Notes on rule 6 to 13 codal
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Pleadings are written statements submitted to assert claims and defenses. The main pleadings discussed are complaints, counterclaims, cross-claims, answers, and replies. A complaint must state the names of the plaintiff and defendant, contain a concise statement of ultimate facts, and relief prayed for. A counterclaim is a claim by the defendant against the plaintiff arising from the same transaction. It must be answered within 10 days. An answer sets forth defenses, which can be negative (specific denial) or affirmative (new matter like payment or statute of limitations). Replies respond to answers. A complaint must establish a right of the plaintiff, an obligation of the defendant, and a violation of that right. Pleadings must comply with
Notes on rule 6 to 13 codal
- 1. REMEDIAL LAW Notes: RULE #6 to 13 Flor R. Alvarado, JD-IV, BC School of Law PLEADINGS => are written statements of the respective claims and defenses of the parties submitted to the court for appropriate judgment (S1 R6) CLAIMS OF A PARTY ARE ASSERTED IN A: (S2 R6) 1. Complaint - is a pleading alleging a plaintiff’s cause of action. Thenamesandresidencesofthe plaintiff& defendantmust be stated in the complaint. (S3 R6) Concise statement of ultimate facts and Relief prayed for Not evidentiaryfacts nor legal conclusions 2. Counterclaim -is anyclaim which a defending partymayhave against an opposing party. (S6 R6) Is in a nature of a cross-complaint Although it maybe alleged in the answer, IT IS NOT PART OF THE ANSWER. It must b e answered w/in 10 days from service. If interposedtherewillbe 2 simultaneousactionspendingb/wthesamepartieswherein each is at the same time both a plaintiff and a defendant. Maybe asserted against an original counter claimant. Maybe COMPULSORYor PERMISSIVE. COMPULSORY COUNTERCLAIM- is one w/c being cognizable byregular courts (1) arises out of or is connected w/ the transaction or occurrence constituting the subject matterof the opposingparty’s claim; and (2) does not require for its adjudication in the presence of 3rd parties of whom the court cannot acquire jurisdiction; and (3) Such 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 RTC the counterclaim may be considered compulsoryregardless of the amount.(S7 R6) PERMISSIVE COUNTERCLAIM- (1) it does not arise out of or is not necessarily connectedwiththetransactionoroccurrence that is the subject matter of the opposing party’s claim; (2) it does not require for its adjudication the presence of 3rd parties of whom the courtcannotacquirejurisdiction;and(3)it must bew/in the jurisdiction of the court, and is cognizable bythe regular courts of justice. 3. 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-calim may include a claim that the party against whom it is asserted is or may be liable to the cross-calimant for all or part of a claim asserted in the action against the cross-claimant. 4. 3rd, 4th etc party complaint - is a claim that a defending partymay, with leave of court 5. Complaint-in-intervention ANSWER – a pleading in which a defending partysets forth his defenses (S4 R6) May allege legal provisions relied upon for defense
- 2. DEFENSES – mayeither be negative or affirmative. (SR R6) NEGATIVE DEFENSE – specific denial of material facts Specific denial is a negative defense; 2 kinds: 1. A defendant specifies each material allegation of fact the truth of which he does not admit & whenever practicable, sets forth the substance of the matters he relies upon to support his denial, or if he denies only a part of the averment, he specifies so much of it as is true and denies the remainder. 2. A defendant states that does not have nayknowledge or information sufficient to form a belief as to the truth of a material averment. AFFIRMATIVE DEFENSE – an allegation of a NEW MATTER which while hypothetically admitting the material allegations in the pleading would nevertheless prevent or bar recovery by him (fraud, statute of limitations, release, payment, illegality, statute of frauds, estoppels, former recovery, discharge in bankruptcy, & any other matter by way of confession or avoidance) In pleading estoppel, the facts constituting estoppel must be alleged. In all averments of fraud & mistake, the circumstances constituting fraud or mistake must be stated with particularity. Malice, intent, knowledge or other condition of the mind of a person may be averred generally. REPLY – a response to an ANSWER (S2 R6) ELEMENTS OF CAUSE OF ACTION IN A COMPLAINT: 1. A right in favor of the plaintiff by whatever means & whatever law it arises or is created; 2. An obligation on the part of the named defendant to respect or not violate such right; 3. An act or omission on the part of such defendant violative of the right of the plaintiff or constituting a breach of the obligation of defendant to the plaintiff for which the latter may maintain an action for recoveryof damages. ( Uyv. Evangelista, GR#140365, 7/11/01) ULTIMATE FACTS: essential facts constituting the plaintiff’s cause of action (Ma-ao Sugar central v. Barrios) A general allegation of ownership is a sufficient averment of ultimate fact. An allegationina complaintthatthe defendant“se obligo a pagar” or “promised or agreed to pay” the amountof a certain promissorynote to the holder thereof should be considered an allegation of fact. The ff. are NOT ULTIMATE FACTS: 1. Evidentiary or immaterial facts 2. Legal conclusion, conclusions or inferences of facts from facts not stated, or incorrect inferences or conclusions from facts stated. 3. The details of probative matter or particulars of evidence, statements of law, inferences or arguments , 4. An allegation that a contract is valid or void is a mere conclusion of law. RELIEF - Allegation of condition precedent:
- 3. If the plaintiff’s right of action depends upon a condition precedent, he must allege and prove the fulfillment of the condition or the legal excuse for its fulfillment NON-FORUM SHOPPING VERIFICATION Mustbe executedbythe party- Non-compliance or defect therein is generally not curable by its subsequent submission or correction thereof, unless, there is a need to relax the rule on the groundof substantialcomplianceorpresenceof “specialcircumstances or compelling reasons” Mustbe signedby allplaintiffs or petitioners in a case; otherwise, those who did not sign will be dropped as parties to the case unless they share common interest and invoke common cause of action (substantial compliance) Must be executed by party-pleader not by his counsel or execute a SPA in favor of his counsel of record. Non-compliance or defect does not necessarily render the pleading fatally defective. Deemed substantiallycomplied when 1 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 good faith or are true have been made in and correct.