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Pleadings - Bills TSS

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  • 8/3/2019 Pleadings - Bills TSS



    What must be in the complaint?o Claims a cause of actiono Must contain allegations brief and concise

    statement of ultimate facts, devoid of evidentiary


    You can also allege as to fraud, mistake,malice, illegality, condition of the mind, etc.

    As to matters of fraud, how must it be alleged?o With particularity

    As for mistake, how must it be alleged?o With particularity

    If its a condition of the mind (malice, intent,knowledge, etc.)?

    o Generally You can also base your claim on an actionable

    document. How to do you allege it?

    o 1. You can attach or append the document To show the court that this is where your

    cause of action arises

    o 2. You can reproduce the contents of thedocument in the pleading en toto

    (But in practice, just always append anyway) How do you deny an allegation under an

    actionable document?

    o Specifically denied, under oatho

    What is the exception to when you need tospecifically deny under oath an allegation

    from actionable document?

    1) When the adverse party is not a party tothe instrument

    2) When there is an order for inspection andit is refused

    What is the effect of failure to specifically denyunder oath an actionable document?

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    o It is an admission ONLY as to the genuineness anddue execution of the actionable document

    But what about the rights and obligations of theparties arising from that document?

    o It is up to the court to determine it. What is the period to file an answer?

    o 15 days after service of summonso Could it be 30 days after receipt of


    For foreign corporation andservice is done togovernment official designated by law

    What are the defenses available in answer?o 1) Affirmative defense

    If you only hypothetically admit, withoutraising any defense, what happens?

    In this case, there is no more issue.This will lead to a judgment on the

    pleadings (Rule 34)

    This occurs when the answer does nottender an issue or admits the material


    o 2) Negative defense Specific denial of facts alleged essential to

    the cause of action.

    What are the kinds of specific denial? 1) general denial 2) specific denial 3) disavowal of knowledge (lack of

    knowledge and belief to form a specific


    Is the counterclaim or cross-claim in a separatepleading?

    o No.

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    What is a compulsory counterclaim?o Arises out of the transaction constituting subject

    matter of the action

    What is a permissive counterclaim?o Arising from an event unrelated.

    What is the period to answer a counterclaim?o 10 dayso (In practice, you only answer a permissive

    counterclaim. In practice, a compulsory

    counterclaim is not answered.)

    What is a cross claim?o Made against a person/party on the same side.

    Can there be a counterclaim defendant crossclaim?

    o Yes. The counterclaim defendant is the originalplaintiff. He can file a cross claim against a co-


    Is there a period to answer a cross claim?o 10 days

    Do you need leave of court to file a counter orcross claim?

    o No, whether it be a permissive/compulsorycounterclaim or a cross claim, no.

    For a third party complaint, do you need leave ofcourt?

    o Yes. You cannot just file a third party complaint.o Who is usually the third party plaintiff?

    The defendant in the main case, who feelsthat he should file a complaint against

    someone that court has yet to acquire

    jurisdiction from.

    This is the reason why there is need for leaveof court. You need to have the third party


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    Why would you want a third partycomplaint?

    To contribute or indemnifyo Classic case: car crash a hit b hit

    c. C sued B. B sued A for


    Subrogation Any other similar ground

    o What is the period to answer a third partycomplaint?

    15 days, because it is treated as an entirelynew complaint

    Is the reply a mandatory pleading?o No.

    What is the period to file a reply?o 10 days.

    What do you do in a reply?o To controvert the new matters raised in the


    What is the effect of failure to file a reply?o All new matters stated in the answer are deemed


    o What is the reason for this? [Didnt answer]

    What happens after answer, etc?o Pre-trial

    Three important things:o Signature, verification, and CNFS

    What is the effect of a lawyer affixing hissignature in a pleading?

    o Indicates that he has read the pleading, and to thebest of his knowledge, the information is correct

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    o And that the filing of the same is not for thepurposes of delay

    There are some pleadings that are left unsigned.What happens?

    o It has no legal effect at all.o Is there a way to cure it?

    If counsel can show it is due to mereinadvertence and not for delay

    o Will the court just give effect to the pleadingor will it still require actual signing?

    [Didnt answer] If a lawyer changes his address, what is his duty?

    o Inform the court. Failure to do so may lead todisciplinary action.

    What are the contents of the verification?o That the affiant has read the pleading and the

    allegations are true.

    Must it be under oath?o Yes.

    Is it mandatory?o No. Only when the law requires you to verify.

