LEGAL FORMS No.

65&67
By: Jim B. Lagaras Delia Esguerra

Complaint Alleging Different Causes of Action

Complaint - is the pleading alleging the plaintiffs cause or causes of action. The names and residences of the plaintiff and defendant must be stated in the complaint (Rule 6, Sec. 3 );
- as a concise statement of the ultimate facts constituting the plaintiffs cause or causes of action.

Essential Elements of a Good Complaint:

1. Legal right of the plaintiff; 2. The correlative obligation

the defendant; 3. The act or omission of the defendant in violation of the said legal right ; 4. The injury or damage caused thereby to plaintiff.

of

Cause of Action A cause of action is the act or omission by which a party violates a right of another. (Rule 2, Sec. 2 ROC)

Ultimate Facts - essential facts constituting plaintiff cause of action.

Pleading - are the written statements of the respective claims and defenses of the parties submitted to the court for appropriate judgment. (Rule 6, Sec. 1 )
Kinds of Pleadings: 1. Complaint 2. Counterclaim 3. Cross-claim 4. Third-party complaint 5. Complaint intervention 6. Answer 7. Reply

Parts of Pleading
1. Caption 2. The Body a. Paragraphs b. Headings c. Relief d. Date 3. Signature and Address 4. Verification 5. Certification against forum shopping

1. Caption The caption sets forth the name of the court , the title of the action, and the docket number if assigned. (Rule 7, Sec. 1)

Republic of the Philippines National Capital Judicial Region REGIONAL TRIAL COURT Branch 1, Manila
Delfin Padilla, Plaintiff, _____ -versusJose del Rosario, Defendant.

Civil Case No.

2. The Body The body of the pleading sets forth its designation, the allegation of the partys claims and defenses, the relief prayed for, and the date o the pleading. (Rule 7, Sec. 2)

A. Paragraphs The allegations in the body of a pleading shall divided into paragraphs so numbered as to be readily identified, each of which shall contain a statement of a single set of circumstances so far as that can be done with convenience. A paragraph may be referred to by its number in all succeeding pleadings (Rule 7, Sec. 2, par. A)

B. Headings When two or more causes of action are joined the statement of the first shall be prefaced by the words "first cause of action,'' of the second by "second cause of action", and so on for the others.

When one or more paragraphs in the answer are addressed to one of several causes of action in the complaint, they shall be prefaced by the words "answer to the first cause of action" or "answer to the second cause of action" and so on; and when one or more paragraphs of the answer are addressed to several causes of action, they shall be prefaced by words to that effect. (Rule 7, Sec. 2, par. B)

C. Relief The pleading shall specify the relief sought, but it may add a general prayer for such further or other relief as may be deemed just or equitable. (Rule 7, Sec. 2, par. C)

D. Date Every pleading shall dated. . (Rule 7, Sec. 2, par. D) be

2. The Body (Complaint alleging different causes of action)

PLAINTIFF Delfin Padilla, by undersigned counsel and to this Honorable Court, respectfully states: ALLEGATION COMMON TO ALL CAUSE OF ACTION 1. Plaintiff is of legal age, married, and with residence at Real St., Sampaloc, Manila, while defendant Jose del Rosario is also of legal age, single ad with residence at 26 Maria Clara St., Sampaloc, Manila, where he may served with summons and other legal processes.

2. Plaintiff and defendant are business partners, loosely doing business under the informal name, ABC Partnership, which is not registered as such, with offices at Real St., Sta. Cruz, Manila, engaged in general merchandising, with defendant as manager and cashier. 3. Plaintiff and defendant contributed P 1,000,000.00 each or a total of P 2,000,000.00 to carry on their business of general merchandising, agreeing to divide the profits between them on a 50-50 basis, and said total amount was entrusted to defendant for such purpose, with an obligation to make yearly accounting.

4. The general merchandising business grew until, by December 2003, when defendant made an accounting, it has accumulated a total of P 10,000,000.00 cash savings and profits.
FIRST CAUSE OF ACTION 5. In December 2004, plaintiff asked defendant to make an accounting of their business, but this time defendant refuse, claiming that the business has, by then, become bankrupt. 6. Notwithstanding repeated demands, defendant refused and continues to refuse to render an account of their business.

SECOND CAUSE OF ACTION

7. Plaintiff repleads all the foregoing allegations as if copied in full herein. 8. Plaintiffs examination of the business records disclosed that defendant had appropriated upon himself, without the knowledge, much less consent of plaintiff, the exorbitant amount of P 100,000.00 allowances and representation expenses per month beginning January 2004, to plaintiffs prejudice and damage, as he has not been paid nor given any allowance and representation expense.

THIRD CAUSE OF ACTION

9. Plaintiff repleads all the foregoing allegations as if copied in full herein. 10. Investigations reveals that defendant bought a parcel of land, using money of their business venture in the amount of P 3,000,000.00, and registered the same solely in his name, marking it appear that said parcel of land is his own property and not that of the two of them, to plaintiffs prejudice.

