Rule 7: Parts of Pleading

Section 1 Caption
a) Sets forth name of the court
b) Title of the action Should (Indicates the names of the
parties)
They shall all be named in the original complaint or
petition
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.
c) Docket number if assigned
d) Respective participation in the case shall be indicate =
REQUIRED
Notes:

complaint is NOT FATAL provided there is a statement in

the body of the petition indicating that a defendant was
made a party such action.
Sec 2. Body
1. Designation
2. Allegations
3. Relief prayed for
4. Date of the pleading
A) Paragraphs
Notes:
Allegation in the body of a pleading shall be divided into
paragraph shall be divided into paragraphs so numbered
as to be readily identified.

1. Names of all the parties in an appeal SHALL be also be

indicated in a notice of appeal and record on appeal.

B) Heading

Test of Sufficiency of Initial Pleading

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 cause of action and
so on for the others.

As to form It clearly states the nature, basis and extent of

the claim or demand asserted so that the defendant and
court may be fully informed and proceed accordingly.
Notes: A complaint is sufficient if it follows a form furnished
by the Rules of Court.
Caption Not Determinative of Nature of the Pleading
It is not the caption but the facts alleged which give
meaning to the pleading.
Note:
Vlasons Enterprises Corporation vs CA = SC held that mere
failute to to include the name of a party in the title of the

Notes:

Same applies to the an Answer : Answer to the first

cause of action
C) Relief - Specify the relief sought BUT it may add a
general prayer for such further or other relief.
D) Date) Every pleading must be dated.
Sec 3. Signature and Address
Notes:

1. Must be signed by the party or counsel representing him

stating his address.
2. An unsigned pleading produces no legal effect.
The court may allow such deficiency to be remedied
if it shall appear that the same was due to
inattention, and not intended for delay.
Effect of Failure to Sign or Signing with Intent to
Defeat Purpose of Rules
1. Strike out the pleadings as sham and false
2. No pleading
3. Attorney may be subjected to disciplinary action

Applicable to initiatory pleadings

E.G
1. Original civil complaint
2. Permissive counterclaim
3. Third party complaint
4. Complaint in intervention
Notes: Not mandatory in compulsory pleading
CERTIFICATION NOT NECESSARY IN MOTION FOR
EXTENSION

Sec 4. Verification

NOT NECESSARY IN APPLICATIONS FOR SEARCH

WARRANT

Notes:

When there is a forum shopping

General rule: Pleadings need not be under oath, verified or

accompanied by affidavit.
Exception: REQUIRED BY LAW

1. Whenever as a result of an adverse decision in one

forum, a party seeks favorable decision (other than by
appeal or certiorari) in another,

Sec 5. Certification against forum shopping

2. If after he has filed a petition before the Supreme Court,

a party files another before the CA since in such case he
deliberately splits appeals in the hope that even as one
cause in which a particular remedy is sought is dismissed
another case would still be open.

Rules of certification of forum shopping

1. 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 that :
a) That he has not theretofore commenced any action
or filed any claim involving the same issues in court,
tribunal or quasi-judicial agency and to the best of his
knowledge no such other action or claim is pending therein.
b) If there is such other pending action or claim, a complete
statement of the present status thereof;
c) If should thereafter learn that the same or similar action
or claim has been filed or is pending he shall report that
fact within 5 days therefrom to the court wherein his
aforesaid complaint or initiatory pleading has been filed.

3. Where a party attempts to obtain a preliminary injunction

in another court after failing to obtain the same from the
original court.
Notes:
Applicable also in cases handled in administrative process
or quasi judicial process
Tokio Marine Malayan Insurance Company vs Valdez
Manifestation of Valdez that she filed a criminal case
against petitioner is a valid compliance to the rule of
certification of non forum shopping.

Negros Slashers vs Teng No res judicata since the decision

of the MBA will not result to res judicata