LEGAL FORMS PREPARED BY:

SHANON GACA

PLEADINGS complaint, they shall be prefaced by the words

 Written statements of the respective claims and defenses “answer to the first cause of action” or “answer to the
submitted to the court for appropriate judgment second cause of action” and son on; and when one or
 E.g., complaint, answer, counter-claim, cross-claim, reply, more paragraphs of the answer are addressed to
3rd 4th etc. complaint several causes of action, they shall be prefaced by
words to that effect
PURPOSE (c) Relief – the pleading shall specify the relief sought,
 To define the issues and form the foundation of the proof to but it may add a general prayer for such further or
be submitted at the trial other relief as may be deemed just or equitable
(d) Date – every pleading shall be dated
SYSTEM OF PLEADING: Code Pleading
3. Signature and Address (Section 3)
WHEN ARE PLEADINGS DEEMED SUFFICIENT
Every pleading must be signed by the party or counsel
 When they substantially comply with the requirements of the
representing him, stating in either case his address which
law as to form and substance
should not be a post office box.
DEFECT IN FORM The signature of counsel constitutes a certificate by him
 When, though enough facts are stated, they are not stated that he has read the pleading; that to the best of his
in the manner required by law knowledge, information, and belief, there is good ground
 Will NOT invalidate a pleading to support it; and that it is not interposed for delay.
An unsigned pleading produces no legal effect. However,
DEFECT IN SUBSTANCE the court may, in its discretion, allow such deficiency to be
 When a pleader fails to state enough facts to remedied if it shall appear that the same was due to mere
show/constitute a prima facie cause of action or defense inadvertence and not intended for delay. Counsel who
deliberately filed an unsigned pleading, or signs a pleading
HOW ARE PLEADINGS CONSTRUED in violation of this Rule, or alleges scandalous or indecent
 Liberally construed matter therein, or fails to promptly report to the court a
EXCEPTIONS change of his address, shall be subject to appropriate
1) When pleading is obviously vague and uncertain for the disciplinary action.
court to understand what the pleader is complaining
about 4. Verification (Section 4)
2) When there are statements or matters in a pleading Except when otherwise specifically required by law or rule,
which are redundant, immaterial, impertinent or pleadings need not be under oath, verified, or
scandalous, they can be stricken out accompanied by affidavit.
3) When a pleading is resorted to for purpose of delaying A pleading is verified by an affidavit that the affiant has
the proceedings read the pleading and that the allegations therein are true
4) When on the basis of inadequate allegations, it appears and correct of his knowledge and belief.
that pleader is suppressing facts material to the case A pleading required to be verified which contains a
5) When pleadings contain allegations that are ambiguous verification based on “information and belief,” or upon
and evasive “knowledge, information and belief,” or upon “knowledge,
information, and belief” or lacks proper verification, shall
FORMAL PARTS OF A PLEADING (Rule 7, ROC) be treated as an unsigned pleading.
1. Caption (Section 1)
The caption sets forth the name of the court, the title of 5. Certification Against Forum Shopping (Section 5)
the action, and the docket number if assigned. The plaintiff or principal party shall certify under oath in
The title of the action indicates the name of the parties. the complaint or other initiatory pleading asserting a claim
They shall all be named in the original complaint or for relief, or in a sworn certification annexed thereto and
petition; but in subsequent pleadings, it shall be sufficient simultaneously filed therewith: (a) that he or she has not
if the name of the first party on each side be stated with theretofore commenced any action or filed any claim
an appropriate indication when there are other parties. involving the same issues in any court, tribunal or quasi-
Their respective participation in the case shall be indicated. judicial agency and, to the best of his or her knowledge,
no such other action or claim is pending therein; (b) if
2. The Body (Section 2) there is such other pending action or claim, a complete
The body of the pleading sets forth its designation, the statement of the present status thereof; and (c) if he or
allegations of the party’s claims or defenses, the relief she should thereafter learn that the same or similar action
prayed for, and the date of the pleading. or claim has been filed or is pending, he or she shall report
(a) Paragraphs – the allegations in the body of a that fact within five (5) calendar days therefrom to the
pleading shall be divided into paragraphs so numbered court wherein his or her aforesaid complaint or initiatory
as to be readily identified, each of which shall contain pleading has been filed.
a statement of a single set of circumstances so far as Failure to comply with the foregoing requirements shall not
that can be done with convenience. A paragraph may be curable by mere amendment of the complaint or other
be referred to by its number in all succeeding initiatory pleading but shall be cause for the dismissal of
pleadings. the case without prejudice, unless otherwise provided,
(b) Headings – when two or more causes of action are upon motion and after hearing. The submission of a false
joined, the statement of the first shall be prefaced by certification or non-compliance with any of the
the words “first cause of action,” of the second by undertakings therein shall constitute indirect contempt of
“second cause of action,” and so on for the others court, without prejudice to the corresponding
When one or more paragraphs in the answer are administrative and criminal actions. If the acts of the party
addressed to one of several causes of action in the or his or her counsel clearly constitute willful and
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LEGAL FORMS PREPARED BY:
SHANON GACA

