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RULE 7

PARTS OF A PLEADING
Section 1. Caption

The CAPTION is that part of a pleading which sets


forth:

◉ the name of the court;

◉ the title of the action;

◉ the parties; and

◉ the docket number, if assigned.


MTC/RTC

Republic of the Philippines


MUNICIPAL TRIAL COURT IN CITIES/REGIONAL TRIAL COURT
Third Judicial Region
City of Malolos

BRANCH _____

JAY MARK SANTOS, CHER SANTOS,


FERDIE OQUENDO, AND MIA PACIS,
Plaintiffs,
CIVIL CASE No. _____________
-versus-
For:_______________________
RAEFER JOHN BERNARDO,
Defendant.
×---------------------------------------×
Collegiate Courts

Republic of the Philippines


COURT OF APPEALS
Manila

_____ DIVISION

JAY MARK SANTOS, CHER SANTOS,


FERDIE OQUENDO, AND MIA PACIS,
Plaintiff-Appellants,

-versus- CA G.R. CV No. _____________

RAEFER JOHN BERNARDO,


Defendant-Appellee.
×-----------------------------------×
Section 1. Caption

Republic of the Philippines


SUPREME COURT
Manila

_____ DIVISION/EN BANC

JAY MARK SANTOS, CHER SANTOS,


FERDIE OQUENDO, AND MIA PACIS,
Plaintiff-Appellants,

-versus- G.R. No. _____________

RAEFER JOHN BERNARDO,


Defendant-Appellee.
×----------------------------×
Designation of Parties

Ordinary Civil Actions Special Civil Actions Criminal Actions

Plaintiff v. Defendant Petitioner v. Respondent People v. Accused

Appellant v. Appellee

Plaintiff-Appellee
v.
Defendant-Appellant
Section 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.


Designation and Allegations

COMPLAINT

PLAINTIFF, through counsel, respectfully states that:

1. Plaintiff is a Filipino citizen, of legal age, and residing at No.


123 ABC Subdivision, Brgy. XYZ, City of Malolos, Bulacan;

2. Defendant is a Filipino citizen, of legal age, and residing at


No. 456 DEF Subdivision, Brgy. JKL, City of Malolos, Bulacan where
he may be served with summons, orders, and other processes;
Designation and Allegations

COMPLAINT

PLAINTIFF, through counsel, respectfully states that:

1. Plaintiff is domestic corporation duly organized and


existing under Philippine Law, with principal office address at
Suite No. 1, 3rd Floor ABC Building, Salcedo Village, Makati City;

2. Defendant is a Filipino citizen, of legal age, and residing at


No. 456 DEF Subdivision, Brgy. JKL, City of Malolos, Bulacan where
he may be served with summons, orders, and other processes;
Cause of Action

CAUSE OF ACTION

3. Plaintiff is engaged in the sale of live and dressed


chickens. Among plaintiff’s clients is defendant;

4. Using his credit line, defendant purchased on credit


dressed chicken from plaintiff on 30 August 2013, leaving an
outstanding balance of Php500,000.00;

5. Due to defendant being unmindful of his vast obligation,


plaintiff was constrained to send a demand letter dated 22
November 2013 and a final demand letter dated 5 February 2014,
which the latter personally received;
Cause of Action

6. Despite repeated demands, both verbally and in writing,


defendant failed, refused, and continues to fail and refuse to pay
settle his obligation Php500,000.00 exclusive of interest from 30
August 2013 until full satisfaction thereof;

7. Since defendant’s account has remained unpaid for a long


time, plaintiff was compelled to file this instant complaint and was
constrained to secure the services of the undersigned counsel and
obligated itself to pay attorney’s fees in the amount of
Php50,000.00 with an agreed upon court appearance fee of
Php5,000.00.
Relief and Date

PRAYER

WHEREFORE, it is respectfully prayed that after trial on the


merits, a Decision be rendered in favor of the plaintiff, and against
defendant, directing the latter to pay:

a. The amount of Php500,000.00 to plaintiff, exclusive of


interest, in addition to legal interest and penalty charges
that plaintiff is entitled to, and the legal interest from
demand on 18 September 2013 until the obligation is fully
paid;
Relief and Date

b. The attorney’s fees amounting to Php50,000.00, in addition


to Php5,000.00 for every hearing in this case; and,

c. The costs of the suit.

Other measures of relief, just and equitable under the


premises are likewise prayed for.

RESPECTFULLY SUBMITTED.

15 August 2015, City of Malolos, Bulacan.


Section 3. Signature

◉ Every pleading must be signed by the party or counsel.

◉ The address of the party/counsel must be indicated which


must not be a postal office box.

◉ The signature of counsel certifies that he or she has read the


pleading; to the best of his or her knowledge, information, and
belief, there is good ground to support it; and that it is not
interposed for delay.

◉ An unsigned pleading produces no effect. It is a mere scrap of


paper undeserving of any judicial acknowledgement. (Alcaraz v.
Judge Gonzales-Asdala, A.M. No. RTJ-11-2272, 16 February 2011).
Signature of Counsel

HARVEY SPECTER
Counsel for Plaintiff
Unit 215 JKL Building, Guinhawa, City of Malolos, Bulacan
Telephone No.: (044) 711-xxxx
Roll of Attorney’s No. xxxxxxxxxx
IBP No. xxxxxxxxxx
Professional Tax Receipt No. xxxxxxxxxx
Both issued at the City of Malolos on 4 January 2018
MCLE Compliance No. xxxxxxxxx; issued on 15 April 2016
Signature of Counsel

PEARSON SPECTER LITT LAW OFFICES


Counsel for Plaintiff
Unit 215 JKL Building, Guinhawa, City of Malolos, Bulacan
Telephone No.: (044) 711-xxxx

