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Rule 08 - MnnrMkingAllgtns

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Rule 08
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  Rule 8 MANNER OF MAKING ALLEGATIONS IN PLEADINGS Sec. 1 In general  – Every pleading shall contain in a methodical and logicalform, a plain, concise and direct statement of the ultimate facts on which the party pleading relies for his claim or defense, as the case may be, omitting thestatement of mere evidentiary facts.If a defense relied on is based on law, the pertinent provisions thereof and their applicability to him shall be clearly and concisely stated. In so far as pleadings are concerned, it must only state the ultimate facts where yourelied your defense or complaint. You must omit the statement of mere evidentiary facts. The basic question here is, what do you mean by ultimate facts? What are evidentiaryfacts? Distinguish ultimate facts from evidentiary facts. ULTIMATE FACTS vs . EVIDENTIARY FACTSQ: What are ultimate fact! ! ltimate facts are those which is are essential to one#s cause of action or defense. Q: #$ %# &#u %etermi'e $hether a fact i ee'tial t# &#ur caue #f acti#'#r %efe'e! ! The test to determine whether the fact is essential to your cause of action is! if thestatement in the pleading cannot be deleted. $ecause if you delete it, the statement of your cause of action or defense become incomplete, a certain element of cause of actiondisappears then it must be a statement of ultimate fact. %agtinanggal mo, wala &a ngcause of action. $ut if you delete it and there is still a cause of action, then it is not anultimate fact. Q: What are the ee'tial eleme't #f a caue #f acti#'! ! The following! 1.) 'tatement of the right( 2.) 'tatement of the obligation( 3.) 'tatement of the violation( and4.) 'tatement of damage. You analy)e a complaint from the *rst to the last paragraph, you *nd out whether thefour are present. +ow, for eample a complaint has - paragraphs. Yan bang -paragraphs, importante ba lahat? We will shorten it by analy)ing sentence by sentence. Iwill remove paragraph /-. re the elements of the cause of action still present out of theremaining paragraph? If the answer is yes, then, paragraph /- is not a statement of ultimate fact. We will remove paragraph /0, the story is still complete, there is still acause of action, then, the paragraph or the statement that you removed is not astatement of ultimate facts. 'uppose I will remove paragraph /1, &ulang na man, theallegation of the violation of the right is no longer present, then, the paragraph /1 cannotbe deleted, otherwise, if you delete it the statement or the story or the cause of actiondisappear. Then, that is an ultimate fact.'oif the statement can be deleted and the cause of action is still complete, then it isnot a statement of ultimate fact. It is only a statement of evidentiary fact. Q: What are e(i%e'tiar& fact! ! 2videntiary facts are the facts which will prove the ultimate facts. They should notbe stated in the pleading. They should be brought out during the trial. They are properduring the trial but they have no place in your pleading.345   In the law on 2vidence, ultimate facts are called facturn probandum as distinguishedfrom factum probans 6evidentiary facts7.289%:2! In a land dispute, the question is! Who has been in possession of the landfor a long time? I claim I#m the one. 'o, I will say, ;  plainti has been in possession of this land continuously for the past 30 years .< That is a statement of ultimate factbecause that shows your right = your right over the property = that you cannot bedriven out. Thirty years na gud iyan.'uppose the lawyer wants to impress the court that the statement is true, the pleadingdescribing continues possession for the past 4 years from 3>51 to 3>>1. nd therefore,the lawyer will now prepare the complaint in this manner! laintiff has been in possession of the said property continuously,openly for the past ! years from 1#$% to 1##% as may be born out by thefollowing&'e entered the property in 1#$%. 'e cleared the property by cutting thegrass. In 1#$8, he planted ( coconut trees. In 1#$#, he planted ) coconuttrees. In 1#% , he planted mango trees. In 1#%1, he planted guava. 'e willrecite everything from 1#$% to 1##%.  That will really prove that he have been there for the past 4 years because continuouseh,  every year you are reciting your activities including the taes that you paid, thereceipt, “‘yan o, eto and resibo ko!   +ow, if a lawyer will do that, his complaint will reach3 pages. Do you &now why? $ecause he violated 'ection 3. @e did not only state theultimate facts but he also stated the evidentiary facts. 'o, what should be the correctpattern? Aomplaint! laintiff has been in continuous possession of the property for ! yearsfrom 1#$% up to the present.  That is the ultimate fact. You do not have to recite eactly what you did because that iswhat I intend to prove. +ow, of course, during the trial, how can I convince the court that Ihave been in possession of the property for 4 years? Bailangan you have to convince, diba? Then, during the trial, you present the plaintiC and you as& the plaintiC! 9r. %laintiC,when did you occupy the property? = “1 #$!   = When you *rst occupied the property,describe it. = “%h, ba&not ' ha(e to clean it. o ' clean it in 1 #$.!   = In 3>5, were you stillthere? = “*h yes!   = What did you do in 3>5? = “' planted coconut trees.!   = Did you paytaes in 3>5? = “+es!   = Where#s the receipt? = “to o!   YaanE From 3>51, isaisahin mo yan. Doon na tayo magistorya sa court. Theevidentiary facts should be brought out in court not in the pleadings, otherwise yourpleading become &ilometric. That is what is meant by the phrase that you only state theultimate facts omitting the statement of evidentiary facts.nother 2ample! Aollection case. 'abihin mo! ;The defendant borrowed money and then it felldue. I made demands for him to pay, but despite repeated demands he refusedto pay.< Tama na iyon. You do not have to state in your complaint that “-hen the account felldue last o(ember /, ' called him up by telephone. e promised to pay in o(ember $and called him a&ain and he promised to pay tomorro-!   @indi na &ailangang sabihin moiyanE Those are evidentiary facts. $ut during the trial, you can narrate that I have beenwriting, “eto o, andami kon& sulat, ' ha(e been callin& him by telephone but he kept on promisin&.!   'o, magistorya &a na ng detail sa husgado. Those are what you callevidentiary facts. $ut in your complaint you do not have to recite all those. nder 'ection 3, you state the ultimate facts on which you rely your claim or defense.@ow do you state the facts? 'ection 3 says that statement of ultimate facts must bestated in a methodical and logical form and you must use plain, concise and direct341  statements or language. The simpler the language, the better.  pleading is not a vehiclefor you to show your mastery of the 2nglish language. The Gudge might throw away yourcomplaint for not using simple language.I was reading an article about the use of plain, concise and direct language. Iremember Do not use this word, rather use this word. For eample, do not use the wordHconagration,# use H*re.# The latter is simpler.@ow do you present the facts? 9ethodical and logical form. It is a matter of writingstyle. 2very person has his style of writing. Aorollary, every person epects you to writein a methodical or logical form. We have said earlier that a pleading actually tells a story.%laintiC tells the court his story. Defendant tells his story, too. @ow will the courtunderstand your story? Your presentation must be methodical and logical.Writing style is a gift, no? 'ome people tell their story clearly, others don#t understand.'asabihin mo, sabog &a magstorya. ng labo moE It is not methodical and logical.Aourts epect lawyers to present case in a methodical and logical form.What is the *rst test whether you style is methodical or logical? The best eercise isyour own answer in eaminations. In a problem, you answer and you try to argue why. You try to present your answer in a clear manner. It must be methodical and logical.In your eaminations, you may wonder why you got a diCerent score with yourclassmates where in fact the substance of your answers is the same. %recisely because thepresentation of the answer also matters. 'iya , i&aw 10. Tingnan mo ang &anyangpresentation, mas maganda. To &now the answer is not enough, you must &now @JW toanswer. 2specially in the $ar eams where the corrector is correcting more than K,noteboo&s, your noteboo& must proGect itself as if your noteboo& is telling the corrector! ead me ead me  That is the formula to pass law school and the $ar.