deliberate forum shopping, the same shall be ground for said verification. The authorization of an affiant to act on
summary dismissal with prejudice and shall constitute behalf of a party, whether in the form of a secretary’s
direct contempt, as well as a cause for administrative certificate or a special power of attorney, should be attached
sanctions. to the pleading and shall allege the following attestations:
a) The allegations in the pleading are true and correct
PRAYER based on his or her personal knowledge, or based on
 Part of pleading which states the relief(s) prayed for by the authentic documents
parties b) The pleading is not filed to harass, cause unnecessary
 NOT part of the cause of action delay, or needlessly increase the cost of litigation
c) The factual allegations have evidentiary support or, if
specifically so identified, will likewise have evidentiary
JURAT support after a reasonable opportunity for discovery
 An act in which an individual on a single occasion: The signature of the affiant shall further serve as a
a) Appears in person before the notary public and presents certification of the truthfulness of the allegations in the
an instrument or document pleading.
b) Is personally known to the notary public or identified by A pleading required to be verified that contains a verification
the notary public through competent evidence based on “information and belief” or upon “knowledge,
c) Signs the instrument or document in the presence of the information, and belief” or lacks proper verification, shall be
notary treated as an unsigned pleading.
d) Takes an oath or affirmation before the notary public as
WHO MAY VERIFY A PLEADING
to such instrument or document
1) Party
ACKNOWLEDGMENT 2) His representative
 An act in which an individual on a single occasion: 3) Lawyer
a) Appears in person before the notary public and present 4) Any person who personally knows the truth of the facts
an integrally complete instrument or document alleged
b) Is attested to be personally known to the notary public
NEED NOT BE
or identified by the notary public through competent
VERIFIED IN
evidence SUPPORTING
THE MANNER
c) Represent to the notary public that the signature on the AFFIDAVITS OF
PLEADINGS AND FORM
instrument or document was voluntarily affixed by him MERITS ARE
THAT SHOULD PRESCRIBED BY
for the purposes stated…, declares that he has executed REQUIRED IN
BE VERIFIED SECTION 4,
the instrument or document as his free and voluntary act THE FOLLOWING
RULE 7, BUT
and deed, and, if he acts in a particular representative CASES
MUST BE UNDER
capacity, that he has the authority to sign in that
OATH
capacity
1) Denial of the
 E.g., special or general power of attorney, certification, deed 1) Petition for
Genuineness & 1) Motion to
of donation, deed of sale, extrajudicial settlement of estate, Relief from
Due Execution Postpone for
affidavits; contracts involving money or property Judgment
of an Absence of
(Rule 38, Sec.
*an acknowledgment is the act of one who has executed a Actionable Evidence
3)
deed in going before some competent officer or court (it may be Document
a prosecutor) and declaring it to be his act or deed; while a 2) Petition for
jurat is that part of an affidavit where the officer certifies that Review from 2) Motion to
the same was sworn before him; not a proof of its execution the RTC to the 2) Denials of the Postpone for
Court of Allegations of Illness of a
FUNCTION OF ACKNOWLEDGE: to authorize the deed to be Appeals Usury Party or
given in evidence without further proof of execution AND to (Rule 42, Sec. Counsel
entitle it to be recorded with the civil register of the place where 1)
the person is a notary of 3) Petition for
Review from
ACKNOWLEDGMENT BY CORPORATION the Court of
 The incorporators, if they so choose, may acknowledge the Tax Appeals
Articles of Incorporation before a notary public in accordance and Quasi- 3) Motion to Set 3) Motion for
with the applicable laws and rules Judicial Aside Order of Summary
Agencies to Default Judgment
VERIFICATION
the Court of
 The declaration under oath or upon penalty of perjury that a
Appeals
statement or pleading is true, located at the end of a
(Rule 43, Sec.
document
5)
 E.g., civil complaints or initiatory pleadings; counterclaims,
4) Appeal by 4) Answer to 4) Motion for
complaint for injunction, forcible entry, unlawful detainer;
Certiorari from Written New Trial on
petitions for review, certiorari, mandamus, prohibition
the Court of Interrogatories the Ground of
RULE 7, SEC. 4, ROC: Appeals to the Fraud,
Except when otherwise specifically required by law or rule, Supreme Accident,
pleadings need not be under oath, verified. A pleading is Court Mistake,
verified by an affidavit of an affiant duly authorized to sign (Rule 45, Sec. Excusable

