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List of Pleadings Which Must Be Verified

(Update #1)

Posted by Oli Reyes on November 19, 2009

Every law student knows of the urgency of the verification requirement; that a
defective or absent verification when required may be cause of the outright
junking of the pleading so impaired. Many clients have ended up befuddled, if
not outraged, at seeing their complaints dismissed due to improper verification.
Indeed, the verification requirement has been the cause for minor paranoia
among lawyers in the Philippines, and the prudential rule has emerged that
whenever in doubt, verify.

(Another common, often fatal flaw in verification is the continued adherence by

some lawyers to the now obsolete rule that a pleading may be verified as “true
and correct based on knowledge or belief”. Since the adoption of A.M. No. 00-2-
10-SC, amending Section 4,  Rule 7  of the 1997 Rules of Civil Procedure,
pleadings must know be verified as “true and correct based on personal knowledge or
based on authentic records.”)

Still, as a general rule, pleadings need not be verified, and it is only when
required by statute or a procedural rule that a pleading should be verified. What
follows below, for the benefit of practictioners, is a comprehensive list of
pleadings filed before the courts or quasi-judicial agencies that are required to be
verified.

BEFORE THE COURTS

Civil complaints or initiatory pleadings asserting claims for relief

(including permissive counter-claims). (See Sec. 5, Rule 7, Rules of Civil
Procedure)
Statement of Claim for Small Claims Cases, as well as the Response
thereto (See Secs. 5 & 11, Rules of Procedure for Small Claims Cases)
Complaint for injunction (See Sec. 4, Rule 58, Rules of Civil Procedure)
Application for appointment of receiver (See Sec. 1, Rule 59, Rules of Civil
Procedure)
Application for support pendente lite (See Sec. 1, Rule 69, Rules of Civil
Procedure)
Petition for forcible entry or unlawful detainer, the answers thereto, and
the answers to any compulsory counter-claim and cross-claim pleaded in
the answer  (See Sec. 4, Rule 70, Rules of Civil Procedure)
Petition for indirect contempt (See Sec. 4, Rule 71, Rules of Civil
Procedure)
Petition for relief from judgment or order. (See Sec. 3, Rule 38, Rules of
Civil Procedure)
Petition for Review from the RTC to the Supreme Court (See Sec. 2[c], Rule
41, Rules of Civil Procedure)
Petition for Review from RTC to Court of Appeals (See Sec. 1, Rule 42,
Rules of Civil Procedure)
Petition for Review under Rule 43, from CTA and other quasi-judicial
agencies to Court of Appeals (See Sec. 5, Rule 43, Rules of Civil Procedure)
Appeal by certiorari under Rule 45, from Court of Appeals to Supreme
Court (See Sec. 1, Rule 45, Rules of Civil Procedure)
Petition for certiorari (special civil action) under Rule 64 (See Sec. 2, Rule
64, Rules of Civil Procedure)
Petition for certiorari (special civil action) under Rule 65 (See Sec. 1, Rule
65, Rules of Civil Procedure)
Petition for prohibition under Rule 65 (See Sec. 2, Rule 65, Rules of Civil
Procedure)
Petition for Mandamus under Rule 65 (See Sec. 3, Rule 65, Rules of Civil
Procedure)
Petition for appointment of guardian (See Sec. 2, Rule 93, Rules of Court)
Petition for leave filed by guardian to sell or encumber property of an
estate (See Sec. 1, Rule 95, Rules of Court)
Petition for declaration of competency of a ward (See Sec. 1, Rule 97, Rules
of Court)
Petition for habeas corpus (See Sec. 3, Rule 102, Rules of Court)
Petition for change of name (See Sec. 2, Rule 103, Rules of Court)
Petition for voluntary judicial dissolution of a corporation (See Sec. 1, Rule
105, Rules of Court; see also Sec. 119, Corporation Code)
Petition for cancellation or correction of entries in the civil registry under
Rule 108 (See Sec. 1, Rule 108, Rules of Court)
Petition for correction of a clerical or typographical error in an entry and/or
change of first name or nickname in the civil register filed with the civil
register office pursuant to Republic Act No. 9048 (See. Sec. 3, Rep. Act No.
9048)
 Petition for adoption (See Sec. 7, Rule of Adoption)
Petition for legal separation (See Sec. 2(b)(3), Rule on Legal Separation)
Petition for declaration of absolute nullity of void marriages and
annulment of voidable marriages (See Sec. 5, Rule on Declaration of
Absolute Nullity of Void Marriages and Annulment of Voidable
Marriages)
Petitions in summary judicial proceedings in the family law based on
Articles 41, 51, 69, 73, 96, 124,127, 223, 225, 235 & 239 of the Family Code
(See Arts. 239, 249 & 253, Family Code)
Complaints filed  under the Interim Rules of Procedure on Intra-Corporate
Controversies, as well as the Answer thereto. (See Sec. 3, Rule 2, Interim
Rules of Procedure on Intra-Corporate Controversies)
All pleadings, motions, oppositions, defenses or claims filed by any
interested party in any proceeding governed by the Rules of Procedure on
Corporate Rehabilitation (2008) (See Sec. 1, Rule 3, Rules of Procedure on
Corporate Rehabilitation)
Complaints filed with the Court of Tax Appeals (See Sec. 1, Rule 6, Revised
Rules of Procedure of the Court of Tax Appeals)
Petitions for Review filed with the CTA (See Sec. 2, Rule 6, Revised Rules
of Procedure of the Court of Tax Appeals)