By:

HARVEY SPECTER
Roll of Attorney’s No. xxxxxxxxxx
IBP Lifetime Membership No. xxxxxxxxxx
Professional Tax Receipt No. xxxxxxxxxx
MCLE Compliance No. xxxxxxxxx
Signature of Counsel

◉ Bar Matter No. 287 dated 26 September 2000

All pleadings, motions and papers shall bear counsel's current


IBP official receipt number and date of issue. Otherwise, such
pleadings, motions and papers may not be acted upon by the
court, without prejudice to whatever disciplinary action against
the counsel who shall be required to comply with the
requirement within five (5) days from notice. Failure to comply
with such requirement shall be a ground for further disciplinary
sanction and for contempt of court.
Signature of Counsel

◉ Bar Matter No. 1132 dated 1 April 2003

All lawyers shall indicate their Roll of Attorneys Number in all


papers or pleadings in addition to the requirement of indicating
the current Professional Tax Receipt (PTR) and the IBP Official
Receipt or Life Member Number. All pleadings, motions and
papers filed in court which do not bear counsel's Roll of
Attorneys Number may not be acted upon by the court, without
prejudice to whatever disciplinary action against the counsel
who shall likewise be required to comply with the requirement
within five (5) days from notice. Failure to comply shall be a
ground for further disciplinary sanction and for contempt of
court.
Signature of Counsel

◉ Bar Matter No. 1192 dated 3 June 2008

Practicing members of the bar shall indicate in all pleadings


filed before the courts or quasi-judicial bodies, the number and
date of issue of their MCLE Certificate of Compliance or
Certificate of Exemption. Failure to disclose the required
information would cause the dismissal of the case and the
expunction of the pleadings from the records.
People v. Arrojoda
G.R. No. 20741, 9 November 2015
Facts

Jesus Arrojoda was charged with murder. However, the


RTC dismissed the case without prejudice due to the
failure of the prosecutor to indicate her MCLE Compliance
Number in the Information, as required by BM No. 1922.

The prosecutor contends that (1) criminal Informations


are not covered by BM No. 1922; and (2) her failure to
indicate her MCLE Compliance Number is a mere formal
defect and is not a valid ground to dismiss the criminal
case against Arrojoda.
Ruling

1. An Information is an initiatory pleading because it is a


written statement that contains the cause of action of
a party, which in criminal cases is the State as
represented by the prosecutor, against the accused.

2. The dismissal the Information, without prejudice, did


not leave the prosecution without any other plain,
speedy, and adequate remedy. The prosecution could
have simply re-filed the Information containing the
required MCLE Compliance Number, instead of
stubbornly insisting its position.

“The failure of a lawyer to indicate in his or
her pleadings the number and date of issue
of his or her MCLE Certificate of
Compliance will no longer result in the
dismissal of the case and expunction of the
pleading from the records. Nonetheless,
such failure will subject the lawyer to the
prescribed fine and/or disciplinary action.”
Section 3. Verification

◉ GENERAL RULE: Pleadings need not be under oath.

◉ EXCEPTION: Unless otherwise specifically required by law or


rule.

◉ A pleading is verified by an AFFIDAVIT that: (1) the affiant has


read the pleading; (2) the allegations contained therein are
TRUE and CORRECT of his PERSONAL KNOWLEDGE or based
on AUTHENTIC RECORDS.

◉ Verification of a pleading is a FORMAL, not a jurisdictional,


requisite.
Section 3. Verification

◉ A pleading required to be verified which lacks a proper


verification, shall be treated as an unsigned pleading (De Lima v.
Hon. Guerrero, G.R. No. 229871, 10 October 2017).

◉ It is simply intended to secure an assurance that the allegations


are true and correct and that the pleading is filed in GOOD
FAITH.

◉ Must be made by the party, his representative, lawyer, or any


person who personally knows the truth of the allegations in the
pleading.

◉ Cases covered by the Rule on Summary Procedure are all


pleadings required to be verified.
Verification

I, JAY MARK ALBIS SANTOS, after having been duly sworn in


accordance with law, depose and state that:

1. I am a plaintiff in the instant case;


2. I caused the preparation of the foregoing complaint;
3. I have read the contents thereof and the facts stated
therein are true and correct of my personal knowledge and
on the basis documents and records in my possession;

JAY MARK ALBIS SANTOS

SUBSCRIBED AND SWORN to before me this 17th day of May


2017, affiant exhibiting to me his Identification Card issued at the
City of Malolos, Bulacan.
Section 5. Certification against forum
shopping

◉ Forum shopping exists when a party repetitively avails himself


of several judicial remedies in different courts, simultaneously
or successively, all substantially founded on the same
transactions and the same essential facts and circumstances,
and all raising substantially the same issues either pending in,
or already resolved adversely by, some other court (De Lima v.
Hon. Guerrero).

◉ Failure to comply shall not be curable by mere amendment of


the initiatory pleading but shall be cause for the dismissal of
the case without prejudice, unless otherwise provided (De Lima
v. Hon. Guerrero).

◉ Must be executed by the petitioner himself, and not by counsel.


Certification

1. I am a plaintiff in the instant case;

2. I have not commenced any other action or proceeding


involving the same issues in the Supreme Court, Court of
Appeals, or any other tribunal or agency;

3. To the best of my knowledge and belief, no such action or


proceeding is pending in the Supreme Court, Court of
Appeals, or any other tribunal or agency;

4. Should I learn that a similar action has been filed or is


pending before the Supreme Court, Court of Appeals, or any
other tribunal or agency, I undertake to report that fact
within five (5) days therefrom to this Court.
Verification and Certification against forum
shopping
Thanks!

ANY QUESTIONS?