A reply is 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. If a party does not file such reply, all the new matters alleged in the answer are deemed
controverted.

Amendments as a matter of right. — A party may amend his pleading ONCE as a matter of right at any
time before a responsive pleading is served or, in the case of a reply, at any time within ten (10) days
after it is served.

Substantial amendments may be made only upon leave of court. But such leave may be refused if it
appears to the court that the motion was made with intent to delay. Orders of the court upon the
matters provided in this section shall be made upon motion filed in court, and after notice to the
adverse party, and an opportunity to be heard.

Rule 40 MTC to RTC

The appeal is taken by filing a notice of appeal with the court that rendered the judgment or final order
appealed from. The notice of appeal shall indicate the parties to the appeal, the judgment or final order
or part thereof appealed from, and state the material dates showing the timeliness of the appeal.

A record on appeal shall be required only in special proceedings and in other cases of multiple or
separate appeals.

Jurisdiction is determined by the cause of action alleged in the complaint not by the amount awarded.
Metro Manila
Exceeding 400k - RTC
Not exceeding 400k MTC
Jurisdictional Amount does not include DIAL C
Damages of whatever kind, Interests, Attorney’s Fees, Litigation Expenses, Costs

1. Answer attach an affirmative defense and put a counter-claim

Specific performance – RTC unable of pecuniary estimation
 Not to file because you cannot put a counter-claim
File an answer put an affirmative defense to get the counter-claim

2. Ejectment case appeal to RTC

Notice of Appeal from the court rendered judgment and pay appropriate docket fees to acquire
jurisdiction.
Notice on Appeal
a. Parties to the appeal
b. Judgment appealed from
c. Material dates showing timeliness of the appeal
Records will send to RTC. RTC will require the appellant to file memoranda. Memoranda has the
defenses and arguments.

3. Lost of damages of 400k, questions of law, from RTC

Appeal From The Regional Trial Courts to USE Rule 45 appeal to SC
Where the court has jurisdiction then what ground

4. Join all causes of action (topic of Joinder of Causes of Action)

Totality Rule – principally recovery of money, the aggregate amount is the test of jurisdiction
All money claims – exception: litigation expenses and attorney’s fees are excluded.

5. RTC decision is void. Specific performance with special civil action. (MISjoinder)
Assailing the Decision because void
The effects of misjoiner – the judgment is still valid. Misjoinder is just a procedural error not
jurisdictional. Failure to object has deemed waived.
But if lack of jurisdiction is assailed even final and executory can be questioned by annulment of decision

6. Improper venue
MTD of improper venue. Denied or Granted
Personal – where the plaintiff resides or defendant or option of the plaintiff
CAUSE OF ACTION FOR DAMAGES – IT IS A PERSONAL ACTION
Real – title to, possession of, interest of real property
Where the property is situated
Motion will be denied. There is no improper venue, to determine a personal or real action
The issue is a real property involving damages
Can there be stipulation on the venues in filing civil cases?
Yes. Must be in writing, words of exclusivity, done before filing of the case. Venue is procedural
and not jurisdictional. In order to avail a valid stipulation, the following requisites must be
present.