    Is it jurisdictional?o No. Failure to attach is not fatal.o But why do the SC and CA dismiss cases for

    failure to attach verification?

    Although it can be cured, the court maydismiss a pleading for failure to comply with

    procedural requirements.

    Who signs the verification?o The party filing the pleading.

    Can the lawyer sign it?o General rule, no. Unless there is some compelling


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    o For example, the partys father is to be buried onthe day of filing of the petition the court allowed


    o Also, the distance of the petition from the counsel(ex. the petitioner is in the USA and the counsel is

    in Manila, and there are only 15 days to file.)

    Can a minor sign?o Must be assisted.

    Can a married person sign by himself or herself?o One spouse is enough, but only if there is common

    interest. (N.B. but see note below)

    For co-owners or those in the same residence?o Signature of one is enough if there is common

    interest. (N.B. but see note below)

    TAKE NOTE: The key when it comes to multipleparties, all of them have to sign. However, if there is a

    common interest among the parties, a signature of a

    number of them may be enough.

    o BUT in practice, do not take chances. CNFS: What about a juridical entity? Who can


    o [Anyone, as long as authorized by a boardresolution]

    What are the contents of the form?o Plaintiff/principal party shall certify under oath

    that he has not filed a similar complaint involving

    the same issues in another court, tribunal, QJagency

    o If there is any other pending claim, provide statuso If he learns about similar action, report fact within

    5 days to the court

    Why does the law require that it is the party thatsigns?

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    o Because it is only the party, and not even thelawyer, that knows whether there is another


    For those with no separate juridical existence,who signs?

    o All the parties, since there is no juridicalpersonality.

    What is the effect of absence of CNFS? (Note: non-compliance is different from absence)

    o It will be dismissed. It can be re-filed because it iswithout prejudice.

    Can it be amended to cure?o No, the defect cannot be cured by an amendment.

    Just re-file.

    What is the effect of non-compliance? (Note: thisoccurs when there is a CNFS, but you did not respect

    your commitment under the CNFS)

    o Indirect contempt (Failure to comply with order orprocess of court)

    o Administrative and criminal cases (since you liedunder oath)

    o Dismissal of the case What if there is willful and deliberate forum


    o (Meaning, its not only false, but you alsodeliberately disregard it)

    o Dismiss the case with prejudice What kind of dismissal?

    Summary dismissal cannot contesto Placed in direct contempt without opportunity

    BPI v. CAo There was a CNFS filed in the first place. What

    was not attached was the board resolution

    showing the authority of the Vice President to sign

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    the CNFS on behalf of the company. This

    authorization was submitted on the MR.

    o NOTE: There was a valid CNFS. There was liberalinterpretation of this provision for these reasons.

    Donatoo Here, the lawyer signed the verification, not the

    party. This was validly excused by the court since

    the party was in the US, and could not sign the

    pleading in time given the 15 day period. There

    was physical impossibility.

    o BUT as a general rule, the lawyer cannot sign. Young v. Seng

    o There was no forum shopping, because the firstcase was dismissed due to lack of cause of action.

    When a case is dismissed because of that, it is

    without prejudice, and that party can file the same

    case again.

    o Failure to disclose this fact is not a violation of theCNFS.

    OSM Shippingo Requires a duplicate original or CTC for the

    decision being appealed (here, NLRC decision) and

    not the prior one (Labor Arbiter in this case)

    Tan v. Kaakbayo No need for a CNFS for a compulsory counterclaim

    New Sampaguitao There was no forum shopping here, because thefirst case questioned whether there can be a writ

    of execution when the parties agreed to

    compromise in the first place, when the court

    dismissed the initial case. The second case was

    whether the court approved the compromise

    agreement in the first place. These are different.

    Solaro Is the rule on personal service mandatory?

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    Yes. The rule is priority is by personalservice. If you cannot do it by personal

    service, you can do it by registered mail, but

    you have to make an explanation.

    o In this case, it was made by registered mail andthere was no explanation. For this reason, the

    decision of the court to allow it was based on its

    reasonable discretion. BUT this is not the rule.

    Musao What are the material dates here?

    Period only commences to run from date ofreceipt of the decision

    Date of filing of the MR Date of receipt of denial of the MR

    Amendments and supplements There is amendment for civil cases and there is

    amendment for criminal cases.

    For civil cases, amendment may either be:o 1) As a matter of righto 2) With leave of court

    When is it a matter right?o Before an answer or within 10 days of service of


    o What do you need to file? NOTICE to amend

    When do you need leave of court?o After an answer has been madeo What do you need to file?