%LI+AI%:2! Jnly ultimate facts should be alleged and not the evidentiary facts. Q: A)art fr#m e(i%e'tiar& fact* $hat are the #ther matter that h#ul% '#t+e tate% i' the )lea%i',! ! The following!3.7Facts which are presumed by law(-.7Aonclusions of fact or law(4.79atters which are in the domain of Gudicial notice need not be alleged. FACTS WHICH ARE PRESUMED BY LAW  %resumptions under the law need not be alleged in a pleading. When a fact is alreadypresumed by law, there is no need to ma&e that allegation because your cause of actionwould still be complete. 2ample! Q: I' a cae #f +reach #f c#'tract a,ai't a' #)erat#r #f the c#mm#' carrier.D# &#u thi'- it i 'ecear& f#r the )lai'ti t# alle,e that the %ri(er acte%'e,li,e'tl&! I a' alle,ati#' that the %ri(er #f the carrier acte% $ith 'e,li,e'cere/uire%! ! +JT required. There must be negligence, otherwise, there would be no cause of action. @owever there is no need to allege it in the complaint because under the AivilAode, whenever there is a breach of contract of carriage, there is a presumption of negligence on the part of carrier. It is not for the passenger to prove that the commoncarrier is negligent. It is for the common carrier to prove that it is not negligent.34  @JW2M2L, In culpa auilana , or uasidelict  , where there is no preeisting contractbetween the parties, the liability of the defendant hinges on negligence. There must beallegation of negligence. The defendant must be alleged to have acted negligently to holdhim liable. Jtherwise, there is no cause of action. It becomes an ultimate fact whichshould be alleged in the pleading. CONCLUSIONS OF FACT OR LAW  Aonclusions of law or conclusions of fact must not be stated in the pleading. statement of fact is diCerent from a conclusion of fact or law. For 5%678 , where plaintiC said that he is entitled to moral damages or attorney#s fees. That is not a statement of factbut your conclusion. 'tatement of fact is to cite the basis why you are entitled = you must state the reasonwhy you are entitled. The statement of the ultimate fact as distinguished from conclusionwas the old case of MAT AY (s . C0NS0LIDATED 1AN2  0 'AL 00>@2:D! ; bare allegation that one is entitled to something is an allegation of aconclusion. 'uch allegation adds nothing to the pleading, it being necessary toplead speci*cally the facts upon which such conclusion is founded.< You must plead the facts upon which your conclusion is founded. To say that you areentitled to something is not actually a statement of fact but merely a conclusion of thepleader. It adds nothing to the pleading.For 289%:2! The complaint alleges that the defendants are holding the plaintiC#sproperty in Trust for the plaintiC. Trustee ba = you are holding the properties in trust forme without any eplanation of the facts from which the court could conclude whetherthere is a trust or not. The 'A in the case of 6%9%+ said that that statement is merely aconclusion of the plaintiC. You must state the basis of your statement that they areholding your property in trust.Fran&ly spea&ing, there are numerous complaints which are convincing but uponreading them thoroughly, you will reali)e that maGority of the statements are notstatements of facts but conclusions of law. Tatanggalin yung conclusion. It is badcomplaint when you say that you are entitled to this without stating your basis.'o statement of law is not allowed although there is an eception under the secondparagraph of 'ection 3 which says that ; if a defense relied on is based on la-, the pertinent pro(isions thereof and their applicability to him shall be clearly and concisely stated .< t least now you can quote the law. 'ometimes a defendant when he *les hisanswer, his answer is purely based on law. @e must cite the legal provision in his answerand eplain W@Y is it applicable to him. ALLE3ATI0N 0F ALTERNATIVE CAUSES 0F ACTI0N 0R DEFENSES Sec. (. Alternative causes of action or defenses . * + party may set forthtwo or more statements of a claim or defense alternatively or hypothetically,either in one cause of action or defense or in separate causes of action ordefenses. hen two or more statements are made in the alternative and one ofthem if made independently would be sufficient, the pleading is not madeinsufficient by the insufficiency of one or more of the alternative statements.-( Q: Ma& a )lai'ti i' hi c#m)lai't tate t$# #r m#re claim alter'ati(el& #rh&)#theticall&! ! Yes. Q: What ha))e' if #'e caue #f acti#' i i'u4cie't! Will it caue the%imial #f the c#m)lai't! 34>
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