CIVPRO - RULE 6-8

Question 1

Define pleadings

Answer 1

Pleadings are written statements of the respective claims and defenses of the parties submitted to the court for appropriate judgment [R6S1]

[SBU RB 536]

Question 2

What are the kinds of pleadings?

Answer 2

1. Complaint
2. Answer
3. Counterclaim (compulsory or permissive)
4. Cross-claim
5. Counter cross-claim
6. Counter-counterclaims
7. Reply
8. Third (fourth, etc.) party complaint
9. Answer to third (fourth etc)-party complaint

[Rule 6]

Question 3

What is a complaint?

Answer 3

The complaint is a pleading alleging the plaintiff’s or claiming party’s cause or causes of action. The names and residences of hte plaintiff and the defendant must be stated in the complaint. [R6S3]

Question 4

What is the test of sufficiency of the facts alleged in the complaint to constitute a cause of action?

Answer 4

Whether admitting the facts alleged, the court could render a valid judgment upon the same in accordance with the prayer of the petition or complaint. [SBU RB 536]

Question 5

What are the two kinds of defenses that may be set forth in the answer?

Answer 5

1. Affirmative defenses - allegation of a new matter which while hypothetically admitting the material allegations in the pleading would nevertheless prevent or bar recovery by the claiming party. It is in the nature of confession and avoidance [R6S5b]
2. Negative defenses - specific denial of the material facts alleged in the pleading essential to establish the plaintiff’s cause of action [R6S5a]

Question 5

What is an answer?

Answer 5

An asnwer is a pleading in which a defending party sets forth his or her defenses [R6S4]

Question 5

What is a negative pregnant?

Answer 5

A negative pregnant is a form of negative expression which carries with it an affirmation or at least an implication of some kind favorable to the adverse party. It is a denial pregnant with an admission of the substantial facts alleged in the pleading. Where a fact is alleged with qualifying or modifying language and the words of the allegation as so qualified orr modified are literally denied, it has been held that the qualifying circumstances alone are denied while the fact itself is admitted.

Question 6

What may be included as affirmative defenses?

Answer 6

The affrimative defenses include:
1. Fraud;
2. Statue of limitations;
3. Release;
4. Payment;
5. Illegality;
6. Statute of frauds;
7. Estoppel;
8. Former recovery;
9. Discharge in bankruptcy; and
10. Any other matter by way of confession and avoidance.

Affirmative defenses may also include grounds for the dismissal of a complaint specifically:
1. lack of subject matter jurisdiction - that the court has no jurisdiction over the subject matter,
2. Litis pendentia - that there is another action pending between the same parties for the same cause, or
3. Res judicata - that the action is barred by a prior judgment. (5a) [R6S5]

Question 6

What is a counterclaim?

Answer 6

A counterclaim is any claim which a defending party may have against an opposing party. [R6S6]

Question 7

What is a compulsory counterclaim?

Answer 7

A compulsory counterclaim is any claim for money or other relief which a defending party may have against an opposing party,

which at the time of suit arises out of, or is necessarily connected with, the same transaction or occurrence that is the subject matter of plaintiff’s complaint. [SBU RB 537]

Rule 6. 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.

[GR] Such a counterclaim must be within the jurisdiction of the court both as to the amount and the nature thereof,

[XPN] except that in an original action before the Regional Trial Court, the counterclaim may be considered compulsory regardless of the amount.

A compulsory counterclaim not raised in the same action is barred, unless otherwise allowed by these Rules. (7a)

Question 8

What are the requisites of a compulsory counterclaim?

Answer 8

[CoCo-Not-JEx]
A compulsory counterclaim is a claim which satisfies the following requisites:
1. It is [Co]gnizable by the regular courts of justice;
2. It arises out of, or is [Co]nnected with the transaction or occurrence constituting the subject matter of the opposing partys claims;
3. It does [Not] require for its adjudication the presence of third parties of whom the court cannot acquire jurisdiction;
4. It msut be within the [J]urisdiction of the court both as to the amount and the nature thereof, except that in an original action before the RTC, the nature thereof, except that in an original aciton before the RTC, the counterclaim may be considered compulsory regardless of the amount [ROC R6S7]
5. It is already in [Ex]istence at the time that the defending party files his answer [R11S8]

Question 9

What is a permissive counterclaim?

Answer 9

A counterclaim is permissive if it does not arise out of or is not necessarily connected with the subject matter of the opposing party’s claim. A permissive counterclaim is essentially an independent claim that may be filed separately in another case. [SBU RB 537]

Question 10

What are the distinctions between permissive counterclaim and compulsory counterclaim?

