2F. Parts of a Pleading (Rule 7)

Question 1

PARTS AND CONTENTS OF A PLEADING OF A
PLEADING (RULE 7)
(Ca-Bo-Si-Ve-C-Na-Su-D)

Answer 1

1. Caption;
2. Body – sets forth its designation, the allegations of the party’s claims or defenses, the relief prayed for, and the date of the pleading: a. Paragraphs b. Headings c. Relief d. Date;
3. Signature and address;
4. Verification (whenever required);
5. Certification against forum shopping;
6. Names of witnesses who will be presented to prove a party’s claim or defense;
7. Summary of the witnesses’ intended testimonies, provided that the judicial affidavits of said witnesses shall be attached to the pleading and form an integral part thereof.

NOTE: Only witnesses whose judicial affidavits are attached to the pleading shall be presented by the parties during trial. Except if a party presents meritorious reasons as basis for the admission of additional witnesses, no other witness or affidavit shall be heard or admitted by the court; and

8. Documentary and object evidence in support of the allegations contained in the pleading. (Sec. 6, Rule 7, ROC, as amended)

Question 2

CAPTION

Answer 2

The caption sets forth the: (N-T-D)

1. Name of the court;
2. Title of the action; and
3. Docket number, if assigned (Sec. 1, Rule 7, ROC, as amended).

The title of the action indicates the names of the parties. They shall all be named in the original complaint or petition but in subsequent pleadings, it shall be sufficient if the name of the first party on each side be stated with an appropriate indication when there are other parties. (Ibid.) Their respective participation in the case shall be indicated. (Ibid.)

Question 3

What is indicated in the body of the pleading

Answer 3

1. Paragraphs – The allegations in the body of a
   pleading shall be 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.
2. Headings
   a. 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.

b. 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

3. 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.
4. Date. (Sec. 2, Rule 7, ROC, as amended)

Question 4

Effect of Counsel’s Signature

Answer 4

The signature of counsel constitutes a certificate by him that:
(improper purpose/ claims warr/fact cont- evid support/ denials)

1. He has read the pleading and document;
2. To the best of his knowledge, information, and belief, formed after an inquiry reasonable under the circumstances:

a. It is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of litigation;

b. The claims, defenses, and other legal contentions are warranted by existing law or jurisprudence, or by a nonfrivolous argument for extending, modifying, or reversing existing jurisprudence;

c. The factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after availment of the modes of discovery under these rules; and
d. The denials of factual contentions are warranted on the evidence or, if specifically so identified, are reasonably based on belief or a lack of information. (Sec. 3, Rule 7, ROC, as amended)

Question 5

Effect of Violation of the Rule on Signature and Address

Answer 5

If the court determines, on motion or motu proprio and after notice and hearing, that this rule has been violated, it may impose an appropriate sanction, on any attorney, law firm, or party that violated the rule, or is responsible for the violation. (Ibid.)

NOTE: Absent exceptional circumstances, a law firm shall be held jointly and severally liable for a violation committed by its partner, associate, or employee. (Ibid.)

Question 6

How Pleadings are verified

Answer 6

It is verified by an affidavit of an affiant duly authorized to sign said verification. The authorization of the affiant to act on behalf of a party, whether in the form of a secretary’s certificate of special power of attorney, should be attached to the pleading, and shall allege the following attestations:

1. The allegations in the pleading are true and correct based on his or her personal knowledge, or based on authentic documents;
2. The pleading is not filed to harass, cause unnecessary delay, or needlessly increase the cost of litigation; and
3. The factual allegations therein have evidentiary support or, if specifically so identified, will likewise have evidentiary support after a reasonable opportunity for discovery.

The signature of the affiant shall further serve as a certification of the truthfulness of the allegations in the pleading. (Sec. 4, Rule 7, ROC, as amended)

Question 7

Significance of Verification

Answer 7

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. (Riano, 2019, citing Sarmiento v. Zaratan, G.R. No. 167471, 05 Feb. 2007; BPI vs CA, G.R. No. 170625, 17 Oct. 2008

Question 8

Example of Pleadings that must be verified

Answer 8

p. 74

Question 9

Effects of Lack of or Defective Verification

Answer 9

A pleading required to be verified that contains a verification based on “information and belief,” or upon “knowledge, information and belief,” or lacks the proper verification shall have the following effects:

1. It shall be treated as an unsigned pleading. (Sec. 4, Rule 7, ROC, as amended)
2. It does not necessarily render the pleading defective. It is only a formal and not a jurisdictional requirement. The requirement is a condition affecting only the form of the pleading (Benguet Corp. v. Cordillera Caraballo Mission, Inc., G.R. No. 155343, 02 Sept. 2005) and non-compliance therewith does not necessarily render it fatally defective. (Sarmiento v. Zaranta, G.R. No. 167471, 05 Feb. 2007)
3. The absence of verification may be corrected by requiring an oath. The rule is in keeping with the principle that rules of procedure are established to secure substantial justice and that technical requirements may be dispensed with in meritorious cases. (Pampanga Sugar Development Co., Inc. v. NLRC, G.R. No. 112650, 29 May 1997)