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LEGAL FORMS COURSE OUTLINE Section 7. Compulsory counterclaim.

— A compulsory counterclaim is one which,


being cognizable by the regular courts of justice, arises out of or is connected with
 LEGAL FORMS
the transaction or occurrence constituting the subject matter of the opposing
party's claim and does not require for its adjudication the presence of third parties
 TWO KINDS OF LEGAL FORMS
of whom the court cannot acquire jurisdiction. Such a counterclaim must be within
a. JUDICIAL FORMS
the jurisdiction of the court both as to the amount and the nature thereof, except
Forms which pertain to different kinds of pleadings, that in an original action before the Regional Trial Court, the counter-claim may be
applications, petitions, affidavits, motions and the like. considered compulsory regardless of the amount. (n)
- A.M. No. 11-9-4-SC Section 8. 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
i. PLEADINGS
original action or of a counterclaim therein. Such cross-claim may include a claim
 Section 1, Rule 6: Pleadings are the written
that the party against whom it is asserted is or may be liable to the cross-claimant
statements of the respective claims and
for all or part of a claim asserted in the action against the cross-claimant. (7)
defenses of the parties submitted to the court
for appropriate judgment. Section 9. Counter-counterclaims and counter-crossclaims. — A counter-claim may
 Purpose: Its purpose is to define the issues and be asserted against an original counter-claimant.
form the foundation of the proof to be
submitted at the trial. It narrows the case down A cross-claim may also be filed against an original cross-claimant. (n)
to a specific issue or issues which will be Section 10. Reply. — A reply is a pleading, the office or function of which is to deny,
submitted to the court for trial and judgment. or allege facts in denial or avoidance of new matters alleged by way of defense in
Examples the answer and thereby join or make issue as to such new matters. If a party does
Section 3. Complaint. — The complaint is the pleading alleging the plaintiff's cause not file such reply, all the new matters alleged in the answer are deemed
or causes of action. The names and residences of the plaintiff and defendant must controverted.
be stated in the complaint. (3a)
If the plaintiff wishes to interpose any claims arising out of the new matters so
Section 4. Answer. — An answer is a pleading in which a defending party sets forth alleged, such claims shall be set forth in an amended or supplemental complaint.
his defenses. (4a) (11)

Section 5. Defenses. — Defenses may either be negative or affirmative. Section 11. Third, (fourth, etc.)—party complaint. — A third (fourth, etc.) — party
complaint is a claim that a defending party may, with leave of court, file against a
(a) A negative defense is the specific denial of the material fact or facts alleged in person not a party to the action, called the third (fourth, etc.) — party defendant
the pleading of the claimant essential to his cause or causes of action. for contribution, indemnity, subrogation or any other relief, in respect of his
opponent's claim. (12a)
(b) An affirmative defense is an allegation of a new matter which, while
hypothetically admitting the material allegations in the pleading of the claimant, Section 12. Bringing new parties. — When the presence of parties other than those
would nevertheless prevent or bar recovery by him. The affirmative defenses to the original action is required for the granting of complete relief in the
include fraud, statute of limitations, release, payment, illegality, statute of frauds, determination of a counterclaim or cross-claim, the court shall order them to be
estoppel, former recovery, discharge in bankruptcy, and any other matter by way of brought in as defendants, if jurisdiction over them can be obtained. (14)
confession and avoidance. (5a)
Section 13. Answer to third (fourth, etc.)—party complaint. — A third (fourth, etc.)
Section 6. Counterclaim. — A counterclaim is any claim which a defending party — party defendant may allege in his answer his defenses, counterclaims or cross-
may have against an opposing party. (6a) claims, including such defenses that the third (fourth, etc.) — party plaintiff may
have against the original plaintiff's claim. In proper cases, he may also assert a Section 3. Signature and address. — Every pleading must be signed by the party or
counterclaim against the original plaintiff in respect of the latter's claim against the counsel representing him, stating in either case his address which should not be a
third-party plaintiff. (n) post office box.

