Professional Documents
Culture Documents
Notes in Legal Forms
Notes in Legal Forms
Notes in Legal Forms
Pleading Preparations
Drafting of Documents
Certification
Review of Documents
Notarization
In case of pleading in civil or criminal cases pertinent provisions of law must be considered
and requisites and/or pre-requisites as the case may be must be complied
Public Document
► Any instrument notarized by a notary public or a competent public official with the
solemnities required by law
► Binding to third persons
Notarization converts a private document into a public document thus making that document
admissible in evidence without further proof of its authenticity.
A notarial document is by law entitled to full faith and credit upon its face.
Courts, administrative agencies and the public at large must be able to rely upon the
acknowledgment executed by a notary public and appended to a private instrument.
( Rosalinda Bernardo vs. Atty. Mario Ramos A.C. No. 5645 July 2, 2002)
Art. 1356. Contracts shall be obligatory, in whatever form they may have been entered
into, provided all the essential requisites for their validity are present . However, when
the law requires that a contract be in some form in order that it may be valid or enforceable, or
that a contract be proved in a certain way, that requirement is absolute and indispensable. In
such cases, the right of the parties stated in the following article cannot be exercised.
Art. 1357. If the law requires a document or other special form, as in the acts and contracts
enumerated in the following article, the contracting parties may compel each other to observe
that form, once the contract has been perfected. This right may be exercised simultaneously
with the action upon the contract
Art. 1358. The following must appear in a public document:
(1) Acts and contracts which have for their object the creation, transmission,
modification or extinguishment of real rights over immovable property; sales of real
property or of an interest therein a governed by Articles 1403, No. 2, and 1405;
Art. 1403. The following contracts are unenforceable, unless they are ratified:
(2) Those that do not comply with the Statute of Frauds as set forth in this number. In the
following cases an agreement hereafter made shall be unenforceable by action, unless the
same, or some note or memorandum, thereof, be in writing, and subscribed by the party
charged, or by his agent; evidence, therefore, of the agreement cannot be received
without the writing, or a secondary evidence of its contents:
(a) An agreement that by its terms is not to be performed within a year from the
making thereof;
(b) A special promise to answer for the debt, default, or miscarriage of another;
(d) An agreement for the sale of goods, chattels or things in action, at a price not
less than five hundred pesos, unless the buyer accept and receive part of such goods and
chattels, or the evidences, or some of them, of such things in action or pay at the time
some part of the purchase money; but when a sale is made by auction and entry is made
by the auctioneer in his sales book, at the time of the sale, of the amount and kind of
property sold, terms of sale, price, names of the purchasers and person on whose account
the sale is made, it is a sufficient memorandum;
(e) An agreement of the leasing for a longer period than one year, or for the sale of
real property or of an interest therein;
The court motu proprio Resolved to further amend Sections 15 and 16, Rule 136 of the Rules
of Court, as well as its Resolution of Sept. 17, 1974 as amended by Resolution dated February
23, 1984, as follows:
Effective immediately and until further actions of the Court, all pleadings, briefs,
memoranda, motions and other papers to be filed before the Supreme Court and the Court of
Appeals shall either be typewritten on good quality, unglazed paper, or mimeographed or
printed on newsprint or mimeograph paper, 11 inches in length by 8-1/2 inches in width
(commonly known as letter size) or 13 inches in length by 8-1/2 inches in width (commonly
known as legal size).
There shall be a margin at the top and at the left-hand side of each page not less than 1-
1/2 inches width. The contents shall be written double-spaced and only one side of the page
shall be used.
In the Supreme Court, eighteen (18) legible copies of the petition shall initially be filed,
and eighteen (18) copies of subsequent pleadings, briefs, memoranda, motions and other papers
shall be filed in cases for consideration of the Court en banc and nine (9) copies in cases to be
heard before a division. One (1) copy thereof shall be served upon each of the adverse parties
in either case.
In the Court of Appeals, seven (7) legible copies of pleadings, briefs, memoranda,
motions and other papers shall be filed and one (1) copy thereof shall be served on each of the
adverse parties.