Answer 10

As to basis: Permissive counterclaims do not arise out of nor are they necessarily connected with the subject matter of the opposing party’s claim. Compulsory counterclaim, on the other hand, are those which arise out of or are necessarily connected with the transaction or occurrence that is the subject matter of hte opposing party’s claim.

As to necessity of an answer: A permissive counterclaim must be answered by the party against whom it is interposed. Otherwise, he may be declared in default as to the counterclaim. However, a compulsory counterclaim that merely reiterates special defenses are deemed controverted even without a reply. IN such a case, failure to answer may not be a cause for declaration of default.

As to requirement of certification against forum shopping: A permissive counterclaim must be accompanied by a certificate of forum shoppin and whenver required by law, also a certificate to file action issued by the Lupong Tagapamayapa. On the other hand, a compulsory counterclaim does not need such certification.

As to whether it is initiatory or not: A permissive counterclaim is an initiatory pleading while a compulsory counterclaim is not an initiatory pleading.

As to effect of failure to set up the counterclaim: A permissive counterclaim may be set up as an independent action and will not be barred if not contained in the answer to the complaint. A compulsory counterclaim shall be contained in the answer because a compulsory counterclaim not set up shall be barred.

As to effect of payment of docket fees: Permissive counterclaims require payment of docket fees. Compulsory counterclaims do not require payment of docket fees since rates for the filing fees is suspended [OCA Circ 96-2009]

Question 11

What are the criteria or tests that may be used in determining whether a counterclaim is compulsory or permissive?

Answer 11

What are the criteria or tests that may be used in determining whether a counterclaim is compulsory or permissive? [IRSL]

1. Are the [I]ssues of fact and law raised by the claim and counterclaim largely the same?
2. Would [R]es judicata bar a subsequent suit on defendant’s cliam absent the compulsory counterclaim Rule?
3. Will [S]ubstantially the same evidence support or refute the plaintiff’s claim as well as defendant’s counterclaim?
4. Is there any [L]ogical relation between the claim and the counterclaim, such taht the conduct of separate trials of the respective claims of the parties would entail a substantial duplication of effort and time by the parties and the court?

[SBU RB 538]

Question 12

What is a cross claim?

Answer 12

Rule 6. 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 cover all or part of the original claim. (8a)

Question 13

Distinguish a cross claim from a counterclaim.

Answer 13

1. A cross-claim is a claim against a co-party while a counterclaim is a claim against an opposing party
2. A cross-claim requires that the filing fee be paid and that there be certification against forum shopping while only permissive counterclaim requires the same
3. A cross-claim msut be answered, otherwise there might be default while a compulsory counterclaim need not be answered.

[SBU RB 538]

Question 14

What is a third (fourth-etc.) party complaint?

Answer 14

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 or her opponent’s claim.

NOTE: Must be filed with a motion for leave as this pleading equires leave of court.

Question 15

When shall a third (fourth etc.) party complaint be denied admission?

Answer 15

Rule 6 S11. [xxx] The third (fourth, etc.)-party complaint shall be denied admission, and the court shall require the defendant to institute a separate action, where:

(a) the third (fourth, etc.)-party defendant cannot be located within thirty (30) calendar days from the grant of such leave:

(b) matters extraneous to the issue in the principal case are raised: or

(c) the effect would be to introduce a new and separate controversy into the action. (11a)

Question 16

What is the effect of denial of a third (fourt etc.)-party complaint?

Answer 16

The court shall require the defendant to institute a separate action [R6S11]

Question 17

What is a complaint-in-intervention?

Answer 17

A complaint-in-intervention refers to a pleading filed by a third person who is not a party to the action but having an interest in the matter of the litigation and asserting a claim against either or all of the original parties to the action. Such party may, with leave of court, become a party to the pending action. [ROC R19S1]

NOTE: must be filed with a motion for leave

Question 18

What is a reply?

Answer 18

A reply is a pleading, the office or funciton of which is to deny or allege facts in denial or avoidance of new matters in, or relating to, an actionable document attached to the answer. [R6S10]

Question 19

When may a plaintiff file a reply?

Answer 19

The plaintiff may file a reply only if the defending party attaches an actionable ocument to his or her answer [R6S10]

Question 20

How can a plaintiff respond to new matters alleged in the naswer if the latter does not involve an actionable document?

Answer 20

As a rule, the plaintiff is not required to respond because all new matters alleged in the answer are deemed controverted. However, if the plaintiff wishes to interpose any claims arising out of the new matters so allged, such claims shal lbe set forth in an amended or supplemental complaint. [R6S10]

NOTE: Actionable document attached to the answer is not deemed controverted. and a reply should be filed to controvert it; otherwise, the genuineness and due execution of the aciotnable document shall be deemed admitted. [ROC R8S8]

Question 21

How can a defendant respond to a reply with an actionable document attached to it?