The signature of counsel constitutes a certificate by him that he has read the
pleading; that to the best of his knowledge, information, and belief there is good
Parts of a Pleading
ground to support it; and that it is not interposed for delay.
RULE 7
An unsigned pleading produces no legal effect. However, the court may, in its
Parts of a Pleading discretion, allow such deficiency to be remedied if it shall appear that the same was
due to mere inadvertence and not intended for delay. Counsel who deliberately files
Section 1. Caption. — The caption sets forth the name of the court, the title of the an unsigned pleading, or signs a pleading in violation of this Rule, or alleges
action, and the docket number if assigned. scandalous or indecent matter therein, or fails promptly report to the court a change
The title of the action indicates the names of the parties. They shall all be named in of his address, shall be subject to appropriate disciplinary action. (5a)
the original complaint or petition; but in subsequent pleadings, it shall be sufficient Section 4. Verification.
if the name of the first party on each side be stated with an appropriate indication
when there are other parties. Section 5. Certification against forum shopping.

Their respective participation in the case shall be indicated. (1a, 2a) A: Cap-Ti-BRA PLUS

Section 2. The body. — The body of the pleading sets fourth its designation, the 1. Caption
allegations of the party's claims or defenses, the relief prayed for, and the date of the 2. Title
pleading. (n) 3. Body
4. Relief
(a) Paragraphs. — The allegations in the body of a pleading shall be divided into 5. Attorney
paragraphs so numbered to be readily identified, each of which shall contain a 6. PLUS
statement of a single set of circumstances so far as that can be done with a. Verification, if required
convenience. A paragraph may be referred to by its number in all succeeding b. Certificate of non-forum shopping, when appropriate
pleadings. (3a) c. Notice of hearing, when required
(b) Headings. — When two or more causes of action are joined the statement of the d. Proof of service
first shall be prefaced by the words "first cause of action,'' of the second by "second e. Explanation
cause of action", and so on for the others. Certification against forum shopping
When one or more paragraphs in the answer are addressed to one of several causes Section 5. The plaintiff or principal party shall certify under oath in the complaint
of action in the complaint, they shall be prefaced by the words "answer to the first or other initiatory pleading asserting a claim for relief, or in a sworn certification
cause of action" or "answer to the second cause of action" and so on; and when one annexed thereto and simultaneously filed therewith: (a) that he has not
or more paragraphs of the answer are addressed to several causes of action, they theretofore commenced any action or filed any claim involving the same issues in
shall be prefaced by words to that effect. (4) any court, tribunal or quasi-judicial agency and, to the best of his knowledge, no
such other action or claim is pending therein; (b) if there is such other pending
(c) Relief. — The pleading shall specify the relief sought, but it may add a general
action or claim, a complete statement of the present status thereof; and (c) if he
prayer for such further or other relief as may be deemed just or equitable. (3a, R6)
should thereafter learn that the same or similar action or claim has been filed or is
(d) Date. — Every pleading shall be dated. (n)
pending, he shall report that fact within five (5) days therefrom to the court Q: When should the certification be executed?
wherein his aforesaid complaint or initiatory pleading has been filed.
A: It is executed simultaneously with a complaint or any other initiatory pleading
Failure to comply with the foregoing requirements shall not be curable by mere
amendment of the complaint or other initiatory pleading but shall be cause for the
dismissal of the case without prejudice, unless otherwise provided, upon motion Verification
and after hearing. The submission of a false certification or non-compliance with
