Parts of A Pleading

Parts of a pleading
-same ang requirements ng pleadings, magkaiba lang sa prayer at body
 Concepts
o What is a pleading?
written statements of the respective claims and defenses of the parties

submitted to the court for appropriate judgment (R6, S1)
o What are the requisites

1. Written statement
a. Contains parties claims and defenses
2. Submitted to the court
a. For appropriate judgement
o What do we mean when we say “requirements of a pleading”
Because these are indispensable parts in every pleading, if not complied with it
will be tagged as a defective pleading
o What are the two general requirements of a pleading?

1. Formal
a. Caption
i. Name of the court
 Signifies jurisdiction and the venue of the action
 J- It is the power of the court to try and hear a case as
well as the execution of the case
 V- It is the geographical location where the court sits
 V is shown by the branch of the court.
 What are the laws to follow in writing the name of the
court
a. BP 129
b. RA 7691
c. Other laws
 Personal vs. Real action
If real actions;
Where property situated; or

Where portion situated
If personal actions, at the election of the

plaintiff;
Where plaintiff or any principal plaintiff resides; or
Where defendant or any principal defendant resides;
or
In case of a non-resident defendant, where he may
be found
ii. Title of the action*
 Name of the Parties
 And their Respective participation
 How do we designate parties in different kinds of
actions
a. Civil- plaintiff/defendant
b. Criminal
i. If PI- complainant and respondent
ii. Info is filed in court- plaintiff vs. accused
c. Special proceedings/LRC/Other special rules
i. Petitioner vs respondent
d. Appeal
i. Appellant vs Appealle
iii. Docket number, if assigned
b. Body
i. What are the contents of the body (R7, S2,S6)
 Designation of parties
 Allegations
 Reliefs/s/Prayers
 Date
 In addition to those mandated by R7S2
c. Signature/date/address
i. Unsigned pleading- produces no legal effect
ii. Who are required to sign the pleadings?
 Either the party or the counsel
iii. What are the warranties of the signature
(1) It is not being presented for any improper purpose, such as to harass, cause
unnecessary delay, or needlessly increase the cost of litigation;
(2) The claims, defenses, and other legal contentions are warranted by existing
law or jurisprudence, or by a non-frivolous argument for extending, modifying, or
reversing existing jurisprudence;
(3) The factual contentions have evidentiary support or, if specifically so

identified, will likely have evidentiary support after availment of the modes of
discovery under these [R]ules; and
(4) The denials of factual contentions are warranted on the evidence or, if
specifically so identified, are reasonably based on belief or a lack of information.
d. Verification*
Except when otherwise specifically required by law or rule, pleadings need not be
under oath or verified. A pleading is verified by an affidavit of an affiant duly
authorized to sign said verification. The authorization of the affiant to act on
behalf of a party, whether in the form of a secretary’s certificate or a special
power of attorney, should be attached to the pleading, and shall allege the
following attestations:
(a) The allegations in the pleading are true and correct based on his or her
personal knowledge, or based on authentic documents;
(b) The pleading is not filed to harass, cause unnecessary delay, or needlessly
increase the cost of litigation; and
(c) The factual allegations therein have evidentiary support or, if specifically so
identified, will likewise have evidentiary support after a reasonable opportunity
for discovery.
The signature of the affiant shall further serve as a certification of the

truthfulness of the allegations in the pleading. A pleading required to be verified
that 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.
 GR: No need to verify the pleadings

 EXN: Provided by law
 EXN to the EXN: In case of doubt, verify it
e. CAFS*
i. Ano ang laman ng CAFS
Section 5. Certification 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 [or she] has not theretofore 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 [or her] 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 [or she] should
thereafter learn that the same or similar action or claim has been filed or is
pending, he [or she] shall report that fact within five (5) calendar days therefrom
to the court wherein his [or her] aforesaid complaint or initiatory pleading has
been filed. The authorization of the affiant to act on behalf of a party, whether in
the form of a secretary’s certificate or a special power of attorney, should be
attached to the pleading.
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 submission of a false certification or non-
compliance with any of the undertakings therein shall constitute indirect
contempt of court, without prejudice to the corresponding administrative and
criminal actions. If the acts of the party or his [or her] counsel clearly constitute
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. (5a)
*- not all pleadings are not necessary with pleadings