Answer 21

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 [R6S10]

NOTE: Reply cannot be filed if there is no actionable documetn attached to the answer. Rejoinder cannot be filed if there is no actionable document attached to the reply.

Question 22

What is a caption?

Answer 22

The caption is the part of the pleading which contains the name of the court, the title of the action which indicates the names of the parties, and the docket number, if assigned. [R7S1]

Question 23

Are pleadings required to be signed?

Answer 23

Yes. Every pleading and other written submissions to the court must be signed by the party or counsel representing him or her (R7S3a)

NOTE: Under the Revised Rules of Civil Procedure, not only pleadings are required to be signed but also all other written submissions, such as motions. (R7S3a)

Question 24

What does the signature of acounsel in a pleading verify?

Answer 24

[CB-IWED]

The isgnature of a counsel constitutes a [C]ertificate by him or her that he or she whas read the pleading and document; that to the [B]est of his or her knowledge, information, and belief, formed after an inquiry reasonable under the circumstances:
1. It is not being presented for any [I]mproper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of litigation;
2. The claims, defenses, and other legal contentions are [W]arranted by existing law or jurisprudence, or by non-frivolous argument for extending, modifying, or reversing existing jurisprudence;
3. The factual contentions have [E]videntiary support or, if specifically so identified, will likely have evidentiary support after availment of the modes of discovery under these rules; and
4. The [D]enials of factual contentions are warranted on the evidence or, if specifically so identified, are reasonably based on belief or a lack of information (R7s3b)

[SBU RB 539]

Question 25

What is the effect where a pleading is unsigned or where the matters certified by the counsel’s signature turns out to be untrue?

Answer 25

The Court, after it determines either motu proprio or on motion, that the rule has been violated, may impose an appropriate sanction or refer such violation to the proper office for disciplinary action, on any attorney, law firm, or party that violated the rule, or is responsible for the violation. Absent any exceptional circumstances, a law firm shall be held jointly and severally liable for a violation committed by its partner, associate, or employee (R7S3c)

Question 26

What is the effect where a pleading is unsigned or where the matters certified by the counsel’s signature turns out to be untrue?

Answer 26

The Court, after it determines either motu proprio or on motion, that the rule has been violated,

may impose an appropriate sanction or refer such violation to the proper office for disciplinary action, on any attorney, law firm, or party that violated the or is responsible for the violation.

Absent any exceptional circumstances, a law firm shall be held jointly and severally liable for a violation committed by its partner, associate or employee (ROC, Rule 7, Sec. 3(c)).

Question 27

What is the general rule as to the verification of pleadings?

Answer 27

The general rule is that pleadings need not to be under oath or verified, except when otherwise specifically required by law or rule (ROC, Rule 7, Sec. 4).

Question 28

How are pleadings verified?

Answer 28

(TNE)
A pleading is verified by an affidavit of an affiant duly authorized to sign said verification. The authorization of the affiant to act on behalf of a party, whether in the form of a secretary’s certificate or a special power of attorney. should be attached to The pleading and shall allege the following attestations:

1. The allegations in the pleading are [T]rue and correct based on his or her personal knowledge, or based on authentic documents;
2. The pleading is [N]ot filed to harass, cause unnecessary delay, or needlessly increase the cost of litigation, and
3. The factual allegations therein have [E]videntiary support or, if specifically, so identified will likewise have evidentiary support after a reasonable opportunity for discovery (ROC Rule7, Sec. 4).

Note: The signature of the affiant shall further serve as a certification of the truthfulness of the allegations in the pleading. (R7S4)

Question 29

May there be verification based on “information and belief,” or upon “knowledge, information and belief”?

Answer 29

No. The pleading with such verification shall be treated as an unsigned pleading. (ROC, Rule 7, Section 4)

Question 30

Will the lack of verification, when required, render the pleading fatally defective?

Answer 30

No. Non-compliance therewith or a defect therein does not necessarily render the pleading fatally detective. The requirement regarding verification of a pleading is formal, not jurisdictional. Such a requirement is simply a condition affecting the form of a pleading, non-compliance with which does not necessarily render the pleading fatally defective.

The Court may order its submission or correction or act on the pleading, if the attending circumstances are such that strict compliance with the Rule may be dispensed win order that ends of justice may be served thereby (Jolo’s Kiddie Carts v. Caballa, No. 230682, November 29, 2017; Bangko Sentral ng Pilipinas v. BF Homes Inc., GR.No.228239, June 10, 2019).

Question 31

What is the significance of verification?

