CIVIL PROCEDURE

PLEADINGS AND MOTIONS

LEIZL A. VILLAPANDO, MBA
JURIS DOCTOR-20201841
MARCH 27, 2021
GENERAL PRINCIPLES OF PLEADINGS
NATURE OF PLEADINGS
 Pleadings are the formal statements by the parties of the operative facts
which constitute their respective claims and defenses (61A Am Jur 2d S1,
1981) .
 Under the Rules of Court, pleadings are the written statements of the
respective claims and defenses of the parties submitted to the court for
appropriate judgment (Sec. 1, Rule 6, Rules of Court).
 Since pleadings are described as described as “written statements,” it is
obvious, that in this jurisdiction, there can be no oral pleadings. Equally clear
in the definition is what pleadings are supposed to contain, i.e. the “claims”
and “defenses” of the parties.
NESSECITY AND PUPOSE OF PLEADINGS

 1. Pleadings are designed to develop and present the precise points in dispute
between the parties. Their office is to inform the court and the parties of the
facts issue. The object of pleadings, in a more restricted and commonly
accepted sense, is to notify the opposite party of the facts which the pleader
expects to prove, so that he may not be misled in the preparation of his case
(61A Am Jur 2d, S3, 1981).
 Pleadings are intended to secure a method by which the issues may be
properly laid before the court (Santiago v. De los Santos, 61 SCRA 145, 150).
CONSTRUCTION OF PLEADINGS

 1. In this jurisdiction, all pleadings shall be liberally construed so as to do substantial

justice (Concrete Aggregate Corporation v. CA, 266 SCRA 88, 95). Pleadings should receive
a fair and reasonable construction in accordance with the natural intendment of the
words. The intention of the pleader is in the controlling in construing the construing a
pleading and should be read in accordance with its substance, not its form. (71 C.J.S.,
Pleading, S 53).
 2. While it is the rule that pleadings should be liberally construed, it is also a rule that a
party is strictly bound by the allegations, admissions made in his pleadings and cannot be
permitted to take contradictory position.
 Thus, it has been held that an admission in the pleadings cannot be controverted by the
party making such admission and conclusive as to him, and that all proofs submitted by
him contrary thereto or inconsistent therewith should be ignored whether objection is
interposed or not (Santiago v. Delos Santos, 61 SCRA 164, 149)
CONSTRUCTION OF AMBIGUOUS
ALLEGATIONS IN THE PLEADINGS
 In case, there are ambiguities in the pleadings, the same must be construed most
strongly against the pleader and that no presumptions in his favor are to be indulged
in. This rule proceeds from the theory that it is the pleader who selects the
language used and if his pleading is open to different constructions, such
ambiguities must be at the pleader’s peril (61 Am Jur, Pleadings, S57).
PLEADINGS ALLOWED BY THE RULES OF
COURT (BAR 1996)
 The following are the pleadings allowed by the Rules of Court:
a. Complaint
b. Answer
c. Counterclaim
d. Crossclaim
e. third (fourth, etc.)-party complaint
f. Complaint-in-intervention; and
g. Reply ( Sec. 2, Rule 6, Rules of Court)
PLEADINGS ALLOWED UNDER THE
SUMMARY OF PROCEDURE
 When a case falls under the Rules of Summary Procedure, the only pleadings
allowed to be filed are:
 (a) complaint;
 (b) compulsory counterclaim pleaded in the answer;
 (c) cross-claim pleased in the answer; and
 (d) answers thereto(Sec 3[A], II, Rules on Summary Procedure)

The same are only pleadings allowed in actions for forcible entry and unlawful
detainer (Sec. 4, Rule 70, Rules of Court), such actions being governed by the rule on
summary procedure, irrespective of the amount of damages and rentals sought to be
recovered (Sec. 3, Rule 70 of the Rules of Court).
PLEADINGS IN THE RULE OF PROCEDURE
FOR SMALL CLAIMS
 1. Following the Rule of Procedure for Small Claims Cases ( A.M. No. 08-8-7-
SC), the pleadings are expressed in specific forms describe therein.
 For instance, instead of filing a complaint, as in an ordinary civil action, a
small claims action is commenced by filing with the court of an accomplished
and verified Statement of Claim (Form 1- SCC). No other formal pleading is
necessary to initiate a small claim actions (Sec. 6, Rule of Procedure for
Small Claims Cases, A.M. NO. 08-8-7– SC)
PLEADINGS IN THE RULE OF PROCEDURE
FOR SMALL CLAIMS
 The following pleadings and petitions shall not be allowed in the cases
covered under the Rule of Procedure for Small Claims Cases:
 (a) Petition for relief from judgement;
 (b) Petition for certiorari, mandamus, pr prohibition against any interlocutory order
issued by the court;
 (c) Reply;
 (d) Third-party complaints; and
 (e) Interventions (Sec. 16, Rule of Procedure for Small Claims Cases, A.m. No. 08-8-
7-SC).
PLEADINGS IN THE RULES OF PROCEDURE
FOR ENVIRONMENTAL CASES
 1. The pleadings that may be filed are the:
 Complaint;
 Answer which may include a compulsory counterclaim and crossclaim
(Sec. 1, Rule II, Rules of Procedure for Environmental Cases (A.M., No. 09-6-8-SC).
A reply and a rejoinder and a third-party complaint are prohibited pleadings (Sec. 2,
Rule 2, Part II, Rules of Procedure for Environmental Cases, A.M. 09-6-8-SC).

