1. Complaints ......................................................................................................

2
1. Definition .....................................................................................................2
1. Rule 6, Sec. 3 ...........................................................................................2
2. Filing .............................................................................................................2
1. Manner .....................................................................................................2
1. Personal ................................................................................................2
2. Mail .......................................................................................................2
2. Fees ..........................................................................................................3
1. Docket Fees .........................................................................................3
2. Other Lawful Fees ...............................................................................4
3. Requirements ..............................................................................................4
1. Verification ..............................................................................................4
1. Unsigned pleadings ............................................................................4
2. Certificate against non-forum shopping ............................................5
1. Corporations ........................................................................................5
1. Failure ................................................................................................6
2. Nature ..................................................................................................6
1. Joint Complaints .............................................................................6
3. Forum Shopping ..................................................................................7
3. MCLE Compliance .................................................................................7

Ordinary Civil Actions

1. Complaints
1. Definition
1. Rule 6, Sec. 3
Initiatory pleading alleging a plaintiff's cause(s) of action wherein the names and
residences of the plaintiff and defendant must be stated

2. Filing
1. Manner
The complaint may be filed by presenting the original copy,
personally to the clerk of court or by registered mail to the
clerk of court.

1. Personal
Date and hour of filing. In personal filing, the date and the hour of receipt by the
clerk of court as indicated on the face of the complaint is the date and hour of filing

2. Mail
Date and hour of filing. The date of posting appearing on
the envelope shall be considered the date of filing.
Filing by mail other than through registry service of the
government postal agency is not authorized! If done so,

the date of filing will be the date of receipt by the clerk of

court.

2. Fees
1. Docket Fees
JURISDICTIONAL!
Ballatan v. CA 304 SCRA 34, summarizes the rule on
payment of docket fees:
1. When an action is filed in court, the complaint must
be accompanied by the payment of the requisite
docket and filing fees.
1. If the plaintiff should pay the wrong amount
without intent to defraud: Where the party
does not deliverately intend to defraud the
court in payment of docket fees, and
manifests its willingness to abide by the rules
by paying additional docket fees when
required by the court, the liberal doctrine in
Sun Insurance v Asuncion 170 SCRA 274 ( and
not the strict regulations set in Manchester 149
SCRA 562 will apply.
2. Amount of fee. Real Actions. Docket and filing fees
are based on the value of the property and the
amount of damages cliamed, if any which must be
specified in the body and prayer of the complaint.
1. Courts must use the fair market value of the
real properties;
2. in the absence of FMV, the stated value of
the real property.
3. if the complaint is filed but the fees are not paid at
the time of filing: the court acquires full jurisdiction
upon full payment of the fees within a reasonable
time as the court may grant, barring prescription
4. where fees prescribed for the real action have been
paid but the fees of certain related damages are
not: the court has jurisdiction over the real action,
but it may not have acquired jurisdiction over the
accompanying claim for damages (Original
3

Development and Construction Corp. v CA, 202

SCRA 753
1. thus, the court may:
1. expunge those claims for damages, or
2. allow, on motion, a reasonable time for
amendment of complaint so as to
allege the correct amount of damages
and accept payment of the legal fees
(Ibid)
5. If there are unspecified claims, the determination of
which may arise after the filing of the complaint or
similar pleading: the additional filing fee thereon
shall constitute a lien on the judgment award.(Ibid)

2. Other Lawful Fees

3. Requirements
1. Verification

A pleading is verified by an affidavit that the affiant has

read the pleading and that the allegations therein are
true and correct of his personal knowledge or based on
authentic records.
Is the verification by a lawyer sufficient? Yes. A party's
representative who knows the truth of the facts alleged
in the pleading may sign the verification. It is substantial
compliance. (Uy v. Workmen's Compensation
Commission, 97 SCRA 255)

1. Unsigned pleadings

A pleading that is required to be verified but

contains a verification based only on "information
and belief," or upon "knowledge, information and
belief," is not properly verified and shall be treated
as an unsigned pleading. (See Rules of Court, Rule 7,
Sec 4, as amended by AM No. 002 -10 -SC).
o The pleading produces no legal effect

o In NOPA v. Hon. Presiding Judge of RTCNegros Occidental, Branch 52, 575 SCRA 575:
The courts may allow the deficiency to be
remedied, however, petitioner must show
reasonable cause justifying non-compliance
of the rule, and must convince the courts that
the outright dismissal of the petition
woulddefeat the administration of justice.
This must be raised at the earliest time. It
cannot be raised on appeal (Vicar
International Construction Inc. v. FEB
Leasing and Finance, 456 SCRA 588)
o
o

2. Certificate against non-forum shopping

Always required when filing an initiatory pleading!

The plaintiff or principal party must certify the complaint
under oath or in a sworn certification annexed thereto
and simultaneously filed therewith that:

1. plaintiff 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;
2. if there is such other pending action, a complete
statement of the present status thereof; and
3. if plaintif should thereafter learn that the same or similar
action or claim has been filed or is pending, he shall
report that fact within five (5) days therefrom to the
court wherein his aforesaid complaint or initiatory
pleading has been filed. (Rules of Court, Rule 7, Sec 5)

1. Corporations

Who may sign the certificate? Only individuals

vested with authority by a valid board resolution,
and that the proof of said authority must be
attached.
Generally, A board resolution must authorize the
officer executing the non-forum certification on

behalf of the corporation.

o Who can sign without a board resolution?
Chairperson of the Board of Directors
President of corporation
General Manager of Acting General
Manager
Personnel Officer
Employment Specialist in a labor
case(Cagayan Valley Drug Corporation
v. CIR, 545 SCRA 10)

1. Failure

Failure to provide a certificate of non-forum

shopping is sufficient ground to dismiss the
petition.
Subsequent submission by the Corporate
Secretary's certificate is substantial compliance
with the requirement that a Board Resolution
must authorize the officer executing the nonforum certification on behalf of the corporation.

2. Nature

It is not jurisdiction, however, it is MANDATORY.

Only initiatory pleadings require the certificate
Should be signed by the plaintiff and not the
counsel.

1. Joint Complaints

The failure of one of the petitioners to sign the

certificate against forum shopping constitutes a
defect in the petition, which is a ground for
dismissing the same.
When can this rule be relaxed? When plaintiffs
show

1. justifiable cause or plausible reason for non

compliance; and

2. compelling reason to convince the court that

outright dismissal of the petition would seriously
impari the orderly administration of justice (Tible
& Tible Company, Inc., et al. v. Royal Savings
and Loan Associations and Quiling, 550 SCRA
562)

3. Forum Shopping

There is forum shopping when, as a result of an

adverse opinion in one forum, a party seeks a
favorable opinion (other than by appeal or
certoriari) in other fora; or
when he repetitively avails himself of several judicial
remedies in courts, simultaneously or successively, all
substantially founded on the same issue or
transactions involving the same essential facts and
circumstances, and all raising substantially the same
issues either pending in or resolved adversly by some
other court.

Short version:

Forum shopping exists where the elements of litis

pendentia are present or where a final judgment in
one case will amount to res judicata in the other.

Question: Where judgment has already become final and

executory, which should be pleaded as a defense, res
judicata or forum shopping?
Res judicata. Forum shopping applies only when two or
more cases are still pending.

3. MCLE Compliance