Answer 31

It is intended to secure an assurance that the allegations in a pleading are true and correct and not the product of the imagination or a matter of speculation, and that the pleading is filed with good faith. To achieve this purpose, verification of a pleading is made through an affidavit or sworn statement confirming that the affiant has read the pleading whose allegations are true and correct of the affiant’s personal knowledge or based on authentic records (Jorgenetics Swine Improvement Corporation v. Thick & Thin Agri-Products, Inc, G.R. No. 201044 May 05, 2021).

Question 32

What is forum shopping?

Answer 32

Forum shopping exists when a party repeatedly avails himself of several judicial remedies in different courts, either simultaneously or successively,

all of which are substantially founded on the same transactions and the same essential facts and circumstances, and all raising substantially the same issues,

either pending in or already resolved adversely by some other court (Commissioner of Customs v. PTT Philippines Trading Corporation, G.R Nos. 203138-40, February 15,2021).

Question 33

What is certification against forum shopping?

Answer 33

The certification against forum shopping is a mandatory requirement where the plaintiff or the principal party certifies under oath in the complaint or other initiatory pleading asserting a claim or relief, or in a sworn certification annexed thereto and simultaneously filed therewith:

(a) that he has not 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 earn that the same or similar action or claim has been filed or is pending, he or she shall report that fact within five (5) calendar days therefrom to the court wherein his aforesaid claim or initiatory pleading has been filed

(Eagle Star Security Services, Inc, v. Mirando, GR. No. 179512, July 30 2009; ROC, Rule 7, Sec. 5).

Question 34

Who must execute the certification against forum shopping?

Answer 34

It is the plaintiff or principal party who executes the certification under oath.

However, a representative of a party may execute the same provided that the authorization of said affiant to act on behalf of a party, whether in the form of a secretary’s certificate or a special power of attorney, should be attached to the pleading (ROC, Rule 7, Sec. 5).

NOTE: Certain officials or employees of a corporation can sign the verification and certification on its behalf without need of a board resolution, such as but not limited to
1. the chairperson of the board of directors,
2. the president of a corporation,
3. the general manager or acting general manager,
4. personnel officer and an employment specialist in tabor case.

Moreover, the “lack of authority of a corporate officer to undertake an action on behalf of the corporation may be cured by ratification through the subsequent issuance of a board resolution, recognizing the validity of the action or the authority of the concerned officer (Jorgenetics Swine Improvement Corp. v. Thick & Thin Agri-Products, Inc, GR. No. 201044, May 05, 2021).

Question 35

How may forum shopping be committed?

Answer 35

The following are the ways of committing forum shopping:

1. Litis pendentia - Filing multiple cases based on the same cause of action and with the same prayer, the previous not having been resolved yet (Marasigan vs. Chevron Phils, Inc, G.R. No. 184015, February 8, 2012);
2. Res judicata - Filing multiple cases based on the same cause of action and the same prayer, the previous case having been finally resolved (Ching vs. San Pedro College of Business Administration, G.R. No. 213197, October 21, 2015); or
3. Splitting causes of action - Filing multiple cases based on the same cause of action but with different prayers (where the ground for dismissal is also either litis pendentia or res judicata. (Heirs of Marcelo Sotto vs. Palicte, G.R. No. 159691, February 17, 2014).

Question 36

What is the test to determine the presence of forum shopping?

Answer 36

The test to determine whether a party violated the rule against forum shopping is whether the elements of litis pendentia are present, or whether a final judgment in one case will amount to res judicata in another (Santos Ventura Hocorma Foundation, Inc. v, Mabalacat Institute, Inc. G.R.No.s 211563, September 2021).

Question 37

S leased his parcel of land in favor of M. When M reneged in his obligations to pay rent, S instituted an action for collection of sum of money against M in the MTC of Pampanga. While the sum of money case was pending, S filed an unlawful detainer case against M in a different court. Was there forum shopping?

Answer 37

No, in the case at bar, there is no identity of rights asserted and reliefs prayed for between a suit for collection of sum of money and an unlawful detainer case, and that any judgment rendered in one of these actions would not amount to res judicata in the other action.

The ejectment case stemmed from the prejudice that S allegedly suffered due to the loss of possession of the subject lot while the collection case was founded on the appropriate amount of rental fees that are allegedly due and the damages that S allegedly suffered but which have no direct relation to ifs loss of material possession. In addition, an action for collection of sum of money may not be joined suit, otherwise a misjoinder of causes of action would ensue (Santos Ventura Hocorma Foundation, Inc. v. Mabalacat Institute, Inc. G.R.No.s 211563, September 2021)

Question 38

What is the effect of violation of the rule on forum shopping?