2. A pleading in intervention may also be filed in a citizen suit. Under Sec. 5, Rule 2 of
the Rules of Procedure For Environmental Cases, upon the filing of a citizen suit, the
court shall issue an order requiring all interested parties to manifest their intention to
intervene in the case within 15 days from notice.
NATURE OF PLEADING; HOW
DETERMINED
 1. It is axiomatic that the nature of the an action is determined by the
allegations of the complaint or petition and the character of the relief sought
(Sanchez v. People, G.R. No. 204589, November 19, 2014) and not its title
(Fong v. Duenas, G.R. No. 185592, June 15, 2015).
PARTS OF A PLEADING
CAPTION OF THE PLEADING
 The caption contains the following:
a. Name of the court;
b. Title of the action; and
c. Docket number, if assigned (Se. 1, Rule 7, Rules of Court).
TITLE OF THE ACTION

 The title of the action contains the names of the parties whose participation
in this case shall be indicated. This means the parties shall be indicated as
either the plaintiff or defendant. They shall be named in the original
complaint or petition; but in subsequent pleadings, it shall be sufficient if the
name of the first party n each side be stated with an appropriate indication
whether there are other parties (Sec. 1, Rule 7, Rules of Court). Example:
Pedro Reyes , et.al.
BODY OF THE PLEADING

 1. The body of the pleading sets forth sets forth its designation, the
allegations of the party’s claims or defenses, the relief prayed for, and the
date of the pleading( Sec. 2, Rule 7, Rules of Court).
 2. The allegations in the body of the pleading shall be divided into paragraphs
and shall be so numbered for ready identification. This numbering scheme is
significant because in subsequent pleadings, a paragraph may referred to only
by its number without need for repeating the entire allegations in the
paragraph. Each paragraph shall contain a statement of a single set of
circumstances so far as that can be done with convenience (Sec.2, Rule 7,
Rules of Court).
Headings; designation of causes of
action joined in one complaint
 When two or more causes of action are joined, the first cause of action shall
be prefaced with the two words, “first cause of action”, of the second cause
of action by the words, “second cause of action,: and so on for the others
(Sec. 2, Rule 7, Rules of Court).
ALLEGATIONS OF ULTIMATE FACTS

 1. Every pleading, including the complaint, is not supposed to allege

conclusions. A pleading must only aver facts because conclusions are for the
courts to make. Thus, it was clearly declared by the Court that a “bare
allegation that one is entitled to something is not an allegation but a
conclusion (Lim v. Gamosa, G.R. No. 193964, December 2, 2015).
 2. The rule requires that a pleading need only contain allegations of
“ultimate facts” i.e. the facts essential to a party’s cause of action or
defense (Sec. 1, Rule 8, Rules of Court) or such facts as are so essential that
they cannot be stricken out without leaving the statement of the cause of
action inadequate( Canete v. Genuinico Ice Company, 542 SCRA 206, 217).
 The ultimate facts are to be stated in a methodological and logical form, and
in a plain, concise and direct manner (Sec. 1 Rule 8, Rules of Court).
RELIEF

 1. Following the averments of the cause of action of the plaintiff, the

complaint must contain a statement of the relief south from the court and to
which he believes he is entitled. This portion of the complaint is oftentimes
referred to as the “prayer”.
 2. Sec. 2(c), Rule 7, requires that the pleading shall specify the relief sought.
It is a settled rule that a court cannot grant a relief not prayed for in the
pleadings or in excess of the being sought (Phil. Airlines, Inc. v. Phil. Airlines
Employees Savings and Loan Association, Inc. G.R. NO. 201071, February 10,
2016).
RELIEF

 However, although the rules mandates that the relief prayed for be specified,
the same rule allows a pleader to include a “general prayer for such further
or other relief as may be deemed just or equitable” (Sec. 2[c] Rule 7, Rules of
Court0. Because of the rule allowing the inclusion of the Rules of Allegations
and the proof even if it is not specifically sought for by the injured party ; the
inclusion of a general prayer may justify the grant of a remedy different from
or together with the specific remedy sought, if the facts alleged in the
complaints and the evidence so warrant” ( Prince Transport Ic. V. Garcia, 639
SCRA 312).
SIGNATURE AND ADDRESS

 Every pleading must be signed by the plaintiff or counsel representing him

stating in either case his address. This address should not be a post office box
(Sec. 3, Rule 7, Rules of Court).
 In the absence of a proper notice to the court of a change of address, service
upon the parties must be made at the last address of their counsel or record
(Garrucho v. CA, 448 SCRA 165, 172).
 A signed pleading is one that is signed either by the party himself or his
counsel. Sec. 3, Rule 7 is clear on the this matter. It requires, that a
pleading must be signed by the party himself or his counsel operates to
validly convert a pleading from one that is unsigned to one that is signed
(Republic v. Kendrick Dev’t. Corp., 498 SCRA 220, 229).
EFFECT OF AN UNSIGNED PLEADING

 The signature in a pleading is important for it to have to have a legal effect.

Under the Rules of Court, sect 3, Rule 7, “an unsigned pleading produces no
legal effect.” The court, however, is unauthorized to allow the pleader to
correct the deficiency if he shows to the satisfaction of the court, that the
failure to sign the pleading was due to mere inadvertence and not intended
for delay (Sec. 3, Rule 7, Rules of Court).
SIGNIFICANCE OF THE SIGNATURE OF
THE COUNSEL (BAR 1996, 2013)
 1. The signature of the counsel in a pleading is significant. His signature
constitutes a certificate by him that (a) he has read the pleading, (b) that to
the best of his knowledge, information and belief, there is a good ground to
support it, and (c) that it is not interposed for delay (Sec. 3 Rule 7, Rules of
Court).
 A counsel’s signature is such as an integral part of a pleading that a failure to
comply with this requirement reduces a pleading to a mere scrap of paper
totally bereft of legal effect (Intestate Estate of Jose Uy v. Maghari III, A.C.
No. 10525, Sept. 1, 2015).
WHEN A COUNSEL IS SUBJECCT TO DISCIPLINARY
ACTION IN CONNECTION WITH PLEADINGS

