I.

Pleadings to be filed with Verification

As a general rule, pleadings need not be verified, and it is only when required
by statute or a procedural rule that a pleading should be verified. What
follows below, for the benefit of practitioners, is a comprehensive list of
pleadings filed before the courts or quasi-judicial agencies that are required
to be verified.

BEFORE THE COURTS

 Civil complaints or initiatory pleadings asserting claims for relief (including

permissive counter-claims). (See Sec. 5, Rule 7, Rules of Civil Procedure)
 Statement of Claim for Small Claims Cases, as well as the Response
thereto (See Secs. 5 & 11, Rules of Procedure for Small Claims Cases)
 Complaint for injunction (See Sec. 4, Rule 58, Rules of Civil Procedure)
 Application for appointment of receiver (See Sec. 1, Rule 59, Rules of Civil
Procedure)
 Application for support pendente lite (See Sec. 1, Rule 69, Rules of Civil
Procedure)
 Petition for forcible entry or unlawful detainer, the answers thereto, and
the answers to any compulsory counter-claim and cross-claim pleaded in
the answer (See Sec. 4, Rule 70, Rules of Civil Procedure)
 Petition for indirect contempt (See Sec. 4, Rule 71, Rules of Civil
Procedure)
 Petition for relief from judgment or order. (See Sec. 3, Rule 38, Rules of
Civil Procedure)
 Petition for Review from the RTC to the Supreme Court (See Sec. 2[c],
Rule 41, Rules of Civil Procedure)
 Petition for Review from RTC to Court of Appeals (See Sec. 1, Rule 42,
Rules of Civil Procedure)
 Petition for Review under Rule 43, from CTA and other quasi-judicial
agencies to Court of Appeals (See Sec. 5, Rule 43, Rules of Civil
Procedure)
 Appeal by certiorari under Rule 45, from Court of Appeals to Supreme
Court (See Sec. 1, Rule 45, Rules of Civil Procedure)
 Petition for certiorari (special civil action) under Rule 64 (See Sec. 2, Rule
64, Rules of Civil Procedure)
 Petition for certiorari (special civil action) under Rule 65 (See Sec. 1, Rule
65, Rules of Civil Procedure)
 Petition for prohibition under Rule 65 (See Sec. 2, Rule 65, Rules of Civil
Procedure)
 Petition for Mandamus under Rule 65 (See Sec. 3, Rule 65, Rules of Civil
Procedure)
 Petition for appointment of guardian (See Sec. 2, Rule 93, Rules of Court)
 Petition for leave filed by guardian to sell or encumber property of an
estate (See Sec. 1, Rule 95, Rules of Court)
 Petition for declaration of competency of a ward (See Sec. 1, Rule 97,
Rules of Court)
 Petition for habeas corpus (See Sec. 3, Rule 102, Rules of Court)
 Petition for change of name (See Sec. 2, Rule 103, Rules of Court)
 Petition for voluntary judicial dissolution of a corporation (See Sec. 1, Rule
105, Rules of Court; see also Sec. 119, Corporation Code)
 Petition for cancellation or correction of entries in the civil registry under
Rule 108 (See Sec. 1, Rule 108, Rules of Court)
 Petition for correction of a clerical or typographical error in an entry
and/or change of first name or nickname in the civil register filed with the
civil register office pursuant to Republic Act No. 9048 (See. Sec. 3, Rep.
Act No. 9048)
 Petition for adoption (See Sec. 7, Rule of Adoption)
 Petition for legal separation (See Sec. 2(b)(3), Rule on Legal Separation)
 Petition for declaration of absolute nullity of void marriages and
annulment of voidable marriages (See Sec. 5, Rule on Declaration of
Absolute Nullity of Void Marriages and Annulment of Voidable Marriages)
 Petitions in summary judicial proceedings in the family law based on
Articles 41, 51, 69, 73, 96, 124,127, 223, 225, 235 & 239 of the Family
Code (See Arts. 239, 249 & 253, Family Code)
 Complaints filed under the Interim Rules of Procedure on Intra-Corporate
Controversies, as well as the Answer thereto. (See Sec. 3, Rule 2, Interim
Rules of Procedure on Intra-Corporate Controversies)
 All pleadings, motions, oppositions, defenses or claims filed by any
interested party in any proceeding governed by the Rules of Procedure on
Corporate Rehabilitation (2008) (See Sec. 1, Rule 3, Rules of Procedure on
Corporate Rehabilitation)
 Complaints filed with the Court of Tax Appeals (See Sec. 1, Rule 6,
Revised Rules of Procedure of the Court of Tax Appeals)
 Petitions for Review filed with the CTA (See Sec. 2, Rule 6, Revised Rules
of Procedure of the Court of Tax Appeals)

