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Rule 07 - Parts of a Pleading

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Rule 07
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  Rule 7 PARTS OF A PLEADING  This is more on Legal Forms, a third year subject. That is a bar subject. That is the lastsubject given on the fourth Sunday. The last subject in the bar is Legal Ethics and PracticalExercises where an examinee will be ased to !re!are !leadings lie answer, com!laint,information. Sec. 1 – Caption . The caption sets forth the name of the court. The title ofthe action, and docket number if assigned. The title of the action indicates the names of the parties. They shall all be named in the srcinal complaint or petition; but in subsequent pleadings itshall be sufficient if the name of the first party on each side be started ithan appropriate indication hen there are other parties.Their respecti!e participation in the case shall be indicated. ILLUSTRATION: #PT$%& T$TLE'%()So, there must be a ca!tion, title. Tae note, the title of the action indicates the namesof the !arties. They shall all be named in the srcinal com!laint or !etition* but in thesubse+uent !leadings, it shall be sucient if the name of the -rst !arty of each side bestated without the others. )ou only write the -rst name of !lainti and defendant andfollowed by the word ‘ET AL”.   Q: Suppose there are 20 plaintifs and 20 deendants in the concept o permissive joinder o parties. Now is it necessary that they shall be named? #/ $n the com!laint, )ES. They shall all be named. $t is !ossible that the title alone willreach 0 or more !ages.'1T in subse+uent !leadings lie the answer, re!ly, it is not necessary to write thename of everybody. 2hat the law re+uires is to write the name of the -rst !lainti followedby the term 3ET #L4. Exam!le/ 5s. 6uitain, et al,  plaintifs vs. 5s. Pastor, et al, deendants. So the rule is, it is only in the com!laint where the name of all the !arties are re+uiredto be stated, but in subse+uent !leadings, no need. 'ut there is an E7 EPT$%& to this rule. There are instances where the law does not re+uire the name of the !arties to be statedeven in the com!laint.89: ;e!ublic of the Phili!!ines88th <udicial ;egion;egional Trial ourt of (avao'ranch 89 <uan dela ru=, Plaintif  >versus>%sama bin Laden Deendant  ivil ase ?890@AFor/ #nnulment of ontract %5PL#$&TPlainti, through counsel res!ectfully alleges that/8.x x x x x x*9.x x x x x x*0.x x x x x x  Q: hat are the instances where the law does not re!uire the name o theparties to be stated even in the complaint? #/ These are the following/8.BSubse+uent Pleading Ce.g. answer, re!ly, etc.B CSection 8B*9.B lass suit C;ule 0, Section 89B*0.B2hen the identity or name of the defendant is unnown C;ule 0, Section 8@B*@.B2hen you sue an entity without judicial !ersonality C;ule 0, Section 8AB*A.B$f a !arty is sued in his ocial ca!acity. %cial designation is sucient. De.g. 5r.#celar vs . ity 5ayor of (avao. C1nabia vs. ity 5ayor,  Phil. 9A0B Sec. . The body  . # The body of the pleading sets forth its designation, theallegations of the party$s claims or defenses, the relief prayed for, and thedate of the pleading. %n&a& Paragraphs # the allegations in the body of a pleading shall be di!ided into paragraphs so numbered as to be readily identified, each of hich shallcontain a statement of a single set of circumstances so far as that can be done ith con!enience. ' paragraph may be referred to by its number in all succeeding pleadings. %(a&%b& Headings  # )hen to or more causes of action are *oined, the statement ofthe first shall be prefaced by the ords +irst cause of action+, of the second  by +second cause of action,+ and so on for the others.%c& Relief   # The pleading shall specify the relief sought, but it may add ageneral prayer for such further or other relief as may be deemed *ust orequitable. %(a, R-&%d& Date  # !ery pleading shall be dated. %n& $n the body, you state your allegations or defenses. Then at the end, you state therelief which we call P;#)E; G what you are asing the court/ “We!e !e# it is !espe$t%ll&  p!a&ed tat '%d()ent *e !ende!ed !de!in( deendant t pa& plaintif is l an  P+)illi n ,it inte!est  +- p.a. ! ) tis date %ntil %ll& paid.”   