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LEGAL FORMS PREPARED BY:
SHANON GACA

4) Negligence Competency
5) Petition for of a Ward
Annulment of 18)Petition for
Judgments or Habeas
5) Answer to 5) Petition for
Final Orders Corpus
Request for Relief from
and 19)Petition for
Admission Judgment
Resolutions Change of
(Rule 47, Sec. Name
4) 20)Petition for
6) Complaint for Voluntary
Injunction 6) Third Party Judicial
(Rule 58, Sec. Claim Dissolution of
4) a Corporation
7) Application for 21)Petition for
Appointment 7) Proof Cancellation
of a Receiver Required of a or Correction
(Rule 59, Sec. Redemptioner of Entries in
1) the Civil
8) Application for Registry
Support 8) Motion for 22)Pleadings Filed
Pendente Lite Preliminary in the Inferior
(Rule 61, Sec. Attachment Courts in
1) Cases Covered
9) Petition for by the Rules
Certiorari on Summary
Against the 9) Motion for Procedure are
Judgments or Dissolution of All Required to
Final Orders Preliminary be Verified
and Resolution Injunction
(Rule 64, Sec. AFFIDAVITS
2)  It is a sworn statement in writing sworn before a notary or
10)Petition for other officers entitled to administer oaths or take
Certiorari, acknowledgments
Prohibition, 10)Application  Facts of direct personal knowledge of the affiants
and for a Writ of  A written statement of facts voluntarily made by an affiant
Mandamus Replevin under oath or affirmation administered by a person
(Rule 65, authorized to do so by law
Secs. 1-3)  E.g., supporting and opposing affidavits; counter-affidavits;
11)Quo Warranto 11)Claim Against judicial affidavits
(Rule 66, Sec. Decedent’s
1) Estate Affidavit of Good Faith
12)Motion for
A certificate included in the chattel mortgage contract executed
New Trial on
by both the mortgagor and the mortgagee that the mortgage is
the Ground of
constituted to secure the specified obligation, and that the said
12)Complaint for Newly
obligation is a valid, just and subsisting obligation and not one
Expropriation Discovered
entered into for the purpose of fraud
Evidence in
Criminal Affidavit of Merit
Cases
13)Complaint for An affidavit which states that the defendant has a meritorious
Forcible Entry defense of a substantial and not merely technical nature and
or Unlawful stating the facts constituting the same
Detainer
14)Petition for PARTS OF AFFIDAVIT:
Indirect
(a) Venue
Contempt
15)Petition for
Place where the affidavit was taken which will show whatever
Appointment
the official administering the oath of affirmation has acted
of a General
within the jurisdiction
Guardian
16)Petition for (b) Body
Leave to Sell
or Encumber The facts stated in the body of an affidavit must be stated
Property of an positively, and not merely as a matter of belief, by one who has
Estate by a actual knowledge of the fact and its allegations should be full,
Guardian certain and exact
17)Petition for
Declaration of (c) Signature of the Affiant and the Jurat
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LEGAL FORMS PREPARED BY:
SHANON GACA

