Introduction to Civil Procedure Handout No.
RULE 4
Venue of Actions
Section 1. Venue of real actions. — Actions affecting title to or possession of real
property, or interest therein, shall be commenced and tried in the proper court
which has jurisdiction over the area wherein the real property involved, or a
portion thereof, is situated.
Forcible entry and detainer actions shall be commenced and tried in the
municipal trial court of the municipality or city wherein the real property
involved, or a portion thereof, is situated. (1[a], 2[a]a)
Section 2. Venue of personal actions. — All other actions may be commenced
and tried where the plaintiff or any of the principal plaintiffs resides, or where
the defendant or any of the principal defendants resides, or in the case of a non-
resident defendant where he may be found, at the election of the plaintiff. (2[b]a)
RULE 6
KINDS OF PLEADINGS
What are pleadings?
Section 1. Pleadings defined. - Pleadings are the written statements of the
respective claims and defenses of the parties submitted to the court for
appropriate judgment.
When is the filing of Reply allowed?
Section 2.
An answer may be responded to by a reply only if the defending party attaches
an actionable document to the answer.
What is a Complaint?
Section 3. Complaint. - The complaint is the pleading alleging the plaintiff’s or
claiming party’s cause or causes of action. The names and residences of the
plaintiff and defendant must be stated in the complaint. (3a)
What is an Answer?
Section 4. Answer. - An answer is a pleading in which a defending party sets
forth his or her defenses.
What are the two types of Defenses?
Section 5. Defenses. - Defenses may either be negative or affirmative.
(a) A negative defense is the specific denial of the material fact or facts alleged in
the pleading of the claimant essential to his or her cause or causes of action.
(b) An affirmative defense is an allegation of a new matter which, while
hypothetically admitting the material allegations in the pleading of the claimant,
would nevertheless prevent or bar recovery by him or her. The affirmative
defenses include fraud, statute of limitations, release, payment, illegality, statute
of frauds, estoppel, former recovery, discharge in bankruptcy, and any other
matter by way of confession and avoidance.
Affirmative defenses may also include grounds for the dismissal of a complaint.
specifically, that the court has no jurisdiction over the subject matter, that there
is another action pending between the same parties for the same cause, or that
the action is barred by a prior judgment.
What is a Counterclaim?
Section 6. Counterclaim. - A counterclaim is any claim which a defending party
may have against an opposing party.
When is a counterclaim compulsory?
Section 7. Compulsory counterclaim. - A compulsory counterclaim is one which,
being cognizable by the regular courts of justice, arises out of or is connected
with the transaction or occurrence constituting the subject matter of the
opposing party’s claim and does not require for its adjudication the presence of
third parties of whom the court cannot acquire jurisdiction. Such a counterclaim
must be within the jurisdiction of the court both as to the amount and the nature
thereof, except that in an original action before the Regional Trial Court, the
counterclaim may be considered compulsory regardless of the amount. A
compulsory counterclaim not raised in the same action is barred, unless
otherwise allowed by these Rules.
What is a Cross-claim?
Section 8. Cross-claim. - A cross-claim is any claim by one party against a co-
party arising out of the transaction or occurrence that is the subject matter
either of the original action or of a counterclaim therein. Such cross-claim
may cover all or part of the original claim. (8a)
What is a counter-counterclaim and counter-cross-claim?
Section 9. Counter-counterclaims and counter-cross-claims. - A counterclaim may
be asserted against an original counter-claimant.
A cross-claim may also be filed against an original cross-claimant. (9)
What is a Reply and when it necessary?
Section 10. Reply. - All new matters alleged in the answer are deemed
controverted. If the plaintiff wishes to interpose any claims arising out of the new
matters so alleged, such claims shall be set forth in an amended or supplemental
complaint. However, the plaintiff may file a reply only if the defending party
attaches an actionable document to his or her answer.
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 in, or relating to, said actionable
document.
In the event of an actionable document attached to the reply, the defendant may
file a rejoinder if the same is based solely on an actionable document. (10a)
Section 11. Third, (fourth, etc.)-party complaint. - A third (fourth, etc.)-party
complaint is a claim that a defending party may, with leave of court, file against
a person not a party to the action, called the third (fourth, etc.)-party defendant,
for contribution, indemnity, subrogation or any other relief, in respect of his or
her opponents claim.
The third (fourth, etc.)-party complaint shall be denied admission, and the
court shall require the defendant to institute a separate action, where: (a) the
third (fourth, etc.)-party defendant cannot be located within thirty (30) calendar
days from the grant of such leave: (b) matters extraneous to the issue in the
principal case are raised: or (c) the effect would be to introduce a new and
separate controversy into the action. (11a)