SEC. 16. Printed papers. - All papers required by these rules to be printed shall be printed
with black ink on unglazed paper, with pages six inches in width by nine inches in length,
pamphlet form. The type used shall not be smaller than twelve point. The paper used shall be
of sufficient weight to prevent the printing upon one side from being visible upon the other.
DEFINITIONS
Affirmation or Oath
Commission. - "Commission" refers to the grant of authority to perform notarial acts and to
the written evidence of the authority.
Copy Certification. - "Copy Certification" refers to a notarial act in which a notary public:
(a) is presented with an instrument or document that is neither a vital record, a public
record, nor publicly recordable;
(b) copies or supervises the copying of the instrument or document;
(c) compares the instrument or document with the copy; and
(d) determines that the copy is accurate and complete.
Notarial Register. - "Notarial Register" refers to a permanently bound book with numbered
pages containing a chronological record of notarial acts performed by a notary public.
Notarial Act and Notarization. - "Notarial Act" and "Notarization" refer to any act that a
notary public is empowered to perform under these Rules.
Notarial Certificate. - "Notarial Certificate" refers to the part of, or attachment to, a
notarized instrument or document that is completed by the notary public, bears the notary's
signature and seal, and states the facts attested to by the notary public in a particular
notarization as provided for by these Rules.
Notary Public and Notary. - "Notary Public" and "Notary" refer to any person
commissioned to perform official acts under these Rules.
Principal. - "Principal" refers to a person appearing before the notary public whose act is the
subject of notarization.
Regular Place of Work or Business. - The term "regular place of work or business"
refers to a stationary office in the city or province wherein the notary public renders legal and
notarial services.
Official Seal of Notary Public. - Every person commissioned as notary public shall have
only one official seal of office.
Jurisdiction and Term. - A person commissioned as notary public may perform notarial
acts in any place within the territorial jurisdiction of the commissioning court for a period of
two (2) years commencing the first day of January of the year in which the commissioning is
made, unless earlier revoked or the notary public has resigned under these Rules and the Rules
of Court.
(1) acknowledgments;
(2) oaths and affirmations;
(3) jurats;
(4) signature witnessings;
(5) copy certifications; and
(6) any other act authorized by these Rules.
(b) A notary public is authorized to certify the affixing of a signature by thumb or other
mark on an instrument or document presented for notarization if:
(1) the thumb or other mark is affixed in the presence of the notary public
and of two (2) disinterested and unaffected witnesses to the instrument or
document;
(2) both witnesses sign their own names in addition to the thumb or other
mark;
(3) the notary public writes below the thumb or other mark: "Thumb or
Other Mark affixed by (name of signatory by mark) in the presence of (names
and addresses of witnesses) and undersigned notary public"; and
(4) the notary public notarizes the signature by thumb or other mark through
an acknowledgment, jurat, or signature witnessing.
(c) A notary public is authorized to sign on behalf of a person who is physically unable
to sign or make a mark on an instrument or document if:
(1) the notary public is directed by the person unable to sign or make a mark to
sign on his behalf;
(2) the signature of the notary public is affixed in the presence of two
disinterested and unaffected witnesses to the instrument or document;
(3) both witnesses sign their own names ;
(4) the notary public writes below his signature: "Signature affixed by notary in
presence of (names and addresses of person and two \2] witnesses)"; and
(5) the notary public notarizes his signature by acknowledgment or jurat.
. Prohibitions. - (a) A notary public shall not perform a notarial act outside his regular place of
work or business; provided, however, that on certain exceptional occasions or situations, a
notarial act may be performed at the request of the parties in the following sites located within
his territorial jurisdiction:
(1) public offices, convention halls, and similar places where oaths of office may be
administered;
(2) public function areas in hotels and similar places for the signing of instruments or
documents requiring notarization;
(3) hospitals and other medical institutions where a party to an instrument or document
is confined for treatment; and
(4) any place where a party to an instrument or document requiring notarization is
under detention.
