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CIVIL PROCEDURE
ATTY. DEMETRIO C. CUSTODIO, JR.
3.2. COUNTERCLAIMS domestic letters of credit to insure the payment of the
goods.
NAMARCO v. FEDERATION OF UNITED The Federation then filed a complaint for specific
NAMARCO DISTRIBUTORS performance and damages against Namarco, alleging
that after Namarco delivered a great portion of the goods
DOCTRINE: Elements of a Compulsory Counterclaim: listed in the Contract of Sale, it then refused to deliver the
1) Are the issues of fact and law raised by the claim and other goods mentioned. The CFI rendered its decision in
counterclaim largely the same? (Identity of issues); 2) the case, ordering Namarco to deliver to the Federation
Would res judicata bar a subsequent suit on the undelivered goods.
defendant’s claim absent the compulsory counterclaim
rule? (Counterclaim is compulsory if it would be barred Namarco instituted another case where it prayed for the
by res judicata); 3) Will substantially the same evidence payment of P611,053.35, representing the cost of
support or refute plaintiff’s claim as well as merchandise, with legal interest and attorney’s fees
defendant’s counterclaim? (Same evidence or because the letters of credit were dishonored by PNB.
substantial identity); 4) Is there any logical relation Federation moved for the dismissal of the complaint on
between the claim and the counterclaim? (Compelling the ground that the cause of action alleged is barred
test of compulsoriness) forever, pursuant to S6, R10 of the ROC because
Namarco failed to set up any counterclaim when it filed
An after-acquired counterclaim, is one of the its Answer to the Specific Performance case.
recognized exceptions to the general rule that a
counterclaim is compulsory and must be asserted if it Namarco opposed to the motion filed by the Federation,
arises out of the same transaction as the opposing contending that its claim for the recovery of the cost of
party’s claim merchandise is not necessarily connected with the
previous suit therefore it does not fall under the category
NAMARCO and Federation of United NAMARCO of compulsory counterclaim.
Distributors, Inc. (FEDERATION) entered into a contract
of sale involving goods. Namarco accepted three
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ATTY. DEMETRIO C. CUSTODIO, JR.
The CFI issued an order holding “in abeyance” action of The matter of Federation’s non-payment of the goods
the motion to dismiss till after the trial on the merits. already delivered to it was a matter distinct and
separation from and had no logical relationship with the
ISSUE: W/N NAMARCO’S claim for collection of subject matter of Federation’s own suit. These two claims
payment is barred as a consequence of its failure to set it are separate and distinct, as they involve totally different
up as a counterclaim in the previous case factual and legal issues and do not represent the same
“basic controversy.”
HELD: NO. One of the requisites for the application of
the rule on compulsory counterclaim is that the But even assuming that Namarco’s present claim is
counterclaim should at least be connected with or must logically related to the claim of Federation, its claim is in
arise out of the transaction or occurrence which gave rise the nature of an after-acquired counterclaim which under
to the opposing party's claim. the rules is not barred even if it is not set up in the
previous claim as a counterclaim.
The terms ‘transaction’ and ‘occurrence’ used in the
section under consideration include the facts and Thus, Namarco’s present action is not barred by its
circumstances out of which a claim may arise, and failure to assert it as a counterclaim in the previous case.
whether two claims arise out of the same ___________________________________________________
transaction/occurrence depends in part on whether the
same evidence would support or refute both. BUNGCAYAO SR. v. FORT ILOCANDIA
In the previous case, Federation’s cause of action against DOCTRINE: A permissive counterclaim is capable of
Namarco was predicated on the latter’s refusal to proceeding independently of the main case and for the
perform its obligation under the contract of sale. Whereas trial court to acquire jurisdiction, the counterclaimant is
in the present case, the claim of Namarco for the cost of bound to pay the prescribed docket fees. Any decision
the goods delivered arose out of Federation’s failure to rendered without jurisdiction is a total nullity and may
pay for the said goods. be struck down at any time, even on appeal before the
Supreme Court.
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ATTY. DEMETRIO C. CUSTODIO, JR.