Answer 38

1. Failure to comply with the requirements shall not be curable by mere amendment or other initiatory pleading but shall be cause for the dismissal of the case without prejudice, unless otherwise provided, upon motion and after hearing (ROC, Rule 7,Sec. 5).
2. 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 (ROC Rule 7, Sec. 5)
3. If the acts of the party or his counsel clearly constitute willful and deliberate forum shopping thẻ same shall be ground for summary dismissal with prejucice and shall constitute direct contempt as well as cause for administrative sanctions (ROC Rule 7, Sec. 5).

Question 39

What is the requirement before the court may motu proprio dismiss a complaint on the ground of non-compliance with the rule of non-forum shopping?

Answer 39

The Rule requires that the dismissal be upon motion and after hearing (ROC Rule 7, Sec. 5).

Question 40

What is the effect of the submission of a false certification or non-compliance with any of the undertakings in the certificate of non-forum shopping?

Answer 40

It will constitute an indirect contempt of court without prejudice to corresponding administrative and criminal actions. There may be dismissal without prejudice, unless otherwise provided (ROC, Rule 7 Sec. 5)

Question 41

What are the effects if the act done by the party or counsel willfully and deliberately constitutes forum shopping?

Answer 41

[SAD]

The effects are as follows:
1. The same shall be a ground for [S]ummary dismissal with prejudice
2. It will be a ground for [A]dministrative sanctions; and
3. It shall constitute [D]irect contempt (ROC Rule 7 Sec. 5).

Question 42

Distinguish between verification and certification against forum shopping.

Answer 42

As to who signs/verifies:

Verification - A pleading is verified by an affidavit of an affiant duly authorized to sign said verification. The authorization of the affiant to act on behalf of a party, whether in the form of a secretary’s certificate or a SPA, should be attached to the pleading.

Certification against Forum Shopping - The certification must be signed by all the plaintiffs or petitioners in a case; otherwise, those who did not sign will be dropped as parties to the case.

Under reasonable or justifiable circumstances, however, as when all the plaintiffs or petitioners share a common interest and invoke a common cause of action or defense, the signature of only one of them in the certification against forum shopping substantially complies with the Rule.

As to when deemed substantially complied:

Verification - Verification is deemed substantially complied with when one who has ample knowledge to swear the truth of the allegations in the complaint or petition signs the verification, and when matters alleged in the petition have been made in good faith or are true and correct.

Certification against Forum Shopping - Must be executed by the party-pleader, not by his counsel.

However, for reasonable or justifiable reasons, the party pleader is unable to sign, he must execute a SPA designating his counsel of record to sign on his behalf.

As to the effect of non-compliance or defect:

Verification - Non-compliance or defect therewith does not necessarily render the pleading fatally defective. It is curable by subsequent submission or correction thereof.

However, the court may order its submission or correction or act on the pleading if the attending circumstances are such that strict compliance with the Rule may be dispensed with in order that ends of justice be served thereby.

Certification against Forum shopping - Non-compliance therewith or defect therein is generally not curable.

Unless there is a need to relax the Rule on the ground of “substantial compliance” or presence of “special circumstances or compelling reasons.”

Question 43

Discuss the manner of making an allegation.

Answer 43

Every pleading shall contain in a methodical and logical form, a plain, concise and direct statement of ultimate facts, including the evidence on which the party pleading relies for his or her claim or defense, as the case may be (R8S1).

Question 44

Can a party set forth statements of claim in the alternative or hypothetically?

Answer 44

Yes. A party may set forth two or more statements of a claim or defense alternatively or hypothetically, either in one cause of action or defense or in separate causes of action or defenses (ROC Rule 8, Sec. 2).

Question 45

What is the effect of the insufficiency of one or more statements of claims pleaded in the alternative to the sufficiency of the other statements of claim?

Answer 45

When two or more statements are made in the alternative and one of them if made independently would be sufficient, the pleading is not made insufficient by the insufficiency of one or more of the alternative statements (ROC, Rule 8 Sec. )

Question 46

Is the pleader required to have evidence in connection with his claim or defense in a pleading at the time it is filed?

Answer 46

Yes. The party is required to include in his pleading the evidence on which the party pleader relies for his or her claim or defense (ROC, Rule 8, Sec. 1). This evidence may be documentary or object evidence, in which case, it must be contained in the pleading (ROC Rule 7, Sec. 6). If the evidence is testimonial, the party pleader is required to include in his pleadings the names of witnesses who will be presented to prove the party’s claim or defense and the summary of the witnesses’ intended testimony (ROC, Rule 7, Sec. 6).