Disqualifications. - A notary public is disqualified from performing a notarial act if he:
Refusal to Notarize. - A notary public shall not perform any notarial act described in these
Rules for any person requesting such an act even if he tenders the appropriate fee specified by
these Rules if:
(a) the notary knows or has good reason to believe that the notarial act or transaction is
unlawful or immoral;
(b) the signatory shows a demeanor which engenders in the mind of the notary public
reasonable doubt as to the former's knowledge of the consequences of the transaction requiring
a notarial act; and
(c) in the notary's judgment, the signatory is not acting of his or her own free will.
NOTARIAL REGISTER
Form of Notarial Register. - (a) A notary public shall keep, maintain, protect and provide
for lawful inspection as provided in these Rules, a chronological official notarial register of
notarial acts consisting of a permanently bound book with numbered pages.
ACKNOWLEDGMENT
INSTRUMENTS TO BE ACKNOWLEDGED
• Deeds
• Conveyances
• Mortgages
• Lease
• Release and Discharge Affecting Lands whether registered under Act 496 or
underegistered
- Two or more pages includes the page where the acknowledgment is written
- Each page must be signed on the left margin by the person/s executing the
instrument and their witnesses
- Seal must appear
- Such fact must appear on the acknowledgment
ACKNOWLEDGMENT JURAT
Act of one who has executed a deed, in Part of an affidavit where the officer
going before some competent officer or certifies that the same was sworn before
court and declaring it to be his act or deed him
Two-fold purpose: 1.) to authorize the deed Gives the document a legal character
to be given in evidence without further
proof of its execution; and 2.) to entitle it to
be recorded
PARTS OF AN AFFIDAVIT
1. Venue
2. Body
3. Signature of the Affiant
4. Jurat
VENUE - is the designation of the place where the affidavit was taken
determines the jurisdiction of the administering officer
BODY - Refers to the facts or matters alleged to true and under oath
- actual knowledge of facts
- allegations must be full, certain and exact
JURAT - is that part of the affidavit in which the officer certifies that the
instrument was sworn to before him. It is not a part of the affidavit.
SCILICET - “SS” to particularize that which has been stated before in general
VIDELICET - “to wit”, to particularize that which is merely general in the preceding
statement.
POWER OF ATTORNEY
AGENCY Defined
• Art. 1868. By the contract of agency a person binds himself to render some service or
to do something in representation or on behalf of another, with the consent or authority of the
latter.
DEEDS
3. The person receiving the privilege or thing must have the legal capacity to receive it.
4. Must have the signature of the grantor. However, for conveyances of real estate, the
deed must be acknowledged before a notary public or a civil law notary and some may require
a witness or witnesses in addition.
5. It must be delivered to and accepted by the recipient.
CONTRACTS
A contract is a meeting of minds between two persons whereby one binds himself, with respect
to the other, to give something or to render some service. (Art. 1305 NCC)
Art. 1306. The contracting parties may establish such stipulations, clauses, terms and
conditions as they may deem convenient, provided they are not contrary to law, morals, good
customs, public order, or public policy.
Art. 1308. The contract must bind both contracting parties; its validity or compliance cannot be
left to the will of one of them. (1256a)
Art. 1309. The determination of the performance may be left to a third person, whose decision
shall not be binding until it has been made known to both contracting parties.
Art. 1317. No one may contract in the name of another without being authorized by the latter,
or unless he has by law a right to represent him.
A contract entered into in the name of another by one who has no authority or legal
representation, or who has acted beyond his powers, shall be unenforceable, unless it is
ratified, expressly or impliedly, by the person on whose behalf it has been executed, before it is
revoked by the other contracting party.
LEASE
Art. 1642. The contract of lease may be of things, or of work and service. (1542)
Art. 1643. In the lease of things, one of the parties binds himself to give to another the
enjoyment or use of a thing for a price certain, and for a period which may be definite or
indefinite. However, no lease for more than ninety-nine years shall be valid.
art. 1647. If a lease is to be recorded in the Registry of Property, the following persons cannot
constitute the same without proper authority: the husband with respect to the wife's paraphernal
real estate, the father or guardian as to the property of the minor or ward, and the manager
without special power.