 A counsel shall be subject to disciplinary action in the following cases:

a. When he deliberately files an unsigned pleading;
b. When he signs a pleading in violation of the Rules;
c. When he alleges in the pleading scandalous or indecent matter; or
d. When he fails to promptly report to the court a change of his address (Sec. 3, Rule
7, Rules of Court).
VERIFICATION IN A PLEADING (BAR 2018)

 Pleadings need not be under oath, verified or accompanied by affidavit,

except when so required by law or rule. (Sec. 4, Rule 7, Rules of Court).
 Examples:
 The statement of claim in a small claims cases requires verification.
 All pleadings in forcible entry and unlawful detainer actions need to be verified.
 Petitions for certiorari, prohibition, mandamus require a verification (Sec. 1-3,
Rule 65 of the Rules of Court).
 Petition for quo warranto
 A complaint in an environmental case must also be verified.
HOW A PLEADING IS VERIFIED

 1. A pleading is verified by an affidavit. This affidavit declares that:

 A affiant has read the pleading; and
 The allegations therein are true and correct of his personal knowledge or based on
authentic records (Sec. 4, Rules 7, Rules of Court as amended by A.M. No. 00-2-10)
 A verification cannot be based on mere “belief”. The amendment to Sec. 4, Rule 7
remove any reference to ‘belief’ to ensure that the pleading is based on facts, not
on mere imagination (CIR v. Apo Cement Corp., G.R. No. 193381) Feb. 8, 2017)
 Thus, a verification based on “information and belief” or upon “knowledge,
information and belief” shall be treated as unsigned pleading (Sec. 4, Rules 7,
Rules of Court).
HOW A PLEADING IS VERIFIED

 2. The verification requirement is “deemed substantially complied with when

one who has an ample knowledge to swear to the truth of the allegations in
the complaint of petition and when the matters alleged in the petition signs
the verification, and when matters alleged in the petition have been made in
good faith or are true and correct” (Vda. De Formoso v. Phil. National Bank,
650 SCRA 35, 44).
SIGNIFICANCE OF VERIFICATION

 The verification requirement is significant as it is intended to secure an

assurance that the allegations in a pleading are true and correct and not the
product of the imagination or a matter of speculation, and that the pleading
is filed in good faith (Sarmiento v. Zaratan, 514 SCRA 246, 257).
EFFECT OF LACK OF VERIFICATION OR OF
A DEFECTIVE VERIFICATION (BAR 2011)
 1. A pleading required to be verified but lacks the proper verification shall be
treated as an unsigned pleading (Sec. 4, Rule 7, Rules of Court).
 Hence, it produces no legal effect (Sec. 3, Rule 7, Rules of Court.
 It has however, been held that the absence of a verification, or the non-
compliance with the verification requirement does not necessarily render the
pleading defective. It is only a formal and not jurisdictional requirement. The
requirement is a condition affecting only the form of the pleading (Benguet
Corporation v. Cordillera Carballo Mission, Inc. 469 SCRA 381)
OTHER REQUIREMENT

 All pleadings, motions and papers filed in court by counsel shall bear, in
addition to his current Professional Tax Receipt Number (PTR), his current IBP
Official Receipt Number indicating its date of its issue. Pleadings and
motions, and papers which do not comply with this requirement may not be
acted upon by the court, without prejudice to whatever disciplinary action
the court may take against the erring counsel, who shall likewise, be required
to comply with the requirement within five days of notice. Failure to do
comply with such requirement shall be a ground for further disciplinary
sanction and contempt of court (Circular NO. 10, July 24, 1985, Bar Matter
No. 287, Sept. 26, 2000).
CERTIFICATION AGANIS FORUM
SHOPPING
 1. The certification against forum shopping is a sworn statement in which
plaintiff or principal party certifies in a complaint or initiatory pleading to the
following matters:
 That he has not commenced any action or filed any claim involving the same issues
in any court, tribunal, or quasi-judicial agency, and to the best of his knowledge,
no such other action or claim is pending therein;
 That if there is such pending action or claim, a complete statement of the present
status thereof; and
 That if he should thereafter learn that the same or similar action or claim has been
filed or is pending, he shall report that fact within five days therefrom to the court
wherein his aforesaid complaint or initiatory pleading has been filed (Sec. 5, Rule
7, Rules of Court).
PURPOSE OF THE CERTIFICATION

 1. The certification constitutes an assurance given to the court or other

tribunal that there are no other pending cases involving basically the same
parties, issues and causes of action (Uy v. CA, G.R. No. 173186, Sept. 16,
2015).
 The purpose of prohibiting forum shopping is also to prevent contradictory
decisions of two or more courts on the same controversy (Belo Medical Group,
Inc. vs. Santos, G.R. No. 185894, August 30, 2017).
MEANING OF FORUM SHOPPING

 1. Forum shopping is act by a party of repetitively availing several judicial

remedies in different courts, simultaneously or successively, all substantially
founded on the same transactions and same essential facts or circumstances,
and all raising substantially the same issues either in pending or already
resolved adversely by some other court (Ortigas and Company Limited
Partnership vs. Velasco, G.R. No. 109645, January 21, 2015).
MEANING OF FORUM SHOPPING

