Republic of the Philippines

Supreme Court
Manila

Pleadings defined

Pleadings allowed

Complaint

Answer

Defenses
Counterclaim

Compulsory counterclaim

Cross-claim

Counter-counterclaims and counter-cross-claims

Reply

Third, (fourth, etc.)-party complaint

 Bringing new parties

Answer to third (fourth, etc.)-party complaint

Caption

The body

Paragraphs

Headings
Relief.

Date

Signature and address

motu proprio

Verification
Certification against forum shopping
Contents

In general

Alternative causes of action or defenses

Conditions precedent

Capacity

Fraud, mistake, condition of the mind

Judgment

Action or defense based on document

How to contest such documents

Official document or act

Specific denial

Allegations not specifically denied deemed admitted

Affirmative defenses
 motu proprio

certiorari mandamus

Striking out of pleading or matter contained therein

Defenses and objections not pleaded

Compulsory counterclaim or cross-claim not set up barred

Default Declaration of.

Effect of order of default

Relief from order of default

Effect of partial default

Extent of relief to be awarded

Where no defaults allowed

Amendments in general

Amendments as a matter of right

Amendments by leave of court.

 Formal amendments

No amendment necessary to conform to or authorize presentation of

evidence.

Supplemental pleadings

Filing of amended pleadings

Effect of amended pleadings

Answer to the complaint

Answer of a defendant foreign private juridical entity

Answer to amended complaint

Answer to counterclaim or cross-claim

Answer to third (fourth, etc.)-party complaint

Reply.

Answer to supplemental complaint

Existing counterclaim or cross-claim

Counterclaim or cross-claim arising after answer

Omitted counterclaim or cross-claim

Extension of time to file an answer

When applied for purpose

Action by the court

Compliance with order

Effect of non-compliance

Stay of period to file responsive pleading

Bill a part of pleading

Coverage

Filing and Service, defined

Manner of filing

Papers required to be filed and served.

Modes of Service.

Personal Service.
 Service by mail

Substituted service

Service by electronic means and facsimile

Presumptive service.

Change of electronic mail address or facsimile number.

Electronic mail and facsimile subject and title of pleadings and other
documents.
 Service of Judgments, Final Orders or Resolutions.

ex parte

Conventional service or filing of orders, pleadings and other documents.

Subpoenae

Completeness of service.

Proof of filing
Proof of service.
 Court-issued orders and other documents

Notice of lis pendens.

lis pendens

Clerk to issue summons

Contents

ex parte motion

ad litem
By whom served

Validity of summons and issuance of alias summons

alias

Service in person on defendant

Substituted service
 Service upon entity without juridical personality

Service upon prisoners

Service consistent with international conventions.

Service upon minors and incompetents

ad litem

Service upon spouses.

Service upon domestic private juridical entity

Duty of counsel of record.

Service upon foreign private juridical entities.

Service upon public corporations

Service upon defendant whose identity or whereabouts are unknown.

Extraterritorial service

Residents temporarily out of the Philippines

Leave of court

Return.
Proof of service

Proof of service by publication.

Voluntary appearance.

Motion defined

Motions must be in writing

 Contents

Hearing of motion

. Non-litigious motions.

alias

alias

Litigious motions
Notice of hearing on litigious motions; discretionary

Proof of service necessary

Motion day

Omnibus motion

Motion for leave

Form

Prohibited motions.
force majeure

Dismissal with prejudice.

Dismissal upon notice by plaintiff

Dismissal upon motion of plaintiff

 Dismissal due to fault of plaintiff

Dismissal of counterclaim, cross-claim, or third-party complaint

When conducted.

Nature and Purpose.

 vis-a-
vis

Notice of pre-trial.
 Appearance of Parties.

force majeure

Effect of failure to appear.

ex-parte

Pre-trial brief.

Pre-Trial Order
 force majeure

Court-Annexed Mediation
 Judicial Dispute Resolution

Judgment after pre-trial

motu proprio

certiorari

Who may intervene

Time to intervene

Pleadings-in-intervention

Answer to complaint-in-intervention
Calendar of cases

habeas corpus

Assignment of cases

Subpoena and subpoena duces tecum

duces tecum

By whom issued

reclusion perpetua
Form and contents

duces tecum

prima facie

Quashing a subpoena duces tecum

ad testificandum

Subpoena for depositions

duces tecum

Service.

Personal appearance in court

Compelling attendance

Contempt
 Exceptions

How to compute time

Effect of Interruption

Depositions pending action when may be taken ex parte

Scope of examination
 Examination and cross-examination

Use of depositions

Effect of substitution of parties

Objections to admissibility

Effect of taking depositions

Effect of using depositions

Rebutting deposition

Persons before whom depositions may be taken within the Philippines

Persons before whom depositions may be taken in foreign countries

Commission or letters rogatory

Disqualification by interest

Stipulations regarding taking of depositions

Deposition upon oral examination notice time and place

Orders for the protection of parties and deponents

Record of examination oath objections

verbatim

Motion to terminate or limit examination

 Submission to witness changes signing

Certification and filing by officer

Notice of filing

Furnishing copies

Failure to attend of party giving notice

Failure of party giving notice to serve subpoena

Deposition upon written interrogatories service of notice

and of interrogatories
 Officers to take responses and prepare record

Notice of filing and furnishing copies

Orders for the protection of parties and deponents

Effect of errors and irregularities in depositions

As to notice

As to disqualification of officer

As to competency or relevancy of evidence

As to oral examination and other particulars

As to form of written interrogatories

As to manner of preparation

Depositions before action; petition

Contents of petition

Notice and service

Order and examination

Reference to court

Use of deposition

Depositions pending appeal

Interrogatories to parties service thereof. ex parte

Answer to interrogatories
Objections to interrogatories

Number of interrogatories

Scope and use of interrogatories

Effect of failure to serve written interrogatories

Request for admission

Implied admission
Effect of admission

Withdrawal

Effect of failure to file and serve request for admission

Motion for production or inspection order

When examination may be ordered

Order for examination

Report of findings
Waiver of privilege

Refusal to answer

Contempt of court

Other consequences
Expenses on refusal to admit

Failure of party to attend or serve answers

Expenses against the Republic of the Philippines

 Schedule of trial

(a)

(b)

(c)

Adjournments and postponements.

 Requisites of motion to postpone trial for absence of evidence.

Requisites of motion to postpone trial for illness of party or counsel

Hearing days and calendar call

Order of trial.
 Oral offer of exhibits.

Agreed statement of facts.

[ Statement of judge.

Suspension of actions

Judge to receive evidence; delegation to clerk of court.

ex parte

Consolidation

Separate trials
Reference by consent

Reference ordered on motion

Order of reference; powers of the commissioner

duces tecum

Oath of commissioner

Proceedings before commissioner

Failure of parties to appear before commissioner
ex parte

Refusal of witness

Commissioner shall avoid delays

Report of commissioner

Notice to parties of the filing of report

Hearing upon report

Stipulations as to findings

Compensation of commissioner
 Demurrer to evidence

Action on demurrer to evidence.

certiorari

Judgment on the pleadings.

Action on motion for judgment on the pleadings. motu

proprio

certiorari mandamus

Summary judgment for claimant

Summary judgment for defending party

Motion and proceedings thereon.

certiorari mandamus

Case not fully adjudicated on motion.

Form of affidavits and supporting papers

Affidavits in bad faith