11. Notwithstanding demands, defendant refused and continues to refuse to reconvey said parcel of land in plaintiffs and defendants name, as joint owner, or to subdivide the same, by conveying one-half to plaintiff and the other half to defendant, to plaintiffs prejudice and damage. 12. The said parcel of land subject matter of this third cause of action has an assessed value of P 2,500.00.

ALTERNATIVE CAUSE OF ACTION 13. Plaintiff repleads all the foregoing allegation as if copied in full therein. 14. Assuming, arguendo, that the said parcel of land could no longer be subdivided into two and the other half given to plaintiff, for any reason whatsoever, as when a purchaser in good faith of such parcel land had purchased the same and title thereof transferred to such third person purchaser, defendant should be made liable for P 1,500,000.00, with legal interest thereon, in favor of plaintiff for breach of trust obligations and unjustly enriching himself at the expense of plaintiff.

FOURTH CAUSE OF ACTION

15. Plaintiff repleads all the foregoing allegation as if copied in full therein. 16. As a consequence of defendants unlawful acts and omissions, to plaintiffs prejudice, plaintiff was constrained to secure the services or counsel to protect his interests and to file the instant action, and to spend litigation expenses, all in the total amount of P 500,000.00, which should be assessed against defendant.

PRAYER
WHEREFORE, all premises considered, plaintiff respectfully prays for judgment: A. Under the First Cause of Action, ordering defendant to render a complete accounting of the business venture of plaintiff and defendant doing general business merchandising under the name of ABC Partnership

B. Under the Second Cause of Action, holding defendant liable for P 2, 400,000.00, which he unlawful appropriated for himself for two years being January 2003, with legal interest thereon until full paid.
C. Under the Third Cause of Action, ordering defendant to recovery and subdivide the parcel of land covered by TCT No. 2345 of the Registry of Deeds of Manila, and to execute the required document for transfer and registration of one-half thereof to plaintiff, all at defendants cost and expenses;

D. Under the Alternative Cause of Action, in the event reconveyance and transfer of onehalf interest in the parcel of land covered by TCT No. 2345 cannot be done, for any reason whatsoever ordering defendant to pay plaintiff the sum of P 1,500,000.00, with legal interest thereon until fully paid;
E. Under the Fourth Cause of Action, ordering defendant to pay plaintiff the amount of P 500,000.00 as attorneys fees and expenses of litigation;

F. Plaintiff prays for such other reliefs as may be just and equitable in the premises;
Manila, January 15, 2005

Every pleading must be signed by the party or counsel representing him, stating in either case his address which should not be a post office box.(Rule 7, Sec. 3) 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 ground to support it; and that it is not interposed for delay.

3. Signature & Addresses:

3. Signature & Addresses: (JURAT Sample)

SUBSCRIBED AND SWORN TO before me in the City _________ on this day of _________, affiant exhibiting before me his community tax certificate no. ______ issued on ________ at __________.
(Sgd) N.O. TARIO Notary Public for the Province/City of Address Appointment No. _____Until______ Roll of Attorney No. ______ PTR No. ______; IBP No. ______; MCLE Compliance No. ________

Doc. No. Page No. Book No. Series of ____

4. Verification
Except when otherwise specifically required by law or rule, pleadings need not be under oath, verified or accompanied by affidavit. A pleading is verified by an affidavit that the affiant has read the pleading and that the allegations therein are true and correct of his personal knowledge or based on authentic records. A pleading required to be verified which contains a verification based on information and belief, or upon knowledge, information and belief, or lacks a proper verification, shall be treated as an unsigned pleading. (Rule 7, Sec. 4)

4. Verification (Sample)
VERIFICATION
Republic of the Philippines City of __________ ) )S.S.

____________, after having been duly sworn in accordance with the law, deposes and states that: 1. He is the plaintiff in the pleading / document entitled (Pleading/document being verified). 2. He has caused its preparation 3. He has read it and the allegations therein are true and correct of his own knowledge or based on authentic records. (Sgd.) Plaintiff JURAT

5. Certificate Against Forum Shopping

The plaintiff or principal party shall certify under oath in the complaint or other initiatory pleading asserting a claim for relief, or in a sworn certification annexed thereto and simultaneously filed therewith: (a) that he has not theretofore 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; (b) if there is such other pending action or claim, a complete statement of the present status thereof; and (c) 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 (5) days therefrom to the court wherein his aforesaid complaint or initiatory pleading has been filed. (Rule 7, Sec. 5)

4. Certificate against Forum Shopping

Certification against Forum Shopping
Republic of the Philippines City of __________ ) )S.S.

