Rule 7: Parts of Pleading

Section 1 Caption

a) Sets forth name of the courtb) Title of the action – Should (Indicates the names of the parties)

They shall all be named in the original complaint or petition 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.

c) Docket number if assignedd) Respective participation in the case shall be indicate = REQUIRED

Notes:

1. Names of all the parties in an appeal SHALL be also be indicated in a notice of appeal and record on appeal.

Test of Sufficiency of Initial Pleading

As to form – It clearly states the nature, basis and extent of the claim or demand asserted so that the defendant and court may be fully informed and proceed accordingly.

Notes: A complaint is sufficient if it follows a form furnished by the Rules of Court.

Caption Not Determinative of Nature of the Pleading

It is not the caption but the facts alleged which give meaning to the pleading.

Note:

Vlasons Enterprises Corporation vs CA = SC held that mere failute to to include the name of a party in the title of the complaint is NOT FATAL provided there is a statement in the body of the petition indicating that a defendant was made a party such action.

Sec 2. Body 1. Designation 2. Allegations 3. Relief prayed for4. Date of the pleading

A) Paragraphs

Notes:

Allegation in the body of a pleading shall be divided into paragraph shall be divided into paragraphs so numbered as to be readily identified.

B) Heading

Notes:

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 “cause of action” and so on for the others.

Same applies to the an Answer : “ Answer to the first cause of action

C) Relief - Specify the relief sought BUT it may add a general prayer for such further or other relief.

D) Date) – Every pleading must be dated.

Sec 3. Signature and Address

Notes:

1. Must be signed by the party or counsel representing him stating his address.2. An unsigned pleading produces no legal effect.

The court may allow such deficiency to be remedied if it shall appear that the same was due to inattention, and not intended for delay.

Effect of Failure to Sign or Signing with Intent to Defeat Purpose of Rules

1. Strike out the pleadings as sham and false2. No pleading3. Attorney may be subjected to disciplinary action

Sec 4. Verification

Notes:

General rule: Pleadings need not be under oath, verified or accompanied by affidavit.Exception: REQUIRED BY LAW

Sec 5. Certification against forum shopping

Rules of certification of forum shopping1. 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 that :

a) That he has not theretofore commenced any action or filed any claim involving the same issues in 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;

c) If should thereafter learn that the same or similar action or claim has been filed or is pending he shall report that fact within 5 days therefrom to the court wherein his aforesaid complaint or initiatory pleading has been filed.

Applicable to initiatory pleadingsE.G

1. Original civil complaint2. Permissive counterclaim3. Third party complaint

4. Complaint in interventionNotes: Not mandatory in compulsory pleading

CERTIFICATION NOT NECESSARY IN MOTION FOR EXTENSION

NOT NECESSARY IN APPLICATIONS FOR SEARCH WARRANT

When there is a forum shopping

1. Whenever as a result of an adverse decision in one forum, a party seeks favorable decision (other than by appeal or certiorari) in another,

2. If after he has filed a petition before the Supreme Court, a party files another before the CA since in such case he deliberately splits appeals in the hope that even as one cause in which a particular remedy is sought is dismissed another case would still be open.

3. Where a party attempts to obtain a preliminary injunction in another court after failing to obtain the same from the original court.

Notes:Applicable also in cases handled in administrative process or quasi judicial process

Tokio Marine Malayan Insurance Company vs Valdez – Manifestation of Valdez that she filed a criminal case against petitioner is a valid compliance to the rule of certification of non forum shopping.

Negros Slashers vs Teng – No res judicata since the decision of the MBA will not result to res judicata