

An answer may be responded to by a reply. (n)

-"pleadings" includes all papers filed, excluding evidentiary matters, from the complaint down to the
judgment .

-Documents attached to the pleadings and made a part thereof are considered evidence and also part of
the pleadings

Section 3. Complaint. — The complaint is the pleading alleging the plaintiff's cause or causes of action.
The names and residences of the plaintiff and defendant must be stated in the complaint. (3a)
-The provisions of this section with regard to a complaint are also true with and are applicable to other
initiatory pleadings, as well as to petitions filed in the trial or appellate courts, except that , in the lat ter
case, it is the act of the lower court which is complained of that has to be alleged, instead of a cause of
action as technically understood.
-The jurisdiction of the court and the nature of the action are determined by the averment s in the
complaint . The prayer for relief is not controlling on the court and is merely advisory as to the nature of
the action, as it is the averment s in the complaint which control

Section 4. Answer. — An answer is a pleading in which a defending party sets forth his defenses. (4a)

Section 5. Defenses. — Defenses may either be negative or affirmative.

(a) A negative defense is the specific denial of the material fact or facts alleged in the pleading of the
claimant essential to his cause or causes of action.

(b) An affirmative defense is an allegation of a new matter which, while hypothetically admitting the
material allegations in the pleading of the claimant, would nevertheless prevent or bar recovery by him.
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.

-Section 5(a) defines a "negative defense" as the specific denial of the material allegations in the
complaint.

-To be considered a specific denial- read Rule 8, Sec 10

-Sec. 5(b) defines and il lust rates the so-called affirmative defenses. The enumeration is not exclusive.

Section 6. Counterclaim. — A counterclaim is any claim which a defending party may have against an
opposing party. (6a)

Section 7. Compulsory counterclaim. — A compulsory counterclaim is one which, being cognizable by

the regular courts of justice, 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, the counter-claim may be considered compulsory regardless of the
amount. (n)

Counterclaim- considered as in effect a new suit in which the party named as the defendant is the
plaintiff and th e plainti ff becomes th e defendant

Counterclaims classifications:
Compulsory counterclaim- arises out of or is necessari ly connected with the t ransact ion or occurrence
tha t is th e subject -mat t er of the opposing party' s claim.
Permissive counterclaim- does not arise out of nor is it necessarily connected with the subject -mat ter
of the opposing party' s claim.
counterclaim is compulsory if:
(a) it arises out of, or is necessarily connected with, the transaction oroccurrence which is the subject -
mat ter of the opposing par ty' s claim;
(b) it does not requi re for its adjudication the presence of thi rd part ies of whom the court cannot
acquire jurisdict ion; and
(c) subject to the qualification on the jurisdict ional amount with regard to counterclaims
raised in the Regional Trial Courts

-An after-acquired counterclaim is not barred, even if the same arises out of or is necessarily connected
with the claim alleged in the complaint in the previous case but was not set up (Rule 11, Sec 8)

-Where the counterclaim is already in existence, the same may be set up by filing an amended answer

-A plaintiff who chooses not to answer a compulsory counterclaim cannot be declared in default on such
counterclaim.

-A counterclaim or cross-claim must be answered within 10 days from service

Section 8. Cross-claim. — A 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 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.

Cross-claim- filed against a co-party and a cross-claim always arises out of the t ransact ion or
occurrence that is the subject -matter either of the original action or of a counterclaim

Section 9. Counter-counterclaims and counter-crossclaims. — A counter-claim may be asserted against

an original counter-claimant.

A cross-claim may also be filed against an original cross-claimant. (n)

Section 10. Reply. — 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 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.

If the plaintiff wishes to interpose any claims arising out of the new matters so alleged, such claims shall
be set forth in an amended or supplemental complaint.

-primary purpose of the reply is to join issues with new mat er s raised in the answer and thereby
authorize the pleader of the reply to introduce evidence on said new issues.

-The filing of the reply is optional as the new mat ter s raised in the answer are deemed controverted
even without a reply.
filing of a reply was compulsory and must be filed within the said 10-day period:
(a) Where the answer alleges the defense of usury in which case a reply under oath is requi red,
otherwise the allegations of usury are deemed admi t ted
(b) Where the answer is based on an actionable document in which case a verified reply is necessary,
otherwise the genuineness and due execution of said actionable document are generally deemed
admitted

-Where the case is submitted on the pleadings, the failure of the party to make a reply does not mean
that he is deemed to have controverted the issues raised in the answer, as this is an exception to the
rule

-A party cannot, in his reply, amend his cause of action nor introduce therein new or additional causes of
action

Section 11. Third, (fourth, etc.)—party complaint. — 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.