In 1992, Bungcayao Sr. and other members applied for a him. He alleged that Manuel Jr. manifested that he still
foreshore lease with the CENRO and was granted a had to consult his parents about the offer but upon the
provisional permit. In 2002, Fort Ilocandia Property undue pressure exerted by Atty. Marcos, he accepted the
Holdings and Development Corporation filed a foreshore payment and signed the Deed of Assignment, Release,
application over a 14-hectare area abutting the Fort Waiver and Quitclaim.
Ilocandia Property, including the 5-hectare portion
applied for by DSierto members. Respondent alleged that petitioner’s sons attended the
luncheon meeting on their own volition and they were
The foreshore applications became the subject matter in a able to talk to their parents through a cellular phone
conflicts case filed with the DENR. The DENR Regional before they accepted respondent’s offer. As a
Exec. Director denied the DSierto members’ foreshore counterclaim, respondent prayed that petitioner be
lease applications that the subject area applied for fell required to return the amount of P400,000 from
either within the titled property or within the foreshore respondent, to vacate the portion of the respondents
areas applied for by Fort Ilocandia. The denial was property he was occupying, and to pay damages because
affirmed by the DENR Secretary. his continued refusal to vacate the property caused
tremendous delay in the planned implementation of Fort
Fort Ilocandia invited the DSierto members to a luncheon Ilocandia’s expansion projects.
meeting and Atty. Marcos, as mediator, offered financial
settlements per claimant in consideration of the ISSUE: W/N Fort Ilocandia’s counterclaim for recovery
improvements introduced, on the condition that they of possession of the property is compulsory in nature
would vacate the area identified as Fort Ilocandia’s
property. HELD: NO. Respondent filed three counterclaims: 1)
recovery of P400,000 given to Manuel Jr. (later rendered
Bungcayao Sr. filed an action for declaration of nullity of moot with the issuance of the court Order confirming
contract with the RTC of Laoag City alleging that his son, agreement of the parties to cancel the Deed); 2) recovery
who attended the meeting, had no authority to represent of possession of the subject property; and 3) damages
him and that the deed was void and not binding upon (waived and renounced.)
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ATTY. DEMETRIO C. CUSTODIO, JR.
The SC ruled that while the second counterclaim was an required docket fees, giving it reasonable time but in
offshoot of the same basic controversy between the no case beyond the reglementary period.
parties, it is very clear that it will not be barred if not set
up in the answer to the complaint. The same is only a Calibre Trading was a distributor/dealer of agricultural
permissive counterclaim that is capable of proceeding chemicals in Pangasinan and Tarlac. It had a
independently of the main case. distributorship agreement with Bayerphils effective from
June 1989-1991. Bayerphils stopped delivering stocks to
The rule in permissive counterclaim is that for a court to Calibre on July 1989 after the latter failed to settle its
acquire jurisdiction, the counterclaimant is bound to pay unpaid accounts. On Calibre’s part, it enjoyed discounts
the prescribed docket fees. Any decision rendered and rebates from from Bayerphil but because of a
without jurisdiction is a total nullity and may be struck disagreement as to the entitlement and computations of
down at any time, even on appeal before the SC. the discounts, it withheld payment to compel the latter to
reconcile its accounts.
In this case, respondent did not dispute the non-payment
of docket fees. Respondent only insisted that its claims Calibre then filed a suit for damages before the RTC of
were all compulsory counterclaims. As such, the Pasig City. Bayerphil filed an Answer with Counterclaim
judgment by the trial court in relation to the second and moved that Mario Sebastian and his wife be
counterclaim is considered null and void without impleaded as co-defendants, considering that the
prejudice to a separate action which respondent may file Sebastians bound themselves as solidary debtors under
against petitioner. the agreement. Calibre opposed the motion to implead
___________________________________________________ and moved to strike out the counterclaim, reasoning that
the spouses are not parties in its suit against Bayerphil
CALIBRE TRADERS, INC. v. BAYER PHILIPPINES, and thus are not the proper parties to the counterclaim. It
INC. also stressed that the issues between the damages suit it
filed and Bayerphils’ counterclaim for collection of
DOCTRINE: Upon determination of the counterclaim money are totally unrelated.
as permissive, the party should be ordered to pay the
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ATTY. DEMETRIO C. CUSTODIO, JR.