BEFORE CONSTITUTIONAL COMMISSIONS/QUASI-JUDICIAL AGENCIES

 The following pleadings filed before the Commission on Elections, as well

as the answers thereto: protests or petitions in ordinary actions, special
actions, special cases, special reliefs, provisional remedies, special
proceedings, counter-protests, counter-petitions, interventions, motions
for reconsiderations, appeals from rulings of board of canvassers. (See
Sec. 3(b), Rule 7, COMELEC Rules of Procedure)
 Complaints filed with the Regional Office of the Housing and Land Use
Regulatory Board (See Sec. 1, Rule III, 1996 Revised Rules of Procedure
of the HLURB, as amended)
 Petitions for Review filed with the Regional Officer of the HLURB (See Sec.
1, Rule XII, 1996 Revised Rules of Procedure of the HLURB)
 Applications for new services, complaints, petitions, oppositions and
answers filed with the Land Transportation Franchising and Regulatory
Board (See Sec. 2, Rule 3, Rules of Practice and Procedure Before the
LTFRB)
 Complaints filed in administrative cases filed with the Insurance
Commission. (Sec. 4, Rule I, Rules of Procedure Governing Administrative
Cases Before the Insurance Commission)
 Complaints filed with Insurance Commission seeking relief from insurance
companies or mutual benefit associations. (See Sec. 1, Rule 3, Rules of
Procedure Governing Hearings Before the Insurance Commission)
 Position Papers filed before Labor Arbiters (See Sec. 7, Rule V, 2005 Rules
of Procedure of the National Labor Relations Commission)
 Complaints and petitions filed with the Securities and Exchange
Commission in the exercise of its adjudicative functions, as well as the
 answers thereto. (See Sec. 3-3, Rule III, Revised Rules of Procedure 2000
of the Securities and Exchange Commission)

II. Verification and Certification of Non-Forum Shopping

The content of this document authenticates that the complainant does not file
a same case to any court.
Every case must be accompanied with a Certification of Non-Forum Shopping.

III. Motions
Generally, kinds of motions are:

1. Motion for bill of particulars - a request by a party for a clearer and

more specific statement of allegations made by the opposing party, to
enable him to prepare his responsive pleading or to prepare for trial. It
must point out defects complained of and the details desired.

2. Motion to dismiss - a move by the defendant to dismiss the suit

against him based on grounds like the lack of jurisdiction, no cause of
action, etc.

3. Motion for intervention - made by a person who has a legal

interest:

(a) in the matter in litigation;

(b) in the success of either party;
(c) an interest against both; or
(d) who will be adversely affected by distribution or disposition of property
in the custody of the court or an officer thereof.

4. Motion for judgment on the pleadings - made by the plaintiff for

the court to render a decision based solely on the pleadings because the
defendant’s answer does not deny the allegations in the complaint, except
damages (this is not allowed for legal separation or annulment cases).

5. Motion for summary judgment - made by any party for the court to
render a decision based on the pleadings (complaint, answer, etc),
affidavits, stipulations, and admissions, in cases like recovery of debts,
etc.