Then, you end u! with thedate of the !leading/ H Dava /it&# Pilippines# De$e)*e! +-# +001. 4 # !leading is divided into !aragra!hs so numbered as to be readily identi-ed.&ormally, a com!laint starts : “Plaintif# t!% $ %nsel# !espe$t%ll& alle(es tat 2 2 2.”  Then-rst !aragra!h, second !aragra!h and so on.    The -rst !aragra!h is normally thestatement of the !arties and their addresses which is re+uired under ;ule I where acom!laint must state the names/ +.Plaintif 3%an dela /!%4 is  le(al a(e# a !esident  Dava /it& ,e!easdeendant Ped! 5a%tista# is als  le(al a(e and a !esident  Dava /it&.6.On s%$ and s%$ a date# deendant se$%!ed a l an ! ) plaintif in tea) %nt  s )%$ pa&a*le n tis date.7.Te l an is n , ve!d%e *%t deendant still !e%sed t pa&. So every !aragra!h is numbered so that it can easily be identi-ed in the subse+uent!leadings. Pag>sagot ng #nswer, he will just refer to the ?, H$ admit the allegations in!aragra!h ?ABParagra!h Db is related to ;ule 9 on joinder of causes of action. an you -le onecom!laint embodying two or more causes of actionJ )ES.E7#5PLE/ #ngelo wants to -le a case against $na to collect three un!aid !romissorynotes. So, there are three causes of action. The lawyer of #ngelo decided to -le only onecom!laint collecting the three !romissory notes. &ow, how should he !re!are thecom!laint containing the three !romissory notesJ Plaintif !espe$t%ll& alle(es: +. tat e is  le(al a(e 2 2 2. 89  8IRST /AUSE O8 A/TION: In +009# te!e ,as a l an se$%!ed a) %ntin( t s )%$ and it is n t paid %ntil n ,SE/OND /AUSE O8 A/TION: In +009# te!e ,as a se$ nd l an;*e$a)e pa&a*le and is n t paid. T<IRD /AUSE O8 A/TION: 2 2 2 2. $n other words, hiwa>hiwalayin mo. )ou indicate your dierent causes of action. That ishow you !re!are your com!laint. %n the other hand, the defendant will answer/  ANSWER: ANSWER TO T<E 8IRST /AUSE O8 A/TION 2 2 2#  ANSWER TO T<E SE/OND /AUSE O8 A/TION 2 2 2# ANSWER TO T<E T<IRD /AUSE O8 A/TION 2 2 2.  (o not combine them together in one !aragra!h. Even in trial when you !resent yourexhibits, you might get confused because you combined all the three causes of action inone !aragra!h. 'ut with this one, the !resentation is clearer, the outline is clearer and itis more scienti-cally arranged than joining them in one story.1nder !aragra!h Dc, the !leading must state the relief sought. 'ut it may add ageneral !rayer for such further other relief as may be just and e+uitable lie yung mga!ahabol na  “Plaintif p!a&s  ! s%$ %!te! ! te! !elie ,i$ te $ %!t )a& *e dee)ed '%st ! e=%ita*le .4 5eaning, aside from the relief sought, >%n( )e! n ?a pan( (%st n(i*i(a&# ?a& lan(.  That is the general !rayer. Q: s the prayer or relie part o the main action? #/ &%, it is !art of the com!laint or answer but it may indicate what is the nature of thecause of action. ause of actions are mere allegations. Prayer is not !art of the action butit is im!ortant because it might enlighten us on the nature of the cause of action. That isthe !ur!ose of relief or !rayer.E7#5PLE / #ngelo -led a case against $na for annulment of a contract of sale. $f youloo at the ca!tion, it is a !ersonal action which should be instituted in the !lace wherethe !arties reside. 'ut if you loo at the !rayer/  “We!e !e# it is !espe$t%ll& p!a&ed tat ate! t!ial# te deed  sale sall *e ann%lled n te (! %nd  inti)idati n# and te ,ne!sip  te land s ld t te deendant in Di( s *e !de!ed !et%!ned.”   #ctually, youare trying to recover the ownershi! of the land. So in other words, it is not a !ersonalaction but a real action. Sec. (. Signature and Address .# !ery pleading must be designed by the partyor counsel representing him, stating in either case his address hich should not be a post office bo/./ / / / / Signature and address G every !leading must be signed by the !arty or the counselre!resenting him. Tae note of the !rohibition now/ )ou must state your address whichshould not be a !ost oce box because one diculty is that the exact date when youclaim your mail cannot be determined if it is a P.