The RTC rendered judgment in favor of Calibre and that It has always argued against Calibre’s contention that its
the counterclaim set up by Bayerphil was only counterclaim was permissive ever since the latter
permissive in character so it should be dismissed for opposed Bayerphils motion before the RTC to implead
failure to pay the required docket fees. However on the Sebastian spouses. Lastly, Bayerphils belief was
appeal to the CA, the court favored Bayerphil’s reinforced by Judge Claravall’s October 24, 1990
counterclaim as it was compulsory and that it arose out Resolution when she denied Calibres motion to strike out
of the same dealership agreement from which the claims Bayerphils counterclaim.
of Calibre were based.
In accordance with the aforementioned rules on payment
ISSUE: W/N the lower court correctly dismissed of docket fees, the trial court upon a determination that
Bayerhils counterclaim for non-payment of the required Bayerphils counterclaim was permissive, should have
docket fees when it ruled the same to be a persmissive instead ordered Bayerphil to pay the required docket fees
counterclaim for the permissive counterclaim, giving it reasonable time
but in no case beyond the reglementary period.
HELD: NO. As regards the question of what kind of
counterclaim was set up by Bayerphil, the same is a Besides, Bayerphil should not suffer from the dismissal
permissive counterclaim because the suit may proceed of its case due to the mistake of the trial court. It must be
independently in a separate action. Although the rights noted that the court had jurisdiction over counterclaim
and obligations of the parties are anchored on the same although it erroneously ordered its automatic dismissal.
contract, the causes of action they filed against each other ___________________________________________________
are distinct and do not involve the same factual issues.
3.3 JUDICIAL AFFIDAVIT RULE
Be that as it may, the lower court was incorrect in ___________________________________________________
dismissing Bayerphils counterclaim for non-payment of
docket fees as the latter never evaded payment on the 3.4 AMENDED/SUPPLEMENTAL PLEADINGS
honest belief that its counterclaim was compulsory.
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ATTY. DEMETRIO C. CUSTODIO, JR.
PLANTERS DEV’T BANK v. LZK HOLDINGS AND filing of the Answer and Reply, LHDC moved for the
DEV’T. CORP. (LHDC) setting of the pre-trial. However, just before the
scheduled pre-trial, LHDC filed a Motion for Leave to file
DOCTRINE: A broad definition of causes of action a Supplemental Complaint to cover occurrences
should be applied: while a matter stated in a subsequent to the original complaint. In addition, LHDC
supplemental complaint should have some relation to filed an Urgent Motion for the Issuance of TRO and Writ
the cause of action set forth in the original pleading, the of Prelim. Injunction.
fact that the new supplemental pleading technically
stares a new cause of action should not be a bar to its PDB opposed the supplemental complaint and urgent
allowance but only a factor to be considered by the motion, contending that the latter had miserably failed to
court in the exercise of its discretion. establish any right in this regard, that the supplemental
matters in the supplemental complaint would bring into
LHDC entered into a loan agreement with PDB in the the case new causes of action distinct from the original
amount of P40 million to finance the construction of a complaint and that it also lacks the required verification.
building, secured by a real estate mortgage over the lot
where the building was being constructed. LHDC then The RTC admitted the supplemental complaint because
executed two promissory notes and a Deed of the additional causes of action were intimately and
Assignment in favor of PDB. necessarily connected to the causes of action in the
original complaint.
LHDC failed to pay the loan and failed to comply with
the Deed of Assignment as well as the promissory notes ISSUE: W/N the admission of the supplemental
so PDB extrajudicially foreclosed the REM and the complaint was correct
property was later sold to PDB as the highest bidder.
HELD: YES. The purpose of the supplemental pleading
LHDC filed a complaint for annulment of extrajudicial is to bring into the records new facts which will enlarge
foreclosure, mortgage contract, promissory notes and or change the kind of relief to which the plaintiff is
damages against , alleging the REM to be void. After entitled; hence, any supplemental facts which further
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develop the original right of action, or extend to vary the consequence of co-ownership. Hence, the petitioner’s
relief, are available by way of supplemental complaint cause of action for legal redemption stems directly from
even though they themselves constitute a right of action. and is an extension of her rights as co-owner of the
property subject of the complaint.