Specific examples of motions are as follows:

Joint Motion to Dismiss

Joint Motion (for Case to Remain in the JDR Court)
Motion for Approval of Compromise Agreement
Motion for Execution of Judgment
Motion for Execution in Small Claims Cases
Motion for Extension of Time to File Comment
Motion for Inhibition
Motion for Judgment on the Pleadings Sample
Motion for New Trial (Format)
Motion for Permanent Dismissal
 Motion for Preliminary Investigation with Motion to DeferArraignment and
to Suspend Proceedings
Motion for Production of Documents
Motion for Reconsideration to Set Aside Order of Default and to Admit
Answer
Motion for Release on Recognizance
Motion for Re-Raffle
Motion to Dismiss (Format)
Motion to Intervene
Motion to Order the Sheriff to Make a Return
Motion to Plead as Indigent
Motion to Quash (Format)
Motion to Reduce Bail
Motion to Release Cash Bail Bond
Motion to Set Case for Arraignment
Motion to Set Case for Pre-Trial
Motion to Set Case for Status Conference Sample
Motion to Lift Bench Warrant
Motion to Lift Warrant of Arrest

IV. Cover Letters

These come before the first page of the document being sent and include a
brief description of it. Generally, there is no mandatory requirement for cover
letters to accompany legal documents. However, if the document is being
sent through fax, it needs to include a fax cover sheet.

V. Explanation
All pleadings must contain an explanation regarding the position of the writer,
whether he/she pleads guilty or not.

VI. Affidavit of Mailing

All documents that have been mailed need to have an affidavit stating the
date, place, and manner of service, as stated in Section 10 of Rule 13 of the
Rules of Court: "Sec. 10. Proof of Service. - Proof of personal service
shall consist of a written admission of the party served, or the
affidavit of the party serving, containing a full statement of the
date, place and manner of service. If the service is by ordinary mail,
proof thereof shall consist of an affidavit of the person mailing of
facts showing compliance with Section 5 of this rule. If service is
made by registered mail, proof shall be made by such affidavit and the
registry receipt issued by the mailing office. The registry return card shall be
filed immediately upon receipt thereof by the sender, or in lieu thereof, the
letter unclaimed together with certified or sworn copy of the notice the given
by the postmaster to the addressee."

VII. Postal Money Orders

 Postal Money Orders are needed if you want to send money through the mail
to friends, family, or in a business transaction. A money order is a payment
certificate for a specific amount. It may be cashed or deposited much like a
check. However, it offers a number of security features that make a money
order a much better choice when sending it through the mail. For example,
money orders can normally be replaced if they have been lost or stolen. You
can also use a money order without having a bank account. Money orders
can be conveniently purchased at banks, many retail stores and all post
offices. Benefits include extra security, no need for a bank account, the
chance to make a transaction with a single payment, and the ability to send
money overseas.

VIII. Attaching Certified True Copies

True copy (or certified copy) of original documents are often needed to make
sure that copies submitted are true, exact, complete and unaltered.
In general, a simple "true copy" word with a stamp and signature of the
notary public is NOT enough for the purpose of document authentication in a
Chinese consulate.

Paragraph (3) of Revised Circular No. 1-88 provides as follows: "(3) Copies of
judgment or resolution sought to be reviewed. - Petitions filed with the
Supreme Court, whether under Rule 45, Rule 65, R. A. No. 5440 or
P. D. No. 1006, shall be accompanied by a clearly legible duplicate
original or certified true copy of the decision, judgment, resolution
or order subject thereof, and the requisite number of plain copies
thereof. The certification shall be accomplished by the proper Clerk of Court
or by proper officer of the court, tribunal, board, commission or office
involved. Certification by the parties themselves, their counsel or any other
person, shall not be allowed."

IX. Entry of Appearance

Before representing a client at court during a civil case, a lawyer must first
file an entry of appearance asking the court to enter the lawyer's appearance
on behalf of the client. An entry of appearance should state the full name of
the attorney, his/her identification number, name of the law firm in which
he/she works, full address to which communications are to be made, and
should be signed by the attorney.

