JOVAN B.

GASCON

Pleadings are the written statements of the respective claims and

defenses of the parties submitted to the court for appropriate judgment (Rule
6, Sec. 1 of the Rules of Court).

Every pleading shall contain in a methodical and logical form, a plain,

concise and direct statement of the ultimate facts, including the evidence on
which the party pleading relies for his or her claim or defense, as the case
may be. If a cause of action or defense relied on is based on law, the
pertinent provisions thereof and their applicability to him or her shall be clearly
and concisely stated. (Rule 8, Sec. 1 of the Rules of Court)

A good pleading is something which is complete so as to avoid

dismissal of the case, waiver of defenses, and to expedite the disposition of
the case by avoiding future amendments.

A good pleading is one which is made as plain and simple as possible,

one which uses plain words and sentences. Many people think that if they
make things complicated and sophisticated they will impress the judge. The
judge will see through this. Judges are more impressed with a simple
pleading, something which can be easily understood. A simple pleading is
also easier to prepare and to present to the court.

A good pleading is also one which is organized. This is the most

important rule. If a pleading is organized, it is easier for the judge to
understand what is going on. Judges like to see facts, not broad general
statements. All events and important facts must be laid down in a
chronological order and it is best if the pleading lays down the exact date and
time of the happening of the event.

A good pleading is also one which is short and concise. In pleading

more does not mean better. Paragraphs and sentence must be short without
ignoring the ultimate facts of the case. A short pleading will allow both the
counsels and the judge to focus on the important matters, which will ultimately
help in the expedient disposition of the case. “A fact is essential if it cannot be
stricken out w/o leaving the statement of the cause of action insufficient.
Ultimate facts are important & substantial facts w/c either directly form the
basis of the primary right & duty, or w/c directly make up the wrongful acts or
omissions of the defendant.” (Tantuico v. Republic, 204 SCRA 428).

A poorly written pleading might cause the dismissal of the case and the
denial of the right of the litigating party. In the case of Bacolod-Murcia Milling
Co., Inc. vs. First Farmers Milling Co., Inc. [103 SCRA 436 (1981)] the court
stated: “Although it is averred that the defendant's acts were done in bad faith,
the Complaint does not contain any averment of facts showing that the acts
were done in the manner alleged. Such a bare statement neither establishes
any right or cause of action on the part of the plaintiff-appellant. It is a mere
conclusion of law not sustained by declarations of facts, much less admitted
by defendants-appellees. It does not, therefore, aid in any wise the complaint
in setting forth a cause of action.”

Defenses and objections not pleaded either in a motion to dismiss or in

the answer are deemed waived (Rule 9, Sec. 1 of the Rules of Court). So in
any case wherein a lawyer was not able to plead any of the defenses or
objections of his client, the right, property and liberty of the latter may be put
at risk.

Pleadings may be amended by adding or striking out an allegation or

the name of any party, or by correcting a mistake in the name of a party or a
mistaken or inadequate allegation or description in any other respect, so that
the actual merits of the controversy may speedily be determined, without
regard to technicalities, in the most expeditious and inexpensive manner (Rule
10, Sec. 1 of the Rules of Court). A party may amend his pleading once as a
matter of right at any time before a responsive pleading is served or, in the
case of a reply, at any time within ten (10) calendar days after it is served.
(Rule 10, Sec. 2 of the Rules of Court). Substantial amendments may be
made only upon leave of court. But such leave shall be refused if it appears to
the court that the motion was made with intent to delay or confer jurisdiction
on the court, or the pleading stated no cause of action from the beginning
which could be amended. Orders of the court upon the matters provided in
this Section shall be made upon motion filed in court, and after notice to the
adverse party, and an opportunity to be heard (Rule 10, Sec. 3 of the Rules of
Court). Although pleadings may be amended as stated above, amending
pleadings have also its limitations. Making amendment to the pleading must
be avoided because it will cause further delay to the determination of the
case.