As a rule, parties may file supplemental pleadings only
to supply deficiencies in aid of an original pleading, but Lilia Dy Young extrajudicially partitioned an
not to introduce new and independent causes of action. unregistered parcel of land which she mortgaged to the
In the present case, the principal and core issues raised spouses Sy to secure her loan. The land was then
by the parties in their original pleadings remain the extrajudicially foreclosed and Manuel Sy emerged as the
same. The relief for damages, the collection of the rentals highest bidder.
and the application thereof by the petitioner to the
perceived loan deficiency of the respondent are germane Genalyn Young filed a complaint for nullification of
to, and are in fact, intertwined with the cause of action of second supplemental extrajudicial settlement, mortgage,
nullification of the real estate mortgage and the foreclosure sale and tax declaration.
extrajudicial foreclosure thereof, as well as the sale at
public auction. Later, she filed a Motion to Admit Supplemental
Complaint where she invoked her right, as co-owner, to
By its supplemental complaint, LHDC merely enlarged exercise the legal redemption. The RTC denied the same
its original causes of action on account of events that Motion. She elevated the same to the CA and it also
transpired after the filing of the original complaint and denied the Petition because the cause of action in the
prayed for reliefs. supplemental complaint is entirely different from the
___________________________________________________ original complaint.
YOUNG v. SY ISSUE: W/N the supplemental complaint should be
admitted as the subject of legal redemption is covered the
DOCTRINE: The right of legal redemption as co-owner original complaint
is conferred by law and is merely a natural
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HELD: YES. The consolidation of title over the subject PPA v. WG&A
property in the name of Sy and the issue as to whether it
precluded Young as alleged co-owner from exercising DOCTRINE: Amendments made that substantially
the right of legal redemption are new matters that alter the cause of action or defense may be made only
occurred after the filing of the original complaint. The upon leave of court.
relief prayed for in the supplemental complaint is WG&A requested PPA for it to be allowed to lease and
germane to and intertwined with the cause of action in operate the Marine Slip Way in the North Harbor. Pres.
the original complaint, that is the exercise of the right of Estrada issued a memorandum saying that the ECC has
legal redemption. approved WG&A’s request from Jan. 1-June 30, 2001 or
until such time that PPA turns over its operations to the
As the right of legal redemption as co-owner is conferred winning bidder for the North Harbor Modernization
by law and is merely a natural consequence of Project.
co-ownership, her cause of action for legal redemption
stems directly from and is an extension of her rights as PPA then sent a letter to WG&A on Nov. 12, directing the
co-owner of the property subject of the complaint. latter to vacate the premises & turnover the
improvements made on the belief that the lease already
If a separate action is filed for the subject covered by the expired on June 30. WG&A asked for reconsideration but
Supplemental Complaint, there will be multiplicity of PPA denied the same.
suits. Should a separate complaint be filed before the
nullification of the partition, the same would be WG&A then filed an Injunction suit against PPA
dismissed for being premature pending the resolution of claiming that the latter unjustly, illegally and
the Complaint for nullification. prematurely terminated the lease contract. Days later,
___________________________________________________ WG&A amended its complaint for the first time to which
it included a third cause of action. PPA then submitted its
Answer following the first amendment of the complaint.
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WG&A then filed a Motion to Admit Attached Second altered” was sticken-off. The clear import of such
Amended Complaint however the caption the second amendment, as emphasized in Valenzuela v. CA, is that
complaint was changed and included a fourth cause of under the new rules, the amendment may (now)
action plus additional relief in its prayer. PPA opposed substantially alter the cause of action or defense.
the admission of the same, positing that the reformation
sought by WG&A constituted substantial amendment, This should only be true, however, when despite a
which if granted, will substantially alter the latter’s cause substantial change or alteration in the cause of action or
of action and theory of the case. defense, the amendments sought to be made shall serve
the higher interests of substantial justice, and prevent
The Motion to Admit the same was denied by the RTC delay and equally promote the laudable objective of the
but the CA set aside the Order and directed the RTC to rules.
admit the second amended complaint pursuant to S3R10 ___________________________________________________
of ROC.