____________, after having been duly sworn in accordance with the law, deposes and states that: 1. He is the plaintiff in the case entitled (Title of the case); 2. He certifies that has not commenced any action or filed any claim involving the same issues before any other court, tribunal or quasi-judicial agency; 3. To the best of his knowledge, there is no such pending action or claim; 4. If he should learn that a similar action or claim has been filed or is pending he shall report such fact within five (5) days from the discovery to this Honorable Court. (Sgd.) Plaintiff JURAT

Answer with Negative and Affirmative Defenses

LEGAL FORM NO. 67

Republic of the Philippines National Capital Judicial Region REGIONAL TRIAL COURT Branch 40, Manila
Delfin Padilla, Plaintiff, _____ -versusJose del Rosario, Defendant. Civil Case No.

DEFENDANTS ANSWER TO COMPLAINT

Defendant Jose Del Rosario, by counsel and to this Honorable Court respectfully responds to the complaint filed by Delfin Padilla and admits, denies and alleges as follows: 1. Defendant admits the portion of par. 1 of the complaint regarding the names, residences and status of the defendant, but denies the rest thereof, for lack of knowledge sufficient to form a belief as to the truth thereof.

2. Referring to paragraph 2, defendant admits that the defendant is engage in the general merchandising business but denies the existence of the partnership as alleged.

3. In referring to paragraph 3, defendant admits that he borrows P1,000,000.00 from the plaintiff as part of the capital of the general merchandising business but denies the rest of the allegations thereof.
4. Defendant admits that the business grew but denies the rest of the allegations for lack of knowledge sufficient to form a belief as to the truth thereof.

ANSWER TO FIRST CAUSE OF ACTION 5. Referring to paragraphs 5 and 6, defendant admits that he refused to make an accounting of the business since the plaintiff has no personality to ask for it since he is only a creditor of the business and the borrowed money has long been paid along with the interest.

ANSWER TO SECOND CAUSE OF ACTION 6. Referring to paragraph 7, the defendant incorporates by admissions, denials and allegations paragraphs 1 through 5, inclusive of this answer.
7. Defendant denies the allegation set forth in paragraph 8, the plaintiff as has long been paid of what is due to him in consequence of the loan extended to the defendant.

ANSWER TO THIRD CAUSE OF ACTION

8. In reference to paragraph 9, defendant incorporates the foregoing admissions, denials and allegations as if copied in full therein. 9. Referring to paragraph 10, defendant admits the purchase of the parcel of land in his own name as part of the expansion program of the business but denies the rest of the allegations thereof. .

10. Referring to paragraph 11, defendant cannot reconvey said parcel of land to the plaintiff because the defendant buys the said parcel of land using his own money and as such the defendant becomes the only sole owner.
11. Referring to paragraph 12, defendant denies the allegation for lack of knowledge sufficient to form a belief as to the truth thereof.

ANSWER TO FOURTH CAUSE OF ACTION 12. Defendants incorporates the foregoing admissions, denials and allegations as if copied in full therein. 13. The defendant allegations thereof. denies the

AFFIRMATIVE DEFENSES

14. The complaint and each purported cause of action alleged therein, fails to state facts sufficient to constitute a cause of action against the defendant.

PRAYER
WHEREFORE, all premises considered, defendant respectfully prays that the complaint be dismissed for lack of merit, with costs against the plaintiff. Defendant further prays for such other reliefs as may be just and equitable in the premises. Manila, January 4, 2013. JUAN DELA CRUZ Counsel for Jose del Rosario Address: Sta. Cruz, Manila Roll no. 91705 IBP No. 200287, issued on January 3, 2013 at Manila PTR No. 87934 issued on January 02, 2013 at Manila

VERIFICATION
Defendant, of legal age, after having been duly sworn, deposes and says: That he has caused the preparation of the foregoing answer with defenses, and the allegations therein are true and correct of his personal knowledge and/or based on authentic records. Executed this 04th day of January 2013 at Manila.

JOSE DEL ROSARIO Defendant/Affiant

SUBSCRIBED AND SWORN to before me, a notary public in and for this 07th day of January 2013 at Manila, Philippines, affiant appearing before me his CTC No. 1234567 issued on January 02, 2013 at City of Manila and presenting to me a document entitled ANSWER, affiant being known to me personally as he is an acquaintance and who signed said document in my presence and sworn as to said document that he understood the contents thereof and that the same was his free and voluntary act and deed.
Notary Public Until December 31, 2013

Doc. No. Page No. Book No. Series of 2013

AFFIDAVIT OF PERSONAL SERVICE

I, Mariano Del Valle, of legal age and having been duly sworn deposed and say:

That I am the messenger of Atty. Juan Dela Cruz, counsel for Jose Del Rosario in the case entitled Delfin Padilla vs. Jose Del Rosario, Civil Case No. 0000, and that such messenger I served upon the counsel of adverse party and other parties, the pleading filed in said case as follows: _____________________, counsel for Delfin Padilla, by personal service by delivering personally copy of said pleading upon said lawyer who acknowledged receipt thereof as shown by his signature or initial on the said pleading this 07th day of January 2013. IN WITNESS WHEREOF, I have signed this affidavit this 08th day of January 2013 at City of Manila.
MARIANO DEL VALLE Affiant

THANK YOU and GOD BLESS EVERYONE.