LEGAL FORMS HANDOUT 2 2024

LEGAL FORMS HANDOUT #2
Q: What are pleadings?
A: Pleadings are the written statements of the respective claims and defenses submitted to the court for
appropriate judgment. (Sec. 1, Rule 6, RRC)
Q: What is the purpose of a pleading?
A: Its purpose is to define the issues and form the foundation of the proof to be submitted at the trial. It
narrows the case down to a specific issue or issues which will be submitted to the court for trial and
judgment. (Suarez, 2007)
Form of a Pleading
Q: What is a Prayer?
A: This is a part of the pleading which states the relief or reliefs prayed for by the parties.
Note: The relief or reliefs prayed for may be proper or not, but as long as the plaintiff deserves a relief,
the court will grant him the relief to which he is entitled under the facts as proven. (Guidotte v Yeung,
CA-CR No. 6268, July 10, 1951)
Q: What is a certificate of non-forum shopping?
A: It is a certification under oath in the complaint or other initiatory pleading asserting a claim for relief,
or in a sworn certification annexed to such pleading and simultaneously filed therewith, where the party:
a. Certifies that he 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 knowledge, no such other action or
claim is pending.
b. If there is such other pending action or claim, gives a complete statement of the present status thereof
c. Undertakes that 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 therefrom to the court wherein his aforesaid
complaint or initiatory pleading has been filed.
Q: What is the consequence on failure to execute such certification when necessary?
A: Failure to comply shall be cause for dismissal of the case without prejudice, unless otherwise provided,
upon motion and hearing. The foregoing requirements shall not be curable by mere amendment of the
complaint or other initiatory pleading. (Suarez, 2007)
Note: Submission of a false certification or non- compliance with any of the undertakings shall constitute
indirect contempt of court, without prejudice to the corresponding administrative and criminal actions.
Q: Who executes the certification against forum shopping?
A: The plaintiff or principal party
Q: When should the certification be executed?
A: It is executed simultaneously with a complaint or any other initiatory pleading.
Q. What is verification?
A: It is a statement, under oath that the pleading is true. It includes both the actual swearing to the truth of
the statements by the subscriber and also the certification thereto by the notary or other officer authorized
by law to administer oaths. (Pamaran, 2004)
Q: When is verification necessary?
A: Verification is necessary only when the law or rule specifically requires it. Example, under the Rules
of Court, verification is necessary in the following pleadings:
1. Complaint and other initiatory pleadings
2. Answer, if there are actionable documents
3. Petition for review under Rule 42, RRC
4. Appeal from CTA and quasi- judicial agencies to the CA (Rule 43, RRC)
5. Appeal by certiorari under Rule 45, RRC

6. Certiorari, prohibition and mandamus (Rule 65, RRC)
Q: What are the contents of verification?
A: It contains a statement that an affiant has read the pleading, that he has caused the preparation of said
pleading and that the allegations therein are true and correct based on authentic records and of his
personal knowledge.
SAMPLE OF VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING
VERIFICATION AND CERTIFICATION
REPUBLIC OF THE PHILIPPINES )

CITY OF TAGBILARAN ) S.S.
I, JUAN DELA CRUZ, Filipino citizen married, and a resident of J.A. Clarin Street, Dao,
Tagbilaran City, Bohol, Philippines, after having been sworn to in accordance with law, hereby, depose and
say:
1. That I am one of the Petitioner in this Motion for Reconsideration;
2. That I have caused the preparation and filing of the foregoing Motion for Reconsideration and that
all are true and correct to the best of my personal knowledge as well as based on authentic
documents.
3. That this Motion for Reconsideration is not filed to cause unnecessary delay, or needlessly increase
the cost of litigation.
4. The factual allegations therein have evidentiary support after reasonable opportunity for discovery.
5. That I certify that other than the instant Motion for Reconsideration which I have caused to be filed
before this Honorable Office, that I have not commenced any other action or any other similar
petition involving the same issues in the Supreme Court, the Court of Appeals or different divisions
thereof, or any other tribunal or agency and if I shall hereafter know that there is such other action
or proceeding which is pending or has been filed with the Supreme Court, the Court of Appeals or
different divisions thereof, or any other tribunal or agency, I undertake to promptly inform this
Honorable Office thereof within five (5) days therefrom.
IN WITNESS HEREOF, I have hereunto set my hand this 19th day of September 2022 at Tagbilaran
City, Bohol, Philippines.
JUAN DELA CRUZ
Affiant
ID__________________________________________
SUBSCRIBED AND SWORN to before me this 19th day of September 2022 in the City of
Tagbilaran, Philippines by the affiant.
Doc. No.___
Page No.___
Book No.___
Series of 2022

LEGAL FORMS HANDOUT 2 2024

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LEGAL FORMS HANDOUT #2

Q: What are pleadings?

Q: What is the purpose of a pleading?

Q: What is a certificate of non-forum shopping?

Q: What is the consequence on failure to execute such certification when necessary?

Q: Who executes the certification against forum shopping?

A: The plaintiff or principal party

Q: When should the certification be executed?

A: It is executed simultaneously with a complaint or any other initiatory pleading.

Q: When is verification necessary?

1. Complaint and other initiatory pleadings

2. Answer, if there are actionable documents

3. Petition for review under Rule 42, RRC

5. Appeal by certiorari under Rule 45, RRC

Q: What are the contents of verification?

SAMPLE OF VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING

VERIFICATION AND CERTIFICATION

REPUBLIC OF THE PHILIPPINES )

1. That I am one of the Petitioner in this Motion for Reconsideration;

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