 2. Specifically, there is forum shopping where there exist:

a. Identities of parties, or at least such parties as represent the same interests in
both actions;
b. Identity of rights asserted and relief prayed for, the relief being founded on the
same facts; and
c. The identity of the two preceding particulars is such that any judgement rendered
in the pending case, regardless of which party is successful, would amount to res
judicata in the other case (Young vs. Sps Sy, 503 SCRA 151, 166).
THREE WAYS OF COMMITTING FORUM
SHO
1. Filing multiple cases bases on the same cause of action and with the same
prayer, the previous case not having been resolved yet (where the ground for
dismissal is litis pendentia);
2. Filing multiple cases based on the same cause of action and the same prayer,
the previous case having been finally resolved (where the ground for dismissal
is res judicata);
3. Filing multiple cases based on the same cause of action but with different
prayers (splitting of causes of action where the ground for dismissal is also
either litis pendencia or res judicata) (Commisioner of Cusotms v. Pilipinas
Shell Petroleum Corportation, G.R. No. 205002, April 20, 2016).
WHO EXECUTES THE CERTIFICATON
AGAINST FORUM SHOPPING (BAR 2000)
 It is the plaintiff or principal party who executes the certification under oat
(Sec. 5, Rule 7, Rules of Court).
 It must be executed by the party-pleader not by his counsel. If however,
justifiable reasons, the party-pleader is unable to sign, he must execute an
SPA designating his counsel of record to sign in his behalf ( Uy vs. CA, G.R.
No. 173186, Sep.16,2015).

RULE IF THERE ARE SEVERAL PLAINTIFFS
OR PETITIONERS; EXCEPTIONS (BAR 2016)
 1. The certification against forum shopping must be signed by all the
plaintiffs in a case; otherwise, those who did not sign will be dropped as
parties to the case. Under reasonable or justifiable circumstances, however,
as when the plaintiffs or petitioners share a common interest and invoke a
common cause of action or defense, the signature of only one of them
complies with the rule ( Vda. De Fomoso v. PNB, 650 SCRA 35, 44-45).
EFFECTS OF NON-COMPLIANCE WITH THE RULE ON
CERTIFICATION AGAINST FORUM SHOPPING (BAR 1996)

1. A violation of the rule requiring certification against forum shopping does not
authorize the court to dismiss a case on its own motion or initiative (De Leon
v. Chu, G.R. No. 1861522, Sept. 2, 2015) The rule requires that the dismissal
be upon motion and after hearing (Sec. 5, Rule 7, Rules of Court).
EFFECT OF SUBMISSION OF A FALSE
CERTIFICATION
 Under the rules, the submission of a false certification shall constitute
indirect contempt of court without prejudice to the corresponding
administrative and criminal sanctions (Sec. 5, Rule 7, Rules of Court)
EFFECT OF NON COMPLIANCE WITH THE
UNDERTAKINGS
 Failure to comply with the undertakings in the certification against forum
shopping has the same effect as the submission of a false certification (Sec. 5,
Rule 7, Rules of Court).
 Hence, such failure shall constitute indirect contempt of court without
prejudice to the corresponding sanctions (Sec. 5, Rule 7, Rules of Court). The
criminal sanction would apply to the submission of false certification.
Allegations in Pleadings
pages 304- 331
Dee – Vee Ann R. Fercol
Allegations of conditions precedent

Common Usage – refers to conditions precedent as

matters which must be complied with before a cause of action
arises .
When a claim is subject to a condition precedent , its
compliance or performance is not sufficient. The compliance
of the same must be alleged in the complaint or petition .
 The following are examples of
conditions precedent :

a) A tender of payment is required before making a consignation .

b) Exhaustion of administrative remedies is required in certain cases before
resulting to judicial action .
c) Prior resort to barangay conciliation proceedings is necessary in certain
cases .
d) Earnest efforts toward a compromise must undertaken when the suit is
between members of the same family and if no efforts were in fact made , the
case must be dismissed .
e) Arbitration maybe a condition precedent when the contract between the parties
provides for arbitration first before recourse is made to judicial remedies .
 Effect of failure to comply with a condition precedent

The failure to comply with a condition

precedent in an independent ground for a
motion to dismiss : That a condition precedent
for filing the claim has not been complied
with . To reiterate , such compliance must be
alleged in the pleading .
 Pleading a Judgment

In pleading a judgement or decision of a domestic or foreign court , judicial or

quasi – judicial tribunal , or a board or officer , it is sufficient to ever the judgment or
decision .
There is no need to allege matters showing the jurisdiction to render the
judgment or decision . The above rule is consistent with the evidentiary presumption
that a “ court or judge acting as such , whether in the Phil. or elsewhere was acting
in the lawful exercise of jurisdiction “.
That jurisdiction is presumed is , however only a disputable not a conclusive
presumption , a defending party is allowed to file a motion to dismiss for lack of
jurisdiction over the subject matter of the claim . Even the court , on its own motion
is authorized to dismiss the claim on the same ground .
 Pleading an official document or act

In pleading an official document , it is sufficient to aver that the document

was issued in compliance with law. With respect to an official act , it is like
wise sufficient to allege that the act was done also in compliance with law.
Note that , under the Rules of evidence , the written officials acts or
records of official acts of the sovereign authority , official bodies and tribunals
and public officers whether of the Philippines or of a foreign country are for
the purpose of their presentation in evidence , considered public documents .
Public documents are admissible in evidence without further proof of their
due execution and genuineness and has in their favor the presumption of
regularity .
 Pleading capacity to sue or be sued

Facts showing the capacity of a party to sue or to be sued

must be averred . If a party is suing or sued in a
representative capacity , his authority must also be averred .
If a party is an organized association of persons, its legal
existence must likewise be averred .
 Pleading fraud , mistake or condition of the
mind

