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General Rule Under ROC

The document outlines the different types of pleadings that are allowed and prohibited under the Rules of Court of the Philippines (ROC) for regular and summary procedures. It notes that under criminal procedures, counter claims, cross claims, and third party complaints are not allowed. It also discusses how independent civil actions relating to a criminal case can be instituted, waived, reserved, or filed ahead of the criminal case.

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Peter Allan
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60 views2 pages

General Rule Under ROC

The document outlines the different types of pleadings that are allowed and prohibited under the Rules of Court of the Philippines (ROC) for regular and summary procedures. It notes that under criminal procedures, counter claims, cross claims, and third party complaints are not allowed. It also discusses how independent civil actions relating to a criminal case can be instituted, waived, reserved, or filed ahead of the criminal case.

Uploaded by

Peter Allan
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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General Rule under ROC:

What are pleadings allowed? ( Asked in the 1996 Bar)

1. Complaint
2. Counter claim
3. Cross claim
4. Third Party complaint
5. Complaint in Intervention
6. Answer to a claim asserting on claim
7. Reply to answer

For Summary Procedure (SM)

Allowed Pleadings:

1. Complaint
2. Compulsory counterclaim
3. Cross claim
4. Cross claim pleaded in the answer
5. Answers thereto

Prohibited Pleadings and Motion under Summary Procedure


When it comes to Pleadings under the Criminal Procedure

Question: Is there a counter claim, cross claim or third party complaint in criminal cases?
Ans: No.

Q: Do you need to reserve an independent civil action?


A : No
Independent civil actions: Art. 32, 33, 34 and 2176 of the Civil Code

Once the criminal action is instituted, the civil action is likewise instituted unless,
reserved, waived or filed ahead of the criminal action.

Note:
Waiver: unilateral relinquishment of the civil aspect of the case by the injured party

Reservation: it must be made at any time before the prosecution COMMENCES with the
presentation of evidence. Only after termination of the Criminal case can the civil case
reserved be commenced

Filed Ahead: the civil case will be suspended once the criminal case commences..

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