Make sure that you know the pleadings that needs *
 What pleadings that needs to be verified
o Initiatory pleading-
o Writs and Petitions (basta Latin dapat may verification)
o Statement of claims under the small claims
o Summary procedure
2. Other requirements
a. Integrated Bar of the Philippines (IBP) No.

i. Changes unless you’re a lifetime member
b. Roll No.
c. Mandatory Continuing Legal Education (MCLE) No.
i. Under bar matter 850
ii. Required to 36 units
d. Professional Tax Receipt (PTR) No.
i. Where do get this? Place where you intend to practice your
profession no
ii. Varies yearly
iii. 300 pesos
iv. Gov employees are exempted
e. Other competent evidence of identity
i. Required only if the document is needed to be notarized
ii. under the 2004
iii. IDs issued by the government
Take note of the
A borrowed to b 1 M for the purpose is exoansion of busi
A- Makati
B- Manila
Dec1- loan
Dec 1 2019- B went to A’s office, evidenced by deed of loan , evidenced by
PN 1234
Under deed of loan 5 monthly inst 2% per annum STip 5
Dec 5, the collection agent of a said that Boss, starting Jan5 2020 wala na
binayad
A- Agent gawa ka demand letter, 15 days upon receipt
Inutusan si D to serve the demand letter sa residence sa Makati
Personally received by B
Cause of Action: non payment of debt

Action- complaint of sum of money
What court- RTC
Venue- Manila or Makati, at A’s election
Personal action bec personal liability of the individual
Republic of the Philippines
National Capital Judicial Region
(paghindi alam ________ judicial region)
Regional Trial Court
Manila, Branch ______
MR A, Civil case Number

Plaintiff, For: Collection of Sum of Money
-versus-
Mr. B,
Defendant.
x----------------------------x <-separator- to separate the head from the
body
COMPLAINT
Plaintiff, through counsel, respectfully states: (prefatory statement)
The second sentence is required if

plaintiff has a lawyer
-based on the facts of the case is the allegation enough to establish the cause of
action STOP
One though per paragraph
Everytime you mention a document.

Make sure to mention the
attachment or copies of the
MOTIONS
In asking in a relief in a motion must be in writing except
Requirements
Ex: postponement, strike out a testimony of a witness

Take note of the
A borrowed to b 1 M for the purpose is exoansion of busi
C- Makati
D- Manila
Dec1- loan
Dec 1 2019- B went to A’s office, evidenced by deed of loan , evidenced by
PN 1234
Under deed of loan 5 monthly inst 2% per annum STip 5
Dec 5, the collection agent of a said that Boss, starting Jan5 2020 wala na
binayad
B- Agent gawa ka demand letter, 15 days upon receipt
Inutusan si D to serve the demand letter sa residence sa Makati
Personally received by B
Cause of Action: non payment of debt

Action- complaint of sum of money
What court- RTC
Venue- Manila or Makati, at A’s election
Personal action bec personal liability of the individual
Until today no answer was file
-motion to declare the plaintiff in default
Same caption with pleadings

Pleadings
subsequent to the initiatory pleading, the designation of the parties need not
appear in such

Parts of A Pleading

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What are the general requirements of a pleading?

What are the general requirements of a pleading?

What are the contents of the body of a pleading?

What are the contents of the body of a pleading?

Parts of a pleading

-same ang requirements ng pleadings, magkaiba lang sa prayer at body

written statements of the respective claims and defenses of the parties

o What are the requisites

o What do we mean when we say “requirements of a pleading”

o What are the two general requirements of a pleading?

Where property situated; or

If personal actions, at the election of the

(3) The factual contentions have evidentiary support or, if specifically so

The signature of the affiant shall further serve as a certification of the

 GR: No need to verify the pleadings

Section 5. Certification against forum shopping. – The plaintiff or principal party

*- not all pleadings are not necessary with pleadings

a. Integrated Bar of the Philippines (IBP) No.

Cause of Action: non payment of debt

MR A, Civil case Number

Plaintiff, through counsel, respectfully states: (prefatory statement)

The second sentence is required if

One though per paragraph

Everytime you mention a document.

In asking in a relief in a motion must be in writing except

Ex: postponement, strike out a testimony of a witness

Cause of Action: non payment of debt

Until today no answer was file

-motion to declare the plaintiff in default

Same caption with pleadings

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