Art. 1648. Every lease of real estate may be recorded in the Registry of Property. Unless a
lease is recorded, it shall not be binding upon third persons. (1549a)
Art. 1649. The lessee cannot assign the lease without the consent of the lessor, unless there is a
stipulation to the contrary.
Art. 1650. When in the contract of lease of things there is no express prohibition, the lessee
may sublet the thing leased, in whole or in part, without prejudice to his responsibility for the
performance of the contract toward the lessor.
OTHER STIPULATIONS IN A CONTRACT OF LEASE
- Obligations of the Lessor
-Obligations of the Lessee
-Amount of Rent plus Deposit and Advance Rentals
-Term of Lease
-Mode of Payment and penalties in case of delay
SAMPLE FORMS
1. SIMPLE ACKNOWLDGMENT
ACKNOWLEDGMENT
BEFORE ME, Notary Public this day of , 2007 in and for the City aforesaid,
personally appeared with SSS ID No. issued on at
, Philippines, known to me and to me known to be the same person who signed and executed the
foregoing instrument and acknowledged to me that the same is his own free and voluntary act and deed.
WITNESS MY HAND AND NOTARIAL SEAL on the date and place first above-written.
Doc. No. ;
Page No. ; NOTARY PUBLIC
Book No. ;
Series of 2007.
ACKNOWLEDGMENT
Doc. No. ;
Page No. ; NOTARY PUBLIC
Book No. ;
Series of 2007.
ACKNOWLEDGMENT
WITNESS MY HAND AND NOTARIAL SEAL on the date and place first above-written.
Doc. No. ;
Page No. ; NOTARY PUBLIC
Book No. ;
Series of 2007.
ACKNOWLEDGMENT
BEFORE ME, Notary Public this day of , 2007 in and for the City
aforesaid, personally appeared the following persons, to wit:
known to me and to me known to be the same person who signed and executed the foregoing instrument
and acknowledged to me that the same is their own free and voluntary act and deed.
WITNESS MY HAND AND NOTARIAL SEAL on the date and place first above-written.
Doc. No. ;
Page No. ; NOTARY PUBLIC
Book No. ;
Series of 2007.
ACKNOWLEDGMENT
BEFORE ME, Notary Public this day of , 2007 in and for the City
aforesaid, personally appeared the following persons, to wit:
known to me and to me known to be the same person who signed and executed the foregoing instrument
and acknowledged to me that the same is their own free and voluntary act and deed.
This document consisting of two (2) pages including this page where the acknowledgment is written
pertains to a and for which the parties have affixed their signature on the left margin of each
and every page.
WITNESS MY HAND AND NOTARIAL SEAL on the date and place first above-written.
Doc. No. ;
Page No. ; NOTARY PUBLIC
Book No. ;
Series of 2007.
3. AFFIDAVIT
AFFIDAVIT OF
1. XXXXX;
2. XXXXX;
3. XXXXX.
4. I am executing this affidavit for the purpose of establishing the veracity of the
foregoing facts and for whatever other legal purpose this may best serve.
IN WITNESS WHEREOF, I have hereunto set my hand this day of at the City of
Cebu.
Affiant
Doc. No. ;
Page No. ;
Book No. ;
Series of 2007.
HEREBY GIVING AND GRANTING unto said attorney-in-fact full power and authority
requisite, necessary or proper to be done in and about the premises as fully to all intents and
purposes as I might or could lawfully do if personally present, and hereby ratifying and
confirming all that my said attorney-in-fact or her substitute shall lawfully do or cause to be
done under and by virtue of these presents.
IN WITNESS WHEREOF, I have hereunto set my hand this day of December,
2011.
Principal
ACKNOWLEDGMENT
BEFORE ME, a Notary Public this of December, 2011 at the City of Cebu,
personally appeared with her Passport No. issued on
at ; known to me the same person who executed
the foregoing Special Power of Attorney for which she acknowledge to be her personal
voluntary act and deed.