-A third-party complaint is similar to a cross-claim in that the thi rd-par ty plaintiff seeks to recover from
anothe r person some relief in respect to the opposing party' s claim, but it differs therefrom in that in a
cross- claim, the thi rd party is al ready impleaded in the action while in a thi rd-party complaint , said
third par ty is not yet impleaded.

-A thi rd-party complaint need not arise out of or be entirely dependent on the main action as i t suffices
tha t the former be only "in respect of the claim of the thi rd-party plaintiffs opponent.

tests to determine whether the thi rd-party complaint is in respect of plainti ff s claim are:
a. Where it arises out of the same t ransact ion on which the plaint i ffs claim is based; or whether the
third party claim, although arising out of another or different contract or t ransact ion, is connected with
the plaintiffs claim;
b. Whether the thi rd-party defendant would be liable to the plaintiff or to the defendant for all or part
of the plaintiff's claim against the original defendant
c. Whether the thi rd-party defendant may assert any defenses which the thi rd-party plaintiff has or
may have to the plaint i ffs claim

-Where the trial court has jurisdiction over the main case, it also has jurisdiction over the thi rd-party
complaint regardless of the amount involved

-Where a thi rd-party defendant appealed to the then Court of Fi rst Instance but the thi rd-party
plaintiff (defendant ) did not appeal from the judgment against him in favor of the plaintiff, such
judgment became executory, without prejudice to the thi rd-party defendant ' s appeal

-A thi rd-party complaint cannot be filed in a special civil action for declaratory relief as no material relief
is sought in this action

Section 12. Bringing new parties. — When the presence of parties other than those to the original action
is required for the granting of complete relief in the determination of a counterclaim or cross-claim, the
court shall order them to be brought in as defendants, if jurisdiction over them can be obtained.

-the court ma y au th or i z e th e filing of th e prope r th i r d -p a r t y complaint to implead the other

part ies not included in the original complaint

Section 13. Answer to third (fourth, etc.)—party complaint. — A third (fourth, etc.) — party defendant
may allege in his answer his defenses, counterclaims or cross-claims, including such defenses that the
third (fourth, etc.) — party plaintiff may have against the original plaintiff's claim. In proper cases, he
may also assert a counterclaim against the original plaintiff in respect of the latter's claim against the
third-party plaintiff.

RULE 7

Parts of a Pleading

Section 1. 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.

-It i s not th e caption of th e pleadin g bu t th e allegations therein that determine the nature of the
action,
and the court shal l gran t the relief wa r rant e d by the allegat ions and the proof even if no such relief
is prayed for
et. al. - et alii ("and others"); et alius ("and another") is often affixed to the name of the person first
mentioned, where there are more than one party to the action on either side

Section 2. The body. — The body of the pleading sets fourth its designation, the allegations of the party's
claims or defenses, the relief prayed for, and the date of the pleading. (n)

(a) Paragraphs. — The allegations in the body of a pleading shall be divided into paragraphs so
numbered 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. (3a)

(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. (4)

(c) Relief. — The pleading shall specify the relief sought, but it may add a general prayer for such further
or other relief as may be deemed just or equitable. (3a, R6)

(d) Date. — Every pleading shall be dated.

-The prayer in a pleading does not constitute an essent ial part of the allegat ions determinat ive of the
jur i sdict io n of a court . The quest io n of jur i sdict io n depends largely upon the determinat ion of the
true nature of the action filed by a party which, in turn, involves the considerat ion of the ul t imate facts
alleged as const i tut ive of the cause of action

Section 3. 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 promptly report to the court a
change of his address, shall be subject to appropriate disciplinary action.
-All pleadings, motions and papers filed in court , whether personally or by mail, which do not bear
counsel's Roll of Attorneys Number may not be acted upon by the court, without prejudice to whatever
disciplinary action the court may take against the erring counsel who shall likewise be required to
comply with the requirement within 5 day s from notice

-counsel should prompt ly report to the court where he is appearing in a case any change of his address.

No substitution of attorney s will be allowed unless

(a) there is a wri t ten request for such subst i tut ion,
(b) filed wit h th e wr i t te n consent of th e cl ient , and
(c) with the writ ten consent of the attorney to be subst ituted,

Section 4. Verification. — Except when otherwise specifically required by law or rule, pleadings need not
be under oath, verified or accompanied by affidavit .(5a)

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.

