Lecture_Civpro)AMEV 1 Rule 7

RULE 7 PARTS OF A PLEADING body of rules and principles in accordance the pleading as formal allegation of parties are drafted. 41 amjur Section 1. Caption. (header) The caption sets forth the name of the court, the title of the action, and the docket number if assigned. the caption: 1. 2. 3. name of court title of action names of the parties docket no. Party: The title of the action indicates the names of the parties. They shall all be named in the original complaint or petition (basta orig andun lahat) ; 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. (eg etc., et al. alterius) Their respective participation in the case shall be indicated. include everyone only in the original pleading. Class suit- enough, sufficiently numerous and are representatives if name of defendants unknown- Rule 3 sec Rule 3 Sec. 14. Unknown identity or name of defendant. Whenever the identity or name of a defendant is unknown, he may be sued as the unknown owner, heir, devisee, or by such other designation as the case may require; when his identity or true name is discovered, the pleading must be amended accord if defendant- common name- sec 15 Rule 3 Sec. 15. Entity without juridical personality as defendant. When two or more persons not organized as an entity with juridical personality enter into a transaction, they may be sued under the name by which they are generally or commonly known. action against public officials in official capacitysufficient to designate their official position (eg Sec of Labor, Exe Sec) Sec. 2. The body. The body of the pleading sets forth its designation, the allegations of the party's claims or defenses, the relief prayed for, and the date of the pleading. 1. 2. 3. 3 things: its designation- petition, answer, reply allegation of parties claims or defenses relief prayed for and date

(a) 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. - one par must state only 1 idea as far as practicableright,obli, delict (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. - allegations common to all causes of action (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. - relief does not determine the nature of action but the allegations in the complaint. However, it is sometimes aid in determining the nature of action (d) Date. - Every pleading shall be dated. Sec. 3. Signature and address. 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. kaya mo nilagay address mo, to be served to the processes of the court thus post office box not allowed every pleading must be signed. why? below Significance of attys signature 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. An unsigned pleading produces no legal effect (mere scrap of paper). However, the court may, in its discretion, allow such deficiency to be remedied if it shall appear that the same was due to mere

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inadvertence and not intended for delay. Counsel who deliberately files an unsigned pleading, or signs a pleading in violation of this Rule, or alleges scandalous or indecent matter therein, or fails to promptly report to the court a change of his address, shall be subject to appropriate disciplinary action. Sec. 4. Verification. is it necessary that verification is made? no, bec Signature of counsel sec 3 Except when otherwise specifically required by law or rule, pleadings need not be under oath, verified or accompanied by affidavit. summary procedures- must all be verified, as provided by law on summary procedures how verified? A pleading is verified by an affidavit that the affiant has a) read the pleading and that the b)allegations therein are true and correct of his personal knowledge and c)based on authentic record. 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. why? when you say I have read the allegations and they are true and correct based on info and belief? bec it is considered hearsay- chismis must be based on personal knowledge or based on authentic record what is the purpose? to ensure good faith in the averment in the pleading- under oath perjury absence- mere formal defect and will not dismiss the case Sec. 5. Certification 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 heretofore 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; (what shld you certify?) (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 1. 2. 3. 4. 5. court wherein his aforesaid complaint or initiatory pleading has been filed. when is cert against forum shopping reqd? only in Initiatory Pleading- ung una, ung original In an answer and reply- merely raising a defense initiatory pleading:- you initiate a claim complaint, cross claim, compulsory counter claim( sometimes yes or no, UST v Surla) rd 3 party complaintcomplaint. permissive counterclaim how abt counterclaim? SANTO TOMAS UNIVERSITY HOSPITAL, petitioner, vs. CESAR ANTONIO Y. SURLA and EVANGELINE SURLA, Issue: WON there shld be cert of forum shopping P- bec of the negligence of D, their child fell. child incurred damages, pain P- fright, fear moral damages Counterclaim: of D 1. not yet paid- hospital bills compulsory arose of tran of the subj matter of complaint- hospitalizationcertification of non-forum- it is an initiatory pleading, cant be said that it was initiated by the plaintiff 2. suit is malicious destroyed reputation of hospital compulsory counterclaim harassment, to destroy reputation of the hospital. no need for cert bec it was the plaintiff who initiated it ( thus no longer initiatory) it is just an effect of the harassment suit- it is not initiatory, bec the one who initiated is the complaint itself w/c is alleged as harassment suit. Vitug- technically the 2 is not initiatory, 1 dapat meron, wala kasi yan sa complaint- sagutin mo yancompulsory- arose out of the same tran- paghospital ng bata Gen Rule even compulsory claim must be answered bec it is considered as a complaint of the defendant except when the answer is just to complete what was alleged in the orig complaint Who shld verify? 1. 2. plaintiff orig parties exceptions: H and W- they exercise joint admin of the comm. property corp- not a real being- officers will sign, must be supported of an AUTHORITY FR THE BOARD OF DIRECTORS, get from the Corporate Secretary a Sec Cert- certifying under oath that the resolution that officer is authorized to represent, sign cert of nonnd st