any of the undertakings therein shall constitute indirect contempt of court, without Section 4. Verification. — Except when otherwise specifically required by law or rule,
prejudice to the corresponding administrative and criminal actions. If the acts of pleadings need not be under oath, verified or accompanied by affidavit .(5a)
the party or his counsel clearly constitute willful and deliberate forum shopping, A pleading is verified by an affidavit that the affiant has read the pleading and that
the same shall be ground for summary dismissal with prejudice and shall constitute the allegations therein are true and correct of his knowledge and belief.
direct contempt, as well as a cause for administrative sanctions. (n)
A pleading required to be verified which contains a verification based on "information
Q: What is a certificate of non-forum shopping? and belief", or upon "knowledge, information and belief", or lacks a proper
A: It is a certification under oath in the complaint or other initiatory pleading verification, shall be treated as an unsigned pleading. (6a)
asserting a claim for relief, or in a sworn certification annexed to such pleading and What is verification?
simultaneously filed therewith, where the party:
A: It is a statement, under oath that the pleading is true. It includes both the actual
a. Certifies that he has not theretofore commenced any action or filed any swearing to the truth of the statements by the subscriber and also the certification
claim involving the same issues in any court, tribunal or quasi-judicial agency thereto by the notary or other officer authorized by law to administer oaths.
and, to the best of his knowledge, no such other action or claim is pending. (Pamaran, 2004)
b. If there is such other pending action or claim, gives a complete statement of
the present status thereof Q: When is verification necessary?
c. Undertakes that if he should thereafter learn that the same or similar action
A: Verification is necessary only when the law or rule specifically requires it.
or claim has been filed or is pending, he shall report that fact within five (5)
days therefrom to the court wherein his aforesaid complaint or initiatory Example, under the Rules of Court, verification is necessary in the following
pleading has been filed. pleadings:
Q: What is the consequence on failure to execute such certification when necessary? 1. Complaint and other initiatory pleadings
2. Answer, if there are actionable documents
A: Failure to comply shall be cause for dismissal of the case without prejudice, unless
3. Petition for review under Rule 42, RRC
otherwise provided, upon motion and hearing. The foregoing requirements shall not
4. Appeal from CTA and quasijudicial agencies to the CA (Rule 43, RRC)
be curable by mere amendment of the complaint or other initiatory pleading.
5. Appeal by certiorari under Rule 45, RRC
(Suarez, 2007)
6. Certiorari, prohibition and mandamus (Rule 65, RRC)
Note: Submission of a false certification or noncompliance with any of the
Q: What are the contents of verification?
undertakings shall constitute indirect contempt of court, without prejudice to the
corresponding administrative and criminal actions. A: It contains a statement that an affiant has read the pleading, that he has caused
the preparation of said pleading and that the allegations therein are true and
Q: Who executes the certification against forum shopping?
correct based on authentic records and of his personal knowledge.
A: The plaintiff or principal party
Filing of a Pleading Section 8. Existing counterclaim or cross-claim. — A compulsory counterclaim or a
cross-claim that a defending party has at the time he files his answer shall be
RULE 11
contained therein. (8a, R6)
When to File Responsive Pleadings
Section 9. Counterclaim or cross-claim arising after answer. — A counterclaim or a
Section 1. Answer to the complaint. — The defendant shall file his answer to the cross-claim which either matured or was acquired by a party after serving his
complaint within fifteen (15) days after service of summons, unless a different pleading may, with the permission of the court, be presented as a counterclaim or a
period is fixed by the court. (la) cross-claim by supplemental pleading before judgment. (9, R6)