WITNESS MY HAND AND SEAL on the and place first above written.
2. To sign any and all documents necessary for the processing and the release of
the said Transfer Certificate of Title under my name as the duly registered owner;
3. To turn over the said Transfer Certificate of Title duly registered in my name to
myself within thirty days from release of the said title;
4. To do any and all acts necessary so as to give full effect to the foregoing
authorities stated.
HEREBY GIVING AND GRANTING unto said attorney-in-fact full power and authority
requisite, necessary or proper to be done in and about the premises as fully to all intents and
purposes as I might or could lawfully do if personally present, and hereby ratifying and
confirming all that my said attorney-in-fact or her substitute shall lawfully do or cause to be
done under and by virtue of these presents.
IN WITNESS WHEREOF, I have hereunto set my hand this day of December,
2011.
Principal
ACKNOWLEDGMENT
BEFORE ME, a Notary Public this of December, 2011 at the City of Cebu,
personally appeared with her Passport No. issued on
at ; known to me the same person who executed
the foregoing Special Power of Attorney for which she acknowledge to be her personal
voluntary act and deed.
This document consisting of two pages including this page in which the
acknowledgment is written has been signed by the instrumental witnesses and the principal
on each and every page
WITNESS MY HAND AND SEAL on the and place first above written.
BOARD RESOLUTION
; WHEREAS, XXXX
IN WITNESS WHEREOF, the parties have hereunto set their hands this day of May,
2006 at Cebu City, Philippines
DIRECTOR DIRECTOR
SECRETARY’S CERTIFICATE
I, , Filipino, of legal age, a resident of City, after having been duly sworn
to in accordance with law, do hereby depose and say that:
“RESOLVED XXXX
RESOLVED FURTHER that XXX”
City, Philippines.
Corporate Secretary
SUBSCRIBED AND SWORN to before me this day of July, 2006 at Cebu City,
Philippines. Affiant exhibiting to me his Driver’s License No. issued on
at _.
NOTARY PUBLIC
Doc No. ;
Page No. ;
Book No. ;
Series of 2006.
Affiant
Passport No. Issued on
Issued at Expires on
Doc. No.:
Page No.: Notary Public
Book No.:
Series of 2012.
WHEREAS, the forex rate is fluctuating and the losses can be avoided if a dollar is
opened .
SPECIMEN SIGNATURE
1. Mr. -
2. Ms. -
Director -
Director -
Director -
Director -
NOTARY PUBLIC
Doc No. ;
Book No.
; Page No.
;
Series of 200 .
SECRETARY’S CERTIFICATE
2. That on January 20, 2012 during a Special Board of Directors Meeting were a
quorum was reached, the following resolution was passed and approved, to wit:
“RESOLVE FINALLY, that the two signatures of the above authorized persons
shall be necessary to effect the transactions of the corporation”
SPECIMEN SIGNATURE
1. Mr. -
2. Ms. -
MAV
Corporate Secretary
NOTARY PUBLIC
Doc No. ;
Book No.
; Page No.
; Series of 2012.
5. DEED OF CONDITIONAL SALE
-AND-
WHEREAS, the VENDOR is the lawful and registered owner of a certain parcel of land
registered as Transfer Certificate of Title No. containing an area of
square meters more or less and more particularly described as
follows: “_ .”
WHEREAS, the VENDOR desires to sell the above described property to the VENDEE and
the latter is willing to purchase the same from the VENDOR;
NOW, THEREFORE, for and in consideration of the foregoing premises and the
covenants hereinafter stipulated, the parties hereby agree as follows:
B. Transfer of Ownership - To secure the payment of the balance of the purchase price and
other obligations of the VENDEE under this Agreement, title or ownership over the subject
property is expressly reserved by the VENDOR and shall be transferred to the VENDEE only
upon full payment of the purchase price;
E. Absolute Deed of Sale - Upon full payment of the balance of the purchase price, the
VENDOR shall immediately execute, sign and deliver all necessary documents and/or absolute
deed of sale, to the VENDEE to allow the latter to transfer title over the property their name;
IN WITNESS WHEREOF, the parties have hereunto set their hands and affixed their
signatures this at , Philippines.
