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9 views30 pagesEssential Parts of Legal Pleadings
Rule 7 outlines the formal parts and contents of a pleading, including the caption, body, signature, verification, and certification against forum shopping. Each pleading must contain specific elements such as the court name, party titles, allegations, relief sought, and must be signed and dated. Additionally, certain pleadings require verification under oath, and failure to comply with these rules may lead to dismissal or sanctions.
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0% found this document useful (0 votes)
9 views30 pagesEssential Parts of Legal Pleadings
Rule 7 outlines the formal parts and contents of a pleading, including the caption, body, signature, verification, and certification against forum shopping. Each pleading must contain specific elements such as the court name, party titles, allegations, relief sought, and must be signed and dated. Additionally, certain pleadings require verification under oath, and failure to comply with these rules may lead to dismissal or sanctions.
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Chris Owen SantosCopyright
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RULE 7
PARTS AND CONTENTS OF
A PLEADING
GROUP 4
FORMAL PARTS OF A
PLEADING
Section 1. Caption.
Section 2. The body.
Section 3. Signature and address.
Section 4. Verification.
Section 5. Certification against forum shopping.
Rule 7,
Section 1
The caption sets forth the name of the court, the title of the
action, and the docket number if assigned.
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.
Their respective participation in the case shall be indicated.
CAPTION
• NAME OF THE COURT
• TITLE OF THE ACTION: indicate the names of
the parties
• DOCKET NUMBER (if assigned)
Rule 7,
Section 2
The body of the pleadings set forth its designation, the
allegations of the party’s claims or defenses, the relief
prayed for, and the date of the pleading.
THE BODY
• PARAGRAPHS
• HEADINGS
• RELIEF
• DATE
Numbered as to be readily
identified;
PARAGRA
Each shall contain a statement of a
PHS single set of circumstances so far
[Rule 7, Sec. 2 (a)] as can be done with convenience;
and
May be referred to by its number in
all succeeding pleadings
Two or more causes of action are
joined? “first cause of action”,
“second cause of action”, and
so on.
One or more paragraphs in the
answer to one of several causes of
HEADING action in the complaint? “answer
to the first cause of action”,
S “answer to the second cause of
[Rule 7, Sec. 2 (b)] action”, and so on
One or more paragraphs of the
answer are addressed to several
cause of action? They shall be
prefaced by words to that effect.
Specify the relief sought; and
RELIEF
[Rule 7, Sec. 2 (c)]
May add a general prayer for such
further or other relief as may be
deemed just or equitable.
DATE Every pleading SHALL be
[Rule 7, Sec. 2 (d)] dated.
SIGNATURE
AND ADDRESS
(Rule 7,THEM
Sec. 3)
• SIGNATURE OF THE PARTY OR COUNSEL
REPRESENTING
• ADDRESS (NOT POST OFFICE BOX)
*SUBSCRIBING TO A PLEADING BY ONE WHO IS
What if a party is not represented by their
attorney?
The party shall sign their pleading and state their address
(Sec. 3, Rule 7, Revised Rules of Court)
NOTE: A mark made by a party unable to write their
name is SUFFICIENT.
Why is the address and signature of
the lawyer important?
• Because court notices and pleadings of the opposing
counsel are sent to them, NOT TO THEIR CLIENT; and
• Constitutes a certificate by them that they had read
the pleading;
• There is a ground to support it and that it is not
interpreted for delay.
VERIFICATION
(Rule 7, Sec. 4)
GENERAL RULE: Pleadings need not
be under oath, verified
EXCEPTION: When specifically
required by law or rule.
PLEADINGS THAT SHOULD
BE VERIFIED
Petition
Judgment
for Relief from
Petition for Review from the RTC to
the CA
Petition for Review from the CTA and
Quasi-Judicial Agencies to the CA
Appeal by Certiorari from the CA to
PLEADINGS THAT SHOULD
BE VERIFIED
Petition for Annulment of Judgments or Final
Orders and Resolutions
Complaint for Injunction
Application for Appointment of a
Receiver
Application for Support Pendente Lite
PLEADINGS THAT SHOULD
BE VERIFIED
Petition for Certiorari Against the Judgments
or Final Orders and Resolution
Petition for Certiorari; Petition for
Prohibition; Petition for Mandamus
Quo Warranto
Complaint for Expropriation
PLEADINGS THAT SHOULD
BE VERIFIED
Complaint for Forcible Entry or Unlawful
Detainer
Petition for Indirect Contempt
Petition for Appointment of a General
Guardian
Petition for Leave to Sell or Encumber Property
of an Estate by a Guardian
PLEADINGS THAT SHOULD
BE VERIFIED
Petition for Declaration of Competency of
a Ward
Petition for Habeas Corpus
Petition for Change of Name
Petition for Voluntary Judicial Dissolution of a
Corporation
PLEADINGS THAT SHOULD
BE VERIFIED
Petition for Cancellation or
Entries in the Civil Registry
Correction of
Pleadings filed in the Inferior Courts in
Cases Covered by the Rule on Summary
Procedure
PLEADINGS NEED NOT BE VERIFIED, BUT
MUST BE UNDER OATH.
Denial of the Genuineness and Due
Execution of an Actionable Document
Denial of the Allegations of Usury
Motion to Set Aside Order of Default
Answer to Written Interrogatories
Answer to Request for Admission
HOW IS A PLEADING
VERIFIED?
Rule 7, Sec. 4(2):
A pleading is verified by an affidavit of an affiant
duly authorized to sign said verification. The authori
WHAT IS AN UNSIGNED
PLEADING?
Rule 7, Sec. 4(3) OF THE 1997 RULES OF CIVIL
PROCEDURE:
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.
CERTIFICATION
OF AGAINST
FORUM
Plaintiff shall CERTIFY UNDER OATH:
SHOPPING
1. They DID NOT FILE any claim involving the same issues in any court,
tribunal or quasi-judicial agency;
Rule 7, Section 5
2. NO such other action or claim is PENDING;
3. IF there is pending action or claim, A COMPLETE STATEMENT OF THE
PRESENT STATUS; and
4. IF they should learn that the same or similar action/claim has been
filed or is pending, THEY SHALL REPORT THAT FACT WITHIN FIVE (5)
DAYS THEREFROM TO THE COURT WHEREIN THEIR AFORESAID
COMPLAINT OR INITIATORY PLEADING HAS BEEN FILED.
PLEASE NOTE:
FAILURE to comply SHALL NOT be curable by mere amendment BUT
shall be the cause for the DISMISSAL OF THE CASE WITHOUT
PREJUDICE,
- unless otherwise provided, upon motion and after hearing.
Submission of FALSE CERTIFICATION or NON-COMPLIANCE shall
constitute INDIRECT CONTEMPT OF COURT, without prejudice to the
corresponding administrative and criminal actions.
If there are acts that clearly constitute WILLFUL AND DELIBERATE
FORUM SHOPPING, it shall be a ground for SUMMARY DISMISSAL
WITH PREJUDICE, DIRECT CONTEMPT, and ADMINISTRATIVE
SANCTIONS.
References
Revised Legal
Rules of Forms
Court
By:
Rolando
THANK
YOU!