1.

Failure to state a cause of action pleadings, allegations of ultimate facts

only
2. Lack of Cause of Action Evidences, Trial
3. In Joining of Actions, alternative cause of action can be joined. No Special civil
actions or special proceedings
4. Non-joinder and misjoinder are not grounds for dismissal. In the former, b/c
joinder is not mandatory, in the latter, the court can just move to separate
the causes of action
5. Even if neither misjoinder nor non-joinder of parties is a ground for dismissal
of the action, the failure to obey the order of the court to drop or add a party
is a ground for the dismissal of the complaint under Sec. 3, Rule 17.
6. In misjoinder or non-joinder of parties, motion to dismiss is not available.
Remedy is to file a motion to add or drop an indispensable party. If motion
was granted but was not complied with, then motion to dismiss is available
for non-compliance with the order of the court.
7. If IP is not impleaded and the court ordered the plaintiff to do so but he
cannot comply, then dismissal for non compliance is a remedy. If it was the
NECESSARY party that was not impleaded, then it is deemed a waiver of the
right against the necessary party except when there was a justification for
the failure to implead, in which case, the right to file a case against the said
party is without prejudice.
8. Name of the principal must be included if the representative was the one who
filed
9. Rule on Indigent. The defendant has until before judgment of the case itself
( not the ex parte petition) can contest this rule
10.Alternative defendants are those who may be joined as such in the
alternative by the plaintiff who is uncertain from whom among them he is
entitled to a relief, regardless of whether or not a right to a relief against one
is inconsistent with that against the other.
11.Class suits pertains only to things and not against acts or omissions or on
pure questions of law. There is also no class suit when the interests of the
parties are conflicting.
12.It is possible to sue another entity without any juridical personality (John
Does)
13.Venue when there is a joinder of personal and real actions? - the venue is the
residence of the plaintiff or where the property involved is situated
14.Venue in criminal case is jurisdictional; Venue in Civil Cases NOT jurisdictional
and can be waived.
15.Improper venue motu propio dismissal is not allowed; there must be a
motion
16.Pleading vs Motion Motion is filed during the course of the Hearing. Pleading
can be used to initiate an action (Initiatory Pleading)
17.Failure to file a reply to answer without any actionable document are deemed
controverted; Failure to file a reply to an answer WITH actionable issues are
deemed admitted except (1) when the responding party is not a party to the
actionable document and (2) when there is an order of the court for
inspection
18.Certificate of Merit after of order of default and FAMEN

19.Denial must be specific. Under Sec. 11 of Rule 8, material allegations, (except

unliquidated damages), not specifically denied are deemed admitted.
20.Docket fees should be paid in case of permissive counterclaims. Compulsary
counterclaims need not pay (NOTE: Theres a pending proposal for the
payment of docket fees for all claims
21.Compulsary counterclaim if not averred in the answer is deemed waived.
Permissive is not because it can be filed on a separate action.
****MIDTERMS***** January 29
1. Principle of Judicial Hierarchy
2. Limitations on the rule making powers of the SC
3. How jurisdiction over the defendant is acquired
4. Cases covered by the barangay conciliation AC 14-93.
5. Failure to state a cause of action vs lack of cause of action
6. Class Suit
7. Indispensable and Necessary Parties
8. Venue
9. Totality Rule
10.How jurisdiction is conferred and determined
a. Exclude CTA in Jurisdiction
b. Correction in the entry of Birth Certificate