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Legal Forms > Discussion > Flashcards

Discussion Flashcards

1
Q

Pleading

A

Pleadings are the written statements of the respective claims and defenses of the parties submitted to the court for appropriate judgment.

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2
Q

Characteristics of a pleading

A
  1. written
  2. contains the claims and defenses of the parties
  3. submitted to the court for appropriate judgment
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3
Q

When we say “requirements of a pleading,” what do we mean by that?

A
  • indispensable parts
  • solemnities
  • forms
  • absent any of it will make the pleading defective
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4
Q

What are the 2 general requirements of a pleading?

A
  1. Formal requirements

2. Other requirements

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5
Q

Formal requirements of a pleading

A
  1. caption
  2. body
  3. signature
  4. verification*
  5. certification against forum shopping (CAFS)*
  • not at all times nilalagay sa pleading
    Pero sa complaint, all 1-5 shall be present
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6
Q

Other requirements

A
  1. PTR No. (Professional Tax Receipt)&raquo_space; you pay your professional taxes in a city where you wish to practice your profession so pwede sya maiba iba
  2. IBP No. (Integrated Bar Philippines. Pwede din magbago bago or pwede din lifetime number ang ibigay depende ata sa payment)
  3. Roll of Attorneys (di na to nababago)
  4. MCLE Compliance No. (Minimum Continuing Legal Education)&raquo_space; 25 hrs or 36 units every 3 years Bar Matter 850
  5. Competent Evidence of Identity*
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7
Q

Parts of the Caption

A
  1. Name of the Court
  2. Title of the action
    a. names of the parties
    b. their respective participation
  3. Docket Number, if assigned
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8
Q

Jurisdiction v. Venue

A

Jurisdiction - power of the court

Venue - where the case is initiated

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9
Q

Laws related to Jurisdiction

A
  1. BP 129
  2. RA 7691
  3. Other Laws
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10
Q

Rule 4 of the Rules of Court

A

Rule 4 - Venue of Actions

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11
Q

Personal action v. Real action

A

Personal actions are actions involving the personal liability of an individual over another.

Personal action is an action brought for the recovery of debts, personal property, or damages arising from any cause.

Real actions are actions affecting title to or possession of real property or any interest therein.

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12
Q

Venue of personal actions

A

All other actions may be commenced and tried where the plaintiff or any of the principal plaintiffs resides, or where the defendant or any of the principal defendants resides, or in the case of a non-resident defendant where he may be found, at the election of the plaintiff.

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13
Q

Venue of real actions

A

Actions affecting title to or possession of real property, or interest therein, shall be commenced and tried in the proper court which has jurisdiction over the area wherein the real property involved, or a portion thereof, is situated.

Forcible entry and detainer actions shall be commenced and tried in the municipal trial court of the municipality or city wherein the real property involved, or a portion thereof, is situated.

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14
Q

How do we designate the parties in a case?

A

a. civil case: plaintiff and defendant

b. criminal case
DURING PRELIMINARY INVESTIGATION (complainant vs. respondent)
AFTER AN INFORMATION WAS FILED (People of the Phils, plaintiff vs. accused)

c. special proceedings: petitioner and respondent
d. appeal: appellant v. appellee

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15
Q

What are the contents of the Body?

A

a. Designation of the Parties
b. Allegations
c. Relief/Reliefs/Prayers
d. Date

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16
Q

In writing a body, R7, S2 only?

A

NO. Read also R7, S6.

In addition to R7, S2 and R7, S6, ano pa?
R8, S1.&raquo_space; allegation of the ultimate facts and evidentiary facts

17
Q

Body of the Complaint Formula:

A

R7, S2 + R7, S6 and R8, S1

18
Q

What is the legal implication of a signature in a complaint?

A

Signature by party or counsel

  • signature certifies that the counsel read the pleading and the document and that to the best of his or her knowledge, information and belief, concluded that
    a. the pleading is not being presented for any improper purpose
    b. that the claims are warranted by existing law or jurisprudence
    c. that the facts or denial of facts alleged therein are supported by evidence
19
Q

Legal effect of an unsigned pleading

A

An unsigned pleading produces no legal effect.

20
Q

Rules on Address

A
  • SHOULD NOT BE A POST OFFICE ADDRESS

- place of residence or place of office

21
Q

Warranties of Signature

A

Verification, R7, S4&raquo_space; MEMORIZE kasama to sa formal reqs

22
Q

Are you required to verify all pleadings?

A

No. Unless specifically required by the law or the rules
ETO MGA KAILANGAN:
1. initiatory pleadings
2. petition for review from quasi-judicial agencies to the CA
3. appeal by certiorari from the CTA to the SC
4. appeal by certiorari from CA to SC
5. petition for annulment of judgments or final orders and resolutions…
7. Petition for annulment of judgments or final
orders and resolutions [Sec. 1, Rule 47]
8. Complaint for injunction [Sec. 4, Rule 58]
9. Application for appointment of receiver
[Sec. 1, Rule 59]
10. Application for support pendente lite [Sec.
1, Rule 69]
11. Petition for certiorari against judgments,
final orders, or resolutions of constitutional
commissions [Sec. 2, Rule 64]
12. Petition for certiorari [Sec. 1, Rule 65]
13. Petition for prohibition [Sec. 2, Rule 65]
14. Petition for mandamus [Sec. 3, Rule 65]
15. Petition for quo warranto [Sec. 1, Rule 66]
16. Complaint for expropriation [Sec. 1, Rule
67]
17. Complaint for forcible entry or unlawful
detainer [Sec. 4, Rule 70]
18. Petition for indirect contempt [Sec. 4, Rule
71]
19. Petition for appointment of a general
guardian [Sec. 2, Rule 93]
20. Petition for leave to sell or encumber
property of the ward by a guardian [Sec. 1,
Rule 95]
21. Petition for declaration of competency of a
ward [Sec. 1, Rule 97]
22. Petition for habeas corpus [Sec. 3, Rule
102]
23. Petition for change of name [Sec. 2, Rule
103]
24. Petition for voluntary judicial dissolution of
a corporation [Sec. 1, Rule 104]
25. Petition for cancellation or correction of
entries in the civil registry [Sec. 1, Rule
108]

23
Q

JURAT or ACKNOWLEDGEMENT

A

A - ginagamit lang pag contracts, SPA, conveyances, transfer of rights

JURAT ginagamit sa:
affidavit
certification
sworn statement
verification
24
Q

SAME REQUIREMENTS LANG ANG PAGGAWA NG PETITION AND COMPLAINT. Ano lang difference?

A

Yung title syempre hindi complaint, petition. tapos yung parties, petitioner and respondent.

Legal Forms (5 decks)

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