1. When making averments of fraud or mistake, the circumstances

constituting such fraud or mistake must be stated with particularity .
The provision clearly suggests that it is not enough , therefore for
the complaint to allege that the plaintiff was defrauded by the
defendant . Under this provision , the complaint must state with
particularity the fraudulent acts of the adverse party . These
particulars which would necessarily include the specific acts or fraud
committed against the plaintiff would help apprise the judge of the
kind of fraud involved in the complaint .
 Note that in the Philippines , there are various types of
frauds each has its own legal effects.
2. Malice , intent , knowledge or other conditions of the
mind of a person may be averred generally , Unlike in fraud or
mistake , they need not be stated with particularity .
The rule is borne out of human experience . It is difficult to
state the particulars constituting these matters . Hence a
general averment is sufficient .
 Pending alternative causes of actions or
defenses

1. Under Sec . 2 of Rule 8 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 a separate cause of
action or defenses .
2. The subject provision recognizes that the liability of the
defendant may possibly be based on either one or two of more
possible causes of action .
3. The same provision has affinity to the rule which
authorizes suing two or more defendants in the alternative .
 4. Pleading alternative causes of action normally leads to inconsistent claims .
For instance , the elements of a cause of action based on a contractual theory are
inconsistent with those of a cause of action based on a quasi – delict .
Under Sec. 2 of Rule 8 , this situation is permissible as along as the
allegations pleaded within a particular cause of action are consistent with the cause
of action relied upon an alternative . Thus , if the alternative cause of action is a
breach of contract , the allegations therein must support the facts constituting the
breach of the contract .
 5. Under the same provision , the pleading which contains alternative causes of action is not
made insufficient by the insufficiency of one or more of the alternatively statements a long as one
of them , is made independently , would be sufficient.
This means that the rule does not require that all of the alternative causes of action be
sufficient for the plaintiff to be entitled to a relief . It is not enough that one of them if made
independently would be sufficient to support a cause of action .
The relevant rule provides : “ 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 by the
insufficiency of one or more of the alternative statements “.
 6. Sec. 2 of Rule 8 authorizes not only alternative causes
of action. The rule, likewise , permits alternative defenses .
Under said rule , a party may set forth two or more defenses
alternatively or hypothetically . Thus , a defendant may assert
the defense of payment of the debt or prescription thereof .
The rule allowing alternative defenses is consistent with
even the Omnibus Motion Rule which requires that all
motions attacking a pleading shall include all objections then
available and all objections not so included shall be deemed
waived .
 Pleading actionable documents

A substantial number of cases reaching the courts show that the plaintiff's
cause of action or the defendant cause of action or the defendant’s defense is based
upon a written instrument or document .
The document used in such cases is what is commonly termed an “ actionable
document “ which in current usage is an instrument or document on which an action
or defense is founded .
Whenever an actionable document is the basis of a pleading , the rule
specifically directs the pleader to :
a) set forth in the pleading the substance of the instrument or document and
attach the original copy or the copy of the document to the pleading as an
exhibit and which shall form part of the pleading ;
 b. ) with like effect , to set forth in the pleading said copy of
the instrument or document. This manner of pleading a
document applies only to an actionable document , i.e., one
which is the basis of an action or a defense . Hence , if the
document does not have the character of an actionable
document , it need not to be pleaded strictly in the manner
prescribed by Sec . 7 of Rule 8 .
 How to contest an actionable document ; oath required

1. When and action is founded upon a document pleaded in the

manner required by Sec. 7 of the Rule 8 , the party who has no
intent of admitting the genuineness and due execution of the
documents must contest the same by
a) Specifically denying the genuineness and due execution of the
document under oath ; and
b) Setting forth what he claims to be facts
The absence of an oath will result in the implied admission of the
due execution and genuineness of the document .
 When an oath is not required

The requirement of a specific denial under oath will not

apply in either of the following cases , even if it is the
genuineness and due execution of the document is sought to
be denied .
a) When the adverse party does not appear to be a party to
the instrument , or
b) When compliance with an order for an inspection of the
original instrument is refused .
 Meaning of admission

By the admission of the genuineness and due execution of

an instrument is meant that the party whose signature it
bears admits that he signed it or that it was signed by
another for him with his authority ; that , at the time it was
signed it was in words and figures exactly as set out in the
pleadings of the party replying upon it ; that the document
was delivered and that any formal requisite required by law
such as seal ,a acknowledgment or revenue stamp which it
lacks are waived by him .
Defense cut off by the admission of genuineness
and due execution

When a party is deemed to have admitted the

genuineness and due execution of an actionable document ,
defenses that are implied from said admission are necessarily
waived like the defense of forgery of the document , lack of
authority to execute the document , that the party charged
signed the document in some other capacity than that alleged
in the pleading or that the document was never delivered .
Also cut off by the admission is the defense that the document
was not in words and figures as set out in the pleadings .
 Defenses not cut off by the admission of
genuineness and due execution

The following defenses among others may be interposed

despite the implied admission of the genuineness and due
execution of the document :
a. Payment or non- payment ;
b. Want of consideration
c. Illegality of consideration
d. Usury
e. Fraud
 These defenses are not inconsistent with the admission of
the genuineness and due execution of the instrument and not
, therefore barred . It is submitted that prescription , release
,waiver . Statute of frauds , estoppel and former recovery or
discharge in bankruptcy are not likewise barred these
defenses having no direct relationship to the concepts of “
genuineness and due execution “ .
D. Filing and service of pleadings , judgements and other
papers in civil cases

Meaning of “filing “

Filing is the act of presenting the pleading or other paper to the clerk of court .

