Civil Procedure: Complaint and Pleadings

  1. COMPLAINT and PLEADINGS
    1. What is Complaint? Rule 6 Sec. 3. The complaint is the pleading alleging the p[aintiff’s cause or causes of action. the names and residences of the plaintiff and defendant must be stated in the complaint.
    2. What is pleading? Rule 6, Sec 1 – Pleadings are the written statements of the respective claims and defenses of the parties submitted to the court for appropriate judgement.
    3. Pleading allowed. Rule 6 Sec. 2 – the claims oa party are asserted in a complaint, counterclaim, cross-claim, third (fourth) party claim, or complaint-intervention. The defenses of a party are alleged in the answer to the pleading asserting a claim against him. An answr may be responded to by a reply.
    4. Parts of a pleading Rule 7.
      1. Caption – The Caption sets forth the name of the court, the title of the action, and the docket number if assigned.
        1. The title of the action indicates the names of the parties. they all all be named in the original complaint or petition; but in subsequent pleadings, it shall be sufficient if the name of the first party on each side be stated with an appropriate indication when there are other parties. their respective participation in the case shall be indicated.
      2. The Body – the body of the pleading sets forth its destination, the allegations of the party’s claims or defenses, the relief prayed for, and the date of the pleadings.
        1. Paragraphs.  The allegations in the body of a pleading shall be divided into paragraphs so numbered as to be readily identified, each of which shall contain a statement of a single se of circumstances so far as that can be done with convenience. A paragraph may be referred to by its number in all pleadings.
        2. Headings. – When two or more causes of action are joined, the statement of the first shall be prefaced by the words “first cause of action,” of the second by “second cause of action,” and so on for the others.
        3. Relief. – The pleadings shall specify the relief sought, but it may add a general prayer for such further or other relief as may be deemed just or equitable.
        4. Date. – Every pleading shall be dated.
      3. Signature and Address
      4. Verification – A pleading is verified by an affidavit that the affiant has read the pleading and that the allegations therein are true and correct of his personal knowledge or based on authentic records.
      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;
    5. Effects of unsigned pleading – Rule 7, Sec 3, An unsigned pleading produces no legal effect. however the court may, in its discretion, allow such deficiency to be remedied if it shall appear that the same was due to mere inadvertence and not intended for delay.
    6. Aside from signature of Lawyer, what else are Required?
      1. Per Rule 7, Section 3 of the Rules of Court, a counsel’s address must be stated;
      2. In Bar Matter No. 1132,40 this court required all lawyers to indicate their Roll of Attorneys number;
      3. In Bar Matter No. 287,41 this court required the inclusion of the “number and date of their official receipt indicating payment of their annual membership dues to the Integrated Bar of the Philippines for the current year”; in lieu of this, a lawyer may indicate his or her lifetime membership number;
      4. In accordance with Section 139 of the Local Government Code,42 a lawyer must indicate his professional tax receipt number;
      5. Bar Matter No. 192243 required the inclusion of a counsel’s Mandatory Continuing Legal Education Certificate of Compliance or Certificate of Exemption; and
      6. This court’s Resolution in A.M. No. 07-6-5-SC44 required the inclusion of a counsel’s contact details.
        1. Intestate Estate of Jose Uy vs. Atty. Pacifico MaghariA.C. No. 10525, Sept. 1, 2015
        2. Republic vs. Kenrick Development Corp.,G.R. No. 149576, August 8, 2006
        3. Bar Matter No. 1922; OCA Circular No. 99-2008; OCA Circular No. 79-2014, May 26, 2014;
      7. Verification and Certification against Forum Shopping
        1. Bacolor et, al. vs. Makabali Memorial Hospital Inc.G.R. No. 204325, April 18, 2016
        2. Cagayan Vally Drug Corp., vs. CIR – G.R. No. 151413, Feb. 13, 2008
        3. Mid-Pasig Land Dev. Corp. vs. Tablante – G.R. No. 162924, Feb. 4, 2010

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