The proper place of the signature is below the body of the CHECK
affidavit  A bill of exchange drawn on a bank payable on demand

*affidavit of adjoining owners – needed when the adjoining PROTEST OF BILL OF EXCHANGE
owner’s lot is NOT titled  When a promissory note or bill of exchanges has been
dishonored by non-acceptance or non-payment, the holder
*affidavit of desistance – amicable settlement; used by the may, within a reasonable time, cause such dishonor to be
Court to dismiss the case; must be duly notarized and noted and certified by a notary public
subscribed and sworn to a prosecutor
NOTICE OF PROTEST
*affidavit of proof of service of publication – affidavit of the  Bringing, either verbally or in writing, to the knowledge of
editor of the newspaper the drawer or indorser of an instrument, the fact that a
specified negotiable instrument, upon proper proceedings
*affidavit of merit
taken, has not been accepted or paid and that the party
notified is expected to pay it

NEGOTIABLE INSTRUMENTS PROTEST NOTICE OF DISHONOR

1) Must be in writing and signed by the maker or drawer  Required only in case of  Required in any negotiable
2) Must contain an unconditional promise or order to pay a dishonor of a foreign bill instrument
sum certain in money  Always written  May be oral or written
3) Must be payable on demand, or at a fixed or determinable  Includes presentment,
future time notice of dishonor, and all
 Limited only to such notice
4) Must be payable to order or bearer the steps accompanying
5) Where the instrument is addressed to a drawee, he must dishonor
 Made either by a notary
be named or otherwise indicated therein with reasonable
public or by any  Made either by a party or
certainty
respectable resident in the his agent
PROMISSORY NOTE presence of witness
 Unconditional promise to pay a definite sum of money  Made at the place where  Place of dishonor is not
 Maker and payee the bill is dishonored essential
 Made on the day of  Made within the day
BILL OF EXCHANGE dishonor prescribed
 Unconditional order in writing requiring the person to whom
it is addressed to pay on demand or fixed time to order or to
TRADE ACCEPTANCE
drawer
 Bill of exchange drawn by the seller of goods in his favor
 Drawer, drawee, payee
against the buyer who accepts it
BILL OF EXCHANGE PROMISSORY NOTE  Ordinarily paid at the buyer’s bank, in which case it may be
 An unconditional order treated as a check chargeable against the buyer’s balance
addressed by one person  An unconditional promise without further instruction or authority
to another requiring the made by one person to
latter to pay the another to pay it CONTRACT
instrument
A meeting of the minds between two persons whereby one
 Drawer
 Maker binds himself with respect to the other, to give something or to
Drawee
Payee render some service
Payee
 Drawer is only secondarily  The maker is primarily An agreement of two or more persons for the purpose of
liable liable creating, modifying, and extinguishing a juridical relation
 A bill drawn payable to the between them
drawer’s own order is  A note drawn payable to
complete without the maker’s own order is Elements
indorsement provided it not complete until indorsed
has been accepted by the by him Essential – consent, subject matter, cause or consideration
drawee
Natural – warranty against hidden defects
 Must be presented for
acceptance, and the  There is no need of Accidental – they may be present or absent (e.g., stipulation
drawee is not liable unless presentment for to pay in one year or two years, with interest); the terms of the
and until he accepts the acceptance contract
same
 A bill payable on demand  A note payable on demand
must be presented for must be presented for
payment within a payment within a
reasonable time from its reasonable time from its
last negotiation issue
*when a note is indorsed by the payee, it becomes just like a
bill
*after a bill of exchange has been accepted, it becomes very
similar to a promissory note

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