Note: Rule 7, Sec 6 and Rule 8, Sec 1 are related. Rule 7, Sec 6 requires that every pleading state the documentary and object evidence in support of the allegations contained in the pleading. On the other hand, Rule 8, Sec 1 requires that every pleading contains not only a statement of the ultimate facts but also the evidence on which the party relies for his/her claim or defense.

Question 47

Are judicial affidavits, required to be attached to the pleading?

Answer 47

Yes. The judicial affidavits of witnesses shall be attached to the pleading and form an integral part thereof.Only witnesses whose judicial affidavits are attached to the pleadings shall be presented by the parties during trial.

Note: Except if a party presents meritorious reasons as basis for the admission of additional witnesses, no other witness or affidavit shall be heard or admitted by the court (ROC Rule 7 Sec. 6).

Question 48

How are conditions precedent pleaded?

Answer 48

Where there are matters that must be complied with before a cause of action will arise, a general averment of the performance or occurrence of all such conditions precedent shall suffice (ROC Rule 8 Sec: 3).

Question 49

How is capacity to sue or be sued pleaded?

Answer 49

Facts showing the capacity of a party to sue or be sued or the authority of a party to sue or be sued in representative capacity or the legal existence of an organized association of persons that is made a party, must be averred.

A party desiring to raise as an issue the legal existence of any party or the capacity of any party to sue or be sued in a representative capacity shall do so by specific denial, which shall include such supporting particulars as are peculiarly within the pleader’s knowledge (ROC, Rule 8, Sec. 4).

Question 50

May Fraud, mistake, Malice, Intent, Knowledge or other Condition of the mind be alleged generally?

Answer 50

No. All averments of fraud or mistake, the circumstances constituting fraud or mistake must be alleged with particularity. Malice, Intent, Knowledge or other Condition of the mind of a person may be alleged generally. (ROC, Rule 8, Sec. 5).

Question 51

How should a judgment or decision of a foreign domestic court or of a judicial or quasi-judicial tribunal, or board or officer be alleged?

Answer 51

It is sufficient to aver the judgment or decision, without setting forth matter showing jurisdiction to render it. However, an authenticated copy, of the judgment or decsion shall be attached to the pleading. (ROC Rule 8, Sec. 6)

Question 52

How do you plead an official document or act?

Answer 52

It is sufficient to aver that the document was issued or the act was done in compliance with law (ROC Rule 8, Sec. 9).

Question 53

What is an actionable document?

Answer 53

An “actionable document” is a written instrument or document on which an action or defense is founded. (Metropolitan Bank and Trust Corporation v. Ley Construction and Development Corporation, G.R. No. 185590, December 03, 2014).

To qualify as an actionable document pursuant to Section 7, Rule 8 of the Rules, the specific right or obligation which is the basis of the action or defense must emanate therefrom or be evident therein, i.e., it contains the terms and conditions of the transaction or agreement from which a right or obligation may be established. (Ridao v. Handmade Credit and Loans, Inc., G.R. No. 236920, February 3, 2021).

Question 54

How may a party plead an actionable document?

Answer 54

The substance of such written instrument shall be set forth in the pleading and the original or a copy thereof shall be attached to the pleading as an exhibit, which shall be deemed to be part of the pleading (ROC Rule 8, Sec 7).

Question 55

How may a party contest an actionable document?

Answer 55

When an action or defense is founded upon a written instrument or attached to the corresponding pleading, the adverse party may contest such actionable documents by specifically denying them under oath and setting forth what he or she claims to be the facts ROC, Rule 8, Sec. 8).

Question 56

What are the exceptions to the requirement of an oath in contesting actionable documents?

Answer 56

The exceptions are:

1. When the adverse party does not appear to be a party to the instrument; or
2. When compliance with an order for an inspection of the original instrument is refused (ROC, Rule 8, Sec. 8)
3. Where the verified complaint contested the actionable document, the defendants were placed on adequate notice that they would be called upon during trial to prove the genuineness or due execution of the disputed actionable dócument (Titan Construction v. David, Sr, G.R. No. 169548, March 15, 2010).

Note: Although the oath is not required in the foregoing instances, there must still be specific denial of the genuineness and due execution of the actionable document.

Question 57

What is the effect of failure to contest the actionable document by specific denial under oath?

Answer 57

Failure to contest the actionable document will result in the genuineness,and due execution of the document being admitted (ROC, Rule 8, Sec. 8)

Question 58

What does the admission of genuineness mean?

Answer 58

[DFDF]

The admission of the genuineness of a document means that the party whose signature it bears admits:
1. The [D]ocument was voluntarily signed by the party the document or it was signed by another for him and with his authority;
2. That at the time it was signed it was in words and [F]igures exactly as set out in the pleading of the party relying upon it;
3. That the document was [D]elivered; and
4. That any Formalities required by law, such as a seal, an acknowledgment, or revenue stamp, which it lacks, are waived by him (Permanent Savings and Loan Bank v. Velarde G.R. No. 140608 September 23, 2004)

Question 59

What does the admission of due execution mean?