-Ver i ficat ion ma y be mad e by th e par ty , his repr esenta t ive , lawyer or any person who personal ly
knows the t ruth of the facts alleged in the pleading

As a rule, pleadings need not be verified unless so requi red by the Rules and jur i sprudence , as in the
following instances:
a. Petition for relief from judgment or order (Sec. 3, Rule 38);
b. Pet ition for review from the Regional Trial Courts to the Court of Appeals (Sec. 1, Rule 42);
c. Petition for review from the quasi-judicial agencies to the Court of Appeals (Sec. 5, Rule 43);
d. Appea l by c e r t i o r a r i from th e Cour t of Tax Appeal s to th e Sup r em e Cour t R.A. 1125);
e. Appeal by certiorari from the Court of Appeals to the Supreme Court (Sec. 1, Rule 45);
f . Pet i t io n for annulment of judgment s or final orders and resolutions (Sec. 1, Rule 47);
g. Complaint for injunction (Sec. 4, Rule 58);
h. Application for appointment of receiver
i . Appl icat ion for suppor t pendente lite (Sec. 1, Rule 69);
j . Pet i t ion for cert iorari agains t the judgment s , final orders or resolutions of const i tut ional
commissions(Sec. 2, Rule 64);
k. Petition for certiorari (Sec. 1, Rule 65);
l. Pet it ion for prohibition (Sec. 2, Rule 65);
m. Petition for mandamus (Sec. 3, Rule 65);
n. Petition for quo war ranto (Sec. 1, Rule 66);
o. Complaint for expropriat ion (Sec. 1, Rule 67);
p. Complaint for forcible entry or unlawful detainer (Sec. 4, Rule 70);
q. Pet ition for indirect contempt (Sec. 4, Rule 71);
r. Pet it ion for appointment of a general guardian (Sec. 2, Rule 93);
s. Petition for leave to sell or encumber property of the ward by a guardian (Sec. 1, Rule 95);
t. Pet it ion for the declarat ion of competency of a ward (Sec. 1, Rule 97);
u. Pet ition for habeas corpus (Sec. 3, Rule 102);
v. Pet ition for change of name (Sec. 2, Rule 103);
w.Pet i t ion for voluntary judicial dissolut ion of a corporation(Sec. 1, Rule 104); and
x. Petition for cancellation or correction of ent ries in the civil registry (Sec. 1, Rule 108).

While not requi red to be verified in the manner and form prescribed by Sec. 4 of this Rule, the following
must be under oath:
a. Denial of the genuineness and due execution of an actionable document (Sec. 8, Rule 8);
b. Denial of allegations of usury (Sec. 11, Rule 8);
c. Motion to set aside a default order (Sec. 3[bJ, Rule 9).
d. Answer to writ ten interrogatories (Sec. 2, Rule 25); an d
e. Answer to request for admission (Sec. 2, Rule 26).

Supporting affidavits or affidavits of merits are required in the following:

a. Mot ion to postpon e for absenc e of evidenc e (Sec. 3, Rule 30);
b. Motion to postpone for illness of a party or counsel (Sec. 4, Rule 30);
c.Mot ion for summa r y ju d gmen t or opposi t ion thereto (Secs. 1, 2, 3 and 5, Rule 35);
d. Mot ion for new t ria l on th e groun d of fraud, accident, mistake or excusable negligence or opposit
ion thereto (Sec. 2, Rule 37);
e. Petition for relief from judgment or order (Sec. 3, Rule 38);
f. Thi rd-party claim (See. 16, Rule 39);
g.Proo f r e q u i r e d of a r e d emp t i o n e r (Sec. 30, Rule 39);
h. Mot io n for p r e l imi n a r y a t t a c hme n t (Sec. 3 , Rule 57);
i. Motion for dissolut ion of preliminary injunct ion (Sec. 6, Rule 58);
j. Application for a writ of replevin (Sec. 2, Rule 60);
k.Claim against the estate of a decedent (Sec. 9, Rule 86); and
l. Motion for new t rial on the ground of newly- discovered evidence in criminal cases (Sec. 4, Rule 121).

-Even where verification is requi red by the Rules, the court may give due course to the pleading even if
such verification is lacking or is insufficient or defective if the circumstances warrant the relaxation or
dispensing of the rule in the interest of justice
-Verification of a pleading is a formal, not a jurisdictional, requisite; It is simply intended to secure an
assurance that the allegations are true and correct and that the pleading is filed in good faith
-the Court may simply order the correction of the unverified pleading or act on it and waive strict
compliance with the rules
-Pleadings filed in the inferior courts in cases covered by the Rule on Summary Procedure are all
required to be verified

Section 5. 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. (n)

Forum shopping- a party seeks a favorable opinion in another forum through means other tha n
appeal or certiorari by raising identical causes of action, subject -mat ter and issues.
- whe n the element s of litis pendentia are p r e s en t or wher e a final jud gme n t in one case will
amount to res judicata in the other case. The test is whether in the two or more pending cases there is
identity of parties, rights or causes of action and reliefs sought
- Forum shopping i s condemne d be caus e i t duly burdens courts wi th heavy caseloads, unduly taxes
the manpower and financial resources of the judiciary, and trifles with and mocks judicial processes.