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forum shopping, power to enter into settlement, compromise,etc pre-trial substantial compliance- govt officer who signed labor cases- recruiters solidarily liable w/ the principal. The recruiter can certify, wala ung principal and jtly and severally liable. Chaves v SB you can only file a counterclaim in the SAME CAPACITY he sues if the plaintiff sued in a representative capacity, you cannot sue him in another capacity. Sue him in a separate case if you think he sued just to harass you. ACTIONS; FILING OF ORDINARY CIVIL ACTION FOR DAMAGES AGAINST A LAWYER, PROPER FOR ALLEGED HARASSMENT FALLING UNDER ARTICLE 32 OF THE CIVIL CODE; IT DOES NOT CONSTITUTE A COMPULSORY COUNTERCLAIM. The charges pressed by respondent Enrile for damages under Article 32 of the Civil Code arising from the filing of an alleged harassment suit with malice and evident bad faith do not constitute a compulsory counterclaim. To vindicate his rights, Senator Enrile has to file a separate and distinct civil action for damages against the Solicitor General. To allow a counterclaim against a lawyer who files a complaint for his clients, who is merely their representative in court and not a plaintiff or complainant in the case would lead to mischievous consequences. A lawyer owes his client entire devotion to his genuine interest, warm zeal in the maintenance and defense of his rights and the exertion of his utmost learning and ability. A lawyer cannot properly attend to his duties towards his client if, in the same case, he is kept busy defending himself. Failure to comply with the foregoing requirements shall not be curable by mere amendment of the complaint or other initiatory pleading but shall be cause for the dismissal of the case without prejudice, unless otherwise provided, upon motion and after hearing. The submission of a false certification or noncompliance with any of the undertakings therein shall constitute indirect contempt of court, without prejudice to the corresponding administrative and criminal actions. If the acts of the party or his counsel clearly constitute willful and deliberate forum shopping, the same shall be ground for summary dismissal with prejudice and shall constitute direct contempt, as well as a cause for administrative sanctions. HEIRS OF FABIO MASANGYA and JOSE ABAYON, petitioners, vs. DIOSDADO MASANGYA, what we have in the rules is when the party dies, counsel must inform the court abt the death, court order rep w/in 30 days 1. if it is not done, is the judgment become final and executory by mere sending of notice?- no bec upon death of the party, lawyer-cl rel is terminated. upon the death of the client the only authority of counsel is to inform the court. the rules does not speak if it is the counsel who diesthe client shld inform the court, look for another lawye r (w/o counsel- violation of right of counsel- no due process) Well-settled is the rule that a notice of judgment rendered in the case served on counsel of record is, for all legal purposes, notice to the client, the date of receipt of which is considered the starting point from which the period for appeal prescribed by law shall begin to run. 7 And where counsel is already dead before rendition of judgment, the court may order that notice of decision be sent to the proper party, otherwise, a final and executory judgment may be set aside for lack of due process of law. 8 However, in the case at bar, it is crystal clear that petitioners had all the opportunity to file a motion for reconsideration in the Court of Appeals or an appeal to this Court in view of having actually received the notice of judgment of the Court of Appeals but failed to do so. The subsequent entry of judgment on October 21, 1987 of the December 9, 1986 decision was valid. Their plea, therefore, that they were not accorded the right to procedural due process cannot elicit either approval or sympathy. The denial of their motion for the recall of the writ of execution cannot be stigmatized as contrary to law. How do you substitute counsel? when counsel wants to be relieved of his dutiesnotice to the court that he is withdrawing provided w/ consent of party- no longer by leave of court, mere notice of withdrawal is sufficient. if no consent- motion to withdraw***check provision of actionable doc****

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