Answer 59

[SAD]

The admission of due execution of a document means:

1. The document was [S]igned voluntarily and knowingly by the party whose signature appears thereon;
2. That if signed by somebody else such representative had the Authority
3. The document was Duly delivered; and
4. The Formalities were complied with;(ld).

Question 60

What defenses are waived if a party fails to specifically deny an actionable document?

Answer 60

[FACODS]

The following defenses are waived if a party fails to specifically deny an actionable document:
1. That the signature was a [F]orgery;
2. That the [A]gent signing in behalf of a partnership or of corporation is unauthorized;
3. The [C]orporation was not authorized under its charter to sign the instrument;
4. That the party charged signed the instrument in some [O]ther capacity than that alleged in the pleading setting it out;
5. That the document was never [D]elivered (Sps. Santos v. Alcazar GR N 183034, March 12, 2014); and
6. That the document was not in the words and figures as [S]et out in the pleadings (Imperial Textile Mills v, CA GR. No. 86568, March 22, 1990).

Question 61

What is a specific denial?

Answer 61

A specific denial is made by specifying each méferial allegation of fact, the truth of which the defendant does hot admit, and whenever practicable, setting forth the substance of the matters upon which he relies to support his denial. The purpose of requiring the defendant to make a specific denial is to make him briefly disclose the matters alleged in the complaint which he intends to disprove at the trial, together with the matter which he relied upon to support the denial.

It is not required for them to set out the substance of the matters on which they rely to support their denial. The Rules state that the defendant can set out their basis for denial whenever practicable there is nò stringent requirement (Aljem s Credit Investors Corp. v. Spouses Bautista, G.R.No. 215175, April 25, 2022)

Question 62

What are the types of specific denials?

Answer 62

(APD)
The three types of specific denial are:
1. Absolute denial;
2. Partial denial; and
3. Denial by Disavowal of knowledge (Republic v. Gimenez, G.R. No. 174673, January 11, 2016).

Note: A party raising any type of denial as negative defense is required, to include evidence in support of his or her defense (ROC, Rule 8, Sec. 1).

Question 63

What is an absolute denial?

Answer 63

There is an absolute denial when the defendant specifies each material allegation of fact the truth of which he or she does not admit and whenever practicable, he or she shall set forth the substance of the matters upon which he or she relies to support such denial (ROC, Rule 8, Sec. 10).

Question 64

What is a partial denial?

Answer 64

There is partial denial when the defendant does not make a total denial or material allegations in a specific paragraph, denying only a part of the averment. In doing so, he or she shall specify so much of it as is true and material and shall deny only the remaining (ROC, Rule 8, Sec. 10).

Question 65

What is a denial by disavowal of knowledge?

Answer 65

There is a denial by disavowal of knowledge when the defendant alleges having no knowledge or information sufficient to form a belief as to the truth of a material averment made in the complaint (ROC Rule 8 Sec. 10). Such denial must be made in good faith (Warner Barnes & Co. Ltd. v. Reves, G.R. No. L-9531, May 14, 1950).

Question 66

What is a general denial?

Answer 66

If the denial does not fall within the scope of the abovementioned kinds of a specific denial, it shall be considered a general denial which is considered as an admission of the averment not specifically denied (Republic v. Gimenez, G.R. No. 174673, January 11, 2016)

Question 67

What is the effect of the failure to make a specific denial?

Answer 67

Material averments in a pleading asserting a claim or claims, other than those as to the amount of unliquidated damages, shall be deemed admitted when not specifically denied (ROC, Rule 8, Sec. 11).

NOTE: If the allegations are deemed admitted, there is no more triable issue between the parties and if the admissions appear in the answer of the defendant, the plaintiff may file a motion for judgment on the pleadings under Rule 34, unless there is an unrefuted allegation on the amount of liquidated damages, in which case, there should be a trial as to the amount of unliquidated damages (Lichauco v. Guash, 76 Phil. 5 (1946)).

Question 68

When will failure to specifically deny not result in an admission?

Answer 68

(ACN)

The following are not deemed admitted by the failure to make a specific denial:
1. Amount of unliquidated damages (ROC, Rule 8, Sec. 11);
2. Conclusions in a pleading which do not have to be denied at all because only ultimate facts need be alleged in a pleading; and
3. Non-material averments or allegations are not deemed admitted because only material allegations have to be denied (1 REGALADO, Remedial Law Compendium (2009), p. 183 [hereinafter REGALADO]).

