PLEADINGS AND MOTIONS

Nature of Pleadings

- Formal statements by the parties of the operative facts which constitute their respective claims
and defenses.
- Written statements of the respective claims and defenses of the parties submitted to the court
for the appropriate judgement.
- “No oral pleadings”

Purpose

- To develop and present the precise points in dispute between the parties
- The actions of the court primarily depend upon the parties’ allegations in their pleadings.

Construction of pleadings

- Liberally construed so as to do substantial justice

- In case of ambiguous allegations, it shall construed against the pleader and that no
presumptions in his favor are indulged in.

Pleadings allowed by the supreme court

a) Complaint
b) Answer
c) Counterclaim
d) Crossclaim
e) Third-fourth party claim
f) Complaint in intervention
g) Reply
o The filing of a reply is no longer allowed except if the defendant attaches an actionable
document to the answer.
o The purpose of reply is to give the plaintiff an opportunity to deny under oath the
genuineness and due execution of the actionable document because it will be deemed
admitted if it is not denied under oath,

Pleadings allowed in Summary Proeedings

a) Complaint
b) Compulsory counterclaim pleaded in the anaswer
c) Cross-claim pleaded in the answer
d) Answers there to
e) Reply

Pleadings not allowed in a petition for a Writ of Amparo or Habeas Data

 a) Motion to dismiss
b) Motion for extension of time to file return, opposition, affidavit, position paper and other
pleadings
c) Dilatory motion for postponement
d) Motion for a bill of particulars
e) Counterclaim or cross – claim

Nature of a Pleading
The nature of a cause of action is determined by the allegations of the complaint and the character of
the relief sought.

Parts of a Pleading
1) Caption of the Pleadings
a) Name of the court
b) Title of the Action – contains the names of the parties whose participation in the case shall be
indicated as either plaintiff or defendant. (1st Pleading – complete name – Subsequent Pleading
– First party on each side – Pedro Reyes, et al.)
c) Docket Number

2) Body of the Pleading

a) Set forth the designation and allegations of the party’s claim or defenses, the relief prayed for
and the date of the pleading.
b) The allegations shall be divided into paragraphs and shall be so numbered for ready
identification.

2.1 Allegations – Ultimate facts are to be stated in the methodical and logical form and in a plain
concise and direct manner including the evidence on which a party pleading relies for his claim or
defense.

Conditions Precedent – refers to condition precedent as matters which must be complied with
before a cause of action arises. (E.g., tender of payment required before making a consignation)

Effect of failure to comply with a condition precedent – include in the affirmative defense.

- Pleading a judgement
- Pleading capacity to sue or be sued
- Pleading an official document or act
- Pleading fraud, mistake or condition of the mind

Actionable document (BAR) – Example: In cases of foreclosures based on mortgage – deed of

mortgage,
 How to contest an actionable document (BAR) – Action is founded upon a document pleaded int eh
manner required by Sec. 7 of Rule 8, the party, who has no intent of admitting the genuiness and
due execution of the document must constest by :
- Specifically denying the genuineness and due execution of the document under oath
- Setting forth what he claims to be the facts

When an oath is not allowed (BAR) -

2.2 Contents
 Names of witnesses who will be presented to prove a party’s claim or defense
 Summary of the witnesses intended testimonies
 Documentary and object evidence in support of the allegations
 “Judicial Affidavit Rule”

3) Headings
a) When two or more causes of action are joined, it shall be written as “FIRST CAUSE OF ACTION”
and so on for the others.
4) Relief
a) It is also known as the prayer.
b) The court cannot grant a relief sought not prayed for in the peladings or in exercise of that
being sought.
c) “ General prayer” is allowed.
5) Signature and Address
a) Every pleading and other written submission to the court must be signed by the plaintiff OR
counsel representing him or her.
b) In case, change of address, the last address stated in the pleading shall be used.
c) EFFECT OF UNSIGNED PLEADING (BAR_ - Sanction to the attorney or law firm (Jointly and
Severally)
d) Significance of the signature of Counsel (BAR) - Constitutes a certificate by him or her that he or
she has read the pleading and document, that to the best of his knowledge and to certify that:
i) It is not being presented for improper purpose to harass, cause unnecessary delay or
needlessly increase the cost of litigation.
ii) The claims, defense and pther legal contentions are warranted by existing law or
jurisprudence or by a non-frivolous argument
iii) Factual contentions have evidentiary support
iv) The denials of factual contentions are warranted on the evidence

e) Verification in a Pleading (BAR)

i) Verified by an affidavit of an affiant duly authorized to sign the verification. If on behalf of a
party, the certification shall be in a form of a secretary’s certificate or an SPA. It shall also
state the following attestations:
(1) True and correct based on his or her personal knowledge or based on authentic
documents
 (2) Pleading is not filed to harass, cause unnecessary delay or cost of litigation
(3) Factual allegations therein have evidentiary support if specifically identified
f) Effect of a lack of a verification or of a defective verification (BAR)
i) A pleading required to be verified lacks that proper verification shall be treated as an
unsigned pleading.
ii) It is only a formal and not jurisdictional requirement. Hence, the court may order its
submission or correction, or act on the pleading if the attending circumstances are such that
strict compliance with the rule may be dispensed.
g) Other Requirements – It shall also bear the (1) current PTR Number (2) IBP Official receipt
number (3) Roll of Attorney numbers filed in judicial and quasi-judicial bodies.
i) It was meant to protect the public by making it easier to detect impostors who represent
themselves as members of the bar.

