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CIVPRO > [CODALS - FINAL] RULE 6-8 > Flashcards

[CODALS - FINAL] RULE 6-8 Flashcards

1
Q

Pleadings defined

A

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

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2
Q

Pleadings allowed

A

Complaint, counterclaim, cross­claim, third (fourth, etc.)-party complaint, or complaint-in-intervention

Answer

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3
Q

How may an answer be responded to?

A

By a reply if the defending party attaches an actionable document to the answer.

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4
Q

Complaint

A

Pleading alleging the plaintiffs or claiming partys cause or causes of action.

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5
Q

Answer

A

An answer is a pleading in which a defending party sets forth his or her defenses

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6
Q

Defenses may either be:

A

Negative and affirmative defense.

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7
Q

What is a negative defense?

A

Specific denial of the material fact or facts alleged in the pleading of the claimant essential to his or her cause or causes of action.

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8
Q

What is an affirmative defense?

A

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 or her.

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9
Q

What are the affirmative defenses.

A

LLRP, LILFF, FIEES.

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10
Q

Counterclaim

A

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

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11
Q

Compulsory counterclaim

A

1) Rises out of or is connected with the transaction or occurrence constituting the subject matter of the opposing partys claim and
2) Does not require for its adjudication the presence of third parties of whom the court cannot acquire jurisdiction
3) Such a counterclaim must be within the jurisdiction of the court both as to the amount and the nature thereof.

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12
Q

Effect of not raising a compulsory counterclaim in the same action.

A

Barred. If not raised in the answer, it shall be barred.

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13
Q

What should the defendant do if he has a compulsory counterclaim?

A

DO NOT FILE A MOTION TO DISMISS. File an answer w/ counterclaim, with the ground for motion to dismiss as an alleged affirmative defense.

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14
Q

When is the compulsory counterclaim deemed waive?

A

When** defendant files a motion to dismiss **the complaint instead of answering it.

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15
Q

Plaintiff himself files a motion to dismiss his complaint after the defendant has pleaded his answer with a counterclaim, what if the court grants the motion?

A

Dismissal shall be limited to the complaint. Without prejudice to the right of the defendant to prosecute his counterclaim in a separate action unless he resolves his counterclaim in the same action.

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16
Q

Cross-claim

A

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.

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17
Q

When may the plaintiff file a reply?

A

The plaintiff may file a reply** only if **the defending party attaches an actionable document to his or her answer.

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18
Q

What is a reply?

A

A reply is a pleading to deny, or allege facts in denial or avoidance of new matters alleged in, or relating to an actionable document that was attached to the answer by the defendant.

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19
Q

What if the plaintiff wishes to interpose any claims arising out of the new matters alleged in the answer?

A

Such claims shall be set forth in an amended or supplemental complaint

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20
Q

Third, (fourth, etc.)-party complaint.

A

Claim that a defending party may, with leave of court, file against a person not a party to the action in respect to his opponent’s claim.

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21
Q

When is the third, (fourth, etc.)-party complaint denied?

A

(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.

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22
Q

T or F: Third party complaints does not need leave of court.

A

F

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23
Q

Is the filing of a reply necessary? What is the exception?

A

Not necessary, because even if a party does not file a reply, all the new matters that were alleged in the answer are deemed controverted.

Where the defense in the answer is based on an actionable document, a reply under oath must be made, otherwise, the genuineness and due execution of the document shall be deemed admitted.

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24
Q

How long can the extension be in filing an answer? How many times can he file such?

A

30 days, only once.

25
Q

T or F: The time for filing other pleadings, aside from the answer, can be extended.

A

F, only the time to file an answer can be extended but the court can allow.

26
Q

What happens if the court determines that Rule 7 (PARTS AND CONTENTS OF A PLEADING) has been violated?

A

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.

27
Q

How is verification made:

A

Verified by an affidavit of an affiant duly authorized to sign said verification

28
Q

Verification:

The following attestations should be attached with the pleading

A

1) Allegations in the pleading are true and correct based on his own personal knowledge, or based on authentic documents
2) Pleading is not filed to harass, case unnecessary delay or needlessly increase the cost of litigation
3) The factual allegations have evidentiary support

29
Q

VERIFICATION SIGNIFICANCE

A

Intended to secure an assurance that matters alleged are done in good faith or are true and correct and not of mere speculation.

30
Q

Verification Deemed substantially complied when:

A
  • one who has ample knowledge to swear to the truth of the allegations in the complaint or
    petition signs the verification
  • Matters alleged in the petition have been made in good faith or are true and correct
31
Q

Effect of non compliance with verification

A

Not necessarily render the pleading fatally defective:

The Court may order submission or correction or act on the pleading if the attending circumstances show that strict compliance may be dispensed with

32
Q

When is cert against forum shopping required?

