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no certificate
forum shopping
Monday meeting
Forum shopping
forum shopping
No forum shopping
non-deliberate/non-willful
willful/deliberate
no certification dismissal w/o prej.
dismiss for lsrj
upon motion
up arrow
admin(?)
X
summary
dismissal
up arrow plus
up arrow
w/prej
cause for admin
direct contempt
(verification)
first thing to look at: caption because if wrong, may be dismissed for lack of
jurisdiction
then check if there is a cause of action
verification not normally requiredonly certain petitions (covered by rules on
summary proceedings/small claims to expedite things) lie? Perjury
personal knowledge impt
certification vs. verification
lack of certification not curable by mere amendment
lack of certification: there must be a motion to dismiss//motu propio
dismissal if it is deliberate and willful
CASE: AYALA v. VALISNO
5 causes of action separate
SEVILLEJA v. LAGUI
Same issues/same parties
One admin case and one ombudsman case
Civil/admin/criminal cases are independent of each other
Kung may pending case in any quasi-judicial tribunal kailangan pa rin sabihin
Is there forum shopping? NO pa rin. Power of Ombudsman is merely
investigatory
BA SAVINGS
Authorized through board resolution
Attached to petition for corporate secretaries
Can they sign a cert on behalf of the corporationYES
Corporations cannot act on their own
CAGAYAN VALLEY
Belatedly submitted a board resolution
President signed verification
Rule: Needs a board authority
only individuals vested
MC Engineering
Assuming na walang pirma yung hanlin did the CA correctly dismiss the
case?
incomplete certification (one party did not sigh) dismiss it only with regard
to that party so mali yung CA according to sir
LDP and Swedish Case
LDP:
exceptions to the general rule that certificate can be
substantially complied with by amendment//as long as there is certification
kahit late yung authority i-attach, OK pa rin
Swedish:
HAMILTON
There was a certification (first hurdle met!)
Signed by another person
By specific proviso: dapat the parties
Verification: if you dont file you can make habol
Exception they couldnt sign becausereasons
SANTOS v. CA
illegal dismissal
counsel executed verification and certification
duly authorized to fully verify: YES
certify: NO not pwede
there is no reasonable justification
law: it must be the parties who should certify
CAVILE
3 sets of heirs
only one of the petitioners filed a petition after talo
that one person is authorized to sign on behalf of everyone
court said substantial compliance: relatives and common interest
FIEL
Only one of them signed
Rest who did not sign
*to follow authority
END MEETING
DRAFT A PLEADING
5 parts
1. Caption
a. Name of court
b. Title of action
c. Docket number
2. Body
3. Signature and address
4. Verification
5. Certification
REPUBLIC OF THE PHILIPPINES
RTC
SUBJECT MATTER
JURISDICTION
NATIONAL CAPITAL JUDICIAL REGION-----
BRANCH ___, QUEZON CITY ---- VENUE
JUAN DELA CRUZ,
Plaintiff,
Vs.
No.
Chrissete Agustin
Roll of Attorneys No.
Counsel for
Plaintiff
UP DILIMAN
No.
IBP No.
2/16/16 Dismissed and expunged if wala
Mcle compliance
no.
Ptr 12345/ date
Email
Phone number
TANTUICO
CIVIL CASE
What were the allegations? What was said in the casedo they
sufficiently state a cause of action? YES but the court said they were not
able to substantiate
Sir: Court wrong. Simple lang statement there was actually a statement of
ultimate facts (so there was a cause of action na)but cannot answer kasi
insufficient
What is the proper remedy? Bill of particulars not motion to dismiss
Liquidated damages
Answer does not need a verification under 2 circumstances:
(Carlo)
1. He is not a party
2. Order for an examination of the document was excused
3.
p.48 beda
order of default-motion by plaintiff then the court gives an order of default
vs. judgment of default-renders a judgment on a defendant who is in default
remedies:
orderinterlocutory; motion to set aside on ground fraud accident mistake
excusable negligence
motion to set aside not granted: Rule 65
judgmentappeal (objective: just change the judgment ; motion for new trial
Rule 38 (objective: present evidence)
partial default: several defendants some filed some did not
effect:
you will not be allowed to participate in the proceedings during the trial
rules of default benefit of defendantwhy?
Certain cases where you cannot be held in default while not filing an answer
(4)
1. Annulment
2. Legal separation
3. Summary procedure
4. Expropriation
5. Small claims
If you are in default, can the court render judgment against you?
1. independent
a.
2. ancillary
a. JURISDICTION is vested upon the original action
b. Remember this lalabas yan sa quiz
case
issues
personal
property
residual jurisdiction
JURISDICTION
original complaint independent jurisdiction
permissive counterclaim independent
compulsory counterclaim independent jurisdiction
cross claim ancillary (must set it up otherwise it is barred)
third party complaint ancillary (republic v. something)
Third party complaint
Claim for 4 things:
Contribution
Indemnity
Subrogation
Other relief in respect of his opponents claim
P D1(3rd party) D2
Can defendant 2 assert a counterclaim against defendant 1 (Yes
counterclaim kasi from his perspective D1 is plaintiff)
Defendant 2 assert counterclaim against PlaintiffYES. In proper cases (Rule
6, Sec. 13)
Proper case
5 years to execute
missedmotion to revive within 10 years
REPLY
A pleading, the office or function of which is to deny, or allege facts in denial
or avoidance of new matters alleged by way of defense in the answer and
thereby join or make issue as to such new matters
P-complaint
(can file MTD, motion for bill of particulars)
Jims Question
Leobera: if no common question of fact or law, pwede ba ijoin (proper joinder
of causes of action)?
Acquired cause of action?
FILING AND SERVICE
What are the ways to file a pleading?
1. By personally giving to clerk of court (filing)
2. Sending it to registered mail
Service: providing the other party a copy
No registered mail service in my locality? Can you file it by ordinary mail?
Can I choose not to serve it on the counsel but on party? NO
Exceptions:
1. Rule 25 and 26 Section 1
Ways to serve a pleading
Contrast and compare
What is an explanation: kung bakit di personally binigay: pursuant to Rule
13 Sec. 11 a copy of this pleading was served by registered mail due to
distance and lack of available man power
SOLAR
Real action
Tip to identify quasi-in-rem: can you file the action even if the defendant is
abroad?
All actions in rem affect real property
All actions quasi in rem affects real property: FALSE
It is important to identify in order to know when to know the service of
summons
R/P distinction is important for purpose of venue
Difference between that it is executable and acquisition of personal
jurisdictionthe mere fact that you served summons doesnt mean that you