Rule 7. Parts Of A Pleading

Question 1

What ave the parts of a pleading?

Answer 1

I. Caption ‘
2. Body
3. Signature and address
4 verification
5. Certification

Question 2

How are pleadings verified?

Answer 2

It is verified by an affidavit of an affiant duly authorized to sign said verification.

Question 3

PLEADINGS THAT REQUIRE VERIFICATION

Answer 3

1.summary rules

Petition for relief from judgment - As mentioned, in initiatory pleadings, it
requires Certificate Against Forum Shopping. Automatically, it requires
verification.
2. Petition for review from the TC to CA - Initiatory Pleading.
3. Petition for review from CA and quasi-judicial agencies to the CA - Initiatory
Pleading.
4. Appeal by Certiorari from the CA to the SC - (Petition for Review) still requires
verification because of the Certificate Against Forum Shopping.
Note: Not all pleadings that require verification shall also require Certificate Against Forum Shopping, unless it is an Initiatory pleading.
5. Petition for annulment of judgments or final orders and resolutions - Initiatory Pleading.
6. Complaint for injunction
7. Application for Appointment of a Receiver
8. Complaint for Forcible Entry or Unlawful Detainer
9. All other initiatory pleadings.

Question 4

EFFECTS OF LACK OF OR DEFECTIVE VERIFICATION

Answer 4

1. It shall be treated as an unsigned pleading. ‘
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 and non-compliance therewith does not necessarily render it fatally defective. (Can still be accommodated by the Court)
3. The absence of verification may be corrected by requiring an oath.

Question 5

What is Forum Shopping?

Answer 5

A: It is an act of a party against whom an adverse judgment has been rendered in one forum, seeking and possibly getting a favorable opinion in another forum, other than by appeal or the special civil action of certiorari.

Question 6

Nature of the Certification Against Forum Shopping

Answer 6

It is a mandatory requirement in filing a complaint and other initiatory pleadings asserting a claim or relief.

Question 7

Elements of forum shopping

Answer 7

1. Identity of parties, or at least such parties representing the same interests in both actions;
2. Identity of rights asserted and reliefs prayed for, the relief being founded on the same facts; and
3. The identity of two preceding particulars, such that any judgment rendered in the other action will, regardless of which party is successful, amount to res judicata in the action under consideration.

Question 8

WHO EXECUTES THE CERTIFICATION AGAINST FORUM SHOPPING

Answer 8

Gen. Rule: It is the plaintiff or principal party who executes the certification under oath.
The certification must be executed by the party, not the attorney.

Question 9

What is the rule if there are several plaintiffs?

Answer 9

Gen. Rule: If there are several plaintiffs, all of them must execute the certification against forum shopping. (Vda. de Formoso vs. Philippine National Bank)

Question 10

What will happen to a party who did not sign the Certificate Against Forum Shopping?

Answer 10

Those who did not sign will be dropped as parties to the case (Vda. de Formoso vs. Philippine National Bank)