VENDEE
ACKNOWLEDGMENT
6. DEED OF SALE
DEED OF ABSOLUTE SALE
TYPE :
MAKE :
SERIAL NUMBER
CHASIS NUMBER :
PLATE NUMBER :
COLOR :
of which I am the absolute and registered owner as evidenced by a certificate of registration with the Land
Transportation Office and hereby warrant the same is free from any lien and encumbrance.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my signature this
day of ,2007 at City,
Philippines.
7. CONTRACT OF LEASE
CONTRACT OF LEASE
-AND-
WITNESSETH
1. TERMS
2. DEPOSIT
3. PRETERMINATION AND TERMINATION
4. CONDITIONS FOR USE/SUBLEASE/
5. OTHER MUTUALLY AGREED PROVISIONS
IN WITNESS WHEREOF, the parties have hereunto set their hands this day of
, 2006 at the City of Cebu, Philippines.
Lessor Lessor
Lessee
Signed in the presence of:
ACKNOWLEDGMENT
REAL ESTATE MORTGAGE is one which is agreed upon between the parties, or created in
accordance with the will of the owner of the property upon which the same is constituted.
It may be created only by a person who has the free disposition of the property, or is
authorized to do in accordance with law.
CHATTEL MORTGAGE
- A conditional sale of personal property as security for the payment of a debt, or the
performance of some other obligation specified therein, the condition being that the sale shall
be void upon the seller paying to the purchaser a sum of money or doing some act as named.
SAMPLE FORM:
CHATTEL MORTGAGE
KN OW ALL M E N BY T H E S E P R E S E N T S :
I, ( Na m e o f M o r t g a g o r ) of legal age, single/married to with postal
address at
hereinafter known as the MORTGAGOR, and
of legal age, single/married to with postal
address at hereinafter known as the MORTGAGEE, wit nesseth:
That the MORTGAGOR is indebted unto the MORTGAGEE in the sum of (Amount in Words)
(000,000.00), Philippine Currency, receipt of which is acknowledged by the MORTGAGOR upon the
signing of this instrument, payable within a period of years, with interest thereon at the rate of ( )
% per annum;
That for, and consideration of , this indebtedness, and to assure the performance of said obligation to pay,
the MORTGAGOR hereb y conve ys b y wa y of CHATTE L MORTGAGE unto the MORTGAGEE,
his heirs and assigns, the following personalty now in the possession of said MORTGAGOR
That the condition of this obligation is that should the MORTGAGOR perform the obligation to pay the
hereinabove cited indebtedness of (Amount in Words) (000,000.00) together with accrued interest thereon, this
chattel mortgage shall at once become null and void and of no effect whatsoever, otherwise, it shall remain in
full force and effect.
IN WITNESS WHEREOF, the parties have hereunto set their hands, this day of 2008 at
____ Philippines.
MORTGAGOR MORTGAGEE
ACKNOWLEDGEMENT
Known to me and to me known to be the same persons who executed the foregoing instrument and
acknowledged to me that the same is their free and voluntary act and deed.
WITNESS MY HAND AND SEAL, on the date and place first above written.
Notary Public
Doc. No. ;
Page No. ;
Book No. ;
Series of 2008.
We, the undersigned MORTGAGOR AND MORTGAGEE hereby jointly and severally swear that we executed
the foregoing Chattel Mortgage in order to secure the indebtedness therein and for no other purpose or purposes
contrary to law.
MORTGAGOR MORTGAGEE
3. I have read the contents thereof and the facts stated therein are true and correct of my
personal knowledge and/or on the basis of copies of documents and records in my possession;
4. I have not commenced any other action or proceeding involving the same issues in the
Supreme Court, the Court of Appeals, or any other tribunal or agency;
5. To the best of my knowledge and belief, no such action or proceeding is pending in the
Supreme Court, the Court of Appeals, or any other tribunal or agency;
6. If I should thereafter learn that a similar action or proceeding has been filed or is pending
before the Supreme Court, the Court of Appeals, or any other tribunal or agency, I undertake to
report that fact within five (5) days therefrom to this Honorable Court.