Section 2. Answer of a defendant foreign private juridical entity. — Where the Section 10. Omitted counterclaim or cross-claim. — When a pleader fails to set up a
defendant is a foreign private juridical entity and service of summons is made on counterclaim or a cross-claim through oversight, inadvertence, or excusable
the government official designated by law to receive the same, the answer shall be neglect, or when justice requires, he may, by leave of court, set up the counterclaim
filed within thirty (30) days after receipt of summons by such entity. (2a) or cross-claim by amendment before judgment. (3, R9)

Section 3. Answer to amended complaint. — When the plaintiff files an amended Section 11. Extension of time to plead. — Upon motion and on such terms as may
complaint as a matter of right, the defendant shall answer the same within fifteen be just, the court may extend the time to plead provided in these Rules.
(15) days after being served with a copy thereof.
The court may also, upon like terms, allow an answer or other pleading to be filed
Where its filing is not a matter of right, the defendant shall answer the amended after the time fixed by these Rules. (7)
complaint within ten (l0) days from notice of the order admitting the same. An
answer earlier filed may serve as the answer to the amended complaint if no new
answer is filed. Manner of making allegations in a pleading (Rule 8)

This Rule shall apply to the answer to an amended counterclaim, amended cross- RULE 8
claim, amended third (fourth, etc.)—party complaint, and amended complaint-in-
Manner of Making Allegations in Pleadings
intervention. (3a)
Section 1. In general. — Every pleading shall contain in a methodical and logical form,
Section 4. Answer to counterclaim or cross-claim. — A counterclaim or cross-claim
a plain, concise and direct statement of the ultimate facts on which the party pleading
must be answered within ten (10) days from service. (4)
relies for his claim or defense, as the case may be, omitting the statement of mere
Section 5. Answer to third (fourth, etc.)-party complaint. — The time to answer a evidentiary facts. (1)
third (fourth, etc.)—party complaint shall be governed by the same rule as the
If a defense relied on is based on law, the pertinent provisions thereof and their
answer to the complaint. (5a)
applicability to him shall be clearly and concisely stated. (n)
Section 6. Reply. — A reply may be filed within ten (10) days from service of the
Section 2. Alternative causes of action or defenses. — A party may set forth two or
pleading responded to. (6)
more statements of a claim or defense alternatively or hypothetically, either in one
Section 7. Answer to supplemental complain. — A supplemental complaint may be cause of action or defense or in separate causes of action or defenses. When two or
answered within ten (10) days from notice of the order admitting the same, unless more statements are made in the alternative and one of them if made independently
a different period is fixed by the court. The answer to the complaint shall serve as would be sufficient, the pleading is not made insufficient by the insufficiency of one
the answer to the supplemental complaint if no new or supplemental answer is or more of the alternative statements. (2)
filed. (n)
Section 3. Conditions precedent. — In any pleading a general averment of the
performance or occurrence of all conditions precedent shall be sufficient. (3)
Section 4. Capacity. — Facts showing the capacity of a party to sue or be sued or the material averment made to the complaint, he shall so state, and this shall have the
authority of a party to sue or be sued in a representative capacity or the legal effect of a denial. (10a)
existence of an organized association of person that is made a party, must be averred.
Section 11. Allegations not specifically denied deemed admitted. — Material
A party desiring to raise an issue as to the legal existence of any party or the capacity
averment in the complaint, other than those as to the amount of unliquidated
of any party to sue or be sued in a representative capacity, shall do so by specific
damages, shall be deemed admitted when not specifically denied. Allegations of
denial, which shall include such supporting particulars as are peculiarly within the
usury in a complaint to recover usurious interest are deemed admitted if not denied
pleader's knowledge. (4)
under oath. (1a, R9)
Section 5. Fraud, mistake, condition of the mind. — In all averments of fraud or
Section 12. Striking out of pleading or matter contained therein. — Upon motion
mistake the circumstances constituting fraud or mistake must be stated with
made by a party before responding to a pleading or, if no responsive pleading is
particularity. Malice, intent, knowledge, or other condition of the mind of a person
permitted by these Rules, upon motion made by a party within twenty (20) days after
may be averred generally.(5a)
the service of the pleading upon him, or upon the court's own initiative at any time,
Section 6. Judgment. — In pleading a judgment or decision of a domestic or foreign the court may order any pleading to be stricken out or that any sham or false,
court, judicial or quasi-judicial tribunal, or of a board or officer, it is sufficient to aver redundant, immaterial, impertinent, or scandalous matter be stricken out therefrom.
the judgment or decision without setting forth matter showing jurisdiction to render (5, R9)
it. (6)

Section 7. Action or defense based on document. — Whenever an action or defense


MOTIONS
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 Sec. 1, Rule 15: Motion defined. — A motion is an application for relief other than
be attached to the pleading as an exhibit, which shall be deemed to be a part of the by a pleading. (1a)
pleading, or said copy may with like effect be set forth in the pleading. (7)
Section 2. Motions must be in writings. — All motions shall be in writing except
Section 8. How to contest such documents. — When an action or defense is founded those made in open court or in the course of a hearing or trial. (2a)
upon a written instrument, copied in or attached to the corresponding pleading as
provided in the preceding section, the genuineness and due execution of the Section 3. Contents. — A motion shall state the relief sought to be obtained and the
instrument shall be deemed admitted unless the adverse party, under oath grounds upon which it is based, and if required by these Rules or necessary to prove
specifically denies them, and sets forth what he claims to be the facts, but the facts alleged therein, shall be accompanied by supporting affidavits and other
requirement of an oath does not apply when the adverse party does not appear to papers. (3a)
be a party to the instrument or when compliance with an order for an inspection of Section 4. Hearing of motion. — Except for motions which the court may act upon
the original instrument is refused. (8a) without prejudicing the rights of the adverse party, every written motion shall be
Section 9. Official document or act. — In pleading an official document or official act, set for hearing by the applicant.
it is sufficient to aver that the document was issued or the act done in compliance Every written motion required to be heard and the notice of the hearing thereof
with law. (9) shall be served in such a manner as to ensure its receipt by the other party at least
Section 10. Specific denial. — A defendant must specify each material allegation of three (3) days before the date of hearing, unless the court for good cause sets the
fact the truth of which he does not admit and, whenever practicable, shall set forth hearing on shorter notice. (4a)
the substance of the matters upon which he relies to support his denial. Where a Section 5. Notice of hearing. — The notice of hearing shall be addressed to all
defendant desires to deny only a part of an averment, he shall specify so much of it parties concerned, and shall specify the time and date of the hearing which must
as is true and material and shall deny only the remainder. Where a defendant is not be later than ten (10) days after the filing of the motion. (5a)
without knowledge or information sufficient to form a belief as to the truth of a
Section 6. Proof of service necessary. — No written motion set for hearing shall be 7. Proof of Service
acted upon by the court without proof of service thereof. (6a)