BEFORE CONSTITUTIONAL COMMISSIONS/QUASI-JUDICIAL AGENCIES

The following pleadings filed before the Commission on Elections, as well

as the answers thereto: protests or petitions in ordinary actions, special
actions, special cases, special reliefs, provisional remedies, special
proceedings, counter-protests, counter-petitions, interventions, motions for
reconsiderations, appeals from rulings of board of canvassers. (See Sec.
3(b), Rule 7, COMELEC Rules of Procedure)
Complaints filed with the Regional Office of the Housing and Land Use
Regulatory Board (See Sec. 1, Rule III, 1996 Revised Rules of Procedure of
the HLURB, as amended)
Petitions for Review filed with the Regional Officer of the HLURB (See
Sec. 1, Rule XII, 1996 Revised Rules of Procedure of the HLURB)
Applications for new services, complaints, petitions, oppositions and
answers filed with the Land Transportation Franchising and Regulatory
Board (See Sec. 2, Rule 3, Rules of Practice and Procedure Before the
LTFRB)
Complaints filed in administrative cases filed with the Insurance
Commission. (Sec. 4, Rule I, Rules of Procedure Governing Administrative
Cases Before the Insurance Commission)
Complaints filed with Insurance Commission seeking relief from
insurance companies or mutual benefit associations. (See Sec. 1, Rule 3,
Rules of Procedure Governing Hearings Before the Insurance
Commission)
 Position Papers filed before Labor Arbiters (See Sec. 7, Rule V, 2005 Rules
of Procedure of the National Labor Relations Commission)
Complaints and petitions filed with the Securities and Exchange
Commission in the exercise of its adjudicative functions, as well as the
answers thereto. (See Sec. 3-3, Rule III, Revised Rules of Procedure 2000 of
the Securities and Exchange Commission)

Some items from the list were culled from Agpalo’s Legal Forms: Practical
Exercises in Pleading & Conveyance (2006 ed.), though this stands as a more
updated and comprehensive enumeration. Let us know if we’ve missed out on
any other pleading which must be verified, we’ll also be updating this list from
time to time to reflect the current status of relevant laws or rules)

(Update #1. There’s more! Thanks to bayanjoseph)

All complaints, compulsory counterclaims and cross-claims’ pleaded in the

answer, and the answers thereto, filed under summary procedure in the
Metropolitan Trial Courts, the Municipal Trial Courts in Cities, the
Municipal Trial Courts, and the Municipal Circuit Trial Courts. (See Sec. 3,
Rule 2, Revised Rules on Summary Procedure)
Petition for review, as well as the comment thereto, filed with the Secretary
of the Department of Justice, appealing from resolutions of Chief State
Prosecutors, Regional State Prosecutors, and Provincial/City prosecutors in
cases subject of preliminary investigation/reinvestigation. (See Secs. 4 & 8,
2000 NPS Rule on Appeal)
Application of an issuance for a writ of search and seizure in civil actions
for infringement of intellectual property rights (See Sec. 4, Rule on Search
and Seizure in Civil Actions for Infringement of IP Rights)
A petition for the issuance of a writ of amparo and the return thereof; and
in connection with the amparo proceedings, motion for an inspection order
or for a production order. (See The Rule on the Writ of Amparo)
A petition for the issuance of a writ of habeas data and the return thereof.
(See The Rule on the Writ of Habeas Data)
Election protests or petitions for quo warranto relating to elective
municipal and barangay officials filed with the general courts; as well as
the answers thereto (See Sec. 7, Rule 3 & Sec. 1, Rule 4, Rules of Procedure
in Election Contests Before the Courts Involving Elective Municipal and
Barangay Officials)

This entry was posted on November 19, 2009 at 12:34 pm and is filed under
Procedural. Tagged: procedural law, verification. You can follow any responses
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7 Responses to “List of Pleadings Which Must Be
Verified (Update #1)”

1. Bayan said

November 19, 2009 at 6:10 pm

You guys are doing a great job! Hope to catch more updates from this site!

Reply

2. John Ungab said

February 6, 2010 at 9:01 pm

Thanks for the input.
Been looking for copy Rules of Practice and Procedure Before the LTFRB.
Would be helpful if I can get hold of the same.

Reply

3. TheBangus Ultimatum » Bookmarks for February

10th through February 26th said

February 26, 2010 at 1:07 pm

[…] List of Pleadings Which Must Be Verified (Update #1) « Law Innovations
(Philippines) – ndeed, the verification requirement has been the cause for
minor paranoia among lawyers in the Philippines, and the prudential rule
has emerged that whenever in doubt, verify. […]

Reply

Oli Reyes said

February 26, 2010 at 1:48 pm

 True. Some lawyers I know just have everything verified to be in the safe
side. There is the hassle though of having to coordinate with the client to
sign the verification.

Reply

4. dionis jacobe said

August 17, 2010 at 3:14 pm

very informative. thanks

Reply

5. Greg said

August 17, 2010 at 9:23 pm

Section 5, Rule 7 of the Revised Rules of Court does not speak of verification,
but of certification of non-forum shopping. These two are not the same. For
instance, certification of non-forum shopping is mandatory but verification is
not. So what is the authority for saying that all civil complaints should be
verified? We know it must be, but what is the rule or law that says so.
Honestly, I don’t know. Can anyone help?

Reply

lawinnovations said

September 8, 2010 at 12:46 pm

Section 4 Rule 7 of the Rules of Court, as amended by A.M. No. 00-2-10-
SC dated May 1, 2000:
Sec. 4. Verification. —xxx
A pleading is verified by an affidavit that the affiant has read the pleading
and that the allegations therein are true and correct of his personal
knowledge or based on authentic records. XXX
The purpose of requiring verification is to secure an assurance that the
allegations of the petition have been made in good faith, or are true and
correct, not merely speculative.
Accordingly, a party who initiates a complaint must assure that his
allegations are true and correct of his personal knowledge or based on
authentic records.
 Reply

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