%. box. 'ut if it is served to his oce, theexact date can easily be determined.'efore, $ met a situation where the lawyer -led a motion or a !leading stating only histele!hone number. 5y gollyK that is worseK ow will $ send my re!lyJ Through tele!honealsoJ Csa text ayaJB IMPLIED CERTIFICATION IN A PLEADING Section 0, second !aragra!h/ 0The signature of counsel constitutes a certificate by him that he has read the pleading; that to the best to his knoledge, information, and belief thereis good ground to support it; and that it is not interposed for delay. 80M  Q: hen a lawyer si#ns a pleadin#$ what is he certiyin#? #/ Second !aragra!h says, he is certifying that he has read the !leading, that to thebest of his nowledge, information and belief, there is a good ground to su!!ort it, and it isnot inter!osed for delay.That is called as and $5PL$E( E;T$F$ #T$%& $& # PLE#($&NC#rambulo vs. Pere=, O: Phil. 0:OB. That was already ased in the bar once. %&' Q()S* +N:  2hat is the meaning of the !hrase H$m!lied erti-cation in aPleading4J#/ H$m!lied erti-cation in a Pleading4 means that when a lawyer signs a !leading he iscertifying that he has read it, to the best of his nowledge, information and belief there isa good ground to su!!ort it, and it is not inter!osed for delay.Section 0, last !aragra!h/  'n unsigned pleading produces no legal effect. 2oe!er, the court may, inits discretion, allo such deficiency to be remedied if it shall appear that thesame as due to mere inad!ertence and not intended for delay. 3ounsel hodeliberately files an unsigned pleading, or signs a pleading in !iolation of hisRule, or alleges scandalous or indecent matter therein, or fails to promptlyreport to the court a change of his address, shall be sub*ect to appropriatedisciplinary action. %4a& So, when a !leading is not signed it !roduces no legal eect. $t is as if no !leading hasbeen -led. Q: Now$ suppose it was just an inadvertent omission$ it was not intentionalmaybe because he was hurryin# to ,le the pleadin#$ the lawyer had it ,led whenactually he has not si#ned it yet. #/ 2ell, actually if that is in good faith, the court may forgive the counsel because thelaw says, Hhowever, the court, may in its discretion, allow such de-ciency to be remediedif it shall a!!ear that the same was due to mere inadvertence and not intended for delay.45aybe, alright, you sign it now in order that it will !roduce a legal eect.owever, if the lawyer -les a !leading which is 1&S$N&E( (EL$'E;#TEL), sinadya,then, according to the rules, he shall be subject to a!!ro!riate disci!linary action. That is!ractically unethical 3noJ &ot only that, he is also subject to disci!linary action if he signs a!leading in violation of this ;ule or alleges scandalous or indecent matter therein, or failsto !rom!tly re!ort to the court a change of his address. These are the grounds no.&ow, this ground G ails t p! )ptl& !ep !t t te $ %!t a $an(e  is add!ess hasbeen inserted in 8O ;ules, this was not found in the !rior ;ules. Siguro, the S hasdiscovered that this has been the cause of delay in litigation. Q: hat do you mean by this? #/ # lawyer will -le a !leading in court, he will say this is his address, and then hemoves his oce without telling the court or the o!!osing counsel of his new address. So,the court will be sending notices and orders to his old address and it is returned to senderbecause the lawyer already moved to another !lace. So, it causes delay ba.So, in order to !enali=e the lawyer, subject to disci!linary action, it is his obligation toinform the court and even the o!!osing counsel about his new address so that all courtorders, decisions and all !leadings will be served on his address. $ thin what !rom!tedthe S to insert this is the fact that it has been the cause of delays in many cases.808

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Jul 23, 2017
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