Affiant
Doc. No. ;
Page No. ;
Book No. ;
Series of 2000.
VERIFICATION
3. I have read the contents thereof and the facts stated therein are true and correct of my
own personal knowledge and/or on the basis of copies of authentic documents and records in
my possession;
Affiant
Doc. No. ;
Page No. ;
Book No. ;
Series of 2000.
PLEADINGS
Rule 6
PLEADINGS IN GENERAL
Section 1. Pleadings defined.— Pleadings are the written allegations of the parties of their
respective claims and defenses submitted to the court for trial and judgment.
Sec. 2. Pleadings allowed.— The pleadings allowed by these rules are the complaint, the
answer, the counterclaim, the cross-claim, the reply, the third-party complaint, he fourth-
party complaint, and other similar complaints.
Sec. 3. Complaint.— The complaint is a concise statement of the ultimate facts constituting the
plaintiff's cause or causes of action. It 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. The names and
residences of the parties plaintiff and defendant must be stated in the complaint.
Sec. 4. Answer.— An answer is a pleading in which a defendant or other adverse party sets
forth the negative and affirmative defenses upon which he relies.
Sec. 5. Defenses.— (a) Negative defense is the specific denial of the material fact or facts
alleged in the complaint essential to the plaintiff's cause or causes of action.
(b) An affirmative defense is an allegation of new matter which, while admitting the material
allegations of the complaint, expressly or impliedly, would nevertheless prevent or bar
recovery by the plaintiff. The affirmative defenses include fraud, statute of limitations, release,
payment, illegality, statute of frauds, estoppel, former recovery, discharge in bankruptcy, and
all other matter by way of confession and avoidance.
Sec. 6. Counterclaim.— A counterclaim is any claim for money or other relief which a
defending party may have against an opposing party. A counterclaim need not diminish or
defeat the recovery sought by the opposing party, but may claim relief exceeding in amount or
different in kind from that sought by the opposing party's claim.
Sec. 7. Cross-claim. — A cross-claim is any claim by one party against a co-party arising out
of the transaction or occurrence that is the subject matter either of the original action or of a
counterclaim therein. Such cross-claim may include a claim that the party against whom it is
asserted is or may be liable to the cross-claimant for all or part of a claim asserted in the action
against the cross-claimant.
Sec. 8. Counterclaim or cross-claim in the answer. — The answer may contain any
counterclaim or cross-claim which a party may have at the time against the opposing party or a
co-defendant, provided that the court has jurisdiction to entertain the claim and can, if the
presence of third parties is essential for its adjudication, acquire jurisdiction of such parties.
Sec. 11. Reply.— A reply is a pleading, the office or function of which is to deny, or allege
facts in denial or avoidance of new matters alleged by way of defense in the answer and
thereby join or make issue as to such new matters. If a party does not file such reply, all the
new matters alleged in the answer are deemed controverted.
If the plaintiff wishes to interpose any claims arising out of the new matters so alleged, such
claims shall be set forth in an amended or supplemental complaint.
Sec. 12. Third-party complaint.— A third-party complaint is a claim that a defending party
may, with leave of court, file against a person not a party to the action, called the third-party
defendant, for contribution, indemnity, subrogation or any other relief, in respect of his
opponent's claim.
Sec. 13. Fourth, etc., parties.— A third-party defendant may proceed under this rule against
any person not a party to the action who is or may be liable to him or to the third-party plaintiff
for all or part of the claim made in the action against the third-party defendant.
Sec. 14. Bringing new parties.— When the presence of parties other than those to the original
action is required for the granting of complete relief in the determination of a counterclaim or
cross-claim, the court shall order them to be brought in as defendants, if jurisdiction over them
can be obtained.
Sec. 15. Liberal construction.— All pleadings shall be liberally construed so as to do
substantial justice.