    Motion to amend For criminal cases, the reference point is not an

    answer. Instead, it is plea.

    Before plea, can you amend?o Yes, whether as to matter of form or substance

    After plea, can you still amend?

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    o Yes, but only as to matters of form, for as long asit will not prejudice the rights of the accused

    Dont forget that last bit!o What is the test when it will prejudice the

    rights ofthe accused, even if its a matter of


    If the original defense of the accused will notchange.

    What is amendment to conform to evidence?o This is section 5 of Rule 10o Allegations are found in the body of the

    complaint/answer. What is alleged must beproven.

    o If the evidence you presented went beyond theallegations, you may file a motion to amend the

    pleading to conform to evidence

    There are two kinds of amendments to conform toevidence. What are these?

    o First kind no objection on the part of the otherparty. For this reason, it will be allowed even

    after judgment.

    o Second kind if the other party objects, theamendment is left to the sound discretion of the


    Can you amend a complaint when it originally hasno cause of action?

    o If in the first place there is no cause of action, noamendment will cure such an absence.o Can the court order an amendment even if

    there is no application to amend?

    1. Yes, if it is a mere formal (typo)amendment

    2. For bill of particulars, the court can eitherorder compliance OR an amendment

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    3. Motion to dismiss the court can eithergrant, deny, or order an amendment

    There was an amendment of an originalcomplaint, which was the basis for the issuance

    of summons. If the original complaint is

    amended and that is granted by the court, is there

    a need for issuance of new summons?

    o No, if you already lawfully obtained jurisdictionover the defendant through summons or voluntary


    o It is a question of jurisdiction over the person, nota question of amendment.

    o HOWEVER, if there are additional defendants, newsummons must be served to them.

    What is a supplemental pleading?o A pleading filed in addition to a prior one that has

    been filed, pursuant to new transactions,

    occurrences, or events that have arisen.

    o Can there be a supplemental complaint? Yes

    o Can there be a supplemental answer? Yes

    o Can there be a supplemental reply? Yes

    o Can there be a supplemental petition? Yes

    So what is the general rule?o You can file a supplemental pleading as long as

    there are new transactions, occurrences, or events

    that occur after the filing of the first pleading.

    o What is the exception? Usually you cannot do this to the Supreme

    Court, because you cannot file something to

    it unless it asked for it. You would be asked

    to explain why you are submitting such.

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    What is the difference between amendments andsupplements?

    o Amendments pertain to events, transactions, oroccurrences that exist during the filing of the

    original pleading, but were not placed in the

    pleading. There was just an omission.

    May be filed without leave of court (beforeresponsive pleading)

    o For supplements, the events, transactions, oroccurrence only arose after the filing of the

    original pleading.

    Always with leave of courtDefault

    N.B. 1: What is the rule on objections?o General rule: all objections on grounds not raised

    in an answer or motion to dismiss are deemed


    o What are the exceptions? 1. Lack of jurisdiction over SM 2. Res judicata 3. Litis pendentia 4. Prescription

    o What is the fifth exception provided byjurisprudence?

    5. Lack or absence of cause of action This is different from Rule 16 (that the

    pleading states no cause of action) N.B. 2: What is the rule on failure to allege a


    o Any compulsory counterclaim or cross claim notset-up: barred forever

    o In special proceedings a claim against theestate must be made in the period provided

    for in the notice. Otherwise it will be forever

    barred. What is the exception?

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    If there was a suit started by the estateagainst you, the claim can be raised as a


    N.B. 3: How many kinds of default do we have?o 1. In actions in rem, there is a general order of


    There are no defendants, so notice is madeto the public that all oppositors have to come

    forward and object. Otherwise, forever


    o 2. Failure to attend during pre-trial Called as in default in the 1964 Rules of


    If the defendant fails to attend, the plaintiffcan present evidence ex parte

    When do you know when a party is in default?o 1. Did not file responsive pleadingo 2. There is proof of such failure

    You have to show the return How can you set aside an order of default?

    oo 1) File a motion on any of these grounds:

    1. Fraud (extrinsic fraud) 2. Accident 3. Mistake 4. Excusable negligence

    o 2) It has to be under oatho 3) State that you have a meritorious defense,

    without necessarily giving an answer

    o What kind of fraud is needed? Extrinsic fraud.

    o Is the fraud needed here the same fraudneeded for motion for new trial, petition for

    relief from judgment, and motion for

    annulment of judgment?