LEOBRERA v. CA
ISSUE: W/N an amended complaint may be admitted
even when the same substantially alters the cause of DOCTRINE: When the cause of action stated in the
action supplemental complaint is different from the causes of
action mentioned in the original complaint, the court
HELD: YES. The RTC, in denying the Motion to Admit should not admit the same as it is not a matter of right.
Second Amended Complaint, applied the old S3R10 of
the ROC which does not allow the admission of Carlos Leobrera was granted an P8,000 credit facility by
amendments when the same is made with intent to delay BPI which was part of an amicable settlement between
the action or that the cause of action or defense is the two parties. The credit facility was secured by two
substantially altered. REMs. Leobrera also obtained a separate three-year term
loan secured by a third REM.
Under the 1997 Rules of Civil Procedure, the phrase “or
that the cause of action or defense is substantially
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The parties were unsuccessful in their negotiations on the implies, a supplemental complaint should supply only
terms of their renewal so BPI demanded the full payment deficiencies in aid of an original complaint and it must be
of the loan. Leobrera failed to pay so BPI foreclosed the based on matters arising subsequent to the original
REMs. complaint related to the claim or defense presented
therein, and founded on the same cause of action.
Leobrera filed a complaint for damages w/ a prayer for
the issuance of a writ of prelim. injunction seeking to The record shows that petitioner's main cause of action in
enjoin BPI from foreclosing the mortgages before the the original complaint filed in Civil Case No. 15644
latter was able to institute foreclosure proceedings. concerned BPI's threat to foreclose the real estate
mortgage securing the two 90-day promissory notes
Leobrera also failed to pay the amortization due on the executed by petitioner in 1986.
three-year term loan so BPI was forced to foreclose the
last REM. However, Leobrera filed a Motion to File The supplemental complaint on the other hand alleged
Supplemental Complaint before BPI could again institute acts of harassment committed by BPI in unreasonably
foreclosure proceedings. opting to declare petitioner in default and in demanding
full liquidation of the 1985 three- year term loan.
BPI contested the validity of the restraining order issued
by the Court which enjoined it from proceeding with any Although there is identity in the remedies asked for in
legal court or other action arising from the promissory both complaints, Leobrera’s subsequent cause of action
note. giving rise to the claim for damages in supplemental
complaint is unrelated to the amicable settlement which
ISSUE: W/N the admission of the supplemental brought about the grant of the credit facilities, the breach
complaint was proper of which settlement is alleged to be the basis of the
original complaint.
HELD: NO. The matters involved in the supplemental ___________________________________________________
complaint are entirely different from the causes of action
mentioned in the original complaint. As the name
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QUIRAO v. QUIRAO be allowed as the parties have already undergone a
pre-trial conference. The trial court denied the motion,
DOCTRINE: Amendments to pleadings are generally saying that the amendments will prejudice Lydia et al.
favored and should be liberally allowed in furtherance since they had already rested their case and the alleged
of justice so that every case may so far as possible be facts were already existing and known to Rodrigo et al.
determined on its real facts and in order to prevent the when they filed their Answer.
circuity of action.
ISSUE: W/N the Motion to Admit Attached Amended
Lydia and Leopoldo Quirao, Jr. filed a complaint for Answer was properly denied as the other party had
recovery of possession, ownership and damages against already rested its case before the filing of the same
petitioners, who were the grandchildren of Segundo
Clarito. The latter, in their Answer, claimed that the HELD: NO. The ROC allow amendments of pleadings as
subject property was owned by their grandfather and a matter of right before a responsive pleading is served;
that Rodrigo had been in possession of the same before otherwise, leave of court must first be obtained. Trial
WW2 so Leopoldo (Lydia’s husband) never possessed it. courts are given the discretion to grant leave of court to
file amended pleadings, and their exercise of this
After Lydia & Leopoldo rested their case, Rodrigo et al. discretion will normally not be disturbed on appeal,
filed a Motion for Leave of Court to Admit Attached unless there is evident abuse thereof.