Section 7. Motion day. — Except for motions requiring immediate action, all
Kinds of Motions (Rules 6, 7 and 8)
motions shall be scheduled for hearing on Friday afternoons, or if Friday is a non-
working day, in the afternoon of the next working day. (7a)
1. Motion for bill of particulars - a request by a party for a clearer and more specific
Section 8. Omnibus motion. — Subject to the provisions of section 1 of Rule 9, a statement of allegations made by the opposing party, to enable him to prepare his
motion attacking a pleading, order, judgment, or proceeding shall include all responsive pleading or to prepare for trial. It must point out defects complained of
objections then available, and all objections not so included shall be deemed and the details desired.
waived. (8a)
2. Motion to dismiss - a move by the defendant to dismiss the suit against him
Section 9. Motion for leave. — A motion for leave to file a pleading or motion shall
based on grounds like the lack of jurisdiction, no cause of action, etc.
be accompanied by the pleading or motion sought to be admitted. (n)

Section 10. Form. — The Rules applicable to pleadings shall apply to written 3. Motion for intervention - made by a person who has a legal interest:
motions so far as concerns caption, designation, signature, and other matters of
form. (9a)
(a) in the matter in litigation;
Q: What is a motion? (b) in the success of either party;
(c) an interest against both; or
A: A motion is an application for relief other than by a pleading. (Sec. 1, Rule 15) (d) who will be adversely affected by distribution or disposition of property in the
custody of the court or an officer thereof.
A motion shall state the relief sought to be obtained and the grounds upon which it
is based, and if required by the Rules or necessary to prove facts alleged therein, 4. Motion for judgment on the pleadings - made by the plaintiff for the court to
shall be accompanied by supporting affidavits and other papers. (Sec. 3, Rule 15, render a decision based solely on the pleadings because the defendant’s answer
RRC) does not deny the allegations in the complaint, except damages (this is not allowed
for legal separation or annulment cases).
Note: The plus for a motion is the notice of hearing (mandatory if the motion is a
litigated motion). If filing of a pleading or service of its copy on adverse party is
5. Motion for summary judgment - made by any party for the court to render a
done by registered mail, another plus is the need to give an explanation why
decision based on the pleadings (complaint, answer, etc), affidavits, stipulations,
personal filing or service could not be done.
and admissions, in cases like recovery of debts, etc.
Q: What are the parts of a motion:
-Examples
1. Caption -Filing of a Motion
2. Title of the case ii. MANIFESTATION
- When do you file a manifestation?
3. Body of the motion
- Filing of a Manifestation
Note: The body of a motion usually has two parts:
iii. JUDICIAL AFFIDAVIT (BAR 2016, 2018)
a. The ground for the motion
- A.M. No. 12-8-8-SC
b. The argument in support of the motion -Contents of a Judicial Affidavit (BAR 2016)
4. Prayer
5. Place, date and signature b. BUSINESS FORMS
6. Notice of Hearing
Forms used in conveyance, or of the forms of deeds,
instruments or documents creating, transferring, modifying or
limiting rights to real as well as personal properties, and
other forms related to business contracts or transactions.