Meaning of “ service “

Service is the act of providing a party with a copy of the pleading or papers
concerned .
 Upon whom service shall be made

If a party has not appeared by counsel , when service must be made upon him
. If a party ahs appeared by counsel then service upon said party shall be made
upon his counsel or one of them , unless service upon the party himself is ordered
by the court .
The rule is that when a party is represented by counsel in an action in court ,
notices of all kinds including motions pleadings and orders must be served on said
counsel and notice to him is notice to the client .
Notice to the counsel is effective notice to the client ,while notice to the client
and not his counsel is not a notice of law , unless for instance when the court or
tribunal orders service upon the party or when the technical defect in the manner
of notice of waived .
 Subject to compelling reasons involving substantial justice , service of a petiion
upon a party when that party is represented by counsel of record is a patent of
nullity and is not binding upon the party wrongfully served .
The parties generally , have no formal education of knowledge of the rules of
procedure , specifically the mechanics of an appeal or availment of legal
remedies ; thus may also be unaware of the rights and duties of the litigant relative
to the receipt of a decision . More Importantly it is best for the courts to deal only
with one person in the interest of orderly procedure –either the lawyer retained by
the part or the party himself if he does not intend to hire a lawyer .
 Service upon counsel representing several
parties

Where one counsel appears for several parties , services shall be made upon
said counsel but he is entitled only to one copy of any paper served upon him by
the opposite side . Hence , if he represents three parties in the same case , he
cannot insist on being served with three copies of the paper served upon him.
 Manner of filing

1. There are two modes of filing , to wit :

a) By presenting the original copy of the pleading notice , appearance , motion ,
order or judgment personally to the clerk of court ; or
b) By registered mail
c) In the first mode , the clerk of court shall indicate or endorse on the pleading or
paper filed the date and hour of filing .
2. In the first mode , the clerk of court shall indicate or endorse on the pleading or
paper filed the date and hour of filing.
3. In the second mode , the date of mailing , as shown by the post office stamp on the
envelope or registry receipt shall be considered as the date of filing , payment or
deposit in court . The rule also requires that the envelope be attached to the record of
the case .
 4. Under Sec .3 Rule 13 of the Rules of Court , where the filing of
pleadings ,a appearances , motions , notices , orders judgements and all other
papers with the court / tribunal is made by registered mail , the date of mailing
as shown by the post office stamp on the envelope or the registry receipt , shall
be considered as the date of filing or deposit in the court .
thus , the date of fling is determinable from two sources : from the post
office stamp on the envelope or form the registry receipt , either of which may
suffice to prove the timeliness of the filing of the pleadings .
If the stamped on one is earlier than the other, the former may be
accepted as the date of filing . This presuppose , however that the envelope or
registry receipt and the dates appearing thereon are duly authentically before
the tribunal where they are presented .
 How to prove filing

1. The filing of a pleading or paper shall be proved by its existence in the

record of the case . If it is not in the record but is claimed to have been filed
personally the filing shall be proved by the written or stamped
acknowledgement of its filing by the clerk of court on a copy of the same .
2. If the pleading or paper is filed by registered mail , proof of filing is the
registry receipt and the affidavit of the person who did the mailing , containing a
full statement of the date and place of depositing the mail in the post office in a
sealed envelope addressed to the court , with postage fully prepaid and with
instructions t ot the postmaster to return the mail to the sender after 10 days if
not delivered .
 Papers required to be filed and served

The following papers are required to be filed with the court and served upon the parties affected :
a) Judgments
b) Resolutions
c) Orders
d) Pleadings subsequent to the complaint
e) Written motions
f) Notices
g) Appearances
h) Demands
i) Offers of judgment or
j) Similar papers
 Modes of Service

Under Sec. 5 of Rule 13, there are two modes of service of pleadings ,
motions , notices , orders judgements and other papers :
a. Personally or
b. by mail .
c. However , if personal service and service mail cannot be made , service shall
be done by constituted service .
 Service judgements , final orders or
resolutions

Specifically , when what is to be served are judgements final orders or

resolutions , the same shall be served either :
a) Personally
b) By registered mail
When a party summoned by publication has failed ti appear in the action ,
judgments , final orders or resolutions against him shall be served upon him also
by publication .
 Personal service ; priority in modes of service
and filing

There are priorities to be flowed in the modes of service and filing . The
service and filing of pleadings and other papers shall be done personally
whenever practicable . This is the preferred mode of service .
If another mode of service is used other than personal service it must be
accompanied by a written explanation why the service or filing was not done
personally , Exempt form this explanation are the service of papers emanating
from the court . A violation of this explanation requirements may be cause for
the paper to be considered as not having been filed .
When personal service is deemed complete

Upon actual delivery personal service is deemed complete .

 Service by mail

1. The preferred service by mail is the registered mail. Service by ordinary mail
maybe done only if no registry service is available in the locality of either the sender or
the addressee.
2. Service by registered mail shall be done by depositing the copy in the post office
, in a sealed envelope , plainly addressed to the party or his counsel at his office if
known or otherwise at his residence if known with postage fully prepaid and with
instructions to the postmaster to return the mail to the sender after 10 days if not
delivered .
Service by registered mail is proved by the registry receipt issued by the mailing
office and an affidavit of the person mailing of facts showing compliance with the
rule . Both affidavit and the receipt need to be appended to the paper being served .
 3. When service of notice is an issue , the rule is that the
person alleging that the notice was served must prove the fact
of service . The burden of proving notice rests upon the party
asserting its existence .
In civil cases , service made through registered mail is
proved by the registry receipt issued by the mailing office and
an affidavit of the person mailing of facts showing compliance
with Sec. 13 Rule 13 of the 1997 Rules on Civil Procedure .
 When service by mail is deemed complete