Amended Answer so that they can add the alternative
defense that even if Lydia et al. were the owners of the The Motion for Admission of Amended Answer may be
property by inheritance, they executed a Deed of a little tardy but this by itself is not a cause for its denial.
Extrajudicial Partition of Property with Sale in favor of
Carlito de Juan and de Juan sold part of the property to The SC observed that the amended Answer alleged that
them. Lydia et al. no longer owned the property having sold
the same to de Juan who, in turn, sold the property to
Lydia et al. opposed the Motion, saying that it was them. These allegations, if correct, are vital to the
dilatory and the amendments are substantial and cannot disposition of the case at bar. The interest of justice and
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equity demand that they be considered to avoid a result CFI denied the application and declared the land applied
that is iniquitous. for public land formed by the action of the sea. The CA
___________________________________________________ reversed the decision of the CFI and decreed registration
in the applicant’s name.
DIRECTOR OF LANDS v. CA
ISSUE: W/N the allegation in the original application for
DOCTRINE: Pleadings that have been amended registration attributing the origin of the land still bound
disappear from the record, lose their status as pleadings Borromeo Bros. despite the amendment made with leave
and cease to be judicial admissions. While they may be of court
nonetheless be utilized against the pleader as
extrajudicial admissions, they must, in order to have HELD: NO. The SC held that it did not appear that the
such effect, be formally offered in evidence. original application for registration containing the
averment in question, or that particular averment itself,
R. Borromeo Bros. Estate, Inc. filed for an application for was offered or received in evidence for the Director of
confirmation and registration of title in its favor with the Lands in the CFI. Pleadings that have been amended
CFI of Leyte. Two oppositions to the application were disappear from the record, lose their status as pleadings
filed, one by the Director of Lands and the other by the and cease to be judicial admissions. While they may be
Municipality of San Isidro on the ground that the same nonetheless be utilized against the pleader as
was part of the public domain. extrajudicial admissions, they must, in order to have such
effect, be formally offered in evidence.
The case was heard and after the applicant presented its ___________________________________________________
evidence, it sought and was allowed to amend its
application, from saying that the land applied for was DIONISIO v. LINSANGAN
formed of alluvium deposited by action of the sea to
accretions of soil and sediment carried from higher DOCTRINE: The test to determine if an amendment
places by the currents of two creeks. introduces a different cause of action is whether such
amendment now requires the defendant to answer for a
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liability or obligation which is completely different action from unlawful detainer to recovery of possession
from that stated in the original complaint. which fell outside the MTC’s jurisdiction and since the
amendment introduced a new cause of action, its filing
Gorgonio Cruz owned agricultural lands that were on Aug. 5, 2003 marked the passage of the one year limit
cultivated by Romualdo San Mateo. When Romualdo from demand required in ejectment suits.
died, his wife Emiliana was permitted to stay in the
property on the condition that she would vacate it upon ISSUE: W/N the amendment of the complaint effectively
demand. Sps. Dionisio bought the property from changed the cause of action from ejectment to recovery of
Gorgonio in 1989 then in 2002, they found out that possession
Emiliana left the property and was occupied by Wilfredo
Linsangan through a Kasunduan ng Bilihan ng HELD: NO. An amended complaint that changes the
Karapatan dated Apr. 7, 1977. The spouses demanded plaintiff’s cause of action is technically a new complaint.
Wilfredo to vacate the land but the latter refused so they Consequently, the action is deemed filed on the date of
filed an eviction suit before the MTC San Rafael, Bulacan. the filing of such amended pleading, not on the date of
the filing of its original version. Thus, the statute of
At the pre-trial, the spouses orally asked to amend their limitation resumes its run until it is arrested by the filing
complaint then Wilfredo asked for time to respond to the of the amended pleading.
same. The spouses filed their amended complaint on
Aug. 5, 2003 and Wilfredo maintained his original Wilfredo did not need to file a new Answer. The
answer. amended complaint had essentially identical allegations.