X. Letter Authority to Prosecute

All criminal actions commenced by a complaint or information shall be

prosecuted under the direction and control of the prosecutor. However,
in Municipal Trial Courts or Municipal Circuit Trial Courts when the
prosecutor assigned thereto or to the case is not available, the
offended party, any peace officer, or public officer charged with the
enforcement of the law violated may prosecute the case. This authority
shall cease upon actual intervention of the prosecutor or upon elevation of
the case to the Regional Trial Court.
 A private prosecutor may be authorized in writing by the Chief of the
Prosecution Office or the Regional State Prosecutor to prosecute a case
subject to the approval of the court. Once so authorized to prosecute the
criminal action, the private prosecutor shall continue to prosecute the case up
to end of the trial even in the absence of a public prosecutor, unless the
authority is revoked or otherwise withdrawn.

The authority of a private prosecutor to prosecute a criminal action subject to

the following conditions, viz:

1. The public prosecutor has a heavy work schedule, or there is no public

prosecutor assigned in the province or city;

2. The private prosecutor is authorized by the Regional State Prosecutor

(RSP), Provincial or City Prosecutor;

3. The authority must be in writing;

4. The authority of the private prosecutor must be approved by the court;

5. The private prosecutor shall continue to prosecute the case until the end
of the trial unless the authority is withdrawn or otherwise revoked by the
RSP, Provincial or City Prosecutor, and

6. In case of the withdrawn or revocation of the authority of the private

prosecutor, the same must be approved by the court.

XI. Special Power of Attorney

A Special Power of Attorney is a legal document wherein a person designates
another person to do a particular act in his behalf. This document states the
authority of a person and the limits of his authority in doing a particular act.
The person executing this document is called the principal and the person
designated by the principal to do a particular act is the agent. This document,
in order to be valid must be signed by the principal and notarized by a Notary
Public. The usual authorities given under a Special Power of Attorney are the
following:

1. Authority to Sell a Real Property

2. Authority to Sell Shares of Stocks or other personal properties
3. Authority to manage the business of the principal
4. Authority to withdraw retirement benefits
5. Authority to obtain a loan
6. Authority to Mortgage Real Property
7. Other Acts which cannot be consummated without the proper
authorization from the concerned person.

Standard template for hearings can be found in the following page.

KNOW ALL MEN BY THESE PRESENTS:

I, (principal's name), do hereby name, constitute, and appoint (name of attorney-in-fact

(AIF)), of legal age, married, Filipino and a resident of (address of AIF,) to be my true and lawful
attorney,for me and in my name, place, and stead, to do and perform the following acts or thing,
to wit:

(a) To administer, manage, oversee, sell, convey, mortgage and/or encumber my house and lot
located at ___________________________________;

(b) To sign, seal, execute and deliver any document or instrument necessary in carrying out into
effect the power and authority herein granted;

HEREBY GRANTING AND GIVING unto my said Attorney-in-Fact full power and
authority to do and perform any and all other acts and things 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 shall lawfully do or
cause to be done in my behalf by virtue of these presents.

IN WITNESS WHEREOF, I have hereunto affixed my signature this _____ day of June,
2012, at _________________, Philippines.

__________________________________
(Principal)

SIGNED IN THE PRESENCE OF:

____________________________ _____________________________
(witness) (witness)

ACKNOWLEDGMENT

REPUBLIC OF THE PHILIPPINES )

City of Dipolog ) S.S.

BEFORE ME, on the date and place above written, personally appeared (name of
principal), with Identification No. ___________ issued on ________________ at
_____________________________, and he acknowledged under oath to me under penalty of law,
that the whole contents therein are true and that the same is his free and voluntary act and deed.

WITNESS MY HAND AND NOTARIAL SEAL.

Notary Public

Doc. No: ___________

Page No. ___________
Book No. ___________
Series of ___________