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    YES. For all of these, you need extrinsicfraud.

    How do you set aside an order of as in default[or allowance for plaintiff to present evidence ex

    parte for the plaintiff]?

    o Saguid: Remedy is to file an MR or relief fromorder of default also on the ground of FAME

    o Do you have to add that you have ameritorious defense?

    No need since there is already an Answer. Can there be partial default?

    o Yes.o In a case where you file a case against A, B,

    C, D, and E. E did not file an answer, while A

    to D did. Will A to D be allowed to present


    Yes.o Will E be allowed to present evidence?

    No. He is in default.o Can A to Ds evidence be used against E or in

    favor of E?

    Yes. In fact, E can still win the case alongwith the others.

    Can the court render a judgment after an order ofdefault, without presentation of evidence ex


    o Yes. This is a new provision introduced only in the1997 Rules of Civil Procedure.o This has not been asked in the Bar examination

    yet. So be careful.

    Where can there be no order of default?o 1. Nullification/annulment/legal separationo Can there be default in Summary Procedure?

    No. When there is failure to file answer,there can be judgment rendered by court.

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    o 2. Certiorari, Prohibition, etc. Some SCAsrequire a comment, so there can be no declaration

    of default

    Are there SCAs where there can bedeclaration of default?

    Yes, like interpleader where the specialrules are deficient so there is suppletory

    application of the ROC

    Cerezo v. Tuazon:o Order of default failure to submit an answer, so

    the defendant is declared in default

    o Judgment by default after the defendant is givennotice of the court processes, the court renders a

    decision without hearing defendants defense,

    which he lost

    o Remedy for an order of default? Motion to set aside or lift an order of default

    based on FAME (under oath, and you have to

    show you have a good defense)

    SSS v. Chavez: This must be accompaniedby a verification (under oath), affidavit of

    merit (that you have a good defense), and

    notice of hearing. If this is missing, the

    motion is lost.

    o Remedy for a judgment by default? MNT (FAME) within period for filing an

    appeal After the reglementary period (i.e. when

    there is entry of judgment) Petition for

    relief from judgment: 6 months from entry of

    judgment AND within 60 days from


    If there is GADALEJ, Rule 65 certiorari Remington Steel:

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    o When there are multiple defendants, even if onehas already answered, you may amend the

    complaint as a matter of right as to the other

    since there is no defense yet that would be

    affected or altered by the amendment.

    Philippine Export and Foreign Loans:o When it is a dismissal without prejudice, appeal is

    not a remedy. Your remedy is to re-file a case or

    file for a petition for certiorari.

    o Amendment to conform to evidence What if itwas not allowed, but the evidence was

    proven, can there be a valid judgment basedon that evidence?

    Yes. It is valid, even if it is not consistentwith what was alleged.

    Bill of particular

    Can there be Bill of Particulars in criminal cases?o Yes. Rule 116, Sec. 9.

    Only four things to remember in BOP:o 1. What is the definition of BOP?o 2. What is the period to file a BOP?o 3. What is the action taken by the court in BOP?o 4. What is the consequence of failure to comply

    with order to file a BOP?

    When you file for a BOP, what do you want toachieve?

    o A more definite statement of facts that appear inthe complaint that are not averred with sufficient


    o You are to identify the defects and the detailsdesired.

    Can you file a motion for BOP after an answer hasbeen filed?

    o No more, because issues have already beenjoined.

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    What is the effect of filing a motion for BOP onthe period?

    o The period is interrupted upon filing, but youalways have at least five days to file the answer


    Deadline to file an answer is December 15. Youfiled a motion on December 5. How many days do

    you have?

    o TWELVE, not eleven. You dont count the daycausing the interruption. [VERY IMPT]

    o This is the same way you count a motion todismiss.

    [Same facts] If you filed a motion for bill ofparticulars on December 14, the motion is

    interrupted. How many days do you have?

    o You still have Five days. What action can the court take on a BOP if you

    fail to comply?

    o 1. Motion to strike outo 2. The case can be dismissed (Virata v. SB)

    Rule 17, Sec 3: non-compliance with court order

    What if the person fails to file an answer in thetime left?

    o Will be declared in defaultService and summonsFiling

    What are the modes of filing?o 1. Personalo 2. Registered mail

    Can there be filing by ordinary mail?o None. Because here there is no way the court can

    find out when you filed it.

    o But there can be service by ordinary mail. What are the requirements for personal and

    registered mail?

