1. It does not arise out of is not necessarily connected with the transaction or occurrence that is the subject matter of the opposing party’s claim;
2. It does not require its adjudication the presence of third parties of whom the court cannot acquire jurisdiction; and
3. It must be within the jurisdiction of the court, and is cognizable by the regular courts of justice.
Doctrine of Curative Jurisdiction
Pantham Case: The RTC had no jurisdiction because the amount involved is below its jurisdictional amount. But the defendant filed a counterclaim the amount of which is within the jurisdiction of the RTC. So, the defect in jurisdiction was cured.
Sec. 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 include a claim that the party against whom it is asserted is or may be liable to the cross-claimant for all or part of a claim asserted in the action against the cross-cross-claimant.
Sec. 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.
Sec. 10 REPLY.
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.
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.
Sec. 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 opponent’s claim.
Sec. 12. Bringing new parties.
Sec. 13. Answer to third (fourth, etc.) party complaint.
RULE 7 – PARTS OF A PLEADING Sec. 1. CAPTION.
The caption sets forth the name of the court, the title of the action, and the docket number if assigned.
The TITLE OF THE ACTION indicates he names of the parties. They shall all be named in the original complaint or petition; but in subsequent pleadings, it shall be sufficient if the name of the first party on each side ne stated with an appropriate indication when there are other parties.
Their respective participation in the case shall be indicated.
Names of Parties
Title indicates the names of the parties. They shall all be named in the original complaint or petition. But in subsequent proceedings, it shall be sufficient if the name of the first party is stated and the names of the other parties are stated through an appropriate suffix. Example: Juan dela Cruz, et al.
Instances when the names of the parties must be included:
1. In the complaint;
2. In the caption of the record on appeal.
Inaccurate Names not Fatal
Inaccurate names or designations of the pleadings are not fatal. In fact, even if the decision is already final and executory, the same may be amended.
Clerical or typographical errors, and inaccuracy of names, these are correctible, even for the first time on appeal.
Doctrine of Immutability
Under the doctrine of immutability, once a judgment has become final and executory, it can never be changed for as long as the court has jurisdiction over the subject matter. Not even the Supreme Court can change a decision that has already become final and executory even if the judgment is erroneous.
Exception: Clerical and typographical errors, such as inaccuracy in names.
Conflict between Designation and Body
In case of conflict between the designation and the body, the allegations or statements in the body prevail.
Sec. 2. The body.
The BODY OF THE PLEADING sets forth its designation, the allegations of the party’s claim or defenses, the relief prayed for; and the date of the pleading.
(a) PARAGRAPHS.
(b) HEADINGS (c) RELIEF
(d) DATE- Every pleading shall be dated.
Sec. 3. SIGNATURE and ADDRESS.
Every pleading must be signed by the party or counsel
The signature of counsel constitutes a certificate by him that:
(1) He has read the pleading;
(2) That to the best of his knowledge, information, and belief there is good ground to support it; and
(3) That it is not interposed for delay.
GR: An unsigned pleading produces no legal effect .
Except: the court may, in its discretion, allow such deficiency to be remedied if:
(1) Its shall appear that the same was due to mere inadvertence, and (2) Not intended for delay.
Counsel shall be subject to appropriate disciplinary action. If he:
(1) Deliberately files an unsigned pleading, or (2) Signs a pleading in violation of this Rule, or
(3) Alleges scandalous incident or matter therein or
(4) Fails to promptly report to the court a change of his address.
Sec. 4. VERIFICATION.
Except when otherwise specially required by law or rule, pleadings need not be under oath, verified or accompanied by affidavit.
A pleading is verified by an affidavit that the affiant has read the pleading and that the allegations therein are true and correct of his knowledge and belief.
A pleading required to be verified which contains a verification based on
“information and belief,” or upon “knowledge, information and belief”, or lacks a proper verification, shall be treated as an unsigned pleading.
Remedy of the plaintiff if the pleading which must be verified was not verified
If a pleading must be verified under the Rules and it is not verified, the court will not be justified in dismissing the case for lack of verification. This is because verification is not a jurisdictional defect. It is just a formal defect which can be corrected by an amendment. So the court can just order the party-plaintiff, within a period of 10 days from receipt of the Order, to have the complaint verified.
Sec. 5. CERTIFICTION AGAINST FORUM SHOPPING.
The plaintiff or principal party shall certify under oath in the complaint or other initiatory pleading asserting a claim for relief, or in a sworn certification annexed thereto and simultaneously filed therewith:
(a) That he has not therefore commenced any action or filed any claim involving the same issues in any court, tribunal or quasi-judicial agency and , to the best of his knowledge, no such other action or claim is pending therein;
(b) If there is such other pending action or claim, a complete statement of the present status thereof; and
(c) If he should thereafter learn that the same or similar action or claim has been filed or is pending, he shall report that fact within five (5) days there from to the court whereir, his aforesaid complaint or initiatory pleading has been filed.
Effect of non-compliance: Failure to comply with the foregoing requirements shall not be curable by mere amendment of the complaint or other initiatory pleading but shall be cause for the dismissal of the case without prejudice, unless otherwise provided, upon motion and after hearing. The (1) submission of a false certification or (2) non-compliance with any of the undertakings therein shall constitute indirect contempt of court, without prejudice without prejudice to the corresponding administrative and criminal actions. If the acts of the party or his counsel clearly constitutes willful and deliberate forum shopping, the same shall be ground for summary dismissal with prejudice and shall constitute direct contempt, as well as a cause for administrative sanctions.
FORUM SHOPPING - consist of filing multiple suits in different courts, either simultaneously or successively, involving the same parties, to ask the courts
to rule on the same or related cause and/or to grant the same or substantially the same reliefs.
TEST IN DETERMINING FORUM SHOPPING