A

Required in filing a complaint and other initiatory pleadings asserting a claim or relief

33
Q

Who may file a cert against forum shopping?

A

The plaintiff or principal party

34
Q

When is there forum shopping?

A

A party institutes two or more suits in different court, either simultaneously or successively, in order to ask the courts to rule on the same causes on the supposition that one or the other court would make a favorable disposition or increase the party’s chances of obtaining a favorable decision or action .

35
Q

Test to determine

A

W/N the elements of litis pendentia are present OR whether a final judgment in one case will result to res judicata in another.

36
Q

Who executes or signs the certification on forum shopping?

A
  • plaintiff or principal party who executes the certification under oath
  • Must be signed by the party himself and not by his counsels

XPN: Agent/AIF

37
Q

What are the undertakings of a party under the certification against forum shopping:

A
  • That the party has not commenced or filed any claim involving the same issues in any court etc, to the best of his knowledge, no other action is pending
  • That if there are other pending actions, a complete statement of the present status
  • That if he should learn that the a similar/pending action has been filed, he shall report that fact within 5 days to the court wherein his complaint/initiatory pleading has been filed

CPL

38
Q

T or F: Failure to comply wt the reqs of cert against FS is curable by an amended complaint.

A

F

39
Q

Consequence of

Submission of a false certification against FS or non compliance with undertakings

A

Constitute indirect contempt of court, without prejudice to the corresponding administrative and criminal actions.

40
Q

Consequence of

Willful and deliberate forum shopping

A

Ground for summary dismissal with prejudice and shall constitute direct contempt and cause for administrative sanctions.

41
Q

In what ways may forum shopping be committed.

A
  • LITIS PENDENTIA
  • RES JUDICATA
  • SPLITTING CAUSE OF ACTIONS (where ground for dismissal is either litis or res)
42
Q

If FS is not considered willful and deliberate

A

Subsequent cases shall be dismissed without prejudice on one of the 2 grounds mentioned above

Clarify nalang the grounds haha

43
Q

Requirements of forum shopping certificate for a corporation:

A

Need Authority of Board Resolution + Corporate Secretary

44
Q

Following officials or employees of the company can sign the verification and certification without need of a board resolution:

A
  • Chairperson of the Board of Directors
  • The president of a corporation
  • General Manager or acting General Manager
  • Personnel Officer
  • Employment Specialist in a labor case

CPG-PE

45
Q

Rule 8: Manner of making allegations in pleadings

What should every pleading contain?

A

Ultimate facts and evidence. If a cause of action or defense relied on is based on law, the pertinent provisions thereof and their applicability to him or her.

46
Q

Whenever an action or defense is based upon a written instrument or document:

A

Substance of such instrument or document shall be set forth in the pleading, and the original or a copy thereof shall be attached.

47
Q

When an action or defense is founded upon a written instrument

A

Genuineness and due execution of the instrument shall be deemed admitted unless the adverse party, under oath specifically denies them, and sets forth what he or she claims to be the facts.

48
Q

Effect of defendant’s failure to make specific details

A

Allegations not specifically denied deemed admitted.

49
Q

Specific Denial:

What if the admissions appear in the answer of the defendant?

A

Plaintiff may file a motion for judgment on the pleadings under Rule 34

50
Q

When does specific denial require an oath?

A

When an action/defense is founded upon a written instrument

Review when the requirement of an oath does not apply.

51
Q

Where shall a defendant raise his affirmative defense?

A

In an answer

52
Q

What are the affirmative defenses?

A

LILFF and FIEES

53
Q

When shall a defendant raise the affirmative defense? What’s the consequence?

A

Failure to raise the affirmative defenses at the earliest opportunity shall constitute a waiver thereof.

54
Q

LILFF: How will the court resolve this?

A

Motu propio, within thirty (30) calendar days from the filing of the answer

55
Q

FIEES: How will the court resolve this?

A

May conduct a summary hearing within fifteen (15) calendar days from the filing of the answer. Such affirmative defenses shall be resolved by the court within thirty (30) calendar days from the hearing.

56
Q

What if an AD is denied?

A

They shall not be the subject of a motion for reconsideration or petition for certiorari, prohibition or mandamus, but may be among the matters to be **raised on appeal **after a judgment on the merits.

57
Q

Effect if AD is granted

A

Complaint is dismissed. Resource is appeal after udgement.

58
Q
A

CIVPRO (9 decks)

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