1. Service by ordinary mail is complete upon the expiration of 10 days after

mailing , unless the court otherwise provides .
2. Service by registered mail is complete upon actual receipt by the
addresses or after 5 days from the date he received the first notice of the
postmaster whichever id earlier .
 Substituted service

1. This mode is availed of only when there is failure to

effect service personally or by mail . The failure occurs when
the office and residence of the party or counsel are
unknown .
2. Substituted service is effected by delivered the copy to
the clerk of court , with proof of failure of both personal service
and service mail .
 How to prove service

Proof of personal service shall consist of the written admission of

the party served .It may also be proven by the official return of the
server or the affidavit of the party serving containing full information of
the date , place and manner of service.
If the service is by ordinary mail the proof shall consist of such
affidavit of the person mailing and the registry receipt issued by the
mailing office . The registry return card is to be filed immediately upon
its receipt by the sender or in lie thereof the unclaimed letter together
with the certified or sworn copy of the notice given by the postmaster
to the addresse.
 Absent any proof of service of the decision , the period of
15 days within which a party may file its motion for new trial
does not begin to run against such party . However , that it
received the copy of the decision on a certain date despite
absence of proof of service that date would be the reckoning
date of the 15 – day period .
 E. Kinds of Pleadings
1. Complaint

Meaning of complaint

The complaint is the pleading alleging the plaintiffs cause

or causes of action . The rule requires that the complaint need
only allege the ultimate facts or the essential facts constituting
the plaintiff's cause of action .
 Filing of the complaint ; significance

The filing of the complaint is the act of presenting the said complaint to the
clerk of court . For the purpose of filing the original must be presented personally to
the clerk of court or sent by registered mail .
The filing of the original complaint in court signifies the commencement of the
civil action . By filing of the complaint the court also acquires jurisdiction over the
person of the plaintiff . Submission to the jurisdiction of the court is implied from the
very filing of the complaint where the affirmative relief is prayed for by the plaintiff,
It has the effect of interrupting the prescription of actions pursuant to Article 115 of
the Civil Code of the Phil. Under the said provision “ xxx the prescription of action
is interrupted when they are filed before the court xxx “.
 Payment of docket fess

It is not simply the filing of the complaint or appropriate initiatory pleading but
the payment of the prescribed docket fee , that vests a trial court with jurisdiction
over the subject matter or nature of the action . The court acquires jurisdiction
over the case only upon the payment of the prescribed docket fees .
The rule on payment of docket fee has in some instances been made subject
to the rule on liberal interpretation.
3. In the case f the Heis of Reinoso , Sr.v. Court of Appeals 654 SCRA 1, 9 -10 it
clearly summarizes the rule on payment of docket fees :
“ The rule is that payment in full of the docket fees within the prescribed
period is mandatory “.
 4. One case holds that while the court acquires jurisdiction over any case
only upon the payment of the prescribed docket fees , its non – payment at the
time of the filing of the complaint does not automatically cause the dismissal of the
complaint provided that :
a. The fees are paid within a reasonable time
b. There is no intent to defraud the government by the failure to pay the correct
amount of filing .
 Effect of failure to pay docket fee on
supplemental complaint

In a case the respondent argued that the failure of the plaintiff to pay the filing
of the fees on the supplemental complaint is fatal to their action . The court ruled
that the trial court acquired jurisdiction over plaintiffs' action from the moment they
filed their original complained accompanied by the payment of the filing fees due
on the same . The plaintiff’s non – payment of the additional fees due on their
additional claims did not divest the RTC of the jurisdiction it already had the case .
 Payment of docket fees for cases on
appeal

The Rules of Civil Procedure as amended which took effect on July 1, 1997
now requires that appellate docket and other lawful fess must be paid within the
same period for taking an appeal . This is clear from the opening sentence of
Sec.4 Rule 41 of the same rule that , “ Within the period for taking an appeal , the
appellant shall pay to the clerk of court which rendered the judgement or final order
appealed from the full amount of the appellate court docket and other lawful fees.
Note that the appellate docket fee is not paid in the appellate court but in the court
which rendered the judgement of final order .
The Supreme Court has consistently held that payment of docket fe within the
prescribed period is mandatory for the perfection of the appeal . Without such
payment the appellate court does nit acquire jurisdiction over payment , the
appellate court does not acquire jurisdiction over the subject matter of the action
and the decision sought to be appellate from becomes final and executory .
 Hence non -payment is a valid ground for the dismissal of the appeal .
However , delay in payment of the docket fees confers upon the court a
discretionary not mandatory power to dismiss an appeal.
 2. Answer

Nature of an answer
Recall that the initial pleading in ordinary civil actions , is the complaint in which the
plaintiffs sets forth his claims or claims against the defendant and also his prayer for
relief . Now when the complaint is filed, and the requisite legal fees are paid the clerk of
court issues the corresponding summons to the defendant . The summons instructs the
defendant to answer the complaint within the time fixed by the Rules .
The defendant upon the service of the summons upon him may avail of certain
options depending on the situation . He may file motion for bill of particulars if there are
allegations in the complaint that requires clarification or details so he may be able to
intelligently respond to the complaint , he may also file a motion to dismiss if a ground
exists for the immediate dismissal of the complaint . If no ground for either motion exits
the wiser move is to serve and file his answer to the complaint to prevent his being
declared in fault .
 The answer is a pleading in which a defending party sets forth his defenses.