6) Certification Against Forum Shopping (BAR) – it is a sworn statement in which plaintiff certifies in a
complaint or initiatory pleading that:
a) No action was commenced or filed any claim involving the same issues in any court tribunal or
quasi-judicial agency and no such case is pending;
b) That if there is such, a complete state of the present status of such;
c) That if he or she should thereafter learn that the same or similar action or claim has been filed,
he shall report to the court wherein it was filed.

Purpose - to inform the court that there are no other pending cases involving vasically the same
parties, issues and causes of action

Certification is not a jurisdictional requirement

The certification is mandatory under Sec. 5 of Rule 7 but not jurisdictional. The absence of the
certification would not affect the jurisdiction of the court over the action.

When the Execution of Certification against Forum Shopping is required (2014 BAR)

The certification against forum shopping is only required in a complaint or other initiatory pleading,
namely: Permissive counterclaim, Crossclaim, Third (fourth, etc.) party complaint, and Complaint-in
intervention. (Sec. 5, Rule 7, ROC, as amended; Arquiza v. Court of Appeals, G.R. No. 160479, 08
June 2005) A petition for the issuance of the writ of execution is not an initiatory pleading; it does
not require a certification against forum shopping.

Non-Compliance with any of the requirements on Certification against Forum Shopping (2000, 2006
BAR) – It is not curable by mere amendment and shall be a cause for the dismissal of the case
without prejudice, unless otherwise provided, upon motion and after hearing

Who will execute the CNFS?

 - It is the plaintiff or principal party who executes the certification under oath. IF corporate, there
should an authorization from the board of directors.
- It must be executed by the principal party not the counsel.
- Reason: It is the petitioner and not the counsel to know whether he or it actually filed or cause
the filing of a petition.
- Certification signed by a person who was not authorized by the BOD renders a petition subject
to dismissal.

Rule if there are several plaintiffs or petitioners

- GR: Certification against forum shopping must be signed by all the plaintiffs or petitioenrs in a
case
- EXC: shares a common interest , co-onwers,
- Can be the counsel provided there is an SPA.

Pleadings REQUIRED A CNFS:

- Applies to complaint and other initiatory pleadings (Original Complaint, permissive counter
claim, cross-claim, third party complaint, complaint in intervention, petitition that asserts relief)
asserting a claim of relief.
- It also applies to special civil actions
- A COMMENT/ COMPULSORY COUNTERCLAIM IS NOT AN INTIATORY PLEADING.

Effect of Submission of a False Certification

- Indirect Contempt of Court

Effect of non-compliance with the undertakings

- Failure to comply with the undertakings in the certification has the same effect of the
submission of a false certitication

FILING AND SERVICE OF PLEADINGS, JUDGEMENTS AND OTHER PAPERS IN CIVIL CASES

Meaning of Filing

- Filing is the act of submitting the pleading or other paper to the court

Meaning of Service

- Service is the act of providing a party with a copy of the pleading or any other court submission
- The notice will be served to the attoryney other, to the party
- Service upon counsel representing several parties – sent to lawyer only 1 copy

Manner of Filing
4 Modes of Filing

a) Submitting personally the original copy of the pleading and other court submissions, plainly
indicated – clerk of court the date and hour of the filing
b) Registered Mail – post office stamp
c) Accredited Courier – post office stamp
d) By electronic transmittal – date of the electronic transmission
e) Facsimile transmission
f) Other electronic means

Service of Judgements, Final Orders or Resolutions

- Personally
- Registered mail

Conventional service or filing of orders, pleadings and other documents

a) Initiatory pleadings and initial responsive

How to prove service (BAR):

a) Proof of personal service shall consist of the written admission of the party served - It may also
be proven by the official return of the server or the affidavit of the party serving, containing a
statement of the date, place and manner of service
b) Ordinary Mail – proof consist of the party affidavit of the person mailing of the facts
c) Registered mail – consists of such affidavit of the person mailing of the facts showing
compliance with Section 7
d) Accredited courier servive – affidavit of services executed by the person
e) Electronic mail, facsimile – made by an affidavir of service executed the person who sent the
email.

KINDS OF PLEADINGS

Meaning of Complaint – Pleading alleging the plaintiff’s or claiming party’s cause or causes of action.

Filing of the complaint – Signifies the commencement of the civil action

Payment of Docket Fees and acquisition of jurisdiction – GR: Payment of docket fees EXC: liberal
interpretation

PAYMENT OF DOCKET FEES FOR CASES ON APPEAL – Within the period for taking an appeal

ANSWER

 Defendant upon the service of summons upon him, may avail of certain options depending on
the situation. He may file a motion for particulars

Nature of an Answer – pleading in which a defending party sets forth his or defenses.
Kinds of Defenses in the Answer

a) Negative – specifically deny the material averments in the pleading

b) Affirmative – prevents the recovery by the claiming party even if it hypothetically admits the
material allegations in the pleading of the claimant. (e.g., Defendant admits his debt in favor of
the defendant but he denies his legal liability because the debt has already prescribed.