The only new ones are that the spouses allowed Emiliana
The MTC ordered Wilfredo to vacate the land and to stay out of their kindness, tolerance, and generosity.
remove his house from it as well pay the spouses
reasonable compensation for the use of the land. The Both the original and amended complaint required
RTC affirmed the MTC’s decision but the CA reversed Wilfredo to defend his possession based on the allegation
the decisions. The CA held that by amending the that he had stayed on the land after Emiliana left out of
complaint, the spouses effectively changed their cause of
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the owner’s mere tolerance and that the latter had partitioned. Lumbaos then filed a complaint for
demanded that he leave. reconveyance with damages before the RTC of Pasig. The
___________________________________________________ heirs of Rita filed their answer denying the allegations.
3.5 RESPONSIVE PLEADINGS Santos et al. filed their answer. In the answer and
amended answer to the complaint for reconveyance with
SANTOS v. LUMBAO damages, Virgilo and Tadeo admitted having acted as
witnesses in the execution of [D1]. Nonetheless, they
DOCTRINE: Facts alleged in a party's pleading are denied that the land had been sold in favour of Sps.
deemed admissions of that party and are binding upon Lumbao. They also denied that the extrajudicial
him, but this is not an absolute and inflexible rule. An settlement had been done in bad faith as it had been duly
answer is a mere statement of fact which the party published as required by law. Sps Santos prayed for the
filing it expects to prove, but it is not evidence. dismissal of the action, for failure of Sps Lumbao to
resort to barangay conciliation.
On two occasions, Rita Santos sold to the spouses
Lumbao a property which is a part of her share in her Lumbaos, with leave of court, amended the complaint.
deceased mother’s estate. The first involved 100 square They averred that a real estate mortgage had been
meters of her inchoate share and the other an additional 7 executed in favour of Esplana. The trial court rendered
square meters. its decision Santos et al had been ordered to pay Sps
Lumbao damages. Upon appeal, the CA reversed the
After acquiring the land, the spouses took actual lower court’s decision and ruled in favour of Lumbaos.
possession and built a house. They made several verbal
demands for the execution of the necessary documents to ISSUE: W/N the Answer filed by Santos et al. was
effect the issuance of a separate title in their favor insofar binding
as the property is concerned. Before her death, Rita told
Proserfina that she could not deliver the title to the HELD: YES. As observed by the CA, the petitioners had
property because the entire land had not yet been not adduced any other evidence to override the
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admission made in their Answer that Virgilio and Tadeo transfers and the cancellation of all titles issued pursuant
actually signed the Bilihan ng Lupa dated Aug. 17, 1979 thereto on the ground that they were all simulated,
except that they were just misled as to the purpose of the fictitious, and without consideration.
document.
The Santoses, in their Answer, claimed that the sale to
Virgilio’s answers were unsure and quibbled. Hence, the them was conditional i.e. the properties were to be
general rule that the admissions made by a party in a considered as the investment of the Gardners in the
pleading are binding and conclusive upon him applies in subdivision venture and that in the event that this did
this case. not materialize they were to reconvey the lots to the latter
___________________________________________________ upon reimbursement of all sums advance to them. In
addition, the deed of sale was to be registered for the
GARDNER v. CA Santoses’ protection considering the moneys that they
advanced.
DOCTRINE: When the party himself in open court
repudiates the defenses that he raised in his Answer The RTC favored the Gardners and declared the five
and against his own interest, his testimony is deserving transfers null and void.
of weight and credence.
ISSUE: W/N the Answer made by the Santoses binds
The Gardners and Santoses entered into an agreement for them to the same
the subdivision of two parcels of land, with the latter
binding themselves to advance to the former P93,000 in HELD: NO. In its Resolution reversing the original
installments. Decision, respondent Court discredited the testimony of
Ariosto SANTOS for being at variance with the
Successive transfers of real property transpired. allegations in his Answer. The fact, however, that the
Aggrieved, the Gardners filed for Declaration of Nullity, allegations made by Ariosto SANTOS in his pleadings
Rescission and Damages against the five transferees, and in his declarations in open Court differed will not
praying for the declaration of nullity of all the five militate against the findings herein made nor support the
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ATTY. DEMETRIO C. CUSTODIO, JR.
reversal by respondent Court. As a general rule, facts summons. The Motion to Dismiss was not acted upon by
alleged in a party's pleading are deemed admissions of the RTC and after 11 months, San Pedro Cineplex filed a
that party and binding upon it, but this is not an absolute Motion to Withdraw Motion to Dismiss and to Admit
and inflexible rule. Answer. On the same date, the Court denied the Motion
to Dismiss and acting upon the motion of the Heirs that
An Answer is a mere statement of fact which the party was filed after the Motion to Dismiss, declared San Pedro
filing it expects to prove, but it is not evidence. Cineplex in default.
