PLEADINGS 1.

Complaint the pleading alleging the plaintiffs cause/s

GENERAL PRINCIPLES ON PLEADINGS of action, stating therein the names and residences of the
Nature of Pleadings plaintiff and defendant and should contain a concise
written statements of the respective claims and defenses statement of the ultimate facts constituting the plaintiffs
of the parties submitted to the court for appropriate cause of action
judgment
allegations made by the parties to the action or Pleadings Allowed by the Rules of Court
proceeding for the purpose of presenting the issue to be 1. complaint
tried and determined 2. answer
3. counterclaim
Necessity 4. cross-claim
necessary in order to confer jurisdiction on a court, that 5. third (fourth, etc.) - party complaint
the subject matter be presented for its consideration in a 6. complaint-in-intervention
mode sanctioned by law and this is done by the filing of a 7. reply
complaint or other pleading
Pleadings Allowed under the Rules on Summary Procedure
Purpose 1. complaint
aim to define the issues and foundation of proof to be 2. compulsory counterclaim pleaded in the answer
submitted during the trial, and to apprise the court of the 3. cross-claim pleaded in the answer
rival claims of the parties 4. answer
to notify the opposite party of the facts which the Pleadings Prohibited
pleader expects to prove, so that he may not be misled in 1. permissive counterclaim
the preparation of his case 2. third-party complaint
3. reply
Construction 4. pleading-in-intervention
liberally construed so as to do substantial justice, should
receive a fair and reasonable construction in accordance Pleadings in the Rule of Procedure for Small Claims Cases
with the natural intendment of the words and language used 1. Plaintiff: accomplished and verified Statement of Claim
and the subject matter involved 2. Defendant: accomplished and verified Response,
HOWEVER, a party is strictly bound by the allegations, compulsory counterclaim in the Response
statements or admissions made in his pleadings and cannot Not Allowed:
be permitted to take a contradictory position. An admission 1. Petition for relief from judgment
in the pleadings cannot be controverted by the party making 2. Petition for certiorari, mandamus, or prohibition
such admission and are conclusive as to him, and that all against any interlocutory order issued by the court
proofs submitted by him contrary thereto or inconsistent 3. Reply
therewith, should be ignored, whether objection is 4. Third-party complaint
interposed or not. 5. Interventions
in case there are ambiguities in the pleadings: construed
most strongly against the pleader and no presumption in his Pleadings Not Allowed in Petition for a Writ of Amparo or
favor are to be indulged in since it is the pleader who Habeas Data
selects the language used and if his pleading is open to 1. Counterclaim
different constructions, such ambiguities must be at his 2. Cross-claim
peril 3. Third-party complaint
4. Reply
System of Pleading in the Philippines 5. Intervention
Code Pleading (US): based on codified rules or written set 6. Petition for certiorari, mandamus, or prohibition against
of procedure as distinguished from the common law any interlocutory order
procedure
Pleadings in the Rules of Procedure for Environmental Cases
Kinds of Pleadings 1. Complaint
2. Answer which may include a compulsory counterclaim and PARTS OF A PLEADING
cross-claim
3. Pleading in intervention as in a citizen suit
Prohibited:
1. Reply
2. Rejoinder
3. third-party complaint
Nature of Pleading; How Determined
by the averments in it and not by its title
allegations in the pleading and not the title or caption of
the pleading determines the nature of the action