This pleading maybe an answer to the complaint, counter claim or a cross –

claim. There is no answer to a reply but there could be an answer to a third – party
complaint or complaint –in –intervention. Since the answer merely responds to a
claim, an answer is called a “ responsive “ pleading.
 Kinds of defenses in answer

1. An answer contains the defenses of the answering party . These defense may
either be negative or affirmative .
2. A defense is negative when its purpose is to specifically deny the material
averments in the pleading of the claiming party .
Under the rules ,a negative defense is the specific denial of the material fact of
facts alleged in the pleading of the claimant essential to his cause of action or
defense .
A negative defense is stated in the form of a specific denial and the kinds of
specific denials are described in Sec.1 0 of Rule 8 . If the denial is not one of those
described under the said provision the denial is deemed to be general. A general
denial is considered an admission .
2. A defense is affirmative when its purposes is to prevent or bar recovery by the
claiming party even if it hypothetically admits the material allegations in the
pleading of the claimant . It is therefore , a defense by way of confession of the
avoidance .
The affirmative defense include fraud , statute of limitations , release ,
payment , illegality , statutes of fraud m estoppel , former recovery , discharge in
bankruptcy and any other matter by way of confession and avoidance .
 Effect of absence of a specific denial

By authority of Sec.11 of Rule 8 , the material averments in the complaint not

specifically denied shall be deemed admitted except averments of the amount of
unliquidated damages .
If the allegations are deemed admitted there is no more triable issue between
the parties and if the admissions appear in the answer of the defendant the plaintiff
may file a motion for judgement in the pleadings pursuant to Rule 34.
The trial court may render a judgement on the pleadings upon motion of the
claiming party when the defending party’s answer fails to tender an issue or otherwise
admits the material allegations of the adverse party’s pleadings . For that purpose only
the pleadings of the parties are to be generally considered.
A party admits the material allegations of the adverse party’s pleading not only
when he expressly confesses the truth of such allegations but also when he does not
controvert the same by specific denials .
 Purpose of a specific denial

1. It is the specific denial of the material allegations in the complaint which

creates the issues in civil litigations .

2. Jurisprudentially , the purpose of requiring the defendant to make a specific

denial is to make him disclose the matters alleged in the complaint which he
succinctly intends to disprove at the trial together with the matter which he relied
upon the support of denial . The parties are compelled to lay their cards on the
table .
 Kinds of specific denials

A generally denial does not become specific by the use of the word “
specifically “ . Merely uttering “ specific denial is ineffective if the denial provided
does not conform to the methods of denial provided by the Rules of Court . Using
specifically in a general denial does not automatically convert that denial to a
specific one .
The denial in the answer must be definite as to what is admitted and what is
denied , such that the adverse party will not have to resort to guesswork over what
is admitted and what is denied .
 Three types of specific Denials
( Sec. 10 of Rule 8 of the Rules of Court )

a. Absolute denial
The defendant specifies each material allegation of fact the truth of which he does
not admit and whenever practicable ,sets forth the substance of the matters upon
which he relies to support his denial .
b. Partial denial
The defendant does not make a total denial of the material allegations in a
specific paragraph . In this type of denial he denies only a part of the averment . If he
chooses this type of denial he specifies that part the truth of which he admits and
denies only the remainder .
c. Denial by disproval of knowledge
The defendant alleges that he is without knowledge or information sufficient to
form a belief as to the truth of a material averment made in the complaint .
 Negative Pregnant

In a pleading , a negative pregnant is a negative implying also an affirmative

and which although stated in a negative form really admits the allegations to which
it relates. It is form of a negative expression which carries with an affirmation or at
least am implication of some kind of favorable to the adverse party .
 When a specific denial must be coupled with an
oath

As a rule a negative defense is sufficient if made in the form of specific denial

of the material allegations alleged in the pleading of the claimant . There are
however , instances where a mere specific denial s not sufficient for a negative
defense . In certain cases the specific denial must be made under oath and in
these instances a mere specific denial is not enough to produce the kind of denial
required by the Rules.
These are :
a. Denial of an actionable document
b. A denial of allegations of usury in a complaint to recover usurious interest
Whenever an action or defense is based or founded upon a written instrument
or document said instrument or document is deemed an actionable document .
 If the pleader has an actionable document like a promissory note under the
Rules of Court the substance of such note shall be set forth in the pleading and the
original or copy thereof attached to the pleading as an exhibit .
When attached as an exhibit the promissory note shall be deemed a part of the
pleading . The copy of the note may also with like effect be set forth in ye pleading .
When the manner of alleging the document is done in accordance with the Rules the
actionable document is deemed t o have properly pleaded .
Now if the adverse party desires to deny the genuineness and due execution of
the actionable document h e must do two things :
a. Specifically deny the genuineness and due execution of the document and set
forth what he claims to be the facts
b. make the denial under oath
 If he does mot superficially deny the genuineness and due
execution of the document under oath he is deemed to have
admitted the genuineness and due execution of that document .
Because of his admission he can longer deny the note was forged
or that the one who executed the same was unauthorized . These
defenses are barred by the admission.
 It was ruled that the failure to deny the genuineness and due
execution of an actionable document does not preclude a party from
arguing against it by evidence of fraud , mistake compromise ,
payment , statute of limitations , estoppel and want of
consideration. .
 Allegations of usuary will be deemed admitted if not denied under oath .
However not every allegation of usury requires a denial under oath. These
allegations of usury that requires a specific denial under oath must be :
a. Allegations of usury in a complaint ( not allegations of usury in the answer )and
b. The complaint is filed to recover usurious interests .
 Matters not deed admitted by the failure to make a
specific denial

The provisions of Sec. 11 of the Rule 8 establish the rule that

material allegations in the complaint not specifically denied are
deemed admitted . The following are nevertheless not deemed
admitted by the failure to make a specific denial in party’s
responsive pleading :
a. Amount of unliquidated damages
b. Conclusions in a pleading because it is for the court to make
conclusions
c. Non –material averments or allegations because only
material allegations have to be denied .