As Ariosto SANTOS himself, in open Court, had On appeal, the CA ruled that RTC erred in declaring San
repudiated the defenses he had raised in his Answer and Pedro Cineplex in default for failure to file an Answer
against his own interest, his testimony is deserving of within the reglementary period.
weight and credence.
___________________________________________________ ISSUE: W/N the Answer of San Pedro Cineplex should
be admitted despite being filed beyond the
SAN PEDRO CINEPLEX v. HEIRS OF ENAÑO reglementary period
DOCTRINE: An Answer should be admitted when it is HELD: YES. In the case, it is inconsequential that the
filed before a declaration of default and no prejudice is RTC declared San Pedro Cineplex to be in default on the
caused to the plaintiff. An Answer filed beyond the same day that it filed its Answer. The RTC slept on acting
reglementary period but before declaration of default upon the Motion to Dismiss that San Pedro filed as well
and no showing of intent to delay the case should be as the Motion to Declare the same in Default filed by the
admitted. Heirs. It was only when San Pedro filed its Motion to
Withdraw Motion to Dismiss and Admit Answer that it
The heirs of Enaño filed a complaint for quieting of title acted upon the separate Motions filed by the parties. The
with damages with the RTC of San Pedro, Laguna. San SC held that the same is procedurally unsound.
Pedro Cineplex filed a Motion to Dismiss on the ground __________________________________________________
of lack of jurisdiction due to improper service of
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ATTY. DEMETRIO C. CUSTODIO, JR.
OTERO v. TAN The CA denied the Petition for Review filed by Otero
saying that any defense which Otero may have against
DOCTRINE: A party who is declared in default for not Tan is already deemed waived due to his failure to file an
filing an Answer is not without any remedies as he may Answer.
still appeal from the judgment rendered against him as
contrary to evidence or to the law. ISSUE: W/N Otero may still raise on appeal any
defense despite him being declared in default by the
Roberto Otero purchased on credit petroleum products lower court
from Roger Tan and he was unable to pay the same after
several verbal demands. Tan filed a case for collection of HELD: YES. The rule is a defendant who fails to file an
sum of money with damages with the MTCC. Otero Answer loses his standing in court. The consequences of
failed to file his Answer within the prescribed period so an order of default are the following: loses his right to
Tan filed a motion to declare the former in default. Otero present evidence, control the proceedings, and examine
opposed to motion by saying that he was unable to or cross-examine witnesses. He also has no right to
receive a copy of the summons and complaint. The expect his pleadings to be acted upon by the court nor
MTCC declared Otero in default after his failure to may be object to or refute evidence or motions filed
appear during the motion hearing. against him.
The MTCC ruled in favor of Tan and the RTC affirmed However, a defendant who has been declared in default
the same, with the latter saying that Otero did not deny may nevertheless appeal from the judgment by default,
that his wife received a copy of the summons along with albeit on limited grounds. These are: failure of plaintiff to
the Complaint. Likewise, he was also given a copy of the prove material allegations; decision is contrary to law; or
Motion to Declare him in Default but instead of filing an amount of judgment is excessive or different in kind from
Answer or any pleading to set aside the order of default, that prayed for. In such cases, the appellate tribunal
he filed a Comment to the Motio. To Declare Defendant should only rely on the pieces of evidence presented by
in Default. the plaintiff during the ex parte presentation of evidence.
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A defendant who has been declared in default cannot
raise any other ground in his appeal from the judgment
of default; otherwise, he would then be allowed to
present evidence in his defense, which right he had lost
after he was declared in default.
Contrary to the CA’s stand, Otero has not waived any
and all defenses which he may have against Tan’s claim
because he was declared in default. Even if he was
declared in default, the rules nevertheless see to it that
any judgment against him must be in accordance with
the evidence required by law.
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