Question 69

What is an affirmative defense?

Answer 69

An affirmative defense is an allegation of new matter which, while hypothetically admitting the material allegations in the pleading of the claimant, would nevertheless prevent or bar recovery by him or her (ROC, Rule 6, Sec. 5(b)).

Question 70

Enumerate the affirmative defenses allowed by the Rules.

Answer 70

Affirmative defenses shall be limited to the following reasons:

I. Under Rule 6, Sec. 5(b), par. 1, ROC: (FSR-PISEF-DO)
1. Fraud
2. Statute of limitations;
3. Release;
4. Payment
5. Illegality:
6. Statute of frauds,;
7. Estoppel;
8. Former recovery;
9. Discharge in bankruptcy; and
10. Other matter by way of confession and avoidance

II. Under Rule 6, Sec. 5(6), paragraph 2, ROC: (JPB)
1. That the court has no [J]urisdiction over the subject matter
2. That there is another action [P]ending between the same parties for the same cause; or
3. That the action is [B]arred by prior judgment

III. Under Rule 8, Section 12, ROC: (JuVeLeNC)
1. That the court has no Jurisdiction over the person of the defending party;
2. That the Venue is improperly laid;
3. That the plaintiff has no Legal capacity to sue;
4. That the pleading asserting a claim states No cause of action; and
5. That Condition precedent for filing the claim has not been complied with.

Note: The above-mentioned affirmative defenses are no longer a ground for a motion to dismiss except statute of limitations (prescription) and those under the second paragraph of Rule 6, Sec. 5(b) (ROC, Rule 15, Sec. 12), i.e., lack of jurisdiction over the subject matter, litis pendentia and res judicata. These grounds are non-waivable (ROC, Rule 9 Sec. 1).

Question 71

Distinguish the affirmative defenses found under Rule 6, Section 5, par1, Rule 6 Sectin 5 par2, and Rule 8 Section 12(a).

Answer 71

As to grounds:
1. Rule 6 S5p1 - (FSR-PISEF-DO) 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.
2. Rule 6 S5p2 - (JPB) [a] the court has no jurisdiction over the subject matter; [b] there is another action pending between the same parties for the same cause; or [c] the action is barred by prior judgment.
3. Rule 8 S12a - (JuVeLeNC) [a] The court has no jurisdiction over the person of the defending party; [b] the venue is improperly laid; [c] the plaintiff has no legal capacity to sue; [d] the pleading asserting the claim states no cause of action; and [e] the condition precedent for filing the claim has not been complied with.

As to whether hearing is required before resolving the affirmative defenses:
1. R6S5p1 - The court may: [a] resolve the affirmative defenses motu proprio; or [b] conduct a summary hearing within 15 cal days from filing of answer (ROC R8S12d). If court conducts summary hearing, the affirmative defenses shall be resolved within 30 cal days from the termination of the summary hearing.
2. R6S5p2 - No. The court shall motu proprio resolve the defenses within 30 cal days from the filing of the answer (R8S12c)
3. R8S12a - No. The Court shall resolve the affirmative defenses within 30 cal days from the filing of the answer (R8S12c).

Question 72

Is a motion to hear affirmative defenses allowed?

Answer 72

No. A motion to hear affirmative defenses is a prohibited motion and shall not be allowed (ROC, Rule 15, Sec. 12(b)).

Question 73

What is the remedy of a defendant whose affirmative defense is denied?

Answer 73

The remedy of the defendant is to raise the matter on appeal after judgment on the merits. An affirmative defense, if denied, shall not be the subject of a motion for reconsideration or petition for certiorari, prohibition or mandamus (ROC, Rule 8, Sec. 12(e)).

Question 74

What is the remedy of the plaintiff when the complaint is dismissed due to affirmative defense raised by the defendant?

Answer 74

The following are the remedy of the plaintiff when the affirmative defense is granted:

A. Appeal the order granting the affirmative defense, if the dismissal is with prejudice (ROC, Rule 15, Sec. 13).
1. That the cause of action is barred by prior judgment (res judicata);
2. That the cause of action is barred by the statute of limitations (prescription);
3. That the claim or demand has been paid, waived, abandoned, or otherwise extinguished (extinction);
4. That the claim is unenforceable under the statute of frauds (statute of fraud) (ROC< Rule 15, Sec. 13)

B. Refile the complaint, if the dismissal is without prejudice.

Question 75

May the order granting an affirmative defense be assailed by motion for reconsideration?

Answer 75

No. A motion for reconsideration of the court’s action on affirmative defense is prohibited. Thus, the order granting or denying such affirmative defense cannot be the subject of a motion for reconsideration. (ROC, Rule 15, Sec. 12(C)).