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    o PERSONAL: Stamped, dated, and signed by theclerk of court.

    o REGISTERED MAIL: Pay for registry receipt andyou have to accomplish a return card

    What is the proof that you personally filed?o Primary: if the pleading is found in the records of

    the court.

    o If it does not appear, you can present the receivedcopy

    What is your proof of registered mail filing?o Registry receipto Affidavit of the person mailingo Return card

    Service What are the modes of service?

    o 1. Personalo 2. Registered mailo 3. Ordinary mail

    What does rule 14 cover?o 1. Covers party serving to another party,o 2. party serving to court,o 3. and the court itself serving notices (section 9)

    If the person to whom you are serving is notavailable, then how do you file substituted


    o Delivery to the clerk of court with proof of failureof both personal service and service by mail.

    o There should be proof of both failure of personalservice and service by mail.

    o [This is different from substituted service ofsummons]

    How do you prove service by ordinary mail?o Affidavit

    What is completeness of personal service?o Actual delivery

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    What is completeness of registered mail?o Actual receipt or 5 days after notice of postmastero whichever comes first

    What about ordinary mail?o 10 days after mailing

    What are the proofs of personal service?o Written acknowledgemento Affidavit of the person servingo Official return of server

    This refers to service by the court What are the proofs of registered mail?

    o Registry receipto Return card

    What are the proofs of ordinary mail?o Affidavit of person serving

    What if I used registered mail, but I got back thereturn card ALONG WITH the document itself

    (showing it is unclaimed). What do you do to

    prove delivery?

    o You have to file the return card plus the unclaimeddocument, plus before you file, secure a

    certification from the post office.

    Take note that a return card is required by law to befiled, but in practice, we do not.

    What is the priority of service?o Personal service is always preferredo What is the effect of filing by registeredmail?

    Put an explanation why you did not serve itthrough personal service

    o What if you dont comply? As if the pleading was not filed.

    Service of pleadings should be made to whom?o To the counsel, if the party is represented by


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    What if service was made to a security guard onthe ground floor of a condominium building and

    your office is on the 3oth floor?

    o You cannot. You have to serve it to counsel. What is Lis Pendens?

    o In an action involving right, title, or interest over aproperty, you annotate it on the title of the


    I file a case in the bureau of lands to declare nulland void a title. Can this be subject to a notice of

    Lis Pendens?

    o No. This is a quasi-judicial action. Notice of lispendens only applies to judicial cases, not quasi-

    judicial. (Heir of Lopez)

    Atlantic Erectors: You can only apply for Lis Pendensif the property is the subject of the action.

    o Can you put a notice of lis pendens in apartition case?

    Yes. Do you need court approval to effect a notice of

    Lis Pendens?

    o Not at all. Just send a memorandum to the ROD,even without court involvement.

    When do you need court approval?o When you intend to cancel the notice.o Grounds:

    1) purpose is to molest other party 2) no need for the notice to protect the rights

    of the parties who caused it

    Payongayong:o Priority of service is ALWAYS personal. If you

    cannot do it personally, you give an explanation

    o Same as filing priority is personal. Otherwise,you give an explanation.

    United Pulp:

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    o Hypothetical There is a principal who is outof the Philippines, and he designates X as his

    attorney-in-fact. Can X sign the certification

    against non-forum shopping?

    In general, he cannot. But in this specialcase, he can, because the principal is out of

    the country.

    o What is the test? Mere representation is not enough. There

    must be a specific authorization and clear

    authority given in the SPA that he can sign

    the CNFS.


    Can personal service and substituted service worksimultaneously?

    o No. Personal service first, and this is the priority.You cannot have these simultaneously.

    Where?o WHEREVER HE IS FOUND. Always remember theJames Yap rule.

    What are the requirements for substitutedservice? Under what circumstances?

    o Only if personal service is IMPOSSIBLE.o Proof of this: defendant cannot be served

    summons after all efforts have been exhausted.

    Is there a set of standards given by lawon how many times you have to try toserve?

    A case says that it must be at leastthree times on two different days.

    o There has to be an explanation.o Where will the explanation appear?

    In the sheriffs return Summons must be served within reasonable time.

    What do you mean by this?

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    o For the sheriff, 15-30 days according tojurisprudence. After the 30th day, the court will

    require the sheriff to submit the return.

    o Why is this important? If you file a complaint and you dont see to it

    that the summons is served, your complaint

    can be dismissed for failure to prosecute.

