Professional Documents
Culture Documents
- Court acquires jurisdiction over the person of the plaintiff (civil case)
- The first action of the court is to issue summons but not all because court will resolve
first some issue:
1. Plaintiff litigate as indigent/ motion to litigate as indigent (before court can acquire
juris pay first docket fees) – can decided by the court ex parte (summary hearing
yung plaintiff lang ang nandun)- preliminary sya kay ang defendant can question it
kay pwede irecall yan ng court and order plaintiff to file the correct docket fee
* If it is Unlawful Detainer case irregardless of amount MTC jud sya kay damages kay incidental lang sya
*Issue of Jurisdiction can be raised even first on appeal but can be barred by estoppel ( you invoked jur-
participated in the proceeding-then later on hindi pinaburan ng korte-then raise jur. Issue- estopped ka
na- case of sibonghanoy)
*What determines is the allegations in the complaint (prayer) and not the heading of the case
During the presentation of evidence, only issues that the court acquired jurisdiction can be the subject of
evidence- if not raised that is objectionable.
-there allegations in the complaint that is deemed admitted if not specifically denied- example actionable
document like promissory note- gi allege sa plaintiff na naay promissory note then wala gi specifically
deny sa defendant- DAPAT SPECIFIC DENIAL JUD
Implied Consent of the parties- in the answer of the defendant did not deny promissory note, did not
deny the genuineness of the PN, then after nag present sya witness na forged ang PN-
VENUE
Personal Action- the venue is determined by the residence of the plaintiff or defendant at the option of
the plaintiff (kung kinsa ni file action) – for the ordinary civil action
i) Commonality of Parties
ii) Causes of Action
Then in any place where the property is situated- subject to the case- JUST REMEMBER DAPAT NAA
COMMONALITY
Verification
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 in good faith (Riano,
2014, citing Sarmiento v. Zaratan, G.R. No. 167471, February 5, 2007; BPI vs CA, G.R. No. 170625, 17
October 2008).
The absence of a proper verification is cause to treat the pleading as unsigned and dismissible (Riano,
2014, citing Chua v. Torres, G.R. No. 151900, 30 August 2005).
Upon receipt of the complaint- naa na sa kamay ng Clerk of Court, nacomply na tanan- then proper
service of summons na- to acquire jurisdiction over the person of the defendant- and to inform him that
there is a case
TWO MOTIONS
Motion of Bill of Particulars- If vague allegations- file it to clarify with the plaintiff
Motion to Dismiss
For example there are four paragraph na nastricken off(not anymore considered as part of the pleading)
na- defendant file a motion to dismiss based on failure to state cause of action
Ginadiscourage sya sa summons but gi encourage na iraise to as part of your affirmative defense
Plaintiff while waiting for answer- he can amend his complaint and may pray for dismissal of case
to him
- Notice of dismissal (Rule 17) can filed on any ground because there is
no ground set by the rules
But in one case- nagfile sya dismissal nya wala man jurisdiction court ato-then file na pud sya NOD okay
ra…..
Motion to dismiss was denied- It was denied you have to file answer
If there is answer already tapos amend sya- dapat with leave of court na- 10 days nalang sya
Pre trial- if plaintiff fails to appear- dismissal of the case (take note that the party ha not the counsel so if
naa ang party okay)
- court cannot declare the defendant in default moto propio but there must be motion- there
must be notice to the defendant-
Motion to declare defendant in default- there must be hearing- you have to show the court that
defendant received summons on a particular date-
- Here motion to render judgment ang dapat ifile if defendant did not answer within the
reglamentary period
Have the default order set aside – motion to set aside order of default- if wala pa judgment- so that
defendant will regain his standing in court para makafile answer
If judgement kay final na- petition for relief from judgment na (take note these are remedies when
defaulted)
After issues has been joined during the trial na, the rule on evidence will come in-
Kung ang issue kay kinsa namakak ug nag storya tinood- the court can resolve it through presentation of
evidence
Judgement based on the pleadings- if wala na factual issue then di na kailangan mag present ug
evidence
If dili sila applicable kanang sa taas kay TRIAL na so diha na mga present ug EVIDENCE
Judgment