Rule 7
Section 1. Caption.— Each pleading shall contain a caption setting forth the name of the court,
the title of the action, the file number if assigned and a designation of the pleading.
Sec. 2. Title.— In the complaint the title of the action shall include the names of all the parties;
but in other 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.
Sec. 4. 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.
When one or more paragraphs in the answer are addressed to one of several causes of action in
the complaint they shall be prefaced by the words "answer to the first cause of action" or
"answer to the second cause of action" and so on; and when one or more paragraphs of the
answer are addressed to several causes of action they shall be prefaced by words to that effect.
Sec. 5. Signature and address.— Every pleading of a party represented by an attorney shall be
signed by at least one attorney of record in his individual name, whose address shall be stated.
A party who is not represented by an attorney shall sign his pleading and state his address.
Except when otherwise specifically provided by rule or statute, pleadings need not be verified
or accompanied by affidavit. The signature of an attorney constitutes a certificate by him that
he has read the pleading; that to the best of his knowledge, information, and belief there is
good ground to support it; and that it is not interposed for delay. If a pleading is not signed or is
signed with intent to defeat the purpose of this rule, it may be stricken out as sham and false
and the action may proceed as though the pleading had not been served. For a willful violation
of this rule an attorney may be subjected to appropriate disciplinary action. Similar action may
be taken if scandalous or indecent matter is inserted.
Sec. 6. Verification.—A pleading is verified only by an affidavit stating that the person
verifying has read the pleading and that the allegations thereof are true of his own knowledge.
Verifications based on "information and belief," or upon "knowledge, information and belief"
shall be deemed insufficient.
Rule 8
ALLEGATIONS IN PLEADINGS
Section 1. In general. —Every pleading shall contain in a methodical and logical form, 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 the statement of mere evidentiary facts.
Sec. 2. Alternative causes of action or defenses. — A party may set forth two 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 or defenses. When two or more statements are made in
the alternative and one of them if made independently would be sufficient, the pleading is not
made insufficient of the insufficiency of one or more of the alternative statements.
Sec. 4. Capacity.— Facts showing the capacity of a Party to sue or be sued or the authority of a
party to sue or be sued in a representative capacity or the legal existence of an organized
association of persons that is made a party, must be averred. A party desiring to raise an issue
as to the legal existence of any party or the capacity of any party to sue or be sued in a
representative capacity, shall do so by specific denial, which shall include such supporting
particulars as are peculiarly within the pleader's knowledge.
Sec. 5. Fraud, mistake, condition of the mind.— In all averments of fraud or mistake, the
circumstances constituting fraud or mistake must be stated with particularity. Malice, intent,
knowledge or other condition of mind of a person may be averred generally.
Sec. 7. Action or defense based on document.— Whenever an action or defense is based upon a
written instrument or document, the substance of such instrument or document shall be set
forth in the pleading, and the original or a copy thereof shall be attached to the pleading as an
exhibit, which shall be deemed to be a part of the pleading, or said copy may with like effect be
set forth in the pleading.
Sec. 10. Specific denial.— The defendant must specify each material allegation of fact the truth
of which he does not admit and, whenever practicable, shall set forth the substance of the
matters which he will rely upon to support his denial. Where a pleader desires to deny only a
part or a qualification of an averment, he shall specify so much of it as is true and material and
shall; deny only the remainder. Where the defendant is without knowledge or information
sufficient to form a belief as to the truth of a material averment made in the complaint, he shall
so state, and this shall have the effect of a denial.
SAMPLE CAPTION
DIVISION
X
Plaintiff
GR. NO.
For:
Versus
Y
Respondent
x------------------------------------/
COURT OF APPEALS
DIVISION
X
Plaintiff
GR. NO.
For:
Versus
Y
Respondent
x------------------------------------/
REGIONAL TRIAL COURT
X
Plaintiff
GR. NO.
For:
Versus
Y
Respondent
x------------------------------------/
X
Plaintiff
GR. NO.
For:
Versus
Y
Respondent
x------------------------------------/