    What is alias summons?o If the original summons has been lost or the

    original summons was returned to court,


    o Then you can apply for alias summons. When do you talk about suitable age or

    discretion, to what kind of substituted service

    does this apply?

    o To service at the residence. When you talk about suitable age or discretion for

    substituted service, what do you mean?

    o There is nothing in the law that says there mustbe age of majority but from Manotocto Pascual,

    there is consistent jurisprudence that it must be

    age of majority.

    Who must it be? Could it be a house helper?o She or he must reside therein. This must concur

    with suitable age or discretion. So these are two


    o A visitor or a transient cannot receive summons.But a house helper can. For offices, to whom must it be served?

    o To a a) competent person b) in charge.o Can a middle manager the same rank as Mr.

    X receive summons for Mr. X?

    He must be in charge of receiving summonsin the office.

    o What does in charge mean?

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    In charge of the office. President ormanager.

    For corporations, what is the special rule?o President, General Manager, Managing Partner,

    Corporate Secretary, Corporate Treasurer, In-

    house Counsel

    o Memorize this. It is a closed list. But for personal cases of an individual, will the

    office receive it for you?

    Can substituted service be served on non-residents?

    o No. None as a general rule. You cannot dosubstituted service to a non-resident.

    o [Sec. 15 does not talk about this situation. Sec.15 talks about non-resident and cannot be found.]

    o Is there an exception? Yes, but its very narrow. But there must a

    a) resident spouse b) who was previously

    appointed as attorney-in-fact.

    In Secs. 14, 15, and 16: how can summons bedone?

    o By publication. Distinguish.

    o Section 14: Defendant is unknown or hiswhereabouts are unknown.

    How do you do this? Just publish.

    Do you even have to try personalservice?

    No need for personal service (since youdont know him or where he is).

    In what kind of case? Whatever kind of action, whether in rem

    or in personam you can do it by

    publication, as clarified by the SC.

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    Not just in rem or quasi in remanymore.

    How does publication in 14 differ from15 and 16?

    In 14, ONLY publication is needed. Itdoes not require service by registered

    mail in the last known address.

    o Section 15: Extra-territorial service Against who?

    Against a defendant that does not residein the Philippines and is not found in the

    Philippines. In what subject matter?

    1. Involving personal status of thedefendant

    2. Property of non-resident defendant 3. Property is attached 4. Where defendant has actual or

    contingent interest over property

    What are the modes of service? 1. Personal service outside the


    2. Publication AND service by registeredmail in his last known address

    o N.B. Both must concur. Take noteof this.

    3. Other modes deemed applicable bythe courto Section 16: Temporarily absent

    Can he be a resident of the Philippines? Yes. But hes just temporarily absent.

    What is the length of time needed here? None provided

    How do you do serve summons? Any of those in Sec. 15.

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    Add: Substituted service, if there isimpossibility and there are earnest

    efforts to serve.

    What is the purpose of summons?o So the court can peg a date when it acquired

    jurisdiction over the person.

    What is the proof of service of summons?o Sheriffs return.

    Note the rules on:o Provinceso Prisons

    What is the rule on voluntary appearance?o It is not equivalent to summons, but if there is

    voluntary appearance, summons can be dispensed


    What is the rule on Motions to Dismiss?o If you file a Motion to Dismiss, even if you join

    other grounds other than lack of jurisdiction, you

    are not deemed to have submitted to the

    jurisdiction of the court.

    o Old rule: you have to separate the MTD based onlack of jurisdiction.

    Maximo v. Montalban:o In this case, his residence is known and he is just

    temporarily absent. So substituted service is not


    Samarino v. Ralu:o Here, the sheriff did not prove that facts and

    circumstances that would allow substituted service

    (repeated failure to personally serve, etc.) it

    must be shown in the sheriffs return

    Ancheta:o There are only a few remedies when the judgment

    is already final and executory. Here, the

    petitioner filed a petition to annul the judgment

  • 8/3/2019 Pleadings - Bills TSS


    based on lack of jurisdiction over the person

    (because lack of jurisdiction is used, it can cover

    both lack of jurisdiction over both SM and the


    Gomez v. CA:o Does it mean that if you are talking about an in

    rem action you can venture on trying to serve it


    You can still do personal service, in case youfind him somewhere in the Philippines by


    o Section 14 before limits itself to in rem or quasi inrem. It now extends likewise to actions in